This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

14935 

Vol. 74, No. 62 

Thursday, April 2, 2009 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Parts 271, 272, 273 and 276 

[FNS–2008–0034] 

RIN 0584–AD25 

Supplemental Nutrition Assistance 

Program (SNAP): Clarifications and 

Corrections to Recipient Claim 

Establishment and Collection 

Standards 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: Supplemental Nutrition 

Assistance Program (SNAP) recipient 

claims are established and collected 

against households that receive more 

benefits than they are entitled to 

receive. This rulemaking corrects and 

clarifies provisions of the final rule on 

recipient claims published at 65 FR 

41752, July 6, 2000. The purposes of 

this proposed rulemaking are to remove 

a definition and several provisions that 

were made obsolete by the final rule; 

correct the typographical errors; correct 

the omission of the requirement that a 

copy of the claims management plan be 

submitted to the FNS Regional Office for 

informational purposes; reinforce 

current practices and requirements in 

the areas of fair hearings, fees, due 

dates, delinquent claims, retention, 

claim referrals, negligence and fraud; 

make conforming changes needed as a 

result of a subsequent rulemaking 

pertaining to a sponsor’s responsibility 

for overissuances of an alien household; 

and to remove an overpayment 

exception that is no longer applicable to 

the program. 

DATES: Comments on this proposed 

rulemaking must be received by July 1, 

2009, to be assured of consideration. 

ADDRESSES: The Food and Nutrition 

Service, Department of Agriculture 

invites interested persons to submit 

comments on this proposed rule. 

Comments may be submitted by any of 

the following methods: 

• E-mail: Send comments to 

PADmailbox@fns.usda.gov. 

• Fax: Submit comments by facsimile 

transmission to (703) 305–0928. 

• Mail: Send comments to Jane 

Duffield, State Administration Branch, 

Program Accountability and 

Administration Division, Food and 

Nutrition Service, USDA, 3101 Park 

Center Drive, Room 818, Alexandria, 

Virginia 22302. 

• Hand Delivery or Courier: You may 

also hand-deliver comments to us on the 

8th floor at the above address. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding this rulemaking 

should be addressed to Jane Duffield at 

the above address, by telephone at (703) 

605–4385, or via the Internet at 

jane.duffield@fns.usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information on Comment 

Filing/Electronic Access 

Electronic Access and Filing Address 

You may view and download an 

electronic version of this proposed rule 

at http://www.fns.usda.gov/snap/. You 

may also comment via the Internet at 

the same address. Please include 

‘‘Attention: RIN 0584–AD25’’ and your 

name and return address in your 

Internet message. If you do not receive 

confirmation from the system that we 

have received your message, contact us 

directly at (703) 605–4385. 

Written Comments 

Written comments on the proposed 

rule should be specific, should be 

confined to issues pertinent to the 

proposed rule, and should explain the 

reason for any change you recommend. 

Where possible, you should reference 

the specific section or paragraph of the 

proposed rule you are addressing. To be 

assured of consideration, comments 

must be received on or before the close 

of the comment period, see DATES. We 

may not consider for the final rule 

comments that we receive after the close 

of the comment period or comments 

delivered to an address other than those 

listed above. We will make all 

comments, including names, street 

addresses, and other contact 

information of respondents, available 

for public inspection on the 8th floor, 

3101 Park Center Drive, Alexandria, 

Virginia 22302 between 8:30 a.m. and 5 

p.m. Eastern time, Monday through 

Friday, excluding Federal holidays. 

II. Procedural Matters 

Executive Order 12866 

This proposed rule has been 

determined to be not significant and 

was not reviewed by the Office of 

Management and Budget under 

Executive Order 12866. 

Regulatory Flexibility Act 

This rule has been reviewed with 

regard to the requirements of the 

Regulatory Flexibility Act of 1980 

(5.U.S.C. 601–612). Enrique Gomez, 

Acting Administrator, Food and 

Nutrition Service (FNS), has certified 

that this rule will not have a significant 

impact on a substantial number of small 

entities. State and local welfare agencies 

will be the most affected to the extent 

that they administer the Program. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995, Public Law 104–4, 

(UMRA), establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under section 202 of UMRA, 

FNS generally must prepare a written 

statement, including a cost benefit 

analysis, for proposed and final rules 

with Federal mandates that may result 

in expenditures to State, local, or Tribal 

governments, in the aggregate, or to the 

private sector, of $100 million or more 

in any one year. When such a statement 

is needed for a rule, section 205 of the 

UMRA generally requires FNS to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, more costeffective or least burdensome alternative 

that achieves the objectives of the rule. 

This rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, and Tribal governments or 

the private sector of $100 million or 

more in any one year. This rule is 

therefore, not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 


dwashington3 on PROD1PC60 with PROPOSALS
14936 Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Proposed Rules 

Executive Order 12372 

SNAP is listed in the Catalog of 

Federal Domestic Assistance under No. 

10.551. For the reasons set forth in the 

final rule in 7 CFR part 3015, Subpart 

V and related Notice (48 FR 29,115, June 

24, 1983), this Program is excluded from 

the scope of Executive Order 12372 that 

requires intergovernmental consultation 

with State and local officials. 

Executive Order 13132 

Executive Order 13132 requires 

Federal agencies to consider the impact 

of their regulatory actions on State and 

local governments. Where such actions 

have federalism implications, agencies 

are directed to provide a statement for 

inclusion in the preamble to the 

regulations describing the agency’s 

considerations in terms of the three 

categories called for under section 

(6)(b)(2)(B) of Executive Order 13132. 

FNS has considered this rule’s impact 

on State and local agencies and has 

determined that it does not have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have preemptive effect with respect to 

any State or local laws, regulations or 

policies which conflict with its 

provisions or which would otherwise 

impede its full implementation. As 

addressed in the Dates paragraph, with 

the exception of providing an 

informational copy of the claims 

management plan, the provisions are 

already in force. Prior to any judicial 

challenge to the provisions of this rule 

or the application of its provisions, all 

applicable administrative procedures 

must be exhausted. 

Civil Rights Impact Analysis 

FNS has reviewed this proposed rule 

in accordance with the Department 

Regulation 4300–4, ‘‘Civil Rights Impact 

Analysis,’’ to identify and address any 

major civil rights impacts the rule might 

have on minorities, women, and persons 

with disabilities. After a careful review 

of the rule’s intent and provisions, and 

the characteristics of SNAP households 

and individual participants, FNS has 

determined that there are no civil rights 

impacts in this proposed rule. All data 

available to FNS indicate that protected 

individuals have the same opportunity 

to participate in SNAP as non-protected 

individuals. 

FNS specifically prohibits the State 

and local government agencies that 

administer the Program from engaging 

in actions that discriminate against any 

application or participant in any aspect 

of Program administration, including, 

but not limited to, the certification of 

households, the issuance of benefits, the 

conduct of fair hearings, or the conduct 

of any other Program service for reasons 

of age, race, color, sex, handicap, 

religious creed, national origin, or 

political beliefs. SNAP 

nondiscrimination policy can be found 

at 7 CFR 272.6(a)). Discrimination in 

any aspect of Program administration is 

prohibited by these regulations, the 

Food and Nutrition Act of 2008, the Age 

Discrimination Act of 1975 (Pub. L. 94– 

135), the Rehabilitation Act of 1973 

(Pub. L. 93–112, section 504), and title 

VI of the Civil Rights Act of 1964 (42 

U.S.C. 2000(d)). Where State agencies 

have options, and they choose to 

implement a certain provision, they 

must implement it in such a way that it 

complies with the regulations at 7 CFR 

272.6. Enforcement action may be 

brought under any applicable Federal 

law. Title VI complaints shall be 

processed in accord with 7 CFR part 15. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. Chap. 35; see 5 CFR part 

1320) requires that the Office of 

Management and Budget (OMB) 

approve all collections of information 

by a Federal agency from the public 

before they can be implemented. 

Respondents are not required to respond 

to any collection of information unless 

it displays a current valid OMB control 

number. Information collections in this 

proposed rule have been previously 

approved under OMB Nos. 0584–0069, 

0584–0446, and 0584–0492. 

FNS–209 Report (OMB No. 0584–0069) 

Claims activity is reported by State 

agencies on the Status of Claims Against 

Households (FNS–209) report. The OMB 

approved the information collection 

requirements for completing and 

submitting the FNS–209 report under 

OMB Control Number 0584–0069. This 

rule does not change this burden. 

