Approval and Promulgation of State Implementation Plans; State of Colorado; Revisions to the Denver Emergency Episode Plan, 47910-47911 [E9-22281]
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47910
Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules
actions which do not individually or
cumulatively have a significant effect on
the human environment. This rule
involves changing the size of anchorage
grounds resulting in a reduction in the
overall size of the anchorage area. 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 110
Anchorage grounds.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 110 as follows:
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through
1236, 2030, 2035, 2071; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Amend § 110.155, by revising
paragraph (c)(5) to read as follows:
§ 110.155
Port of New York.
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(c) * * *
(5) Anchorages No. 19 East and 19
West.
(i) Anchorage No. 19 East. All waters
of the Hudson River bound by the
following points: 40°49′42.6″ N,
073°57′14.7″ W; thence to 40°49′45.9″ N,
073°57′22.0″ W; thence to 40°49′52.0″ N,
073°57′22.0″ W; thence to 40°50′08.3″ N,
073°57′10.8″ W; thence to 40°50′55.4″ N,
073°56′59.7″ W; thence to 40°51′02.5″ N,
073°56′57.4″ W; thence to 40°51′00.8″ N,
073°56′49.4″ W; thence along the
shoreline to the point of origin (NAD
83).
(ii) Anchorage No. 19 West. All waters
of the Hudson River bound by the
following points: 40°46′56.3″ N,
073°59′42.2″ W; thence to 40°47′36.9″ N,
073°59′11.7″ W; thence to 40°49′31.3″ N,
073°57′43.8″ W; thence to 40°49′40.2″ N,
073°57′37.6″ W; thence to 40°49′52.4″ N,
073°57′37.6″ W; thence to 40°49′57.7″ N,
073°57′47.3″ W; thence to 40°49′32.2″ N,
073°58′12.9″ W; thence to 40°49′00.7″ N,
073°58′33.1″ W; thence to 40°48′28.7″ N,
073°58′53.8″ W; thence to 40°47′38.2″ N,
073°59′31.2″ W; thence to 40°47′02.7″ N,
073°59′57.4″ W; thence to the point of
origin.
(iii) The following regulations apply
to 33 CFR 110.155(c)(5)(i) and (ii):
(A) No vessel may conduct lightering
operations in these anchorage grounds
without permission from the Captain of
the Port. When lightering is authorized,
the Captain of the Port New York must
be notified at least four hours in
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15:09 Sep 17, 2009
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advance of a vessel conducting
lightering operations as required by
§ 156.118 of this title.
(B) Any vessel conducting lightering
or bunkering operations shall display by
day a red flag (Pub 102; International
Code of Signals; signaling instructions)
at its mast head or at least 10 feet above
the upper deck if the vessel has no mast,
and by night the flag must be
illuminated by spotlight. These signals
shall be in addition to day signals, lights
and whistle signals as required by rules
30 (33 U.S.C. 2030) and 35 (33 U.S.C.
2035) of the Inland Navigation Rules
when at anchor in a general anchorage
area.
(C) Within an anchorage, fishing and
navigation are prohibited within 500
yards of an anchored vessel displaying
a red flag by day or a red light by night.
(D) These anchorage grounds are only
authorized for use by tugs and/or barges.
(E) No vessel may occupy this
anchorage ground for a period of time in
excess of 96 hours without prior
approval of the Captain of the Port.
(F) All coordinates referenced use
datum: NAD 83.
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Dated: July 23, 2009.
Dale G. Gabel,
Rear Admiral, U.S. Coast Guard Commander,
First Coast Guard District.
[FR Doc. E9–22457 Filed 9–17–09; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2005–0463; FRL–8957–2]
Approval and Promulgation of State
Implementation Plans; State of
Colorado; Revisions to the Denver
Emergency Episode Plan
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
State Implementation Plan (SIP)
revisions to the Denver Emergency
Episode Plan submitted by the State of
Colorado on September 16, 1997. EPA
has determined that the Denver
Emergency Episode Plan revisions meet
the requirements for the prevention of
air pollution emergency episodes with
ambient concentrations of air pollutants
that may endanger public health and
welfare. In the ‘‘Rules and Regulations’’
section of this Federal Register, EPA is
approving the State’s SIP revision as a
direct final rule without prior proposal
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because the Agency views this as a noncontroversial SIP revision and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the preamble to the direct final
rule. If EPA receives no adverse
comments, EPA will not take further
action on this proposed rule. If EPA
receives adverse comments, EPA will
withdraw the direct final rule and it will
not take effect. EPA will address all
public comments in a subsequent final
rule based on this proposed rule. EPA
will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
DATES: Written comments must be
received on or before October 19, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2005–0463, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: videtich.callie@epa.gov and
mastrangelo.domenico@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Callie Videtich, Director, Air
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop, Denver, Colorado
80202–1129.
