48654 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 

§ 40.25a Pipe tobacco and roll-your-own 

tobacco tax rates and classification. 

* * * * * 

(b) * * * 

(4) During the period from June 22, 

2009, through March 23, 2010, 

manufacturers may continue to remove 

products as pipe tobacco in packages 

that do not bear the declaration ‘‘pipe 

tobacco’’ in the manner prescribed in 

paragraph (b)(3)(i) of this section. 

■ 3. Section 40.216c is revised to read 

as follows: 

§ 40.216c Package use-up rule. 

(a) During the period from June 22, 

2009, through March 23, 2010, a 

manufacturer of tobacco products may 

remove packages of pipe tobacco or rollyour-own tobacco that do not meet the 

requirements of § 40.216a(a) or 

§ 40.216b(a), provided that such 

packages bear the designation ‘‘Tax 

Class L’’ (to designate pipe tobacco) or 

‘‘Tax Class J’’ (to designate roll-yourown tobacco) and were in use prior to 

June 22, 2009. 

(b) During the period from June 22, 

2009, through March 23, 2010, a 

manufacturer may remove roll-yourown tobacco for which the applicable 

designation is ‘‘cigar tobacco,’’ 

‘‘cigarette wrapper,’’ or ‘‘cigar wrapper’’ 

even if the packages of such products do 

not meet the requirements of § 40.216b. 

PART 41—IMPORTATION OF 

TOBACCO PRODUCTS, CIGARETTE 

PAPERS AND TUBES, AND 

PROCESSED TOBACCO 

■ 4. The authority citation for part 41 

continues to read as follows: 

Authority: 26 U.S.C. 5701–5705, 5708, 

5712, 5713, 5721–5723, 5741, 5754, 5761– 

5763, 6301, 6302, 6313, 6402, 6404, 7101, 

7212, 7342, 7606, 7651, 7652, 7805; 31 U.S.C. 

9301, 9303, 9304, 9306. 

■ 5. In § 41.30, paragraph (b)(3) is 

amended by removing the words ‘‘Any 

tobacco’’ and adding, in their place, the 

words ‘‘Subject to paragraph (b)(4) of 

this section, any tobacco’’, and a new 

paragraph (b)(4) is added to read as 

follows: 

§ 41.30 Pipe tobacco and roll-your-own 

tobacco. 

* * * * * 

(b) * * * 

(4) During the period from June 22, 

2009, through March 23, 2010, 

importers may continue to remove 

products as pipe tobacco in packages 

that do not bear the declaration ‘‘pipe 

tobacco’’ in the manner prescribed in 

paragraph (b)(3)(i) of this section. 

■ 6. Section 41.72c is revised to read as 

follows: 

§ 41.72c Package use-up rule. 

(a) During the period from June 22, 

2009, through March 23, 2010, an 

importer of tobacco products may 

remove packages of pipe tobacco or rollyour-own tobacco that do not meet the 

requirements of § 41.72a(a) or 

§ 41.72b(a), provided that such packages 

bear the designation ‘‘Tax Class L’’ (to 

designate pipe tobacco) or ‘‘Tax Class J’’ 

(to designate roll-your-own tobacco) and 

were in use prior to June 22, 2009. 

(b) During the period from June 22, 

2009, through March 23, 2010, an 

importer may remove roll-your-own 

tobacco for which the applicable 

designation is ‘‘cigar tobacco,’’ 

‘‘cigarette wrapper,’’ or ‘‘cigar wrapper’’ 

even if the packages of such products do 

not meet the requirements of § 41.72b. 

■ 7. In § 41.81, paragraphs (c)(6) and 

(c)(7) are revised to read as follows: 

§ 41.81 Taxpayment. 

* * * * * 

(c) * * * 

(6) For pipe tobacco: The importer 

will show the designation ‘‘pipe 

tobacco’’, the number of pounds and 

ounces, the rate of tax, and the tax due. 

(7) For roll-your-own tobacco: The 

importer will show the designation 

‘‘roll-your-own tobacco’’ or any other 

acceptable designation (‘‘cigarette 

tobacco’’, ‘‘cigarette wrapper’’, ‘‘cigar 

tobacco’’, or ‘‘cigar wrapper’’), the 

number of pounds and ounces, the rate 

of tax, and the tax due. 

* * * * * 

PART 45—REMOVAL OF TOBACCO 

PRODUCTS AND CIGARETTE PAPERS 

AND TUBES, WITHOUT PAYMENT OF 

TAX, FOR USE OF THE UNITED 

STATES 

■ 8. The authority citation for part 45 

continues to read as follows: 

Authority: 26 U.S.C. 5702–5705, 5723, 

5741, 5751, 5762, 5763, 6313, 7212, 7342, 

7606, 7805; 44 U.S.C. 3504(h). 

