Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 51779 

will also be enforced on October 12, 

2009, from 12:30 p.m. to 5 p.m. The 

regulations in 33 CFR 100.1105(b)(1), 

regulated area ‘‘Alpha’’ for Navy Parade 

of Ships, will be enforced from 10:30 

a.m. to 1 p.m. on October 10, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Junior Grade Simone Mausz, 

Waterways Safety Branch, U.S. Coast 

Guard Sector San Francisco, at (415) 

399–7443; e-mail 

simone.mausz@uscg.mil, or the Sector 

San Francisco Command Center, at 

(415) 399–3547. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation for the annual San Francisco 

Bay Navy Fleet Week Parade of Ships 

and Blue Angels Demonstration in 33 

CFR 100.1105; the Navy Parade of Ships 

will be enforced from 10:30 a.m. to 1 

p.m. on October 10, 2009; and the U.S. 

Navy Blue Angels Activities will be 

enforced from 12:30 p.m. to 5 p.m. on 

October 8, 2009 through October 12, 

2009. If the U.S. Navy Blue Angels 

Activities are delayed by inclement 

weather, the regulation will also be 

enforced on October 12, 2009, from 

12:30 p.m. to 5 p.m. These regulations 

can also be found in the October 1, 

1993, issue of the Federal Register 58 

FR 51242. Under the provisions of 33 

CFR 100.1105 a vessel may not enter the 

regulated area, unless it receives 

permission from the COTP. 

Additionally, no person or vessel may 

enter or remain within 500 yards ahead 

of the lead Navy parade vessel, within 

200 yards astern of the last parade 

vessel, and within 200 yards on either 

side of all parade vessels. No person or 

vessel shall anchor, block, loiter in, or 

impede the transit of ship parade 

participants or official patrol vessels. 

When hailed by U.S. Coast Guard patrol 

personnel by siren, radio, flashing light, 

or other means, a person or vessel shall 

come to an immediate stop. Persons or 

vessels shall comply with all directions 

given. The Coast Guard may be assisted 

by other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

This notice is issued under authority 

of 33 CFR 100.1105 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with extensive 

advance notification of this enforcement 

period via the Local Notice to Mariners, 

and Broadcast Notice to Mariners. 

Dated: September 11, 2009. 

P.M. Gugg, 

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

Port, San Francisco. 

[FR Doc. E9–24319 Filed 10–7–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2009–0045] 

RIN 1625–AA01 

Anchorage Regulations; Port of New 

York 

AGENCY: Coast Guard, DHS. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This document confirms that 

the direct final rule entitled ‘‘Anchorage 

Regulations; Port of New York,’’ 

published July 1, 2009, in the Federal 

Register (74 FR 31354), became effective 

September 29, 2009. 

DATES: The effective date of the direct 

final rule published July 1, 2009 (74 FR 

31354), is confirmed as September 29, 

2009. 

ADDRESSES: The docket for this 

rulemaking, USCG–2009–0045, is 

available for inspection or copying at 

the 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, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–2009–0045 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rulemaking, 

call or e-mail Mr. Jeff Yunker, 

Waterways Management Division, Coast 

Guard, telephone 718–354–4195, e-mail 

Jeff.M.Yunker@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

On July 1, 2009, we published a direct 

final rule entitled ‘‘Anchorage 

Regulations; Port of New York’’ in the 

Federal Register (74 FR 31354). That 

direct final rule revised the southern 

boundary of Anchorage Ground No. 20– 

F such that it no longer interferes with 

the expanded Port Jersey Federal 

Channel, removing authorization for 

vessels to mistakenly anchor within a 

Federal Channel, and therefore 

removing this hazardous condition for 

vessels navigating in this area. 

Additionally, the direct final rule 

updated two geographic coordinates 

that make up the northern boundary. 

The physical location of these points is 

unchanged; however slight changes in 

the coordinates reflect the update to 

datum NAD 83. 

In the direct final rule we notified the 

public of our intent to make the rule 

effective on September 29, 2009, unless 

an adverse comment, or notice of intent 

to submit an adverse comment, was 

received on or before August 31, 2009. 

