Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Environmental Protection Agency [EPA-R01-OW-2008-0921; FRL-8778-7]
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Notice of Determination.
 SUMMARY: The Regional Administrator of the Environmental Protection Agency—New England Region, has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the State waters of Revere, Saugus, Lynn, Nahant, and Swampscott.
 ADDRESSES: *Docket:*
                         All documents in the docket are listed in the 
                        *http://www.regulations.gov index.*
                         Although listed in the index, some information is not publicly available, 
                        *e.g.*, CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically in 
                        *http://www.regulations.gov*.
 FOR FURTHER INFORMATION CONTACT: Ann Rodney, U.S. Environmental Protection Agency—New England Region, One Congress Street, Suite 1100, COP, Boston, MA 02114-2023. Telephone: (617) 918-0538. Fax number: (617) 918-1505. E-mail address: 
                        *rodney.ann@epa.gov*.


SUPPLEMENTARY INFORMATION: On January 5, 2009, EPA published a notice that the Commonwealth of Massachusetts had petitioned the Regional Administrator, Environmental Protection Agency, to determine that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the State waters of Revere, Saugus, Lynn, Nahant, and Swampscott. Eighty-one comments were received on this petition. There were eighty comments in support of the designation and one comment in opposition. The response to comments can be obtained utilizing the above contact information. The petition was filed pursuant to Section 312(f)(3) of Public Law 92-500, as amended by Public Laws 95-217 and 100-4, for the purpose of declaring these waters a No Discharge Area (NDA). *Section 312(f)(3) States:* After the effective date of the initial standards and regulations promulgated under this section, if any State determines that the protection and enhancement of the quality of some or all of the waters within such States require greater environmental protection, such State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters, except that no such prohibition shall apply until the Administrator determines that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for such water to which such prohibition would apply. This Notice of Determination is for the State waters of Revere, Saugus, Lynn, Nahant, and Swampscott. The NDA boundaries are as follows:
                    ( print page 11548) Waterbody/general area
Latitude
LongitudeFrom the Revere and Winthrop municipal boundary (northern edge of the Boston Harbor NDA)
42°23′30′′ N
70°58′50′′ WNorth along the Revere and Winthrop municipal boundary (northern edge of the Boston Harbor NDA)
42°24′28′′ N
70°57′33′′ WArc south along the Winthrop and Nahant municipal boundary
42°23′13′′ N
70°55′28′′ WArc east along the Winthrop and Nahant municipal boundary
42°23′04′′ N
70°54′04′′ WArc northeast along the Winthrop and Nahant municipal boundary
42°23′32′′ N
70°51′28′′ WNorth to the Marblehead/Swampscott town line (southern edge of the Salem Sound NDA)
42°26′33′′ N
70°49′05′′ WWest along the Marblehead/Swampscott town line (southern edge of the Salem Sound NDA)
42°28′43′′ N
70°52′45′′ WInland on the Pines River, Rt. 107 Bridge
42°25′51.93′′ N
70°59′50.28′′ WInland on the Saugus River, Lincoln Ave. Bridge
42°27′34.7′′ N
70°59′20.6′′ W
 The information submitted to EPA by the Commonwealth of Massachusetts certifies that there are two pumpout facilities located within this area. A list of the facilities, with phone numbers, locations, and hours of operation is appended at the end of this determination. Based on the examination of the petition and its supporting documentation, EPA has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the area covered under this determination. This determination is made pursuant to Section 312(f)(3) of Public Law 92-500, as amended by Public Laws 95-217 and 100-4. Pumpout Facilities Within the No Discharge Areas
[Revere, Saugus, Lynn, Nahant, and Swampscott]
Name
Location
Contact info.
Hours
Mean low water depthSeaport Landing Marina
Lynn Harbor
781-592-5821 VHF 9,13,16
8am-7pm 
                             April 15-Nov. 1
20 ft.Revere Harbormaster
Revere
207-967-2511 VHF 9
On Call
NA.
 Dated: February 24, 2009. Ira W. Leighton, Acting Regional Administrator, New England Region.


[FR Doc. E9-5878 Filed 3-17-09; 8:45 am] BILLING CODE 6560-50-P