Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 27435 

(2) The transaction does not involve 

the purchase, sale, financing, or 

refinancing of real property; 

(3) The transaction is not otherwise 

prohibited by law; and 

(4) The transaction is conducted 

through an account at a U.S. financial 

institution specifically licensed by 

OFAC. 

Note to paragraph (a)(4) of § 538.515: U.S. 

financial institutions are required to obtain 

specific licenses to operate accounts for, or 

extend credit to, the diplomatic missions of 

the Government of Sudan to the United 

States and the United Nations. 

(b) The importation of goods or 

services into the United States by, and 

the provision of goods or services in the 

United States to, the employees of the 

diplomatic missions of the Government 

of Sudan to the United States and the 

United Nations are authorized, provided 

that: 

(1) The goods or services are for 

personal use of the employees of the 

missions, and are not for resale; and 

(2) The transaction is not otherwise 

prohibited by law. 

(c) The importation of goods or 

services into the United States by the 

regional Government of Southern Sudan 

and its employees that involves the 

transit or transshipment of goods from 

the Specified Areas of Sudan through 

areas of Sudan other than the Specified 

Areas of Sudan is authorized, provided 

that: 

(1) The goods or services are for the 

conduct of the business of the regional 

Government, or for personal use of the 

employees of the regional Government, 

and are not for resale; and 

(2) The transaction is not otherwise 

prohibited by law. 

Note to paragraph (c) of § 538.515: The 

authorization contained in paragraph (c) of 

this section permits the regional Government 

of Southern Sudan and its employees to 

import into the United States goods or 

services that have transited or transshipped 

through areas of Sudan other than the 

Specified Areas of Sudan without the need 

to obtain a specific license under § 538.417. 

The importation of goods and services into 

the United States by the regional Government 

of Southern Sudan not involving transit or 

transshipment through areas of Sudan other 

than the Specified Areas of Sudan already is 

exempt pursuant to §§ 538.212(g) and 

538.305(b) and, therefore, requires no 

authorization. Similarly, the provision of 

goods and services in the United States to the 

regional Government of Southern Sudan and 

its employees already is exempt pursuant to 

§§ 538.212(g) and 538.305(b) and also 

requires no authorization. 

Dated: June 3, 2009. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. E9–13523 Filed 6–9–09; 8:45 am] 

BILLING CODE 4811–45–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 1, 25, 66, 70, 72, 100, 110, 

133, 135, 136, 137, 138, 155, 157, 161, 

165, and 169 

[Docket No. USCG–2009–0416] 

RIN 1625–ZA23 

Navigation and Navigable Waters; 

Technical, Organizational and 

Conforming Amendments 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: This rule makes nonsubstantive changes throughout Title 33 

of the Code of Federal Regulations. The 

purpose of this rule is to make 

conforming amendments and technical 

corrections to Coast Guard navigation 

and navigable water regulations. This 

rule will have no substantive effect on 

the regulated public. These changes are 

provided to coincide with the annual 

recodification of Title 33 in July. 

DATES: This final rule is effective June 

10, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as the 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0146 and are 

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, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0416 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail LCDR Reed Kohberger, CG–5232, 

Coast Guard, telephone 202–372–1471, 

e-mail Reed.H.Kohberger@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Regulatory History 

II. Background 

III. Discussion of Rule 

IV. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Regulatory History 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under both 5 U.S.C. 

553(b)(A) and (b)(B), the Coast Guard 

finds this rule is exempt from notice 

and comment rulemaking requirements 

because these changes involve agency 

organization and practices. In addition, 

good cause exists for not publishing an 

NPRM for all revisions in the rule 

because they are all non-substantive 

changes. This rule consists only of 

corrections and editorial, organizational, 

and conforming amendments. These 

changes will have no substantive effect 

on the public; therefore, it is 

unnecessary to publish an NPRM. 

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

Guard finds that, for the same reasons, 

good cause exists for making this rule 

effective upon publication in the 

Federal Register. 

II. Background 

Each year the printed edition of Title 

33 of the Code of Federal Regulations is 

recodified on July 1. This rule, which 

becomes effective June 10, 2009, makes 

technical and editorial corrections 

throughout Title 33. This rule does not 

create any substantive requirements. 

III. Discussion of Rule 

This rule amends 33 CFR parts 1 and 

100 to affirm and clarify the delegation 

of authority by the Commandant to 

Coast Guard Captains of the Port to 

issue special local regulations. 

This rule updates Coast Guard 

headquarters and field office 

designations, telephone numbers, and 

Web site addresses. These updates are 

non-substantive and are located 

throughout 33 CFR parts 70, 133, 135, 

136, 137, and 138. Part 100 is amended 

to correct typographical and 

grammatical errors. 

This rule amends 33 CFR part 110 to 

standardize the format of latitude/ 

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longitude coordinates and better 

conform to the Government Printing 

Office (GPO) style. 

The National Pollution Funds Center 

(NPFC) has changed the location within 

NPFC where a document entitled 

‘‘Standard Practice for Environmental 

Site Assessments: Phase I 

Environmental Site Assessment 

Process’’, may be viewed by the public. 

The document has been relocated from 

Suite 1013 to the NPFC Law Library in 

Suite 1000. This rule amends 33 CFR 

part 137 to provide the public with this 

new location. 

The authorities for 33 CFR parts 133, 

136, and 137 have changed as a result 

of the Coast Guard’s transfer to the 

Department of Homeland Security in 

2003. This rule amends 33 CFR parts 

133, 136, and 137 to reflect recent 

changes in the statutory authorities and 

delegations governing NPFC program 

regulations. 

IV. 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. 

A. 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. 

B. 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. 

Therefore, the Coast Guard certifies 

under 5 U.S.C. 605(b) that this final rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

C. Assistance for 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. This 

rule does not require a general notice of 

proposed rulemaking and, therefore, is 

exempt from the requirements of the 

Regulatory Flexibility Act. 

D. 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). 

E. 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. 

F. 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 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

G. 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. 

H. 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. 

I. 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. 

J. 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. 

K. 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. 

L. 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. 

M. 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 that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 27437 

environment. Therefore, this rule is 

categorically excluded under section 

2.B.2, figure 2–1, paragraph (34)(a) and 

(b) of the Instruction. This rule involves 

editorial, procedural, and internal 

agency functions. An environmental 

analysis checklist and a categorical 

exclusion determination are available in 

the docket where indicated under the 

ADDRESSES. We seek any comments or 

information that may lead to discovery 

of a significant environmental impact 

from this proposed rule. 