• Hand Delivery: Callie Videtich,
Director, Air Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop,
Denver, Colorado 80202–1129. Such
deliveries are only accepted Monday
through Friday, 8 a.m. to 4:30 p.m.,
excluding Federal holidays. Special
arrangements should be made for
deliveries of boxed information.
Please see the direct final rule which is
located in the Rules section of this
Federal Register for detailed instruction
on how to submit comments.
FOR FURTHER INFORMATION CONTACT:
Domenico Mastrangelo, Air Program,
U.S. Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop, Denver, Colorado 80202–
1129, (303) 312–6436,
mastrangelo.domenico@epa.gov.
See the
information provided in the Direct Final
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Proposed Rules
action of the same title which is located
in the Rules and Regulations section of
this Federal Register.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 4, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E9–22281 Filed 9–17–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 367
[Docket No. FMCSA–2009–0231]
RIN–2126–AB19
Fees for the Unified Carrier
Registration Plan and Agreement
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AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of Proposed Rulemaking;
extension of comment period.
SUMMARY: FMCSA extends the time for
submitting comments for an additional
ten days in response to the notice of
proposed rulemaking (NPRM) proposing
fees for the Unified Carrier Registration
Plan and Agreement published on
September 3, 2009. The FMCSA
received a request to extend the
comment period from the five industry
representatives on the Board of
Directors of the Unified Carrier
Registration Agreement (Board), which
was supported by several other
interested parties. The extension of the
comment period will allow all
interested parties additional time to
submit comments to the proposed rule.
DATES: The comment period for the
proposed rule published September 3,
2009 (74 FR 45583) is extended.
Comments must be received on or
before September 28, 2009.
ADDRESSES: You may submit comments,
identified by docket number FMCSA–
2009–0231 and/or RIN 2126–AB19, by
any of the following methods—Internet,
facsimile, regular mail, or hand-deliver.
Federal eRulemaking Portal: Federal
Docket Management System (FDMS)
Web site at https://www.regulations.gov.
The FDMS is the preferred method for
submitting comments, and we urge you
to use it. In the ‘‘Comment’’ or
‘‘Submission’’ section, type Docket ID
Number ‘‘FMCSA–2009–0231’’, select
‘‘Go’’, and then click on ‘‘Send a
Comment or Submission.’’ You will
receive a tracking number when you
submit a comment.
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15:09 Sep 17, 2009
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Fax: 1–202–493–2251.
Mail, Courier, or Hand-Deliver: U.S.
Department of Transportation, Docket
Operations (M–30), West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590. Office hours are between 9
a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays.
Docket: Comments and material
received from the public, as well as
background information and documents
mentioned in this preamble, are part of
docket FMCSA–2009–0231, and are
available for inspection and copying on
the Internet at https://
www.regulations.gov. You may also
view and copy documents at the U.S.
Department of Transportation’s Docket
Operations Unit, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC.
Privacy Act: All comments will be
posted without change including any
personal information provided to the
FDMS at https://www.regulations.gov.
Anyone can search the electronic form
of all our dockets in FDMS, by the name
of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc). The
Department of Transportation’s (DOT)
complete Privacy Act Statement was
published in the Federal Register on
April 11, 2000 (65 FR 19476), and can
be viewed at https://docketsinfo.dot.gov.
Comments received after the comment
closing date will be included in the
docket, and we will consider late
comments to the extent practicable.
FMCSA may, however, issue a final rule
at any time after the close of the
comment period.
FOR FURTHER INFORMATION CONTACT: Ms.
Julie Otto, Office of Enforcement and
Program Delivery, (202) 366–0710,
FMCSA, Department of Transportation,
1200 New Jersey Ave., SE., Washington,
DC 20590 or by e-mail at:
FMCSAregs@dot.gov.
SUPPLEMENTARY INFORMATION:
On September 8, 2009, the five
industry representatives on the Board of
Directors of the Unified Carrier
Registration Agreement sent a request
on behalf of themselves and their
respective organizations including the
American Trucking Associations, the
National Private Trucking Council, the
Owner Operator Independent Drivers
Association, the Transportation
Intermediaries Association, and
Walmart for an extension of the
comment period in the subject
rulemaking proceeding.