Federal Collection Methods for 

Supplemental Nutrition Assistance 

Program Recipient Claims (0584–0446) 

The information collection burden for 

Federal collections of recipient claims is 

covered under OMB Control Number 

0584–0446. This rule makes some 

changes to those requirements. This rule 

does not change this burden. 

Repayment Demand and Program 

Disqualification (0584–0492) 

The burden associated with providing 

notice and demand for payment to 

households has been approved under 

OMB Control Number 0584–0492. This 

rule does not change this burden. 

Government Paperwork Elimination Act 

FNS is committed to compliance with 

the Government Paperwork Elimination 

Act (GPEA), which requires Government 

agencies to provide the public the 

option of submitting information or 

transacting business electronically to 

the maximum extent possible. 

III. Background 

Prior to the July 6, 2000, final rule, the 

last major revision to the SNAP 

recipient claim regulations was in 1983. 

The July 6, 2000, final rule 

accomplished several specific objectives 

while updating the SNAP recipient 

claims regulations. First, it incorporated 

changes mandated by the Personal 

Responsibility and Work Opportunity 

Reconciliation Act of 1996, Public Law 

104–193. Second, it streamlined the 

presentations of our policies, and in 

some cases, the policies themselves. 

Third, it incorporated Federal debt 

management regulations and statutory 

revisions into recipient claim 

management. Finally, that rule provided 

State agencies with additional tools to 

facilitate the establishment, collections 

and disposition of recipient claims. 

Purpose of this Rule 

This rulemaking is to correct and 

clarify provisions of the July 6, 2000, 

final rule on recipient claims published 

at 65 FR 41,752, July 6, 2000. This rule 

does not create new standards for 

establishing and collecting SNAP 

recipient claims. Rather, this 

rulemaking clarifies areas of the final 

rule, as published, to reflect 

longstanding policy. Additionally, this 

rule makes minor technical changes and 

corrects typographical errors. With this 

proposed rule we continue to improve 

claims management in the SNAP while 

affirming our longstanding position that 

State agencies have a great amount of 

flexibility in their efforts to increase 

claim collection. 

Areas of Policy Clarification 

The following policy areas are being 

clarified in this rulemaking: Fair 

hearings, fees, due dates, delinquency 

date, retention of collections, and claim 

referral timeframes. All of these policy 

areas fall within 7 CFR 273.18. 

Claims and Fair Hearings 

Section 11(e)(10) of the Food and 

Nutrition Act of 2008, as amended, (7 

U.S.C. 2020) specifically provides for a 

fair hearing when a claim for an 

overissuance is established against a 

household. We are concerned that the 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Proposed Rules 14937 

omission of the word ‘‘fair’’ in 

paragraphs 7 CFR 273.18(e)(3)(iii) and 

(iv)(I) could inadvertently deprive a 

household of its due process rights. 

Therefore, we are adding the word 

‘‘fair’’ into the regulatory text. By adding 

this text, we are affirming the 

household’s right to a fair hearing. 

Due Dates 

In accordance with 7 CFR 

273.18(e)(3)(iv), when a claim is 

established, the State issues an initial 

notification letter or demand letter to 

the household. Among other things, 

current rules require that the initial 

notification letter include a due date or 

time frame to either repay or make 

arrangements to repay the claim unless 

the State agency is going to impose 

allotment reduction. However, we 

recognize that households that may 

initially repay their claims through 

allotment reduction may at some point 

cease to receive benefits. In order to 

ensure that all households are treated 

fairly, we expect that these households 

will be notified of a due date or time 

frame to either repay or make 

arrangements to repay the claim should 

they cease to receive benefits while they 

have an outstanding claim. Therefore, 

we are adding new language at 7 CFR 

273.18(e)(3)(iv)(O) that reinforces this 

expectation that all households be 

notified of a due date in the initial 

notification letter. 