List of Subjects 

33 CFR Part 1 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Freedom of 

information, Penalties. 

33 CFR Part 25 

Authority delegations (Government 

agencies), Claims. 

33 CFR Part 66 

Intergovernmental relations, 

Navigation (water), Reporting and 

recordkeeping requirements. 

33 CFR Part 70 

Navigation (water), Reporting and 

recordkeeping requirements. 

33 CFR Part 72 

Government publications, Navigation 

(water). 

33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

33 CFR Part 110 

Anchorage grounds. 

33 CFR Part 133 

Intergovernmental relations, Oil 

pollution, Reporting and recordkeeping 

requirements. 

33 CFR Part 135 

Administrative practice and 

procedure, Continental shelf, Insurance, 

Oil pollution, Reporting and 

recordkeeping requirements. 

33 CFR Part 136 

Administrative practice and 

procedure, Advertising, Claims, Oil 

pollution, Penalties, Reporting and 

recordkeeping requirements. 

33 CFR Part 137 

Claims, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements. 

33 CFR Part 138 

Alaska, Hazardous substances, Oil 

pollution, Reporting and recordkeeping 

requirements. 

33 CFR Part 155 

Alaska, Hazardous substances, Oil 

pollution, Reporting and recordkeeping 

requirements. 

33 CFR Part 157 

Cargo vessels, Oil pollution, 

Reporting and recordkeeping 

requirements. 

33 CFR Part 161 

Harbors, Navigation (water), 

Reporting and recordkeeping 

requirements, Vessels, Waterways. 

33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

33 CFR Part 169 

Endangered and threatened species, 

Marine animals, Navigation (water), 

Radio, Reporting and recordkeeping 

requirements, Vessels, Water pollution 

control. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR parts 1, 25, 66, 70, 72, 100, 110, 

133, 135, 136, 137, 138, 155, 157, 161, 

165, and 169 as follows: 

Title 33—Navigation and Navigable 

Waters 

PART 1—GENERAL PROVISIONS 

Subpart 1.05—Rulemaking 

■ 1. The authority citation for subpart 

1.05 continues to read as follows: 

Authority: 5 U.S.C. 552, 553, App. 2; 14 

U.S.C. 2, 631, 632, and 633; 33 U.S.C. 471, 

499; 49 U.S.C. 101, 322; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. In § 1.05–1— 

■ a. Revise paragraphs (e)(1) 

introductory text and (f) as set out 

below. 

■ b. Add new paragraphs (e)(1)(vi) and 

(i) to read as set out below. 

§ 1.05–1 Delegation of rulemaking 

authority. 

* * * * * 

(e)(1) The Commandant has 

redelegated to the Coast Guard District 

Commanders, with the reservation that 

this authority must not be further 

redelegated except as specified in 

paragraph (i) below, the authority to 

issue regulations pertaining to the 

following: 

* * * * * 

(vi) The establishment of special local 

regulations. 

* * * * * 

(f) Except for those matters specified 

in paragraph (c) of this section, the 

Commandant has redelegated to Coast 

Guard Captains of the Port, with the 

reservation that this authority must not 

be further redelegated, the authority to 

establish safety and security zones. 

* * * * * 

(i) The Commandant has redelegated 

to the Coast Guard District Commanders 

the authority to redelegate in writing to 

the Captains of the Port (COTP), with 

the reservation that this authority must 

not be further redelegated, the authority 

to issue such special local regulations as 

the COTP deems necessary to ensure 

safety of life on the navigable waters 

immediately prior to, during, and 

immediately after regattas and marine 

parades. 

PART 25—CLAIMS 

■ 3. The authority citation in part 25 

continues to read as follows: 

Authority: 14 U.S.C. 633, 49 CFR 1.45(a); 

49 CFR 1.45(b); 49 CFR 1.46(b), unless 

otherwise noted. 

§ 25.111 [Amended] 

■ 4. Revise § 25.211(b) introductory text 

to read as follows: 

§ 25.111 Action by a claimant. 

* * * * * 

(b) Presentation. Whenever possible, 

the claim must be presented to the Coast 

Guard Legal Service Command, Claims 

Division (LSC–5), located at 300 East 

Main Street, Suite 400, Norfolk, VA 

23510–9100. If that is not possible, the 

claim may also be presented to: 

* * * * * 

PART 66—PRIVATE AIDS TO 

NAVIGATION 

■ 5. The authority citation for part 66 

continues to read as follows: 

Authority: 14 U.S.C. 83, 84, 85; 43 U.S.C. 

1333; Pub. L. 107–296, 116 Stat. 2135; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 6. Revise § 66.01–1(a) to read as 

follows: 

§ 66.01–1 Basic provisions. 

(a) The Uniform State Waterway 

Marking System’s (USWMS) aids to 

navigation provisions for marking 

channels and obstructions (see § 66.10– 

15 in this part) may be used in those 

navigable waters of the U.S. that have 

been designated as state waters for 

private aids to navigation and in those 

internal waters that are non-navigable 

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waters of the U.S. All other provisions 

for the use of regulatory markers and 

other aids to navigation must be in 

accordance with United States Aid to 

Navigation System, described in part 62 

of this subchapter. 

* * * * * 

PART 70—INTERFERENCE WITH OR 

DAMAGE TO AIDS TO NAVIGATION 

■ 7. The authority citation for part 70 

continues to read as follows: 

Authority: Secs. 14, 16, 30 Stat. 1152, 

1153; secs. 84, 86, 92, 633, 642, 63 Stat. 500, 

501, 503, 545, 547 (33 U.S.C. 408, 411, 412: 

14 U.S.C. 84, 86, 92, 633, 642). 

§ 70.05–5 [Amended] 

■ 8. In § 70.05–5, remove the phrase 

‘‘not exceeding $2,500 or less than 

$500’’ and add, in its place, the phrase 

‘‘of up to $25,000 per day’’. 

PART 72—MARINE INFORMATION 

■ 9. The authority citation for part 72 

continues to read as follows: 

Authority: 14 U.S.C. 85, 633; 43 U.S.C. 