We did not receive any comments or 

notices of intent to submit an adverse 

comment on that rule. Therefore, under 

33 CFR 1.05–55(d), we now confirm that 

the ‘‘Anchorage Regulations; Port of 

New York’’ rule became effective, as 

scheduled, on September 29, 2009. 

Dated: September 29, 2009. 

Joseph L. Nimmich, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. E9–24318 Filed 10–7–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2008–1232] 

RIN 1625–AA01 

Anchorages; New and Revised 

Anchorages in the Captain of the Port 

Portland, OR, Area of Responsibility 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a new anchorage, 

modifying existing anchorages, and 

revising the regulations governing 

anchorages in the Captain of the Port 

Portland, Oregon, area of responsibility. 

These changes are necessary to ensure 

that there are sufficient anchorage 

opportunities in that area, and to clarify 

the locations of those anchorage 

opportunities. In addition, the changes 

will help prevent conflicts with 

navigable channels and other uses of 

anchorage waters. 

DATES: This rule is effective November 

9, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–1232 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2008–1232 in the ‘‘Keyword’’ box, and 

clicking ‘‘Search.’’ This material is also 

available for inspection or copying at 

the Docket Management Facility (M–30), 


srobinson on DSKHWCL6B1PROD with RULES
51780 Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail MST1 Jaime Sayers, Waterways 

Management Division, Coast Guard 

Sector Portland, telephone 503–240– 

9319, e-mail Jaime.A.Sayers@uscg.mil. 

If you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On May 26, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Anchorages; New and Revised 

Anchorages in the Captain of the Port 

Portland, OR, Area of Responsibility’’ in 

the Federal Register (74 FR 24718). We 

received one comment on the proposed 

rule. There were no requests made for 

a public hearing regarding this rule and 

none was held. No other documents 

have been published for this 

rulemaking. 

Background and Purpose 

The establishment of a new 

anchorage, modification of existing 

anchorages, and revision of the 

regulations governing anchorages 

contained in this rule are necessary to 

ensure that there are sufficient 

anchorage opportunities in the Captain 

of the Port Portland, Oregon, area of 

responsibility, and ensure that the 

locations of those opportunities are 

clear. In addition, the changes will help 

prevent conflicts with navigable 

channels and other uses of anchorage 

waters. Currently, there are insufficient 

anchorage opportunities in the Captain 

of the Port Portland, Oregon, area of 

responsibility, and many of them 

conflict with navigable channels and 

other uses of the anchorage waters. 

Discussion of Comments and Changes 

The one comment made about this 

proposed rule explained that the 

changes being made are the result of a 

collaborative effort of the members of 

the Lower Columbia Region Harbor 

Safety Committee and that the Columbia 

River Bar Pilots fully support the rule as 

written. No changes were made as a 

result of this comment. 

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. The establishment of a new 

anchorage, modification of existing 

anchorages, and revision of the 

regulations governing anchorages do not 

have any significant costs associated 

with them. 

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 would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the Captain of the Port Portland, 

Oregon, area of responsibility. However, 

the establishment of a new anchorage, 

modification of existing anchorages, and 

revision of the regulations governing 

anchorages that result from this rule 

will have no economic impact on small 

entities because anchorages can still be 

transited and used for other maritime 

activities besides anchoring. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

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. 

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. 


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Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 51781 

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)(f), of the Instruction. This rule 

involves the establishment of a new 

anchorage, modification of existing 

anchorages, and revision of regulations 

governing anchorages in the Captain of 

the Port Portland, Oregon, area of 

responsibility, which are categorically 

excluded under section 2.B.2 Figure 2– 

1, paragraph 34(f), of the Instruction. An 

environmental analysis checklist and 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 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. Revise § 110.228 to read as follows: 

§ 110.228 Columbia River, Oregon and 

Washington. 

