Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules 32479 

separate shareholder vote pursuant to 

section 111(e)(1) of the Emergency 

Economic Stabilization Act of 2008 (12 

U.S.C. 5221(e)(1)) and § 240.14a–20 

shall disclose that they are providing 

such a vote as required pursuant to the 

Emergency Economic Stabilization Act 

of 2008, and briefly explain the general 

effect of the vote. 

* * * * * 

July 1, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–16037 Filed 7–7–09; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 80, 85, 86, 94, 1027, 1033, 

1039, 1042, 1043, 1045, 1048, 1051, 

1054, 1060, 1065, and 1068 

[EPA–HQ–OAR–2007–0121; FRL–8927–6] 

RIN 2060–AO38 

Public Hearing for the Category 3 

Marine Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public hearings. 

SUMMARY: The EPA is announcing a 

public hearing to be held for the 

proposed rule ‘‘Control of Emissions 

from New Marine Compression-Ignition 

Engines at or Above 30 Liters per 

Cylinder’’ (the proposed rule is 

hereinafter referred to as the ‘‘Category 

3 Marine Rule’’), which will be 

published separately in the Federal 

Register. There will be two hearings, 

one held in New York, NY, on August 

4, 2009, and one held in Long Beach, 

CA on August 6, 2009. 

In a separate notice of proposed 

rulemaking, EPA is proposing emission 

standards for new marine diesel engines 

with per cylinder displacement at or 

above 30 liters (called Category 3 marine 

diesel engines) installed on U.S. vessels, 

under section 213 of the Clean Air Act 

(CAA or ‘‘the Act’’). The proposed 

engine standards are equivalent to the 

nitrogen oxides (NOX) limits recently 

adopted in the amendments to Annex VI 

to the International Convention for the 

Prevention of Pollution from Ships 

(MARPOL Annex VI) and are based on 

the position advanced by the United 

States Government as part of those 

international negotiations. The nearterm standards for newly-built engines 

would apply beginning in 2011. Longterm standards would begin in 2016 and 

are based on the application of highefficiency aftertreatment technology. We 

are also proposing a change to our diesel 

fuel program that would forbid the 

production and sale of marine fuel oil 

above 1,000 ppm sulfur for use in the 

waters within the proposed U.S. ECA 

and internal U.S. waters and allow for 

the production and sale of 1,000 ppm 

sulfur fuel for use in Category 3 marine 

vessels. 

The proposal is part of a coordinated 

strategy to ensure that all ships that 

affect U.S. air quality meet stringent 

NOX and fuel sulfur requirements. In 

addition, on March 27, 2009, the U.S. 

Government forwarded a proposal to the 

International Maritime Organization 

(IMO) to amend MARPOL Annex VI to 

designate an Emission Control Area 

(ECA) off U.S. coasts. If this proposed 

amendment is not timely adopted by 

IMO, we intend to take supplemental 

action to control emissions from vessels 

affecting U.S. air quality. 

The proposed regulations also include 

technical amendments to our motor 

vehicle and nonroad engine regulations. 

Many of these changes involve minor 

adjustments or corrections to our 

recently finalized rule for new nonroad 

spark-ignition engines, or adjustments 

to other regulatory provisions to align 

with this recently finalized rule. Our 

coordinated strategy also includes 

proposed regulations to implement 

MARPOL Annex VI pursuant to the Act 

to Prevent Pollution from Ships. 

DATES: The public hearings will be held 

on Tuesday, August 4, 2009 in New 

York, NY, and on Thursday, August 6, 

2009, in Long Beach, CA. If you would 

like to speak at a public hearing, please 

notify the contact person listed under 

FOR FURTHER INFORMATION CONTACT at 

least ten days before the hearing. See 

SUPPLEMENTARY INFORMATION for other 

detailed information regarding the 

public hearings for the Category 3 

Marine Rule. 

ADDRESSES: The hearings will be held at 

the following two locations: New York 

Marriott Downtown, 85 West Street, 

New York, NY 10006; and Westin Long 

Beach, 333 East Ocean Boulevard, Long 

Beach, CA 90802. Written comments on 

the proposed rule may also be submitted 

to EPA electronically, by mail, by 

facsimile, or through hand delivery/ 

courier. Please refer to the notice of 

proposed rulemaking for the addresses 

and detailed instructions for submitting 

written comments. 

FOR FURTHER INFORMATION CONTACT: 

Amy Kopin, U.S. EPA, Office of 

Transportation and Air Quality, 

Assessment and Standards Division 

(ASD), Environmental Protection 

Agency, 2000 Traverwood Drive, Ann 

Arbor, MI 48105; telephone number: 

(734) 214–4417; fax number: (734) 214– 

4050; e-mail address: 

Kopin.Amy@epa.gov; or Assessment and 

Standards Division Hotline, telephone 

number: (734) 214–4636. 

SUPPLEMENTARY INFORMATION: The 

proposal for which EPA is holding the 

public hearing will be published 

separately in the Federal Register. A 

pre-publication copy of the notice of 

proposed rulemaking is available on the 

following Web site: http://www.epa.gov/ 

otaq/oceanvessels.htm. 

Public Hearings: The public hearings 

will provide interested parties the 

opportunity to present data, views, or 

arguments concerning the proposed 

rule. The EPA may ask clarifying 

questions during the oral presentations, 

but will not respond to the 

presentations at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as any oral comments and supporting 

information presented at the public 

hearings. Written comments must be 

received by the last day of the comment 

period, as specified in the proposal of 

the Category 3 Marine Rule. 

The public hearings will be held on 

August 4, 2009 in New York, and 

August 6, 2009, in Long Beach, CA. 