1333; Department of Homeland Security 

Delegation No. 0170.1. 

§ 72.01–10 [Amended] 

■ 10. In § 72.01–10(a)(1), remove the 

phrase ‘‘National Imagery and Mapping 

Agency’’ and add, in its place, the 

phrase ‘‘National Geospatial-Intelligence 

Agency’’. 

§ 72.01–25 [Amended] 

■ 11. In § 72.01–25(a), remove the 

phrase ‘‘National Imagery and Mapping 

Agency’’ and add, in its place, the 

phrase ‘‘National Geospatial-Intelligence 

Agency’’. 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 12. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 13. Revise § 100.35 to read as follows: 

§ 100.35 Special local regulations. 

(a) The Commander of a Coast Guard 

District or Captain of the Port (COTP) as 

authorized by 33 CFR 1.05–1(i), after 

approving plans for the holding of a 

regatta or marine parade within his or 

her district or zone, is authorized to 

promulgate such special local 

regulations as he or she deems 

necessary to insure safety of life on the 

navigable waters immediately prior to, 

during, and immediately after the 

approved regatta or marine parade. Such 

regulations may include a restriction on, 

or control of, the movement of vessels 

through a specified area immediately 

prior to, during, and immediately after 

the regatta or marine parade. 

(b) The Commander of a Coast Guard 

District or COTP as authorized by 33 

CFR 1.05–1(i), after approving plans for 

the holding of a regatta or marine parade 

upon the navigable waters within his or 

her district or zone, and promulgating 

special regulations thereto, must give 

the public full and adequate notice of 

the dates of the regatta or marine 

parade, together with full and complete 

information of the special local 

regulations, if there be such. Such 

notice should be published in the local 

notices to mariners. 

(c) The special local regulations 

referred to in paragraph (a) of this 

section, when issued and published by 

the Commander of a Coast Guard 

District or COTP as authorized by 33 

CFR 1.05–1(i), must have the status of 

regulations issued pursuant to the 

provisions of section 1 of the act of 

April 28, 1908, as amended (33 U.S.C. 

1233). 

§ 100.114 [Amended] 

■ 14. In § 100.114— 

■ a. In paragraph (a), remove the word 

‘‘year’’ and add, in its place, the word 

‘‘yard’’. 

■ b. In the Fireworks Display Table, 

remove table entries Massachusetts 6.3 

and Massachusetts 7.1. 

■ c. Redesignate Fireworks Display 

Table entries 7.2 through 7.42 as the 

new 7.1 through 7.41 respectively. 

§ 100.906 [Amended] 

■ 15. In § 100.906(c), remove the phrase 

‘‘August 1st’’ and add, in its place, the 

phrase ‘‘the Tuesday before the first 

Saturday in August’’. 

PART 110—ANCHORAGE 

REGULATIONS 

■ 16. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2030, 2035, and 2071; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 17. Revise § 110.25 to read as follows: 

§ 110.25 Salem Sound, Mass. 

(a) Beverly Harbor, north of Salem 

Neck, Salem, MA. A line extending from 

the northerly end of the Salem Willows 

Yacht Club House 360 yards bearing 

281° true to position latitude 

42°32′14.3′′ N., longitude 70°52′24.17′′ 

W.; thence north 275 yards to 

Monument Bar Beacon thence 540 yards 

bearing 080° to position latitude 

42°32′25.3′′ N., longitude 70°52′2.1′′ W., 

thence 365 yards bearing 175° to 

position latitude 42°32′14.3′′ N., 

longitude 70°52′1.1′′ W.; thence 237° to 

the shore. [NAD83] 

(b) Bass River. All of the area 

upstream of the highway bridge (Popes 

Bridge) outside of the dredged channel. 

(c) South Channel. Bounded by a line 

commencing at the northern most point 

of Peach’s Point at position latitude 

42°31′08.6′′ N., longitude 70°50′32.8′′ 

W.; thence westerly to a point, at 

position latitude 42°31′21.9′′ N., 

longitude 70°51′15.1′′ W. off Fluen 

Point; thence westerly to a point at 

latitude 42°31′19.3′′ N., longitude 

70°51′47.4′′ W. off Naugus Head; thence 

southwesterly to a point at latitude 

42°31′00.3′′ N., longitude 70°51′16.6′′ W. 

east of Folger Point; thence to a point at 

latitude 42°30′38.3′′ N., longitude 

70°52′34.6′′ W.; thence easterly to a 

point on Long Point at latitude 

42°30′52.6′′ N., longitude 70°53′05′′ W. 

The areas will be principally for use by 

yachts and other recreational craft. 

Temporary floats or buoys for marking 

anchors will be allowed in the areas but 

fixed piles or stakes may not be placed. 

The anchoring of vessels, the placing of 

moorings, and the maintenance of 

fairways will be under the jurisdiction 

of the local Harbor Master. 

(d) Beverly and Mackerel Coves, north 

side of Beverly Harbor. The water area 

enclosed by a line commencing at the 

southernmost point of Curtis Point in 

Beverly; thence bearing 238°, 1,400 

yards to latitude 42°32′29.7′′ N., 

70°51′32.1′′ W.; thence 284°, 1,475 yards 

to the western shoreline of Mackerel 

Cove; thence north northeasterly to the 

point of beginning. 

(e) Collins Cove, Salem, MA. The 

water area enclosed by a line beginning 

at Monument Bar Beacon; thence 242°, 

580 yards to latitude 42°32′14.5′′ N., 

longitude 70°52′46.3′′ W.; thence 284°, 

220 yards to latitude 42°32′16′′ N., 

longitude 70°52′55′′ W.; thence 231°, 

525 yards to a point on the shoreline; 

thence following the shoreline and the 

western boundary of the special 

anchorage area as described in 33 CFR 

110.25(a) to the point of beginning. 

(f) Marblehead Harbor, Marblehead, 

MA. The area comprises that portion of 

the harbor lying between the extreme 

low water line and southwestward of a 

line bearing 336° from Marblehead Neck 

Light to a point on Peach Point at 

latitude 42°31′03′′ N., longitude 

70°50′30′′ W. 

Note: The area is principally for use by 

yachts and other recreational craft. 

