Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Proposed Rules 53395 

5 42 U.S.C 17301. 

6 The Commission previously issued an Advance 

Notice of Proposed Rulemaking (‘‘ANPR’’) in this 

proceeding. FTC, Prohibitions On Market 

Manipulation and False Information in Subtitle B 

of The Energy Independence and Security Act of 

2007, 73 FR 25614 (May 7, 2008). The ANPR was 

announced in a press release on May 1, 2008, 

available at (http://www.ftc.gov/opa/2008/05/ 

anpr.shtm). 7 17 CFR 240.10b-5. 

contrivance;’’ (2) ‘‘in connection with 

the purchase or sale of crude oil 

gasoline or petroleum distillates at 

wholesale;’’ (3) that violates a rule or 

regulation that the FTC ‘‘may prescribe 

as necessary or appropriate in the public 

interest or for the protection of United 

States citizens.’’5

On August 13, 2008, the FTC issued 

an NPRM seeking public comments on 

a proposed rule prohibiting market 

manipulation in the petroleum 

industry.6 The proposed Rule would 

make it unlawful for any person, 

directly or indirectly, in connection 

with the purchase or sale of crude oil, 

gasoline, or petroleum distillates at 

wholesale: 

(a) To use or employ any device, 

scheme, or artifice to defraud, 

(b) To make any untrue statement of 

a material fact or to omit to state a 

material fact necessary in order to make 

the statements made, in the light of the 

circumstances under which they were 

made, not misleading, or 

(c) To engage in any act, practice, or 

course of business that operates or 

would operate as a fraud or deceit upon 

any person. 

The comment period on the proposed 

Rule closes on October 17, 2008. The 

Commission has scheduled a public 

workshop for Thursday, November 6, 

2008, to allow interested parties to 

discuss the proposed Rule and 

comments filed in response to the 

NPRM. 

II. Issues for Discussion at the 

Workshop 

The workshop will address the 

desirability and scope of the 

Commission’s proposed Rule 

prohibiting market manipulation in 

wholesale petroleum markets. The 

Commission will consider the views 

expressed at the workshop, along with 

previously submitted comments, in 

determining the desirability of 

promulgating a market manipulation 

rule and the contours of any such rule. 

The issues that will be discussed 

include the basis for and the contours of 

the proposed Rule; the element of 

scienter and the recklessness standard 

proposed by the Commission to satisfy 

the scienter element; and the 

Commission’s decision not to require a 

showing of price effects in order to 

establish a violation of the proposed 

Rule. 

The Commission based its proposed 

Rule on Securities and Exchange 

Commission (‘‘SEC’’) Rule 10b-5.7 The 

proposed Rule would prohibit fraud and 

deception in wholesale petroleum 

markets. At the workshop, staff will 

examine support for and opposition to 

this approach, as well as any 

alternatives raised in response to the 

NPRM. Staff will also explore the Rule 

10b-5 concept of fraud and deception, 

including the contours of fraud and 

deception under securities law, and 

how such concepts might apply to 

wholesale petroleum markets. 

The NPRM makes clear that the 

Commission anticipates requiring a 

showing of intent in determining 

whether there has been a violation of 

any final market manipulation rule. In 

the NPRM, the Commission indicated 

that a showing of recklessness may 

satisfy the intent requirement. At the 

workshop, staff will examine the types 

of evidence that could establish the 

requisite level of intent, with a 

particular focus on the evidentiary proof 

used to establish intent under securities 

law precedent. In addition, staff will 

explore the potential costs and benefits 

to industry and consumers of permitting 

a showing of recklessness to satisfy the 

intent element. 

In the NPRM, the Commission noted 

that it does not anticipate requiring a 

showing of price effects as an element 

of a violation of any final market 

manipulation rule. At the workshop, 

staff will explore whether a showing of 

price effects should be required, and the 

advantages and disadvantages of 

requiring evidence of such effects. Staff 

also anticipates examining the kinds of 

direct or indirect evidence that would 

demonstrate price effects from 

manipulative or deceptive conduct in 

wholesale petroleum markets, including 

the treatment of such evidence under 

relevant securities law precedent. 

III. Requests to Participate as Panelists 

As noted earlier, parties interested in 

participating as panelists must submit 

written comments addressing the issues 

raised in the NPRM, in addition to a 

formal written request to participate in 

the form and manner described above. 

Parties must include in their request a 

brief statement setting forth their 

expertise or knowledge of the issues on 

which the workshop will focus, as well 

as their contact information, including, 

if available: a telephone number, 

facsimile number, and e-mail address to 

enable the FTC to notify requesters if 

they have been selected to participate. 