(a) Anchorage grounds.—(1) Astoria 

North Anchorage. An area enclosed by 

a line beginning northeast of Astoria, 

Oregon, at latitude 46°12′00.79′′ N, 

longitude 123°49′55.40′′ W; thence 

continuing easterly to latitude 

46°12′02.00′′ N, longitude 123°49′40.09′′ 

W; thence continuing east-northeasterly 

to latitude 46°13′14.85′′ N, longitude 

123°46′27.89′′ W; thence continuing 

south-southeasterly to latitude 

46°13′00.56′′ N, longitude 123°46′16.65′′ 

W; thence continuing southwesterly to 

latitude 46°11′51.79′′ N, longitude 

123°49′18.08′′ W; thence continuing 

west-southwesterly to latitude 

46°11′46.27′′ N, longitude 123°49′43.48′′ 

W; thence continuing westsouthwesterly to latitude 46°11′44.98′′ 

N, longitude 123°49′49.44′′ W; thence 

continuing westerly to latitude 

46°11′44.32′′ N, longitude 123°49′58.88′′ 

W; thence continuing northeasterly to 

the point of the beginning. 

(2) Astoria South Anchorage. An area 

enclosed by a point beginning eastnortheast of Astoria, Oregon, at latitude 

46°11′46.95′′ N, longitude 123°49′13.04′′ 

W; thence continuing northeasterly to 

latitude 46°13′02.18′′ N, longitude 

123°45′54.55′′ W; thence continuing 

easterly to latitude 46°13′05.90′′ N, 

longitude 123°45′41.55′′ W; thence 

continuing southeasterly to latitude 

46°12′55.16′′ N, longitude 123°45′34.31′′ 

W; thence continuing southwesterly to 

latitude 46°12′24.32′′ N, longitude 

123°46′34.70′′ W; thence continuing 

west-southwesterly to latitude 

46°11′37.32′′ N, longitude 123°49′03.46′′ 

W; thence continuing northnorthwesterly to the point of the 

beginning. 

(3) Longview Anchorage. An area 

enclosed by a line beginning southeast 

of Longview, Washington, at latitude 

46°06′28.69′′ N, longitude 122°57′38.33′′ 

W; thence continuing northwesterly to 

latitude 46°06′41.71′′ N, longitude 

122°58′01.25′′ W; thence continuing 

westerly to latitude 46°07′22.55′′ N, 

longitude 122°59′00.81′′ W; thence 

continuing westerly to latitude 

46°07′36.21′′ N, longitude 122°59′19.29′′ 

W; thence continuing southwesterly to 

latitude 46°07′′28.44′ N, longitude 

122°59′31.18′′ W; thence continuing 

easterly to latitude 46°07′14.77′′ N, 

longitude 122°59′12.70′′ W; thence 

continuing easterly to latitude 

46°06′42.01′′ N, longitude 122°58′28.41′′ 

W; thence continuing northeasterly to 

latitude 46°06′34.27′′ N, longitude 

122°58′14.21′′ W; thence continuing 

northeasterly to latitude 46°06′32.19′′ N, 

longitude 122°58′08.77′′ W; thence 

continuing northeasterly to latitude 

46°06′22.44′′ N, longitude 122°57′43.27′′ 

W; thence continuing northeasterly to 

the point of the beginning. 

(4) Kalama Anchorage. An area to be 

enclosed by a line beginning northnorthwesterly of Sandy Island at 

latitude 46°01′20.48′′ N, longitude 

122°52′04.32′′ W; thence continuing 

east-southeasterly to latitude 

46°00′57.73′′ N, longitude 122°51′35.14′′ 

W; thence continuing east-southeasterly 

to latitude 46°00′53.95′′ N, longitude 

122°51′30.29′′ W; thence continuing 

southeasterly to latitude 46°00′35.10′′ N, 

longitude 122°51′15.37′′ W; thence 

continuing south-southeasterly to 

latitude 45°59′41.48′′ N, longitude 

122°50′52.40′′ W; thence continuing 

southwesterly to latitude 45°59′38.65′′ 

N, longitude 122°51′05.97′′ W; thence 

continuing north-northwesterly to 

latitude 46°00′36.82′′ N, longitude 

122°51′45.44′′ W; thence continuing 

west-northwesterly to latitude 

46°01′24.38′′ N, longitude 122°52′21.20′′ 

W; thence continuing northeasterly to 

the beginning. 