Temporary floats or buoys for marking 

anchors are allowed. Fixed mooring piles or 

stakes are prohibited. All moorings must be 

so that no vessel, when anchored, will at any 

time extend beyond the limits of the area. 

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The anchoring of vessels and the placing of 

temporary moorings are under the 

jurisdiction and at the direction of the local 

harbormaster. 

■ 18. Add a new § 110.27 to read as 

follows: 

§ 110.27 Lynn Harbor in Broad Sound, 

Mass. 

North of a line bearing 244° from the 

tower of the Metropolitan District 

Building, extending from the shore to a 

point 100 feet from the east limit of the 

channel; east of a line bearing 358°, 

extending thence to a point 100 feet east 

of the northeast corner of the turning 

basin; south of a line bearing 88°, 

extending thence to the shore; and south 

and west of the shoreline to its 

intersection with the south boundary. 

■ 19. Add a new § 110.29 to read as 

follows: 

§ 110.29 Boston Inner Harbor, Mass. 

(a) Vicinity of Pleasant Park Yacht 

Club, Winthrop. Southerly of a line 

bearing 276° from a point on the west 

side of Pleasant Street, Winthrop, 360 

feet from the southwest corner of its 

intersection with Main Street; westerly 

of a line bearing 186° from a point on 

the south side of Main Street 140 feet 

from the southwest corner of its 

intersection with Pleasant Street; 

northerly of a line bearing 256° from a 

point on the west side of Pleasant Street 

550 feet from the southwest corner of its 

intersection with Main Street and 

easterly of a line bearing 182° from a 

point on the south side of Main Street 

640 feet from the southwest corner of its 

intersection with Pleasant Street. 

(b) Mystic River, east side of Tobin 

Bridge. Beginning at a line running from 

a point on the Tobin Bridge at latitude 

42°23′08.5′′ N. 071°02′48.2′′ W. to a 

point at latitude 42°23′06.4′′ N. 

071°02′43.7′′ W.; thence northwest to a 

point at latitude 42°23′09.1′′ N. 

071°02′43.2′′ W. along the shoreline to 

the western side of Tobin Bridge, thence 

to the point of origin. 

(c) Mystic River, west side of Tobin 

Bridge. Beginning at a line running from 

a point on the Tobin Bridge at latitude 

42°23′08.8′′ N. 071°02′48.6′′ W. to a 

point at latitude 42°23′10.5′′ N. 

071°05′52′′ W.; thence northwest to the 

southeasterly corner of the pier at 

latitude 42°23′13.4′′ N. 071°02′57.1′′ W. 

along the pier to the shoreline to the 

eastern side of Tobin Bridge, thence to 

the point of origin. 

(d) Boston Inner Harbor A. (1) The 

waters of the western side of Boston 

Inner Harbor north of the entrance to the 

Fort Point Channel bound by the 

following points beginning at latitude 

42°21′32′′ N., longitude 071°02′50′′ W; 

thence to latitude 42°21′33′′ N., 

longitude 071°02′44′′ W.; thence to 

latitude 42°21′26′′ N., longitude 

071°02′36′′ W.; thence to latitude 

42°21′26′′ N., longitude 071°02′53′′ W.; 

thence to point of origin. [NAD83]. 

(2) The area is principally for use by 

yachts and other recreational craft. 

Temporary floats or buoys for marking 

anchors will be allowed. Fixed mooring 

piles or stakes are prohibited. The 

anchoring of vessels and placing of 

temporary moorings will be under the 

jurisdiction, and at the discretion of the 

Harbormaster, City of Boston. All 

moorings must be so placed that no 

vessel, when moored, will at any time 

extend beyond the limits of the area. 

Note to paragraph (d): Administration of 

Special Anchorage Area is exercised by the 

Harbormaster, City of Boston, pursuant to 

local ordinances. The City of Boston will 

install and maintain suitable navigational 

aids to mark the limits of Special Anchorage 

areas. 

■ 20. Revise § 110.30 to read as follows: 

§ 110.30 Boston Harbor, Mass. 

(a) Vicinity of South Boston Yacht 

Club, South Boston. Northerly of a line 

bearing 96° from the stack of the heating 

plant of the Boston Housing Authority 

in South Boston; easterly of a line 

bearing 5° from the west shaft of the 

tunnel of the Boston Main Drainage 

Pumping Station; southerly of the 

shoreline; and westerly of a line bearing 

158° from the northeast corner of the 

iron fence marking the east boundary of 

the South Boston Yacht Club property. 

(b) Dorchester Bay, in vicinity of Savin 

Hill Yacht Club. Northerly of a line 

bearing 64° from the stack of the old 

power plant of the Boston Elevated 

Railway on Freeport Street in 

Dorchester; westerly of a line bearing 

163° from the stack of the Boston Main 

Drainage Pumping Station on the Cow 

Pasture in Dorchester; and southerly 

and easterly of the shoreline. 

(c) Dorchester Bay, in vicinity of 

Dorchester Yacht Club. Eastward of a 

line bearing 21° from the stack located 

a short distance northwestward of the 

Dorchester Yacht Club; southward of a 

line bearing 294° from the southerly 

channel pier of the highway bridge; 

westward of the highway bridge and the 

shoreline; and northward of the 

shoreline. 

(d) Quincy Bay, in vicinity of 

Wollaston and Squantum Yacht Clubs. 

Northwesterly of a line bearing 36°30′ 

from a point on the shore 2,600 feet 

easterly of the east side of the Wollaston 

Yacht Club landing; southwesterly of a 

line bearing 129°15′ from the water tank 

in Squantum; and southeasterly and 

northeasterly of the shoreline. 

(e) Quincy Bay, in vicinity of 

Merrymount Yacht Club. South of a line 

starting from a point bearing 246°, 3,510 

yards, from the stack of the pumping 

station on Nut Island, and extending 

thence 306° to the shore; west of a line 

bearing 190° from the aforesaid point to 

the shore; and north and east of the 

shoreline. 

(f) Weymouth Fore River, in vicinity of 

Quincy Yacht Club. A line from the 

position latitude 42°16′46.9′′ N. 

70°57′12.5′′ W. to position latitude 

42°16′48.8′′ N. 70°57′5.5′′ W.; thence to 

latitude 42°16′31′′ N. 70°56′23.1′′ W. to 

the northerly end of Raccoon Island at 

position latitude 42°15′48′′ N. 

