Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Proposed Rules 19155 

1A technical correction to the effective date for 

collectively bargained plans was made by Public 

Law 110–460. 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 54 

RIN 1545–BI70 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2590 

RIN 1210–AB30 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

45 CFR Parts 144 and 146 

[CMS–4140–NC] 

RIN 0938–AP65 

Request for Information Regarding the 

Paul Wellstone and Pete Domenici 

Mental Health Parity and Addiction 

Equity Act of 2008 

AGENCIES: Internal Revenue Service, 

Department of the Treasury; Employee 

Benefits Security Administration, 

Department of Labor; Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services. 

ACTION: Request for Information. 

SUMMARY: This document is a request for 

comments regarding issues under the 

Paul Wellstone and Pete Domenici 

Mental Health Parity and Addiction 

Equity Act of 2008 (MHPAEA). The 

Departments of Labor, Health and 

Human Services (HHS), and the 

Treasury (collectively, the Departments) 

invite public comments in advance of 

future rulemaking. 

DATES: Comments must be submitted on 

or before May 28, 2009. 

ADDRESSES: Written comments may be 

submitted to any of the addresses 

specified below. Any comment that is 

submitted to any Department will be 

shared with the other Departments. 

Please do not submit duplicates. 

Department of Labor. Comments to 

the Department of Labor by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: E-OHPSCA.EBSA@dol.gov. 

• Mail or Hand Delivery: Office of 

Health Plan Standards and Compliance 

Assistance, Employee Benefits Security 

Administration, Room N–5653, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210, 

Attention: MHPAEA Comments. 

Comments received by the 

Department of Labor will be posted 

without change to http:// 

www.regulations.gov and http:// 

www.dol.gov/ebsa, and available for 

public inspection at the Public 

Disclosure Room, N–1513, Employee 

Benefits Security Administration, 200 

Constitution Avenue, NW., Washington, 

DC 20210, including any personal 

information provided. 

Department of HHS. Comments to the 

Department of HHS, identified by CMS– 

4140–NC by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–4137–NC, P.O. Box 8017, 

Baltimore, MD 21244–8010. 

• Hand or courier delivery. 

Comments may be delivered to either 

7500 Security Boulevard, Baltimore, MD 

21244–1850 or Room 445–G, Hubert H. 

Humphrey Building, 200 Independence 

Avenue, SW., Washington, DC 20201. 

For delivery to Baltimore, please call 

telephone number (410) 786–7195 in 

advance to schedule your arrival with 

one of our staff members. For delivery 

to Washington, because access to the 

interior of the HHH Building is not 

readily available to persons without 

Federal Government identification, 

commenters are encouraged to leave 

their comments in the CMS drop slots 

located in the main lobby of the 

building. A stamp-in clock is available 

for persons wishing to retain proof of 

filing by stamping in and retaining an 

extra copy of the comments being filed. 

Inspection of Public Comments. All 

comments received before the close of 

the comment period are available for 

viewing by the public, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post all electronic 

comments received before the close of 

the comment period on the following 

public Web site as soon as possible after 

they have been received: http:// 

www.regulations.gov. Follow the search 

instructions on that Web site to view 

public comments. 

Comments received timely will be 

available for public inspection as they 

are received, generally beginning 

approximately 3 weeks after publication 

of a document, at the headquarters of 

the Centers for Medicare & Medicaid 

Services, 7500 Security Boulevard, 

Baltimore, Maryland 21244, Monday 

through Friday of each week from 8:30 

a.m. to 4 p.m. To schedule an 

appointment to view public comments, 

call 1–800–743–3951. 

Internal Revenue Service. Comments 

to the IRS, identified by REG–120692– 

09 by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: CC:PA:LPD:PR (REG–120692– 

09), Room 5205, Internal Revenue 

Service, P.O. Box 7604, Ben Franklin 

Station, Washington, DC 20044. 

• Hand or courier delivery: Monday 

through Friday between the hours of 8 

a.m. and 4 p.m. to: CC:PA:LPD:PR 

(REG–120692–09), Courier’s Desk, 

Internal Revenue Service, 1111 

Constitution Avenue, NW., Washington 

DC 20224. 

