Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Proposed Rules 35837 

1Petition of the United States Postal Service 

Requesting Initiation of a Proceeding to Consider 

Proposed Change in Analytic Principles (Proposal 

Two), July 7, 2009 (Petition). 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add § 100.125 to read as follows: 

§ 100.125 Swim Across the Sound, Long 

Island Sound, Port Jefferson, NY to 

Captain’s Cove Seaport, Bridgeport, CT. 

(a) Regulated area. All navigable 

waters of Long Island Sound within 100 

yards of the swim event race course 

consisting of the following points: 

Starting Point at Port Jefferson Beach at 

approximate position 40°58′11.71′′ N, 

073°05′51.12′′ W, north-westerly to the 

finishing point at Captain’s Cove 

Seaport at approximate location 

41°09′25.07′′ N, 073°12′47.82′′ W. 

(b) Definitions. The following 

definition applies to this section: 

Designated On-scene Patrol Personnel, 

means any commissioned, warrant and 

petty officers of the U.S. Coast Guard 

operating Coast Guard vessels who have 

been authorized to act on the behalf of 

the Captain of the Port Long Island 

Sound. 

(c) Special local regulations. (1) No 

person or vessel may approach or 

remain within 100 yards of any 

swimmer within the regulated area 

during the enforcement period of this 

regulation unless they are officially 

participating in the Swim Across the 

Sound event or are otherwise authorized 

by the Captain of the Port Long Island 

Sound or by Designated On-scene Patrol 

Personnel. 

(2) All persons and vessels must 

comply with the instructions from the 

Coast Guard Captain of the Port or the 

Designated On-scene Patrol Personnel. 

The Designated On-scene Patrol 

Personnel may delay, modify, or cancel 

the swim event as conditions or 

circumstances require. 

(3) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel must proceed as directed. 

(4) Persons and vessels desiring to 

enter the regulated area within 100 

yards of a swimmer may request 

permission to enter from the designated 

on scene patrol personnel by contacting 

them on VHF–16 or by a request to the 

Captain of the Port Long Island Sound 

via phone at (203) 468–4401. 

(d) Enforcement Period. This rule is 

enforced annually on a date in August. 

Notification of the specific date and 

enforcement of the special local 

regulation will be made via Notice in 

the Federal Register, marine broadcasts 

and local Notice to Mariners. 

Dated: June 17, 2009. 

Daniel A. Ronan, 

Captain, U.S. Coast Guard, Captain of the 

Port Long Island Sound. 

[FR Doc. E9–17244 Filed 7–20–09; 8:45 am] 

BILLING CODE 4910–15–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3050 

[Docket No. RM2009–7; Order No. 245] 

Periodic Reporting Rules 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rule; availability of 

rulemaking petition. 

SUMMARY: Under a new law, the Postal 

Service must file an annual compliance 

report with the Postal Regulatory 

Commission on costs, revenues, rates 

and quality of service associated with its 

products. This document notes that the 

Postal Service has filed a petition for 

consideration of a proposed change in 

analytical methods approved for use in 

periodic reporting. The focus of this 

petition (involving an issue referred to 

as Proposal Two) is on the Postal 

Service’s development of revenue, piece 

and weight estimates for bulk mail 

categories. The Commission has 

established a docket for consideration of 

Proposal Two and has addressed 

preliminary procedural matters, 

including an opportunity for public 

comment. Proposal One is under 

consideration in a pending docket. 

DATES: Deadline for initial comments: 

July 29, 2009. 

ADDRESSES: File comments 

electronically via the Commission’s 

Filing Online system. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6829 or 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory History, 74 FR 31386 (July 

1, 2009). 

On July 7, 2009, the Postal Service 

filed a petition to initiate an informal 

rulemaking proceeding to consider a 

change in the analytical methods 

approved for use in periodic reporting.1

The Petition explains that the Postal 

Service’s current practice is to combine 

data from two sources to fashion 

Revenue, Pieces, and Weight (RPW) 

estimates for the various categories of 

bulk mail. It combines census data 

recorded by its PostalOne! system 

(which reflects automated office 

activity) with data found on postage 

statements that are taken from a 

probability sample of non-automated 

offices. It notes that the sample data 

taken from non-automated offices are 

becoming less reliable as the pool of 

non-automated offices shrinks and the 

sample frames for that pool become 

increasingly dated. It also notes that the 

sampling process is more expensive 

than the modeling process that it 

proposes. 

The Postal Service proposes to 

discontinue sampling non-automated 

offices when preparing its RPW 

estimates. In place of the current nonautomated office sample, it proposes to 

take the universe of offices, and stratify 

it according to size. It will then impute 

the incidence of mail characteristics for 

a given product found in automated 

offices in a particular size stratum, as 

reflected in PostalOne! data, to the 

characteristics of products found in 

non-automated offices in the same size 

stratum. The Postal Service calls this its 

‘‘modeling’’ approach. Petition at 1–2. 

The Petition, which is available on 

the Commission’s Web site, http:// 

www.prc.gov, includes appendices 

purporting to show the results of testing 

the accuracy of its modeling approach 

in estimating revenue, pieces, and 

weight with respect to all market 

dominant bulk mail categories. The 

Postal Service concludes that the results 

are accurate for all categories except for 

Within County Periodicals. Even with 

respect to Within County Periodicals, it 

asserts that the modeled results are 

more accurate than the current approach 

which employs data gathered from a 

sample of non-automated offices. Id. at 

2 and Attachment at 2. 

The attachment and the appendices to 

the Postal Service’s Petition explain its 

proposal in more detail, including its 

background, objective, rationale, and 

estimated impact. 

It is ordered: 

1. Petition of the United States Postal 

Service Requesting Initiation of a 

Proceeding to Consider Proposed 

Change in Analytic Principles (Proposal 

Two), filed July 7, 2009, is granted. 

2. The Commission establishes Docket 

No. RM2009–7 to consider the matters 

raised by the Postal Service’s Petition. 


hsrobinson on PROD1PC76 with PROPOSALS-1
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