70°56′43.4′′ W.; thence along the 

western shoreline of Raccoon Island to 

the point latitude 42°15′46.4′′ N. 

70°56′55.4′′ W.; thence to latitude 

42°15′43′′ N. 70°57′5.8′′ W.; thence along 

the shoreline to the point of origin. 

[NAD83] 

(g) Weymouth Fore River, in vicinity 

of Wessagussett Yacht Club. 

Southwesterly of a line bearing 117° 

from channel light ‘‘4’’; southeasterly of 

a line 150 feet from and parallel to the 

meandering easterly limit of the dredged 

channel; easterly of a line bearing 188° 

from the eastern extremity of Rock 

Island Head; and northwesterly of the 

shoreline. 

(h) Weymouth Fore River, in the 

vicinity of Gull Point (PT). All of the 

waters bound by the following points 

beginning at latitude 42°15′05′′ N., 

longitude 70°57′26′′ W.; thence to 

latitude 42°15′00′′ N., longitude 

70°57′26′′ W.; thence to latitude 

42°15′15′′ N., longitude 70°56′50′′ W.; 

thence to latitude 42°15′18′′ N., 

longitude 70°56′50′′ W.; thence to the 

point of the beginning. [NAD83] 

Note to paragraph (h): The area is 

principally for use by recreational craft. All 

anchoring in the area will be under the 

supervision of the local harbor master or 

such other authority as may be designated by 

the authorities of the Town of Weymouth, 

Massachusetts. All moorings are to be so 

placed that no moored vessel will extend 

beyond the limit of the anchorage area. 

(i) Weymouth Back River, in vicinity 

of Eastern Neck. The cove on the north 

side of the river lying northerly of a line 

bearing 264°30′ from the southwesterly 

corner of the American Agricultural 

Chemical Company’s wharf (Bradley’s 

Wharf) to the shore of Eastern Neck, 

about 2,200 feet distant. 

(j) Area No. 1 in Allerton Harbor. That 

area north of Spinnaker Island 

beginning at latitude 42°18′15.3′′ N. 

70°53′44.1′′ W.; thence due east to 

latitude 42°18′15.3′′ N. longitude 

70°53′27.6′′ W.; thence due south to 

latitude 42°18′07.8′′ N. longitude 

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70°53′27.6′′ W.; thence due west to 

latitude 42°18′07.8′′ N. longitude 

70°53′44.1′′ W.; thence due north to the 

point of beginning. [NAD83] 

(k) Area No. 2 in Hull Bay. That area 

south of Hog Island beginning at 

latitude 42°17′50.8′′ N. longitude 

70°54′05.1′′ W.; thence due east to 

latitude 42°17′50.8′′ N. longitude 

70°53′27.6′′ W.; thence due south to 

latitude 42°17′30.3′′ N. longitude 

70°53′27.6′′ W.; thence due west to 

latitude 42°17′30.3′′ N. longitude 

70°54′5.1′′ W.; thence due north to the 

point of beginning. [NAD83] 

(l) Area No. 3 in Hull Bay. That area 

north of Bumkin Island beginning at 

position latitude 42°17′22.3′′ N. 

longitude 70°54′5.1′′ W.; thence due east 

to latitude 42°17′22.3′′ N. longitude 

70°53′15.6′′ W.; thence due south to 

latitude 42°17′01.3′′ N. longitude 

70°53′15.6′′ W.; thence due west to 

latitude 42°17′01.3′′ N. longitude 

70°54′5.17′′ W.; thence due north to the 

point of beginning. [NAD83]. 

Note to paragraphs (j), (k), and (l): The 

areas will be principally for use by yachts 

and other recreational craft. Temporary floats 

or buoys for marking anchors will be 

allowed. Fixed mooring piles or stakes are 

prohibited. The anchoring of vessels and the 

placing of temporary moorings is under the 

jurisdiction, and at the discretion, of the local 

Harbor Master, Hull, Mass. 

(m) Hingham Harbor Area 1. 

Beginning at position latitude 

42°15′39.3′′ N. longitude 70°53′22.1′′ W.; 

thence to latitude 42°15′53.8′′ N. 

longitude 70°53′30.1′′ W.; thence to 

latitude 42°15′56.3′′ N. longitude 

70°53′21.1′′ W.; thence to latitude 

42°15′42.3′′ N. longitude 70°53′13.1′′ W.; 

thence to point of beginning. [NAD83] 

(n) Hingham Harbor Area 2. 

Beginning at position latitude 

42°15′30.6′′ N. longitude 70°53′0.5′′ W.; 

thence to latitude 42°15′30.3′′ N. 

longitude 70°53′11.6′′ W.; thence to 

latitude 42°15′27.8′′ N. longitude 

70°53′16.1′′ W.; thence to latitude 

42°15′28.8′′ N. longitude 70°53′29.1′′ W.; 

thence to latitude 42°15′35.3′′ N. 

longitude 70°53′32.1′′ W.; thence to 

latitude 42°15′36.3′′ N. longitude 

70°53′34.6′′ W.; thence to latitude 

42°15′41.3′′ N. longitude 70°53′32.6.5′′ 

W.; thence to latitude 42°15′31.3′′ N. 

longitude 70°53′26.1′′ W.; thence to 

latitude 42°15′31.8′′ N. longitude 

70°53′01.1′′ W.; thence to point of 

beginning. [NAD83] 

(o) Hingham Harbor Area 3. 

Beginning at latitude 42°15′33.3′′ N. 

longitude 70°52′59.6′′ W.; thence to 

latitude 42°15′33.8′′ N. longitude 

70°53′17.1′′ W.; thence to latitude 

42°15′35.8′′ N. longitude 70°53′00.1′′ W.; 

thence to point of beginning. [NAD83] 

(p) Hingham Harbor Area 4. 

Beginning at position latitude 

42°14′47.3′′ N. longitude 70°53′07.6′′ W.; 

thence to latitude 42°14′48.8′′ N. 

longitude 70°53′9.6′′ W.; thence to 

latitude 42°14′54.3′′ N. longitude 

70°53′6.1′′ W.; thence to latitude 

42°14′56.9′′ N. longitude 70°52′56.6′′ W.; 

thence to point of beginning. [NAD83] 

(q) Hingham Harbor Area 5. 