All submissions to the IRS will be 

open to public inspection and copying 

in room 1621, 1111 Constitution 

Avenue, NW., Washington, DC from 9 

a.m. to 4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Mark Connor or Beth Baum, Employee 

Benefits Security Administration, 

Department of Labor, at (202) 693–8335; 

Russ Weinheimer, Internal Revenue 

Service, Department of the Treasury, at 

(202) 622–6080; Adam Shaw, Centers 

for Medicare & Medicaid Services, 

Department of Health and Human 

Services, at (877) 267–2323 extension 

61091. 

Customer Service Information: 

Individuals interested in obtaining 

information from the Department of 

Labor concerning employment-based 

health coverage laws, including the 

nondiscrimination protections, may call 

the EBSA Toll-Free Hotline at 1–866– 

444–EBSA (3272) or visit the 

Department of Labor’s Web site (http:// 

www.dol.gov/ebsa). In addition, 

individuals may request a copy of 

CMS’s publication entitled ‘‘Protecting 

Your Health Insurance Coverage’’ by 

calling 1–800–633–4227. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Paul Wellstone and Pete 

Domenici Mental Health Parity and 

Addiction Equity Act of 2008 

(MHPAEA) was enacted on October 3, 

2008 as sections 511 and 512 of the Tax 

Extenders and Alternative Minimum 

Tax Relief Act of 2008 (Division C of 

Pub. L. 110–343).1 MHPAEA amends 

the Employee Retirement Income 

Security Act of 1974 (ERISA), the Public 


sroberts on PROD1PC70 with PROPOSALS
19156 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Proposed Rules 

Health Service Act (PHS Act), and the 

Internal Revenue Code of 1986 (Code). 

In 1996, Congress enacted the Mental 

Health Parity Act of 1996 (MHPA 1996), 

which required parity in aggregate 

lifetime and annual dollar limits for 

mental health benefits and medical and 

surgical benefits. These group market 

mental health parity provisions were 

codified in section 712 of ERISA, 

section 2705 of the PHS Act, and section 

9812 of the Code. The enactment of 

MHPAEA created new requirements and 

amended several of the existing group 

market mental health parity provisions. 

MHPAEA modifies the original 

definition of mental health benefits 

created by MHPA 1996 and adds a 

definition of substance use disorder 

benefits. Mental health benefits are 

defined as benefits with respect to 

services for mental health conditions, 

defined under the terms of the plan and 

in accordance with applicable Federal 

and State law. Substance use disorder 

benefits are defined as benefits with 

respect to services for substance use 

disorders, as defined under the terms of 

the plan and in accordance with 

applicable Federal and State law. 

While retaining MHPA 1996’s 

requirements for parity in the 

application of aggregate lifetime and 

annual dollar limits, MHPAEA adds 

new requirements. For group health 

plans (and health insurance coverage 

offered in connection with group health 

plans) that provide both medical and 

surgical benefits and mental health or 

substance use disorder benefits, 

MHPAEA requires plans or coverage to 

ensure that: (1) The financial 

requirements (including deductibles, 

copayments, coinsurance, and out-ofpocket expenses, but excluding 

aggregate lifetime limits and annual 

limits (which are subject to MHPA 

1996’s existing requirements)) 

applicable to such mental health or 

substance use disorder benefits are no 

more restrictive than the predominant 

financial requirements applied to 

substantially all medical and surgical 

benefits covered by the plan; (2) there 

are no separate cost-sharing 

requirements that are applicable only 

with respect to mental health or 

substance use disorder benefits; (3) the 

treatment limitations (including limits 

on the frequency of treatment, number 

of visits, days of coverage, or other 

similar limits on the scope or duration 

of treatment) applicable to such mental 

health or substance use disorder 

benefits are no more restrictive than the 

predominant treatment limitations 

applied to substantially all medical and 

surgical benefits covered by the plan; 

and (4) there are no separate treatment 

limitations that are applicable only with 

respect to mental health or substance 

use disorder benefits. A financial limit 

or treatment limit is considered to be 

predominant under MHPAEA if it is the 

most common or frequent of such type 

of limit or requirement. 

MHPAEA requires the criteria for 

medical necessity determinations made 

under the plan (or coverage) with 

respect to mental health or substance 

use disorder benefits be made available 

by the plan administrator (or health 

insurance issuer) in accordance with 

regulations to any current or potential 

participant, beneficiary, or contracting 

provider upon request. The reason for 

any denial under the plan (or coverage) 

of reimbursement or payment for 

services with respect to mental health or 

substance use disorder benefits in the 

case of any participant or beneficiary 

must, on request or as otherwise 

required, be made available by the plan 

administrator (or issuer) to the 

participant or beneficiary in accordance 

with regulations. 