Delinquency Date 

FNS is required by the Debt 

Collection Improvement Act of 1996, 

Public Law 104–134, to submit eligible 

SNAP recipient debts to the Treasury 

Offset Program (TOP) for collection. One 

of the requirements is that a SNAP 

recipient debt must be at least 180 days 

delinquent in order to be submitted to 

TOP. We consider the starting point for 

counting the 180 days to be the 

delinquency date. We intend that the 

delinquency date, once established, 

remain the same throughout the 

existence of the claim. The change in 

regulatory text contained in this 

rulemaking at 7 CFR 273.18(e)(5)(iii) 

emphasizes that post-delinquency 

repayment agreements do not alter the 

delinquency date. 

Retention of Claims 

Section 16(a) of the Food and 

Nutrition Act of 2008 permits States to 

retain 35 percent collected for 

Intentional Program Violation (IPV) 

claims and 20 percent for Inadvertent 

Household Error (IHE) claims. We are 

adding provisions at 7 CFR 273.18(k)(2) 

to clarify that there is no retention by 

the State in situations where payments 

are not returned to the State because the 

household is ordered by a court to 

perform community service in lieu of a 

claim or in situations where payments 

made to a court are not forwarded to the 

State. This was inadvertently not 

addressed in the July 6, 2000, 

rulemaking. 

Claim Referral and Establishment 

Under the Claim Referral Management 

section at 7 CFR 273.18(d), State 

agencies have a standard timeframe for 

establishing claims. These timeframes 

are intended to be used primarily as a 

management tool by States to prevent 

the backlog of claims and to reinforce 

our expectation that States run an 

efficient and effective claims 

management system. States have always 

had the option to develop and follow 

their own claims referral management 

plan. We do not consider recipient 

claims that have been established 

outside of these timeframes invalid 

claims. However, claims that are 

established timely have a better chance 

of being collected. Therefore, we are 

adding a paragraph at 7 CFR 

273.18(d)(3) that clarifies FNS’s position 

that States must establish SNAP 

recipient claims even if they cannot be 

established within the referral 

management timeframes outlined in 7 

CFR 273.18(d). 

Additional Actions of this Regulation 

Other proposed actions included in 

this rule are corrections as a result of 

typographical errors and changes that 

were neglected at the time of the July 6, 

2000, rulemaking; removal of the 

definition for ‘‘Claims Collection Point’’ 

from 7 CFR 271.2 because the term is no 

longer used; addition of the requirement 

at 7 CFR 272.2(d)(1)(x) for State agencies 

to submit an informational copy of the 

claims management plan to the FNS 

regional office; changes to conform 7 

CFR 273.18(a)(4) to subsequent changes 

made by the November 21, 2000, (65 FR 

70,134) final regulation on sponsored 

aliens, which eliminated the sponsor’s 

liability for overpayments of the alien 

household’s benefits; and removal of the 

exception to overpayments caused by 

households transacting Authorization to 

Participate (ATP) cards, as they are no 

longer used in the Program. 

List of Subjects 

7 CFR Part 271 

Food stamps, Grant programs—social 

programs, Reporting and recordkeeping 

requirements. 

7 CFR Part 272 

Alaska, Civil rights, SNAP, Grant 

programs—social programs, Reporting 

and recordkeeping requirements. 

7 CFR Part 273 

Administrative practice and 

procedure, Aliens, Claims, SNAP, 

Fraud, Grant programs—social 

programs, Penalties, Reporting and 

recordkeeping requirements, Social 

Security, Students. 

7 CFR Part 276 

Administrative practice and 

procedure, Food stamps, Fraud, Grant 

programs—social programs. 

Accordingly, 7 CFR Parts 271, 272, 

273, and 276 are amended as follows: 

1. The authority citation for parts 271, 

272, 273 and 276 continues to read: 

Authority: 7 U.S.C. 2011 through 2036. 

PART 271—GENERAL INFORMATION 

AND DEFINITIONS 

§ 271.2 [Amended] 

2. In § 271.2, remove the definition for 

‘‘Claims Collection Point’’. 

PART 272—REQUIREMENTS FOR 

PARTICIPATING STATE AGENCIES 

3. In § 272.2 revise paragraph (d)(1)(x) 

to read as follows. 

§ 272.2 Plan of operation. 

* * * * * 

(d) * * * 

(1) * * * 

(x) Claims Management Plan as 

required by 273.18(a)(3) to be submitted 

for informational purposes only; not 

subject to approval as part of the plan 

submission procedures under paragraph 

(e) of this section. 