Beginning at position latitude 

42°14′48.3′′ N. longitude 70°52′55.1′′ W.; 

thence to latitude 42°14′48.8′′ N. 

longitude 70°53′0.1′′ W.; thence to 

latitude 42°14′58.3′′ N. longitude 

70°52′49.1′′ W.; thence to latitude 

42°14′53.8′′ N. longitude 70°52′48.1′′ W.; 

thence to point of beginning. [NAD83] 

Note to paragraphs (m), (n), (o), (p) and 

(q): The areas will be principally for use by 

yachts and other recreational craft. 

Temporary floats or buoys for marking 

anchors will be allowed in the areas but fixed 

piles or stakes may not be placed. The 

anchoring of vessels and the placing of 

moorings will be under the jurisdiction of the 

local Harbor Master. 

■ 21. Amend § 110.55 by revising 

paragraphs (d)(1) through (d)(3) to read 

as follows: 

§ 110.155 Port of New York. 

* * * * * 

(d) Upper Bay—(1) Anchorage No. 

20–A. (i) All waters bound by the 

following points: latitude 40°42′06.9′′ 

N., longitude 074°02′18.0′′ W.; thence to 

latitude 40°42′05.4′′ N., longitude 

074°01′56.9′′ W.; thence to latitude 

40°41′54.9′′ N., longitude 074°01′57.7′′ 

W.; thence to latitude 40°41′54.0′′ N., 

longitude 074°02′12.0′′ W.; thence to 

latitude 40°41′54.4′′ N., longitude 

074°02′11.7′′ W.; thence to latitude 

40°41′57.5′′ N., longitude 074°02′07.5′′ 

W.; thence to latitude 40°42′06.1′′ N., 

longitude 074°02′19.1′′ W.; thence to the 

point of origin (NAD 83). 

(ii) See 33 CFR 110.155(d)(6), (d)(16), 

and (l). 

(2) Anchorage No. 20–B. (i) All waters 

bound by the following points: latitude 

40°41′46.2′′ N., longitude 074°02′23.0′′ 

W.; thence to latitude 40°41′42.4′′ N., 

longitude 074°02′00.5′′ W.; thence to 

latitude 40°41′35.7′′ N., longitude 

074°02′02.7′′ W.; thence to latitude 

40°41′30.3′′ N., longitude 074°02′06.3′′ 

W.; thence to latitude 40°41′41.9′′ N., 

longitude 074°02′29.2′′ W.; thence to the 

point of origin (NAD 83). 

(ii) See 33 CFR 110.155(d)(6), (d)(16), 

and (l). 

(3) Anchorage No. 20–C. (i) All waters 

bound by the following points: latitude 

40°41′42.4′′ N., longitude 074°02′41.5′′ 

W.; thence to latitude 40°41′25.8′′ N., 

longitude 074°02′09.2′′ W.; thence to 

latitude 40°41′02.1′′ N., longitude 

074°02′24.7′′ W.; thence to latitude 

40°41′09.4′′ N., longitude 074°02′40.0′′ 

W.; thence to latitude 40°41′13.3′′ N., 

longitude 074°02′41.5′′ W.; thence to 

latitude 40°41′15.8′′ N., longitude 

074°02′32.6′′ W.; thence to latitude 

40°41′25.3′′ N., longitude 074°02′29.1′′ 

W.; thence to latitude 40°41′33.0′′ N., 

longitude 074°02′44.5′′ W.; thence to 

latitude 40°41′32.5′′ N., longitude 

074°02′48.8′′ W.; thence to the point of 

origin (NAD 83). 

(ii) See 33 CFR 110.155(d)(6), (d)(16), 

and (l). 

* * * * * 

PART 133—OIL SPILL LIABILITY 

TRUST FUND; STATE ACCESS 

■ 22. The authority citation for part 133 

is revised to read as follows: 

Authority: 33 U.S.C. 2712(a)(1)(B), 2712(d) 

and 2712(e); Sec. 1512 of the Homeland 

Security Act of 2002, Pub. L. 107–296, Title 

XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. 

552(d)); E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351, as amended by E.O. 

13286, 68 FR 10619, 3 CFR, 2004 Comp., p. 

166; Department of Homeland Security 

Delegation No. 0170.1., para. 2(80). 

§ 133.3 [Amended] 

■ 23. In § 133.3(b), in the definition of 

‘‘NPFC’’, remove the address ‘‘U.S. 

Coast Guard National Pollution Funds 

Center, 4200 Wilson Boulevard, Suite 

1000, Arlington, Virginia 22203–1804’’ 

and add, in its place, the address, 

‘‘Director National Pollution Funds 

Center, NPFC MS 7100, U.S. Coast 

Guard, 4200 Wilson Blvd., Suite 1000, 

Arlington, VA 20598–7100’’. 

§ 133.25 [Amended] 

■ 24. In § 133.25(c), remove the address 

‘‘Chief, Case Management Division, 

National Pollution Funds Center, Suite 

1000, 4200 Wilson Boulevard, 

Arlington, Virginia 22203–1804’’ and 

add, in its place, the address, ‘‘Director 

National Pollution Funds Center, NPFC 

CM, MS 7100, U.S. Coast Guard, 4200 

Wilson Blvd., Suite 1000, Arlington, VA 

20598–7100’’. 

PART 135—OFFSHORE OIL 

POLLUTION COMPENSATION FUND 

■ 25. The authority citation for part 135 

continues to read as follows: 

Authority: 33 U.S.C. 2701–2719; E.O. 

12777, 56 FR 54757; Department of 

Homeland Security Delegation No. 0170.1, 

para. 2(80). 

§ 135.9 [Amended] 

■ 26. In § 135.9, remove the address 

‘‘U.S. Coast Guard National Pollution 

Funds Center, 4200 Wilson Boulevard, 

Suite 1000, Arlington, VA 22203–1804’’ 

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and add, in its place, the address, 

‘‘Director National Pollution Funds 

Center, NPFC MS 7100, U.S. Coast 

Guard, 4200 Wilson Blvd., Suite 1000, 

Arlington, VA 20598–7100’’. 