Under MHPAEA, in the case of a plan 

or issuer that provides both medical and 

surgical benefits and mental health or 

substance use disorder benefits, if the 

plan or issuer provides coverage for 

medical or surgical benefits provided by 

out-of-network providers, the plan or 

issuer must provide coverage for mental 

health or substance use disorder 

benefits provided by out-of-network 

providers in a manner that is consistent 

with the requirements of MHPAEA and 

MHPA 1996. 

MHPAEA amended the two 

exemptions in subsection (c) of the 

group market mental health parity 

provisions. MHPAEA exempts group 

health plans (or health insurance 

coverage offered in connection with 

such a plan) of a small employer from 

the requirements of the group market 

mental health parity provisions for any 

plan year. A small employer is defined 

as an employer who employed an 

average of at least two (or one in the 

case of an employer residing in a State 

that permits small groups to include a 

single individual) but not more than 50 

employees on business days during the 

preceding calendar year. 

MHPAEA also exempts group health 

plans (or health insurance coverage 

offered in connection with such a plan) 

from the requirements of the group 

market mental health parity provisions 

if application of the group market 

mental health parity provisions results 

in an increase for the plan year involved 

of the actual total costs of coverage with 

respect to medical and surgical benefits 

and mental health and substance use 

disorder benefits by an amount that 

exceeds two percent for the first plan 

year in which the law applies and one 

percent for each subsequent plan year. 

In this case, the requirements of the 

group market mental health parity 

provisions do not apply to the plan or 

coverage during the following plan year, 

and such exemption applies for one 

plan year. Of course, an employer may 

elect to continue to apply mental health 

and substance use disorder parity with 

respect to the group health plan (or 

coverage) involved regardless of any 

increase in total costs. 

Under this cost exemption, 

determinations as to increases in actual 

costs under a plan must be made and 

certified by a qualified and licensed 

actuary who is a member in good 

standing of the American Academy of 

Actuaries. Exemption determinations 

must be in a written report prepared by 

the actuary, which must be maintained 

by the plan or issuer for six years 

following the notification of election to 

implement the exemption. 

Determinations are to be made after the 

plan has complied with the 

requirements of the group market 

mental health parity provisions for the 

first six months of the plan year 

involved. 

A plan or issuer that qualifies for and 

elects to implement the cost exemption 

must promptly notify the Secretaries of 

Labor, Health and Human Services, and 

the Treasury (as appropriate), the 

appropriate state agencies, and 

participants and beneficiaries in the 

plan. The notifications to the 

Secretaries, which are confidential, 

must include a description of (1) The 

number of covered lives under the plan 

(or coverage) involved at the time of the 

notification (and, as applicable, at the 

time of any prior election of the cost 

exemption by the plan or coverage); (2) 

a description of the actual total costs of 

coverage with respect to medical and 

surgical benefits and mental health and 

substance use disorder benefits under 

the plan (for both the plan year upon 

which a cost exemption is sought and 

the year prior); and (3) the actual total 

costs of coverage with respect to mental 

health and substance use disorder 

benefits under the plan (for both the 

plan year upon which a cost exemption 

is sought and the year prior). The 

Secretaries must make available upon 

request, but no more frequently than 

annually, an anonymous itemization of 

these notifications, including a 

breakdown of States by the size and 

type of employers submitting the 

notification and a summary of the data 

received. The Secretaries and the 

appropriate state agencies are 

authorized by MHPAEA to audit the 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Proposed Rules 19157 

2This date was changed from January 1, 2009 to 

January 1, 2010 by Public Law 110–460, enacted on 

December 23, 2008. 

books and records of a group health 

plan, or health insurance issuer offering 

coverage in connection with a plan, 

relating to an exemption. 

As enacted, MHPA 1996 included a 

sunset provision. This provision was 

amended several times to extend the 

sunset date, most recently to December 

31, 2008. MHPAEA eliminates the 

sunset provision, effective January 1, 

2009. Thus, the requirements of MHPA 

1996 will remain in place, except as 

modified by MHPAEA. Generally, the 

provisions of MHPAEA apply for plan 

years beginning after October 3, 2009 

(for calendar year plans, January 1, 

2010). 