These hearings will both start at 10 a.m. 

local time and continue until everyone 

has had a chance to speak. If you would 

like to speak at a public hearing, please 

notify the contact person listed under 

FOR FURTHER INFORMATION CONTACT at 

least ten days before the hearing. 

Verbatim transcripts of the hearings and 

written statements will be included in 

the rulemaking docket. 

How Can I Get Copies of This 

Document, the Proposed Rule, and 

Other Related Information? 

The EPA has established a docket for 

this action under Docket ID No. EPA– 

HQ–OAR–2007–0121. When the 

proposed rule is published in the 

Federal Register, a complete set of 

documents related to the proposal will 

be available for public inspection at the 

EPA Docket Center, located at 1301 

Constitution Avenue, NW., Room 3334, 

Washington, DC, between 8:30 a.m. and 

4:30 p.m., Monday through Friday, 

excluding legal holidays. A reasonable 

fee may be charged for copying. 

Documents are also available through 

the electronic docket system at http:// 

www.regulations.gov. Please refer to the 

notice of proposed rulemaking for 

detailed information on accessing 

information related to the proposal. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

32480 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Proposed Rules 

The EPA has also developed a Web 

site for the proposed rule. A copy of the 

notice of proposed rulemaking (which is 

essentially the same as the proposal that 

will be published) was posted on the 

EPA Web site prior to publication in the 

Federal Register. The EPA Web site for 

the rulemaking, which includes 

information about the public hearings, 

can be found at: http://www.epa.gov/ 

otaq/oceanvessels.htm. 

Dated: June 25, 2009. 

Margo T. Oge, 

Director, Office of Transportation and Air 

Quality. 

[FR Doc. E9–16079 Filed 7–7–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1062] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the following 

communities: the City of St. Louis, St. 

Charles and St. Louis counties in 

Missouri; and Madison, Monroe, and St. 

Clair counties in Illinois. The 

communities addressed by this rule 

were the subject of an act of Congress 

which required the Federal Emergency 

Management Agency (FEMA) to delay 

the statutory appeals process required 

under Section 1363 of the National 

Flood Insurance Act of 1968, until 

certain publication requirements were 

met for each of these communities. 

The purpose of this notice is to seek 

general information and comment 

regarding the proposed regulatory flood 

elevations for the reach described by the 

downstream and upstream locations in 

the table below. The BFEs and modified 

BFEs are a part of the floodplain 

management measures that the 

community is required either to adopt 

or show evidence of having in effect in 

order to qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents, and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before October 6, 2009. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community are available for inspection 

at the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–1062, to 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151, or (e-mail) 

bill.blanton@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151, or (e-mail) 

bill.blanton@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) proposes and seeks comment 

on the Base (1% annual-chance) Flood 

Elevations (BFEs) and modified BFEs for 

each community listed below, in 

accordance with section 110 of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and 44 CFR 67.4(a). 

Those communities affected by this 

proposed rule are the City of St. Louis, 

St. Charles and St. Louis counties in 

Missouri; and Madison, Monroe, and St. 

Clair counties in Illinois. The 

communities addressed by this rule 

were the subject of an act of Congress 

which required the Federal Emergency 

Management Agency (FEMA) to delay 

the statutory appeals process required 

under 1363 of the National Flood 

Insurance Act of 1968, until certain 

publication requirements were met for 

each of the included communities. 

Specifically, the legislation stated, 

‘‘Until such time as preliminary flood 

insurance rate maps initiated prior to 

October 1, 2008 are completed and 

released for public review, preliminary 

base flood elevations are published in 

the Federal Register, and the second 

required local newspaper publication of 

such base flood elevations is made for 

the City of St. Louis, St. Charles and St. 

Louis counties in Missouri, and 

Madison, Monroe, and St. Clair counties 

in Illinois, the Administration shall not 

begin the statutory appeals process in 

such areas required under 1383 of the 

National Flood Insurance Act of 1968.’’ 

(Consolidated Security, Disaster 

Assistance, and Continuing 

Appropriations Act 2009, Pub. L. 110– 

329, Div. B, Sec. 10503, 122. Stat. 3574, 

3593 (2008)). In accordance with the 

intent of the legislation, FEMA intends 

to initiate concurrent appeal periods for 

these Missouri and Illinois 

communities. 

FEMA originally published BFEs for 

the affected Illinois communities in 

proposed rules in 2008. The proposed 

BFEs for Monroe and Madison counties 

published August 18, 2008, at 73 FR 

48170. The proposed BFEs for St. Clair 

County published September 3, 2008, at 

73 FR 51400. The proposed BFEs for 

Monroe, Madison, and St. Clair counties 

which published at 73 FR 48170 and 73 

FR 51400 are withdrawn and replaced 

by the proposed BFEs set forth below in 

this rule. FEMA received no comments 

on the proposed rules published at 73 

FR 48170 and 73 FR 51400. Only one 

minor change has been made in the 

proposed BFEs for these Illinois 

counties since the 2008 publications. In 

proposed rule 73 FR 48170 for Madison 

County, the existing BFE for the 

Mississippi River was listed as 403 feet 

using the North American Vertical 

Datum (NAVD). This was a 

typographical error and has been 

modified to reflect the correct existing 

BFE of 430 feet NAVD. This rule is the 

first publication of proposed BFEs for 

the affected Missouri counties. 

These proposed BFEs and modified 

BFEs, together with the floodplain 

management criteria required by 44 CFR 

60.3, are minimum requirements. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These proposed elevations are used to 

meet the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in these 

buildings. 

Comments on any aspect of the Flood 

Insurance Study and FIRM, other than 

the proposed BFEs, will be considered. 

A letter acknowledging receipt of any 

comments will not be sent. 

National Environmental Policy Act. 

This proposed rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

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