PART 136—OIL SPILL LIABILITY 

TRUST FUND; CLAIMS PROCEDURES; 

DESIGNATION OF SOURCE; AND 

ADVERTISEMENT 

■ 27. The authority citation for part 136 

is revised to read as follows: 

Authority: 33 U.S.C. 2713(e) and 2714; 

Sec. 1512 of the Homeland Security Act of 

2002, Pub. L. 107–296, Title XV, Nov. 25, 

2002, 116 Stat. 2310 (6 U.S.C. 552(d)); E.O. 

12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 

351, as amended by E.O. 13286, 68 FR 10619, 

3 CFR, 2004 Comp., p.166; Department of 

Homeland Security Delegation No. 0170.1, 

para. 2(80). 

§ 136.3 [Amended] 

■ 28. In § 136.3 remove ‘‘Director, 

National Pollution Funds Center, suite 

1000, 4200 Wilson Boulevard, 

Arlington, Virginia 22203–1804, (703) 

235–4756.’’ and add, in its place, 

‘‘Director National Pollution Funds 

Center, NPFC MS 7100, U.S. Coast 

Guard, 4200 Wilson Blvd., Suite 1000, 

Arlington, VA 20598–7100, (800) 280– 

7118’’. 

§ 136.5 [Amended] 

■ 29. In § 136.5(b), in the definition of 

NPFC, remove the address ‘‘U.S. Coast 

Guard, National Pollution Funds Center, 

suite 1000, 4200 Wilson Boulevard, 

Arlington, Virginia 22203–1804’’ and 

add, in its place, the address, ‘‘Director 

National Pollution Funds Center, NPFC 

MS 7100, U.S. Coast Guard, 4200 

Wilson Blvd., Suite 1000, Arlington, VA 

20598–7100’’. 

§ 136.101 [Amended] 

■ 30. In § 136.101(b), remove the 

address ‘‘National Pollution Funds 

Center, suite 1000, 4200 Wilson 

Boulevard, Arlington, Virginia 22203– 

1804’’ and add, in its place, the address, 

‘‘Director National Pollution Funds 

Center, NPFC MS 7100, U.S. Coast 

Guard, 4200 Wilson Blvd., Suite 1000, 

Arlington, VA 20598–7100’’. 

PART 137—OIL SPILL LIABILITY: 

STANDARDS FOR CONDUCTING ALL 

APPROPRIATE INQUIRIES UNDER 

THE INNOCENT LAND-OWNER 

DEFENSE 

■ 31. The authority citation for part 137 

is revised to read as follows: 

Authority: 33 U.S.C. 2703(d)(4); Sec. 1512 

of the Homeland Security Act of 2002, Pub. 

L. 107–296, Title XV, Nov. 25, 2002, 116 Stat. 

2310 (6 U.S.C. 552(d)); Department of 

Homeland Security Delegation No. 14000. 

■ 32. Revise § 137.15 to read as follows: 

§ 137.15 References: Where can I get a 

copy of the publication mentioned in this 

part? 

Section 137.20 of this part refers to 

ASTM E 1527–05, Standard Practice for 

Environmental Site Assessments: Phase 

I Environmental Site Assessment 

Process. That document is available 

from ASTM International, 100 Barr 

Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959. It is 

also available for inspection at the Coast 

Guard National Pollution Funds Center, 

Law Library, 4200 Wilson Boulevard, 

Suite 1000, Arlington, VA. 

PART 138—FINANCIAL 

RESPONSIBILITY FOR WATER 

POLLUTION (VESSELS) AND OPA 90 

LIMITS OF LIABILITY (VESSELS AND 

DEEPWATER PORTS) 

■ 33. The authority citation for part 138 

continues to read as follows: 

Authority: 33 U.S.C. 2716, 2716a; 42 U.S.C. 

9608, 9609; Sec. 1512 of the Homeland 

Security Act of 2002, Pub. L. 107–296, Title 

XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. 

552); E.O. 12580, Sec. 7(b), 3 CFR, 1987 

Comp., p. 198; E.O. 12777, 3 CFR, 1991 

Comp., p. 351; E.O. 13286, Sec. 89 (68 FR 

10619, Feb. 28, 2003); Department of 

Homeland Security Delegation Nos. 0170.1 

and 5110. Section 138.30 also issued under 

the authority of 46 U.S.C. 2103, 46 U.S.C. 

14302. 

§ 138.45 [Amended] 

■ 34. In § 138.45(a), remove the address 

‘‘U.S. Coast Guard, National Pollution 

Funds Center (Cv), 4200 Wilson 

Boulevard, Suite 1000, Arlington, VA 

22203–1804’’ and add, in its place, the 

address, ‘‘Director National Pollution 

Funds Center, NPFC CV MS 7100, U.S. 

Coast Guard, 4200 Wilson Blvd., Suite 

1000, Arlington, VA 20598–7100’’. 

PART 155—OIL OR HAZARDOUS 

MATERIAL POLLUTION PREVENTION 

REGULATION FOR VESSELS 

■ 35. The authority citation for part 155 

continues to read as follows: 

Authority: 33 U.S.C. 1231, 1321(j); E.O. 

11735, 3 CFR, 1971–1975 Comp., p. 793. 

Sections 155.100 through 155.130, 150.350 

through 155.400, 155.430, 155.440, 155.470, 

155.1030(j) and (k), and 155.1065(g) are also 

issued under 33 U.S.C. 1903(b). Sections 

155.480, 155.490, 155.750(e), and 155.775 are 

also issued under 46 U.S.C. 3703. Section 

155.490 also issued under section 4110(b) of 

Pub. L. 101–380. Sections 155.110–155.130, 

155.350–155.400, 155.430, 155.440, 155.470, 

155.1030 (j) and (k), and 155.1065(g) also 

issued under 33 U.S.C. 1903(b); and 

§§ 155.1110–155.1150 also issued under 33 

U.S.C. 2735. 

§ 155.1130 [Amended] 

■ 36. In § 155.1130(h), remove the 

phrase ‘‘§ 155.1050(l)’’ and add, in its 

place, the phrase ‘‘Subpart I of this 

part’’. 