There is a special effective date rule 

for group health plans maintained 

pursuant to one or more collective 

bargaining agreements (collectively 

bargained plans) ratified before October 

3, 2008 (the date of the enactment of 

MHPAEA). Under the special rule, 

MHPAEA’s requirements will not apply 

to plan years beginning before the later 

of either the date on which the last of 

the collective bargaining agreements 

relating to the plan terminates 

(determined without regard to any 

extension agreed to after October 3, 

2008), or January 1, 2010.2 Any plan 

amendment made pursuant to a 

collective bargaining agreement solely 

to conform to requirements added by 

MHPAEA is not treated as a termination 

of the agreement. 

II. Solicitation of Comments 

A. Comments Regarding Economic 

Analysis, Paperwork Reduction Act, and 

Regulatory Flexibility Act 

Executive Order 12866 requires an 

assessment of the anticipated costs and 

benefits of a significant rulemaking 

action and the alternatives considered, 

using the guidance provided by the 

Office of Management and Budget. 

These costs and benefits are not limited 

to the Federal government, but pertain 

to the affected public as a whole. Under 

Executive Order 12866, a determination 

must be made whether implementation 

of MHPAEA will be economically 

significant. A rule that has an annual 

effect on the economy of $100 million 

or more is considered economically 

significant. 

In addition, the Regulatory Flexibility 

Act may require the preparation of an 

analysis of the economic impact on 

small entities of proposed rules and 

regulatory alternatives. An analysis 

under the Regulatory Flexibility Act 

must generally include, among other 

things, an estimate of the number of 

small entities subject to the regulations 

(for this purpose, plans, employers, and 

issuers and, in some contexts small 

governmental entities), the expense of 

the reporting, recordkeeping, and other 

compliance requirements (including the 

expense of using professional expertise), 

and a description of any significant 

regulatory alternatives considered that 

would accomplish the stated objectives 

of the statute and minimize the impact 

on small entities. The Departments 

consider a small entity to be an 

employee benefit plan with fewer than 

100 participants. 

The Paperwork Reduction Act 

requires an estimate of how many 

‘‘respondents’’ will be required to 

comply with any ‘‘collection of 

information’’ requirements contained in 

regulations and how much time and 

cost will be incurred as a result. A 

collection of information includes 

recordkeeping, reporting to 

governmental agencies, and third-party 

disclosures. The Departments have 

current approval for information 

collection requirements related to the 

increased cost exemption under MHPA 

1996. 

The Departments are requesting 

comments that may contribute to the 

analyses that will be performed under 

these requirements, both generally and 

with respect to the following specific 

areas: 

(i) What policies, procedures, or 

practices of group health plans and 

health insurance issuers may be 

impacted by MHPAEA? What direct or 

indirect costs would result? What direct 

or indirect benefits would result? Which 

stakeholders will be impacted by such 

benefits and costs? 

(ii) Are there unique costs and 

benefits for small entities subject to 

MHPAEA (that is, employers with 

greater than 50 employees that maintain 

plans with fewer than 100 participants)? 

What special consideration, if any, is 

needed for these employers or plans? 

What costs and benefits have issuers 

and small employers experienced in 

implementing parity under State 

insurance laws or otherwise? 

(iii) Are there additional paperwork 

burdens related to MHPAEA compared 

to those related to MHPA 1996, and, if 

so, what estimated hours and costs are 

associated with those additional 

burdens? 

B. Comments Regarding Regulatory 

Guidance 

The Departments are seeking 

comments to aid in the development of 

regulations regarding MHPAEA. To 

assist interested parties in responding, 

this request for information describes 

specific areas in which the Departments 

are particularly interested; however, the 

Departments also request comments and 

suggestions concerning any area or issue 

pertinent to the development of 

regulations. 

Specific Areas in Which the 

Departments Are Interested Include the 

Following: 

1. The statute provides that the term 

‘‘financial requirement’’ includes 

deductibles, copayments, coinsurance, 

and out-of-pocket expenses, but 

excludes an aggregate lifetime limit and 

an annual limit. The statute further 

provides that the term ‘‘treatment 

limitation’’ includes limits on the 

frequency of treatment, number of visits, 

days of coverage, or other similar limits 

on the scope or duration of treatment. 

Do plans currently impose other types 

of financial requirements or treatment 

limitations on benefits? How do plans 

currently apply financial requirements 

or treatment limitations to (1) medical 

and surgical benefits and (2) mental 

health and substance use disorder 

benefits? Are these requirements or 

limitations applied differently to both 

classes of benefits? Do plans currently 

vary coverage levels within each class of 

benefits? 

