35838 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Proposed Rules 

3. Interested persons may submit 

initial comments on or before July 29, 

2009. 

4. The Commission will determine the 

need for reply comments after review of 

the initial comments. 

5. Diane Monaco is designated to 

serve as the Public Representative 

representing the interests of the general 

public in this proceeding. 

6. The Secretary shall arrange for 

publication of this notice in the Federal 

Register. 

Authority: 39 U.S.C. 3652. 

Issued: July 10, 2009. 

By the Commission. 

Judith M. Grady, 

Acting Secretary. 

[FR Doc. E9–17285 Filed 7–20–09; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0344; FRL–8932–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Reformulated Gasoline and Diesel 

Fuels; California; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects the 

preamble to a proposed rule published 

in the Federal Register on July 10, 2009, 

pertaining to revisions to reformulated 

gasoline and diesel fuels regulations for 

the State of California. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Buss, EPA Region IX, (415) 947– 

4152, buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: On July 

10, 2009 (74 FR 33196), EPA proposed 

to approve revisions to reformulated 

gasoline and diesel fuel regulations for 

the State of California. This document 

makes the following three corrections: 

1. The correct title for the July 10, 

2009 notice should read, ‘‘Approval and 

Promulgation of Air Quality 

Implementation Plans; Reformulated 

Gasoline and Diesel Fuels; California.’’ 

2. Section B. of the preamble entitled, 

‘‘What Should I Consider as I Prepare 

My Comments for EPA?’’ should be 

deleted. 

3. Section V. of the preamble, entitled 

‘‘Administrative Requirements,’’ should 

be replaced with the following: 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law.’’ 

Today’s correction does not otherwise 

change the remaining portions of the 

July 10, 2009 proposed rule. 

Dated: July 14, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–17259 Filed 7–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 404 

[Docket No. USCG–2009–0552] 

Great Lakes Pilotage Ratemaking 

Methodology 

AGENCY: Coast Guard, DHS. 

ACTION: Request for public comments. 

SUMMARY: The Coast Guard requests 

public comments on the adequacy of 

existing regulations that provide the 

methodology for reviewing and 

adjusting rates for pilots on the U.S. 

waters of the Great Lakes. The Coast 

Guard seeks these comments in order to 

obtain a better understanding of how 

well Great Lakes shippers, Great Lakes 

pilots, and the general public think 

those formulas represent the realities of 

commercial shipping on the Great Lakes 

and fairly balance competing 

considerations. The Coast Guard will 

refer the comments it receives to the 

Great Lakes Pilotage Advisory 

Committee for review and 

recommendations. 

DATES: Comments and related material 

must reach the Docket Management 

Facility on or before October 19, 2009 

for consideration. 

ADDRESSES: You may submit written 

comments identified by docket number 

USCG–2009–0552 using any one of the 

following: 

(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 four methods. Our online 


hsrobinson on PROD1PC76 with PROPOSALS-1
Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Proposed Rules 35839 

docket is available on the Internet at 

http://www.regulations.gov under 

docket number USCG–2009–0552. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning this 

notice, please call or e-mail Mr. Paul 

Eulitt, CG–54122, Coast Guard, 

telephone 202–372–1537, Coast Guard; 

e-mail Paul.W.Eulitt@uscg.mil. 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: 

Request for Comments 

We encourage you to submit 

comments and related material in 

response to this notice. We discuss why 

we seek comments, and suggest what 

your comments should cover, under 

‘‘Background and Purpose.’’ 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 notice (USCG–2009– 

0552). 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 

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– 

2009–0552’’ 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. We 

will consider all comments and material 

received during the comment period. 

Viewing comments: To view 

comments, go to http:// 

www.regulations.gov, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2009–0552 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. If you do not have 

access to the Internet, you may view the 

docket online by visiting 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. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act: Anyone can search the 

electronic form of 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). 

Background and Purpose 

This notice is issued pursuant to the 

authority granted to the Secretary of 

Homeland Security by the Great Lakes 

Pilotage Act of 1960 (‘‘the Act’’), 46 

U.S.C. Chapter 93 as amended, as 

delegated by the Secretary to the Coast 

Guard in Department of Homeland 

Security Delegation No. 0170.1. The Act 

requires foreign-flag vessels and U.S.- 

flag vessels engaged in foreign trade to 

use federally registered Great Lakes 

pilots while transiting the St. Lawrence 

Seaway and the Great Lakes system, and 

requires the Secretary to ‘‘prescribe by 

regulation rates and charges for pilotage 

services, giving consideration to the 

public interest and the costs of 

providing the services.’’ 46 U.S.C. 

9303(f). Coast Guard regulations 

implement the Act and can be found in 

46 CFR, parts 401 through 404. 

The Great Lakes pilotage regulations 

contain ratemaking formulas that we 

apply each year in reviewing rates and, 

if necessary, adjusting them. The 

formulas appear in appendices to 46 

CFR part 404. The final rule for our 

2009 rate review and adjustment 

appears elsewhere in today’s Federal 

Register, and you may consult it for 

more information about the ratemaking 

process. 

In past years, some commenters on 

our annual ratemakings have suggested 

we need to review our ratemaking 

formulas. Some of these commenters 

have implied the need for a general 

review, while others have focused on 

our definition of ‘‘bridge hours.’’ Bridge 

hours are a key component in 

determining the target rate of 

compensation that our ratemaking aims 

to provide for pilots, and currently are 

defined as ‘‘the number of hours a pilot 

is aboard a vessel providing pilotage 

service.’’ 46 CFR part 404, Appendix A, 

Step 2.B(1). Some commenters have 

suggested that the current definition is 

too narrow, in part because it does not 

include a pilot’s wait time due to vessel 

delays or detentions. 

At this time, there is no Coast Guard 

rulemaking project under way to revise 

our current Great Lakes pilotage 

regulations, and this notice is not an 

‘‘advance notice’’ of a proposed 

rulemaking nor does it indicate that 

such a rulemaking has been opened. 

However, we are interested in obtaining 

as comprehensive an idea as possible of 

the extent and nature of any objections 

to the current ratemaking formulas. We 

seek a better understanding of how well 

Great Lakes shippers, Great Lakes pilots, 

and the general public think those 

formulas fairly balance competing 

considerations and represent the 

realities of commercial shipping on the 

Great Lakes. Any comments we receive 

in response to this notice will be 

referred to the Great Lakes Pilotage 

Advisory Committee (GLPAC) for 

GLPAC’s review and recommendations. 

The Act established GLPAC to advise on 

significant actions or policy formulation 

affecting Great Lakes pilotage. 46 U.S.C. 

9307(d). 

If you would like to comment on our 

ratemaking formulas, we ask that, 

insofar as possible, you: 

• Tell us whether you are a member 

of the general public, an industry 

representative, or a pilot; 

• Tell us specifically what you like or 

dislike about the current formulas; and 

• Tell us exactly how you would 

revise our formulas to better serve 

industry, pilots, and the public—‘‘Write 

your own formula’’. 

Dated: July 13, 2009. 

Howard L. Hime, 

Acting Director of Commercial Regulations 

and Standards, U.S. Coast Guard. 

[FR Doc. E9–17228 Filed 7–20–09; 8:45 am] 

BILLING CODE 4910–15–P 


hsrobinson on PROD1PC76 with PROPOSALS-1