* * * * * 

PART 273—CERTIFICATION OF 

ELIGIBLE HOUSEHOLDS 

4. In § 273.18: 

a. Remove paragraph (a)(4)(ii) and 

redesignate (a)(4)(iii) as (a)(4)(ii); 

b. Amend paragraph (b)(3) by 

removing the last sentence; 

c. Amend paragraph (c)(1)(ii)(D) by 

removing ‘‘(e)(1)(ii)(C)’’ and adding in 

its place ‘‘(c)(1)(ii)(C)’’; 

d. Add paragraph (d)(3); 

e. Amend paragraph (e)(1) by 

removing ‘‘(g)(2)’’ and adding in its 

place ‘‘(e)(2)’’; 

f. Remove ‘‘a hearing’’ and add in its 

place ‘‘a fair hearing’’ in paragraphs 

(e)(3)(iii) and (e)(3)(iv)(I); 

g. Redesignate paragraph (e)(3)(iv)(O) 

as (e)(3)(iv)(P) and add a new paragraph 

(e)(3)(iv)(O); 

h. Revise the first sentence of 

paragraph (e)(5)(iii); 


dwashington3 on PROD1PC60 with PROPOSALS
14938 Federal Register / Vol. 74, No. 62 / Thursday, April 2, 2009 / Proposed Rules 

i. Revise paragraph (k)(2). 

The additions and revisions read as 

follows: 

§ 273.18 Claims against households. 

* * * * * 

(d) * * * 

(3) States must establish claims even 

if they cannot be established within the 

timeframes outlined under paragraph 

(d) of this section. 

(e) * * * 

(3) * * * 

(iv) * * * 

(O) If allotment reduction is to be 

imposed, a due date or time frame to 

either repay or make arrangements to 

repay the claim in the event that the 

household stops receiving benefits. 

* * * * * 

(5) * * * 

(iii) The date of delinquency for a 

claim covered under paragraph 

(e)(5)(i)(B) of this section is the due date 

of the missed installment payment 

unless the claim was delinquent prior to 

entering into a repayment agreement, in 

which case the due date will be the due 

date on the initial notification/demand 

letter. * * * 

* * * * * 

(k) * * * 

(2) These rates do not apply to: 

(i) Any reduction in benefits when 

you disqualify someone for an IPV; 

(ii) The value of court-ordered public 

service performed in lieu of the 

payment of a claim; or, 

(iii) Payments made to a court that are 

not subsequently forwarded as payment 

of an established claim. 

* * * * * 

PART 276—STATE AGENCY 

LIABILITIES AND FEDERAL 

SANCTIONS 

§ 276.2 [Amended] 

5. In § 276.2, amend paragraph (c) by 

removing ‘‘273.18(h)’’ and adding in its 

place ‘‘273.18(l)’’. 

* * * * * 

Dated: March 22, 2009. 

E. Enrique Gomez, 

Acting Administrator, Food and Nutrition 

Service. 

[FR Doc. E9–7151 Filed 4–1–09; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2008–0047] 

RIN 1625–AA01 

Anchorage Regulations; Port of New 

York and Vicinity 

AGENCY: Coast Guard, DHS. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: This document supplements 

the Coast Guard’s May 2008 proposal to 

amend the existing special anchorage 

area at Perth Amboy, New Jersey, at the 

junction of the Raritan River and Arthur 

Kill. The proposed amendment is 

necessary to facilitate safe navigation 

and provide for a safe and secure 

anchorage for vessels of not more than 

65 feet in length. This supplemental 

notice of proposed rulemaking provides 

updated coordinates for the proposed 

amendment and revises the proposed 

use limitations. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 4, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2008–0047 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Mr. Jeff Yunker, 

Waterways Management Coordinator, 

Coast Guard, telephone 718–354–4195, 

e-mail Jeff.M.Yunker@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0047), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a telephone number in the 

body of your document so that we can 

contact you if we have questions 

regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2008–0047’’ in the Docket ID box, press 

Enter, and then click on the balloon 

shape in the Actions column. If you 

submit your comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 8c by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the Facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period 

and may change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2008–0047 in the Docket ID box, press 


dwashington3 on PROD1PC60 with PROPOSALS