■ 9. Section 45.45c is revised to read as 

follows: 

§ 45.45c Package use-up rule. 

(a) During the period from June 22, 

2009, through March 23, 2010, a 

manufacturer of tobacco products may 

remove packages of pipe tobacco or rollyour-own tobacco that do not meet the 

requirements of § 45.45a(a) or 

§ 45.45b(a), provided that such packages 

bear the designation ‘‘Tax Class L’’ (to 

designate pipe tobacco) or ‘‘Tax Class J’’ 

(to designate roll-your-own tobacco)) 

and were in use prior to June 22, 2009. 

(b) During the period from June 22, 

2009, through March 23, 2010, a 

manufacturer may remove roll-yourown tobacco for which the applicable 

designation is ‘‘cigar tobacco,’’ 

‘‘cigarette wrapper,’’ or ‘‘cigar wrapper’’ 

even if the packages of such products do 

not meet the requirements of § 45.45b. 

Signed: August 23, 2009. 

John J. Manfreda, 

Administrator. 

Approved: September 4, 2009. 

Timothy E. Skud, 

Deputy Assistant Secretary, Tax, Trade, and 

Tariff Policy. 

[FR Doc. E9–23180 Filed 9–23–09; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0755] 

RIN 1625–AA00 

Safety Zone: Robert Moses Causeway 

Bridge State Boat Channel, Captree, 

NY 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the waters of the State Boat Channel 

surrounding the Robert Moses 

Causeway located in Captree, New York 

due to ongoing construction. This rule 

is necessary to protect vessels transiting 

the area from hazards imposed by 

construction barges and equipment; 

entry into this zone is prohibited unless 

authorized by the Captain of the Port 

Long Island Sound, New Haven, CT. 

DATES: This interim rule is effective 

from September 24, 2009 until May 

28th, 2010. The safety zone has been 

enforced with actual notice since 

September 8, 2009. Comments and 

related material must reach the Coast 

Guard on or before November 9, 2009. 

Requests for public meetings must be 

received by the Coast Guard on or before 

October 1, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0755 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 48655 

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. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this interim rule, 

call or e-mail, Chief Petty Officer 

Christie Dixon, Waterways 

Management, Coast Guard Sector Long 

Island Sound: telephone 203–468–4459, 

e-mail Christie.M.Dixon@uscg.mil. If 

you have questions on viewing 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. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0755), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. 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, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2009–0755’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 8c by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments 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 and may change 

this rule based on your comments. 

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, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

0755’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit 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 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 on or before October 1, 2009, 

using one of the four methods specified 

under ADDRESSES. Please explain why 

you believe a public meeting 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. 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

public meeting, contact Chief Petty 

Officer Christie Dixon, Waterways 

Management, Coast Guard Sector Long 

Island Sound at the telephone number 

or e-mail address indicated under the 

FOR FURTHER INFORMATION CONTACT

section of this notice. 

Regulatory Information 

The Coast Guard is issuing this 

interim rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

insufficient time exists prior to the 

beginning of construction to allow for a 

full notice and comment period. 

Further, any delay encountered in this 

regulation’s effective date would be 

contrary to the public’s interest as 

immediate action is needed to ensure 

the safety of vessels transiting in the 

State Boat Channel in the vicinity of the 

Robert Moses Causeway Bridge during 

construction. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. A delay or cancellation of this 

ongoing construction project is not in 

the public interest and would further 

disrupt the flow of vehicular and 

maritime traffic. In addition, this safety 

zone is necessary to ensure the 

continued safety of the maritime public 

and construction workers throughout 

the completion of this essential repair 

project. 

Background and Purpose 

The New York Department of 

Transportation has been rehabilitating 

portions of the Robert Moses Causeway 

Bridge and recently determined that 

additional work is needed and will be 

rehabilitating the northbound section of 

the Robert Moses Causeway Bridge 

located over the State Boat Channel in 

Captree, NY beginning on September 

8th, 2009. These repairs are needed to 

ensure the continued safe operation of 

the bridge when being raised to 

accommodate vessel traffic. To complete 

the repairs on the bridge, construction 

barges will need to block the waterway 

throughout the course of the 

rehabilitation project. To ensure the 


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48656 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 