PART 157-—RULES FOR THE 

PROTECTION OF THE MARINE 

ENVIRONMENT RELATING TO TANK 

VESSELS CARRYING OIL IN BULK 

■ 37. The authority citation for part 157 

continues to read as follows: 

Authority: 33 U.S.C. 1903; 46 U.S.C. 3703, 

3703a (note); 49 CFR 1.46. Subparts G, H, and 

I are also issued under section 4115(b), Pub. 

L. 101–380, 104 Stat. 520; Pub. L. 104–55, 

109 Stat. 546. 

§ 157.22 [Amended] 

■ 38. In § 157.22, remove the phrase 

‘‘Regulation 25A’’ and add, in its place, 

the phrase ‘‘Regulation 27’’. 

PART 161—VESSEL TRAFFIC 

MANAGEMENT 

■ 39. The authority citation for part 161 

continues to read as follows: 

Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 

70114, 70119; Pub. L. 107–295, 116 Stat. 

2064; Department of Homeland Security 

Delegation No. 0170.1. 

§ 161.40 [Amended] 

■ 40. In § 161.40— 

■ a. In paragraph (b), remove the phrase 

‘‘Southern Pacific Railroad Bridge’’ and 

add, in its place, the phrase ‘‘Burlington 

Northern/Santa Fe Railroad Bridge’’. 

■ b. In Table 161.40(c), remove the 

phrase ‘‘South Pacific Railroad Bridge’’ 

and add, in its place, the phrase 

‘‘Burlington Northern/Santa Fe Railroad 

Bridge’’. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 41. 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(g), 6.04–1, 6.04–6, 160.5; Pub. 

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

Homeland Security Delegation No. 0170.1. 

§ 165.116 [Amended] 

■ 42. In § 165.116, remove paragraph (b) 

and redesignate paragraph (c) as 

paragraph (b). 

§ 165.120 [Amended] 

■ 43. In § 165.120, revise paragraphs (a) 

and (b)(4) introductory text to read 

follows: 

§ 165.120 Safety Zone: Chelsea River, 

Boston Inner Harbor, Boston, MA. 

(a) Location. The following area is a 

safety zone: The waters of the Chelsea 

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River, Boston Inner Harbor, for 100 

yards upstream and downstream of the 

center of the Chelsea Street Draw span 

(in the approximate position of latitude 

42°23′10.3′′ N., longitude 71°01′21.2′′ 

W.). [NAD83]. 

* * * * * 

(b) * * * 

(4) Restrictions when the Chelsea 

River channel is obstructed by vessel(s) 

moored at the Northeast Petroleum 

Terminal located downstream of the 

Chelsea Street Bridge on the Chelsea, 

MA side of the Chelsea River—hereafter 

referred to as the Jenny Dock 

(approximate position latitude 

42°23′05.2′′ N., longitude 71°01′35.8′′ 

W.)—or the Mobile Oil Terminal located 

on the East Boston Side of the Chelsea 

River downstream of the Chelsea Street 

Bridge (approximate position latitude 

42°23′04.9′′ N., longitude 71°01′28.52′′ 

W.): [NAD83]. 

* * * * * 

§ 165.1407 [Amended] 

■ 44. In § 165.1407(c)(2), following the 

numbers ‘‘(808) 842–2600’’ add ‘‘and 

(808) 842–2601, fax (808) 842–2624’’. 

PART 169—SHIP REPORTING 

SYSTEMS 

■ 45. The authority citation for part 169 

continues to read as follows: 

Authority: 33 U.S.C. 1230(d), Department 

of Homeland Security Delegation No. 0170.1. 

§ 169.1 [Amended] 

■ 46. In § 169.1, add a note at the end 

of the current section to read as follows: 

§ 169.1 What is the purpose of this part? 

* * * * * 

Note to § 169.1: For ship reporting system 

requirements not established by the Coast 

Guard, see 50 CFR Part 404. 

Dated: June 3, 2009. 

Stefan G. Venckus, 

Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard. 

[FR Doc. E9–13370 Filed 6–9–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0415] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, New 

Smyrna Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Seventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Coronado 

Beach Bridge (SR 44) across the Atlantic 

Intracoastal Waterway, mile 854, at New 

Smyrna Beach, FL. The deviation is 

necessary to repair the bridge. This 

deviation allows the bridge to remain 

closed to navigation during the 

deviation period. 

DATES: This deviation is effective from 

6 a.m. on June 30, 2009 through 6 a.m. 

on July 3, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0415 and are available online by going 

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

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0415 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. Michael Lieberum, Bridge 

Branch, Seventh Coast Guard District, 

telephone 305–415–6744, e-mail 

Michael.b.lieberum@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: M&J 

Construction Company of behalf of the 

bridge owner, Florida Department of 

Transportation (FDOT), has requested a 

deviation to the regulation of the 

Coronado Beach/George C. Musson (SR 

44) Bridge across the Atlantic 

Intracoastal Waterway, mile 854.0, New 

Smyrna, FL. The bridge provides a 

vertical clearance of 24 feet in the 

closed position. As required by 33 CFR 

117.261(h), the bridge shall open on 

signal, except that from 7 a.m. until 7 

p.m., each day of the week, the draw 

need only open on the hour, twenty 

minutes past the hour and forty minutes 

past the hour. The deviation is from 6 

a.m. on June 30, 2009 through 6 a.m. on 

July 3, 2009. During the deviation this 

bridge will remain closed to navigation. 

Vessels not requiring an opening may 

pass at any time. This action is 

necessary because the bridge will be 

inoperable in a jacked-up state to 

perform repairs. The action will affect 

all vessels requiring an opening during 

this time period. Vessels unable to 

transit through this area may transit via 

an ocean route or schedule their transit 

prior to or after the repair work is 

completed. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: May 26, 2009. 

R.S. Branham, 

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

Coast Guard Seventh District. 

[FR Doc. E9–13640 Filed 6–9–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2006–0004; FRL–8900–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to provisions in the 

Clean Air Act (Act) which allow EPA to 

correct State Implementation Plan (SIP) 

actions made in error, EPA is taking 

final action to correct an error in part of 

its June 12, 2006 approval of an 

amendment to Indiana’s ozone SIP. In 

today’s action, EPA is rescinding its 

approval of the inclusion of the state’s 

codified definition of hazardous air 

pollutant (HAP) in Indiana’s ozone SIP. 

DATES: This final rule is effective on July 

10, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2006–0004. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

mstockstill on PROD1PC66 with RULES