(5) Woodland Anchorage. An area 

enclosed by a line beginning northeast 

of Columbia City, Oregon, at latitude 

45°53′55.31′′ N, longitude 122°48′17.35′′ 

W; thence continuing easterly to 

latitude 45°53′57.11′′ N, longitude 

122°48′02.16′′ W; thence continuing 

south-southeasterly to latitude 

45°53′21.16′′ N, longitude 122°47′44.28′′ 


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W; thence continuing westerly to 

latitude 45°53′20.16′′ N, longitude 

122°48′02.37′′ W; thence continuing 

northwesterly to latitude 45°53′41.50′′ 

N, longitude 12°48′13.53′′ W; thence 

continuing northerly to the point of 

beginning. 

(6) Henrici Bar Anchorage. An area 

enclosed by a line beginning westsouthwesterly of Bachelor Slough, 

Washington, at latitude 45°47′24.68′′ N, 

longitude 122°46′49.14′′ W; thence 

continuing east-southeasterly to latitude 

45°46′44.95′′ N, longitude 122°46′13.23′′ 

W, thence continuing southeasterly to 

latitude 45°46′25.67′′ N, longitude 

122°46′00.54′′ W; thence continuing 

south-southeasterly to latitude 

45°46′02.69′′ N, longitude 122°45′50.32′′ 

W; thence continuing southerly to 

latitude 45°45′43.66′′ N, longitude 

122°45′45.33′′ W; thence continuing 

southerly to latitude 45°45′37.52′′ N, 

longitude 122°45′44.99′′ W; thence 

continuing westerly to latitude 

45°45′37.29′′ N, longitude 122°45′53.06 

W; thence continuing northnorthwesterly to latitude 45°46′15.94′′ 

N, longitude 122°46′10.25′′ W; thence 

continuing west-northwesterly to 

latitude 45°47′20.20′′ N, longitude 

122°46′59.28′′ W; thence continuing 

easterly to the point of beginning. 

(7) Lower Vancouver Anchorage. An 

area enclosed by a line beginning northnortheast of Reeder Point at latitude 

45°43′39.18′′ N, longitude 122°45′27.54′′ 

W; thence continuing southsouthwesterly to latitude 45°41′26.95′′ 

N, longitude 122°46′13.83′′ W; thence 

continuing southerly to latitude 

45°40′35.72′′ N, longitude 122°46′09.98′′ 

W; thence continuing southsoutheasterly to latitude 45°40′23.95′′ N, 

longitude 122°46′04.26′′ W; thence 

continuing west-southwesterly to 

latitude 45°40′20.68′′ N, longitude 

122°46′16.07′′ W; thence continuing 

northwesterly to latitude 45°40′32.85′′ 

N, longitude 122°46′21.98′′ W; thence 

continuing north-northwesterly to 

latitude 45°41′01.03′′ N, longitude 

122°46′26.85′′ W; thence continuing 

northerly to latitude 45°41′29.07′′ N, 

longitude 12°46′26.15′′ W; thence 

continuing north-northeasterly to 

latitude 45°43′41.27′′ N, longitude 

122°45′39.87′′ W; thence continuing 

easterly to the point of the beginning. 

The Vancouver lower anchorage will 

then resume slightly further upstream at 

an area north of Kelly point and will be 

enclosed by a line starting at latitude 

45°40′10.09′′ N, longitude 122°45′57.53′ 

W; thence continuing southeasterly to 

latitude 45°39′42.94′′ N, longitude 

122°45′44.34′′ W; thence continuing 

west-southwesterly to latitude 

45°39′40.07′′ N, longitude 122°45′56.34′′ 

W; thence continuing northwesterly to 

latitude 45°40′06.75′′ N, longitude 

122°46′09.30′′ W; thence continuing 

east-northeasterly to the point of the 

beginning. 

(8) Kelly Point Anchorage. An area 

enclosed by a line beginning northeast 

of Kelly Point, Oregon, at latitude 

45°39′10.32′′ N, longitude 122°45′36.45′′ 

W; thence continuing east-southeasterly 

to latitude 45°39′02.10′′ N, longitude 

122°45′21.67′′ W; thence continuing 

east-southeasterly to latitude 

45°38′59.15′′ N, longitude 122°45′16.38′′ 

W; thence continuing southwesterly to 

latitude 45°38′51.03′′ N, longitude 

122°45′25.57′′ W; thence continuing 

westerly to latitude 45°38′51.54′′ N, 

longitude 122°45′26.35′′ W; thence 

continuing northwesterly to latitude 

45°39′06.27′′ N, longitude 122°45′40.50′′ 

W; thence continuing northnortheasterly to the beginning point. 