FTC staff will select panelists based 

on the following criteria: 1) the party 

has expertise in or knowledge of the 

issues that are the focus of the 

workshop; 2) the party’s participation 

would promote a balance of interests 

represented at the workshop; and 3) the 

party has been designated by one or 

more interested parties (who timely file 

requests to participate) as a party who 

shares the interests of the designator(s). 

Members of the general public who 

attend the workshop may have an 

opportunity to make brief oral 

statements presenting their views on 

issues raised in the NPRM. Oral 

statements by members of the general 

public will be limited on the basis of the 

time available and the number of 

persons who wish to make statements. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E8–21604 Filed 9–15–08: 8:45 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0809] 

RIN 1625–AA00 

Safety Zone; St. Croix Coral Reef 

Swim, Buck Island Channel, USVI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a safety zone on the navigable 

waters of Buck Island Channel, St. 

Croix, USVI. This proposed regulation is 

necessary to provide for the safety of 

participants, marine spectators, and 

recreational and professional mariner 

traffic during the St. Croix Coral Reef 

Swim event. This zone is intended to 

restrict vessels from entering into, 

transiting through, or anchoring within 

the waters where the event will be held 

unless authorized by the Captain of the 

Port (COTP) San Juan or a designated 

representative. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

October 16, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0809 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 


ebenthall on PROD1PC60 with PROPOSALS
53396 Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Proposed Rules 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) 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. 

(3) 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. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Mr. John Reyes of Sector San 

Juan, Prevention Operations Department 

at (787) 729–5381. 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. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0809), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. 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. 

You may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under ADDRESSES; 

but please submit your comments and 

material by only one means. If you 

submit them by mail or 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. We will consider 

all comments and material received 

during the comment period. We may 

change this proposed rule in view of 

them. 

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 at any time. 

Enter the docket number for this 

rulemaking (USCG–2008–0809) in the 

Search box, and click ‘‘Go >>.’’ You may 

also visit either the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays; or the U.S. Coast Guard, 

Sector San Juan, 5 Calle La Puntilla 

Street, San Juan, Puerto Rico 00901– 

1800 between 7:30 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act, system of records notice regarding 

our public dockets in the January 17, 

2008 issue of the Federal Register (73 

FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

This rule is required to provide for the 

safety of life in the Buck Island Channel 

during an organized swimming event. 

Buck Island Channel is frequented by 

both recreational and commercial 

vessels and a safety zone is necessary to 

maintain a safe distance between the 

swimmers and other users of the 

waterway. This rule creates a temporary 

regulation that will prohibit any nonparticipating vessel from entering the 

swim area without the authorization of 

the COTP San Juan or a designated 

representative. 

Discussion of Proposed Rule 

The proposed rule establishes a 

temporary safety zone on the north 

shore of St. Croix in Buck Island 

Channel. The zone includes all waters 

bound by a line connecting the 

following points: Beginning at Point 1 in 

position 17–44′42′′N, 064–41′48′′W; then 

north to Point 2 on Scotch Bank in 

position 17–45′36′′N, 064–41′48′′W; then 

east to Point 3 at Buck Island Reef 

National Monument Special Purpose 

Buoy ‘‘J’’ (LLNR 33112.1) in position 

17–46′41′′N, 064–38′17′′W; then 

northeast to Point 4 on Buck Island Reef 

in position 17–47′24′′N, 064–37′36′′W; 

then east to Point 5 at Buck Island in 

position 17–47′24′′N, 064–37′30′′W; then 

south and east along the Buck Island 

shoreline to Point 6 in position 17– 

47′06′′N, 064–37′24′′W; then southwest 

to Point 7 at Coakley Bay in position 

17–45′36′′N, 064–38′24′′W; then west 

along the St. Croix shoreline to origin. 

All non-participating persons and 

vessels are prohibited from entering the 

regulated area without permission from 

the COTP San Juan or a designated 

representative. This proposed rule 

would be effective from 6 a.m. through 

1 p.m. on October 19, 2008. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

This rule may have an impact on the 

marine public, but these potential 

impacts will be minimized for the 

following reason: There is ample room 

for vessels to navigate around the 

proposed safety zone. Also, the Captain 

of the Port San Juan may, on a case-bycase basis, allow persons or vessels to 

enter the proposed safety zone. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 


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Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Proposed Rules 53397 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This rule would affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels intending to transit 

Buck Island Channel, St. Croix, USVI. 