Requests for extension of time to
comment in a rulemaking proceeding
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47911
before FMCSA are governed by the
provisions of 49 CFR 389.19. Extensions
require a showing of good cause, and are
granted if consistent with the public
interest.
Petitioners contend that the agency is
required to provide an extension
because of the provisions of Executive
Order No. 12866, 58 FR 51733 (Oct. 4,
1993), as amended by Executive Order
No. 13258, 67 FR 9383 (Feb. 28, 2002).
Section 6 of E.O. 12866 provides that:
Each agency shall (consistent with its own
rules, regulations, or procedures) provide the
public with meaningful participation in the
regulatory process. In particular, before
issuing a notice of proposed rulemaking,
each agency should, where appropriate, seek
the involvement of those who are intended
to benefit from and those expected to be
burdened by any regulation (including,
specifically, State, local, and tribal officials).
In addition, each agency should afford the
public a meaningful opportunity to comment
on any proposed regulation, which in most
cases should include a comment period of
not less than 60 days.
In this matter, after the Board
submitted its initial proposal for an
adjustment of the UCR fees on April 3,
2009, FMCSA’s designated member of
the Board responded by conducting a
telephone conference on April 23 with
the Board’s chairman and the chairman
of Board’s revenue and fees
subcommittee to discuss several issues
presented by the proposal. Those issues
were explained in more detail in a
written set of questions to the Board
transmitted immediately after the
conference.
Over the next few months, in the
course of public meetings of the board
of directors in May 14, June 16 and 17,
and July 9, the issues raised by FMCSA
were discussed. At its June meeting, the
Board voted by a majority to reconsider
the proposal submitted on April 3. The
revenue and fees subcommittee of the
Board, which has members from the
motor carrier industry, met thereafter to
consider alternative proposals that
might address the issues raised by
FMCSA. Two such proposals to replace
the April 3 proposal were put to a vote
by the Board at its meeting on July 9;
both proposals failed to be adopted
because of a tie vote among the
members of the Board present and
voting. On July 15, the Board submitted
a letter advising the agency of these
facts and, in effect, requesting FMCSA
to proceed with the rulemaking
proceeding contemplated by 49 U.S.C.
14504a(d)(7). As indicated in that letter,
the Board and FMCSA both consider
that the 90-day statutory time period for
completion of the proceeding
commenced on July 15. Petitioners’
E:\FR\FM\18SEP1.SGM
18SEP1
Agencies
[Federal Register Volume 74, Number 180 (Friday, September 18, 2009)]
[Proposed Rules]
[Pages 47910-47911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22281]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2005-0463; FRL-8957-2]
Approval and Promulgation of State Implementation Plans; State of
Colorado; Revisions to the Denver Emergency Episode Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve State Implementation Plan (SIP)
revisions to the Denver Emergency Episode Plan submitted by the State
of Colorado on September 16, 1997. EPA has determined that the Denver
Emergency Episode Plan revisions meet the requirements for the
prevention of air pollution emergency episodes with ambient
concentrations of air pollutants that may endanger public health and
welfare. In the ``Rules and Regulations'' section of this Federal
Register, EPA is approving the State's SIP revision as a direct final
rule without prior proposal because the Agency views this as a non-
controversial SIP revision and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the preamble to the
direct final rule. If EPA receives no adverse comments, EPA will not
take further action on this proposed rule. If EPA receives adverse
comments, EPA will withdraw the direct final rule and it will not take
effect. EPA will address all public comments in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
DATES: Written comments must be received on or before October 19, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2005-0463, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: videtich.callie@epa.gov and
mastrangelo.domenico@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Callie Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129.
Hand Delivery: Callie Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129. Such deliveries are only accepted
Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays.
Special arrangements should be made for deliveries of boxed
information.
Please see the direct final rule which is located in the Rules section
of this Federal Register for detailed instruction on how to submit
comments.
FOR FURTHER INFORMATION CONTACT: Domenico Mastrangelo, Air Program,
U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6436,
mastrangelo.domenico@epa.gov.
SUPPLEMENTARY INFORMATION: See the information provided in the Direct
Final
[[Page 47911]]
action of the same title which is located in the Rules and Regulations
section of this Federal Register.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 4, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E9-22281 Filed 9-17-09; 8:45 am]
BILLING CODE 6560-50-P