continued safety of the boating 

community and the construction 

workers during the completion of this 

project, the Coast Guard is establishing 

a safety zone on the navigable waters of 

the State Boat Channel within 100-yards 

to either side of the Robert Moses 

Causeway Bridge. This safety zone is 

necessary to protect boaters from the 

hazards posed by construction 

equipment located on the waterway 

during the rehabilitation work and to 

protect the construction workers from 

the dangers caused by vessels and vessel 

wake near the barges. Vessels may 

utilize the Great South Bay or Jones 

Inlet as an alternative route to using the 

State Boat Channel, allowing vessels to 

avoid the safety zone and construction 

while adding minimal additional transit 

time. Marine traffic may also transit 

outside of the established safety zone 

during the effective dates thus allowing 

navigation to continue in all other areas 

of the State Boat Channel, except the 

portion delineated by this rule. 

Discussion of Rule 

This regulation establishes a 

temporary safety zone on the State Boat 

Channel within 100-yards to either side 

of the Robert Moses Causeway Bridge. 

This action is intended to prohibit all 

vessels from entering the designated 

portion of the State Boat Channel unless 

prior permission has been received from 

the Captain of the Port Long Island 

Sound. 

The effective period of this safety 

zone is from September 8th, 2009 

through May 28th, 2010, inclusive. 

Entry into this zone during the effective 

period is prohibited unless authorized 

by the Captain of the Port Long Island 

Sound. If construction is completed and 

the barges are removed prior to May 

28th, 2010, the safety zone will no 

longer be enforced and the Coast Guard 

will advise the public of the 

cancellation of the safety zone through 

marine information broadcasts and local 

notice to mariners. 

Any violation of the safety zone 

described herein is punishable by, 

among other things, civil and criminal 

penalties, in rem liability against the 

offending vessel, and the initiation of 

suspension or revocation proceedings 

against Coast Guard-issued merchant 

mariner credentials. 

Regulatory Analyses 

We developed this 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 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 regulation may have some 

impact on the public, but the potential 

impact will be minimized for the 

following reasons: Vessels may transit 

in all areas of the State Boat Channel 

other than the area of the safety zone, 

and may utilize other routes to transit 

around the safety zone and construction 

with minimally increased transit time. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this 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 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit in those 

portions of the State Boat Channel that 

are covered by the safety zone. For the 

reasons outlined in the Regulatory 

Evaluation section above, this rule will 

not have a significant impact on a 

substantial number of small entities. 

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 subsection 213(a) of the Small 

Business Regulatory Enforcement 

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

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. Small 

businesses may send comments on the 

actions of Federal employees who 

enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls 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 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 rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 


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Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 48657 

Taking of Private Property 

This rule will 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 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 rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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 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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 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 concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

establishes a safety zone and therefore 

falls under the categorical exclusion in 

paragraph (34)(g). An environmental 

analysis checklist and a categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 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; 

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

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0755 to read as 

follows: 

§ 165.T01–0755 Safety Zone: Robert 

Moses Causeway Bridge State Boat 

Channel, Captree, New York. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Federal channel on the State Boat 

Channel in Captree, NY, from surface to 

bottom, within 100 yards to either side 

of the Robert Moses Causeway Bridge. 

(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) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. 

(2) In accordance with the general 

regulations in § 165.23 of this part, entry 

into or movement within this zone is 

prohibited unless authorized by the 

Captain of the Port Long Island Sound. 

(3) All persons and vessels must 

comply with the Coast Guard Captain of 

the Port or the designated on-scene 

patrol personnel. 

(4) 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. 

(5) Persons and vessels may request 

permission to enter the zone on VHF– 

16 or via phone at (203) 468–4401. 

(d) Effective period. This rule is 

effective from September 8th, 2009, 

through May 28th, 2010, inclusive. 

Dated: September 4, 2009. 

Kevin C. Burke, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Long Island Sound. 

[FR Doc. E9–22981 Filed 9–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 36 

RIN 2900–AN26 

Loan Guaranty: Assistance to Eligible 

Individuals in Acquiring Specially 

Adapted Housing; Cost-ofConstruction Index 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Department of Veterans Affairs’ (VA’s) 

Loan Guaranty regulations concerning 

assistance to eligible individuals in 

acquiring specially adapted housing. 

This final rule implements provisions of 

the Housing and Economic Recovery 

Act of 2008, which authorized VA to 

provide for automatic annual increases 

in the dollar amounts available to 

certain Specially Adapted Housing grant 

recipients. 

DATES: Effective Date: October 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Faliski, Assistant Director for 

Loan Policy and Valuation, Loan 

Guaranty Service (26), Veterans Benefits 


cprice-sewell on DSK2BSOYB1PROD with RULES