(9) Upper Vancouver Anchorage. An 

area enclosed by a line beginning northnortheast of Hayden Island at latitude 

45°38′43.44′′ N, longitude 122°44′39.50′′ 

W; thence continuing northeasterly to 

45°38′26.98′′ N, longitude 122°43′25.87′′ 

W; thence continuing east-northeasterly 

to latitude 45°38′17.31′′ N, longitude 

122°42′54.69′′ W; thence continuing 

easterly to latitude 45°38′12.40′′ N, 

longitude 122°42′43.93′′ W; thence 

continuing east-southeasterly to latitude 

45°37′40.53′′ N, longitude 122°41′44.08′′ 

W; thence south-southeasterly to 

latitude 45°37′36.11′′ N, longitude 

122°41′48.86′′ W; thence continuing 

west-southwesterly to latitude 

45°37′52.20′′ N, longitude 122°42′19.50′′ 

W; thence continuing westsouthwesterly to latitude 45°38′10.75′′ 

N, longitude 122°43′08.89′′ W; thence 

continuing southwesterly to latitude 

45°38′18.79′′ N, longitude 122°43′44.83′′ 

W; thence continuing westerly to 

latitude 45°38′41.37′′ N, longitude 

122°44′40.44′′ W; thence continuing 

northeasterly to the point of beginning. 

(10) Cottonwood Island Anchorage. 

An area enclosed by a line beginning 

west-southwest of Longview, WA at 

latitude 46°05′56.88′′ N, longitude 

122°56′53.19′′ W; thence continuing 

easterly to latitude 46°05′14.06′′ N, 

longitude 122°54′45.71′′ W; thence 

continuing east-southeasterly to latitude 

46°04′57.12′′ N, longitude 122°54′12.41′′ 

W; thence continuing southeasterly to 

latitude 46°04′37.55′′ N, longitude 

122°53′45.80′′ W; thence continuing 

southeasterly to latitude 46°04′13.72′′ N, 

longitude 122°53′23.66′′ W; thence 

continuing southeasterly to latitude 

46°03′54.94′′ N, longitude 122°53′11.81′′ 

W; thence continuing southerly to 

latitude 46°03′34.96′′ N, longitude 

122°53′03.17′′ W; thence continuing 

westerly to latitude 46°03′32.06′′ N, 

longitude 122°53′19.68′′ W; thence 

continuing north-northwesterly to 

latitude 46°03′50.84′′ N, longitude 

122°53′27.81′′ W; thence continuing 

northwesterly to latitude 46°04′08.10′′ 

N, longitude 122°53′38.70′′ W; thence 

continuing northwesterly to latitude 

46°04′29.41′′ N, longitude 122°53′58.17′′ 

W; thence continuing northnorthwesterly to latitude 46°04′49.89′′ 

N, longitude 122°54′21.57′′ W; thence 

continuing northwesterly to latitude 

46°05′06.95′′ N, longitude 122°54′50.65′′ 

W; thence continuing northwesterly to 

latitude 46°05′49.77′′ N, longitude 

122°56′ 58.12′′ W; thence continuing 

east-northeasterly to the point of the 

beginning. 

(b) Regulations. 

(1) All designated anchorages are 

intended for the primary use of deepdraft vessels over 200 feet in length. 

(2) If a vessel under 200 feet in length 

is anchored in a designated anchorage, 

the master or person in charge of the 

vessel shall: 

(i) Ensure that the vessel is anchored 

so as to minimize conflict with large, 

deep-draft vessels utilizing or seeking to 

utilize the anchorage; and 

(ii) Move the vessel out of the area if 

requested by the master of a large, deepdraft vessel seeking to enter or depart 

the area or if directed by the Captain of 

the Port. 