2. What terms or provisions require 

additional clarification to facilitate 

compliance? What specific clarifications 

would be helpful? 

3. What information, if any, regarding 

the criteria for medical necessity 

determinations made under the plan (or 

coverage) with respect to mental health 

or substance use disorder benefits is 

currently made available by the plan? 

To whom is this information currently 

made available and how is it made 

available? Are there industry standards 

or best practices with respect to this 

information and communication of this 

information? 

4. What information, if any, regarding 

the reasons for any denial under the 

plan (or coverage) of reimbursement or 

payment for services with respect to 

mental health or substance use disorder 

benefits is currently made available by 

the plan? To whom is this information 

currently made available and how is it 

made available? Are there industry 

standards or best practices with respect 

to this information and communication 

of this information? 

5. To gather more information on the 

scope of out-of-network coverage, the 

Departments are interested in finding 

out whether plans currently provide 

out-of-network coverage for mental 

health and substance use disorder 

benefits. If so, how is such coverage the 

same as or different than out-of-network 


sroberts on PROD1PC70 with PROPOSALS
19158 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Proposed Rules 

coverage provided for medical and 

surgical benefits? 

6. Which aspects of the increased cost 

exemption, if any, require additional 

guidance? Would model notices be 

helpful to facilitate disclosure to Federal 

agencies, State agencies, and 

participants and beneficiaries regarding 

a plan’s or issuer’s election to 

implement the cost exemption? 

Signed at Washington, DC, this 24th day of 

December 2008. 

Nancy J. Marks, 

Division Counsel/Associate Chief Counsel, 

Tax Exempt and Government Entities, 

Internal Revenue Service, Department of the 

Treasury. 

Signed at Washington, DC, this 12th day of 

January 2009. 

W. Thomas Reeder, 

Benefits Tax Counsel, Department of the 

Treasury. 

Signed at Washington, DC, this 21st day of 

April 2009. 

Alan D. Lebowitz, 

Deputy Assistant Secretary for Program 

Operations, Employee Benefits Security 

Administration, U.S. Department of Labor. 

Dated: March 9, 2009. 

Charlene Frizzera, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. E9–9629 Filed 4–27–09; 8:45 am] 

BILLING CODE 4830–01–P; 4510–29–P; 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 127 

[Docket No. USCG–2007–27022] 

RIN 1625–AB13 

Revision of LNG and LHG Waterfront 

Facility General Requirements 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

revise the requirements for waterfront 

facilities handling liquefied natural gas 

(LNG) and liquefied hazardous gas 

(LHG). The proposed revisions would 

bring the regulations up to date with 

existing industry practices and current 

Coast Guard policy implemented due to 

increased emphasis on security since 

the events of September 11, 2001. These 

revisions would harmonize the Coast 

Guard’s regulations for LNG with those 

established by the Federal Energy 

Regulatory Commission (FERC), the 

agency responsible for permitting 

onshore and near-shore LNG terminals. 

This proposed rulemaking would not 

affect LNG deepwater ports. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before June 29, 2009 or reach the 

Docket Management Facility by that 

date. Comments sent to the Office of 

Management and Budget (OMB) on 

collection of information must reach 

OMB on or before June 29, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2007–27022 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. For instructions 

on submitting comments, see the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below. 

Collection of Information Comments: 

If you have comments on the collection 

of information discussed in section V.D. 

of this NPRM, you must also send 

comments to the Office of Information 

and Regulatory Affairs (OIRA), Office of 

Management and Budget. To ensure that 

your comments to OIRA are received on 

time, the preferred methods are by email to oira_submission@omb.eop.gov 

(include the docket number and 

‘‘Attention: Desk Officer for Coast 

Guard, DHS’’ in the subject line of the 

e-mail) or fax at 202–395–6566. An 

alternate, though slower, method is by 

U.S. mail to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Washington, DC 20503, 

ATTN: Desk Officer, U.S. Coast Guard. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call CDR Patrick Clark, CG–5222, 

U.S. Coast Guard, telephone 202–372– 

1410. If you have questions on viewing 

or submitting material to the docket, call 

Ms. Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Public Meetings 

II. Abbreviations 

III. Background and Purpose 

A. Discussion of FERC Regulations in 

Regard to LNG 

IV. Discussion of Proposed Rule 

V. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. 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. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2007–27022), 

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, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

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– 

2007–27022’’ 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 81⁄2 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. 


sroberts on PROD1PC70 with PROPOSALS