This proposed regulation will not have 

a significant impact on a substantial 

number of small entities for the 

following reasons: (1) the event will 

occur on a Sunday, when no or small 

numbers of vessels transit Buck Island 

Channel, St. Croix, USVI; (2) small 

vessel traffic would be able to safely 

transit around the safety zone. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES ) explaining why you think 

it qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Mr. John 

Reyes of Sector San Juan, Prevention 

Operations Department at (787) 729– 

5381. The Coast Guard will not retaliate 

against small entities that question or 

complain about this proposed rule or 

any policy or action of the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule would not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not effect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 5100.1 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

under the Instruction that this action is 

not likely to have a significant effect on 

the human environment. An 

environmental analysis checklist 

supporting this preliminary 

determination is available in the docket 

where indicated under ADDRESSES . We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 


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53398 Federal Register / Vol. 73, No. 180 / Tuesday, September 16, 2008 / Proposed Rules 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T07–0809 to read as 

follows: 

§ 165.T07–0809 Safety Zone; St. Croix 

Coral Reef Swim, Buck Island Channel, 

USVI. 

(a) Regulated Area. The Coast Guard 

is establishing a temporary safety zone 

on the navigable waters of Buck Island 

Channel for the annual St. Croix Coral 

Reef Swim. The zone includes all waters 

bound by a line connecting the 

following points: Beginning at Point 1 in 

position 17–44′42′′N, 064–41′48′′W; then 

north to Point 2 on Scotch Bank in 

position 17–45′36′′N, 064–41′48′′W; then 

east to Point 3 at Buck Island Reef 

National Monument Special Purpose 

Buoy ‘‘J’’ (LLNR 33112.1) in position 

17–46′41′′N, 064–38′17′′W; then 

northeast to Point 4 on Buck Island Reef 

in position 17–47′24′′N, 064–37′36′′W; 

then east to Point 5 at Buck Island in 

position 17–47′24′′N, 064–37′30′′W; then 

south and east along the Buck Island 

shoreline to Point 6 in position 17– 

47′06′′N, 064–37′24′′W; then southwest 

to Point 7 at Coakley Bay in position 

17–45′36′′N, 064–38′24′′W; then west 

along the St. Croix shoreline to origin. 

Reference Datum is NAD 1983. 

(b) Definitions. The following 

definitions apply to this section: 

Designated representative means 

Coast Guard Patrol Commanders 

including Coast Guard coxswains, petty 

officers and other officers operating 

Coast Guard vessels and federal, state, 

and local officers designated by or 

assisting the Captain of the Port (COTP) 

San Juan in the enforcement of the 

safety zone. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, entering, anchoring, mooring 

or transiting in this zone is prohibited 

unless specifically authorized by the 

COTP San Juan or a designated 

representative. Coast Guard Sector San 

Juan will issue broadcast notice to 

mariners to advise mariners of this zone. 

Persons and vessels may request 

permission to enter the safety zone on 

VHF–FM Channel 16 or via telephone at 

(787) 289–2041. 

(d) Dates. This rule is effective from 

6 a.m. through 1 p.m. on October 19, 

2008. 

Dated: August 14, 2008. 

J.M. Nunan, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port San Juan. 

[FR Doc. E8–21555 Filed 9–15–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0912] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Potomac River, National Harbor, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a safety zone upon specified 

waters of the Potomac River. This action 

is necessary to provide for the safety of 

life on navigable waters during a 

fireworks display launched from a 

discharge barge located at National 

Harbor, in Prince Georges County, 

Maryland. This safety zone is intended 

to protect the maritime public in a 

portion of the Potomac River. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

October 16, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0912 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) 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. 

(3) 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. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Mr. Ronald L. Houck, Coast 

Guard Sector Baltimore, at 410–576– 

2674 or 410–576–2693. 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. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0912), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. 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. 

You may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under ADDRESSES; 

but please submit your comments and 

material by only one means. If you 

submit them by mail or 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. We will consider 

all comments and material received 

during the comment period. We may 

change this proposed rule in view of 

them. 

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 at any time. 

Enter the docket number for this 

rulemaking (USCG–2008–0912) in the 

Search box, and click ‘‘Go >>.’’ You may 

also visit either the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays; or the Commander, Coast 

Guard Sector Baltimore, 2401 Hawkins 

Point Road, Baltimore, Maryland 

21226–1791, between 8 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act, system of records notice regarding 


ebenthall on PROD1PC60 with PROPOSALS