(3) Vessels desiring to anchor in 

designated anchorages shall contact the 

pilot office that manages that anchorage 

to request an appropriate position to 

anchor. Columbia River Bar Pilots 

manage Astoria North Anchorage and 

Astoria South Anchorage. Columbia 

River Pilots manage all designated 

anchorages upriver from Astoria. 

(4) No vessel may occupy a 

designated anchorage for more than 30 

consecutive days without permission 

from the Captain of the Port. 

(5) No vessel being laid-up or 

dismantled or undergoing major 

alterations or repairs may occupy a 

designated anchorage without 

permission from the Captain of the Port. 

(6) No vessel carrying a Cargo of 

Particular Hazard listed in § 126.10 of 

this chapter may occupy a designated 

anchorage without permission from the 

Captain of the Port. 

(7) No vessel in a condition such that 

it is likely to sink or otherwise become 

a hazard to the operation of other 

vessels shall occupy a designated 

anchorage except in an emergency and 

then only for such periods as may be 

authorized by the Captain of the Port. 

(8) Vessels anchoring in Astoria North 

Anchorage should avoid placing their 

anchor in the charted cable area. 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 51783 

Dated: September 9, 2009. 

G.T. Blore, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. E9–24317 Filed 10–7–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[FRL–8952–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Missouri; Update to Materials 

Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is updating the materials 

submitted by Missouri that are 

incorporated by reference (IBR) into the 

State implementation plan (SIP). The 

regulations affected by this update have 

been previously submitted by the State 

agency and approved by EPA. This 

update affects the SIP materials that are 

available for public inspection at the 

National Archives and Records 

Administration (NARA), the Air and 

Radiation Docket and Information 

Center located at EPA Headquarters in 

Washington, DC, and the Regional 

Office. 

DATES: Effective Date: This action is 

effective October 8, 2009. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Environmental 

Protection Agency, Region 7, 901 North 

5th Street, Kansas City, Kansas 66101; 

or at http://www.epa.gov/region07/ 

programs/artd/air/rules/fedapprv.htm; 

the Air and Radiation Docket and 

Information Center, EPA Headquarters 

Library, Room Number 3334, EPA West 

Building, 1301 Constitution Avenue, 

NW., Washington, DC 20460, and the 

National Archives and Records 

Administration. If you wish to obtain 

materials from a docket in the EPA 

Headquarters Library, please call the 

Office of Air and Radiation Docket at 

(202) 566–1742. For information on the 

availability of this material at NARA, 

call (202) 741–6030, or go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Evelyn VanGoethem at (913) 551–7659, 

or by e-mail at 

vangoethem.evelyn@epa.gov. 

SUPPLEMENTARY INFORMATION: The SIP is 

a living document which the State 

revises as necessary to address the 

unique air pollution problems in the 

State. Therefore, EPA from time to time 

must take action on SIP revisions 

containing new and/or revised 

regulations to make them part of the 

SIP. On May 22, 1997 (62 FR 27968), 

EPA revised the procedures for 

incorporating by reference Federally 

approved SIPs, as a result of 

consultations between EPA and the 

Office of Federal Register. The 

description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997, Federal Register document. 

On June 29, 1999, EPA published a 

document in the Federal Register (64 

FR 34717) beginning the new IBR 

procedure for Missouri. On May 24, 

2004 (69 FR 29435), EPA published an 

update to the IBR material for Missouri. 

In this document, EPA is doing the 

following: 

1. Announcing the update to the IBR 

material as of August 1, 2009. 

2. Correcting the date format in the 

‘‘State effective date’’ or ‘‘State 

Submittal date’’ and ‘‘EPA approval 

date’’ columns in § 52.820 paragraphs 

(c), (d) and (e). Dates are numerical 

month/day/year without additional 

zeros. 

3. Modifying the Federal Register 

citation in § 52.1320 paragraphs (c), (d) 

and (e) to reflect the beginning page of 

the preamble as opposed to the page 

number of the regulatory text. 

4. Removing the first entry for 10– 

5.220 in § 52.1320 paragraph (c) under 

Chapter 5. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3), which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

providing notice of the updated 

Missouri SIP compilation. 

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 


srobinson on DSKHWCL6B1PROD with RULES