29420 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules and Regulations 

PART 45—REMOVAL OF TOBACCO 

PRODUCTS AND CIGARETTE PAPERS 

AND TUBES, WITHOUT PAYMENT OF 

TAX, FOR USE OF THE UNITED 

STATES 

■ 46. The authority citation for part 45 

is revised to read as follows: 

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

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

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

■ 47. In § 45.11, 

■ a. The definition of ‘‘Roll-your-own 

tobacco’’ is amended by adding at the 

end before the period the words ‘‘or 

cigars, or for use as wrappers thereof’’; 

and 

■ b. The definition of ‘‘Package’’ is 

revised to read as follows: 

§ 45.11 Meaning of terms. 

* * * * * 

Package. The immediate container in 

which tobacco products, processed 

tobacco, or cigarette papers or tubes are 

put up by the manufacturer and offered 

for sale or delivery to the ultimate 

consumer. For purposes of this 

definition, a container of processed 

tobacco, the contents of which weigh 10 

pounds or less (including any added 

non-tobacco ingredients or 

constituents), that is removed within the 

meaning of this part, is deemed to be a 

package offered for sale or delivery to 

the ultimate consumer. 

* * * * * 

§ 45.45a [Amended] 

■ 48. In § 45.45a, paragraph (a) is 

amended by removing the last sentence. 

■ 49. In § 45.45b, paragraph (a) and the 

Office of Management and Budget 

control number reference at the end are 

revised to read as follows: 

§ 45.45b Notice for roll-your-own tobacco. 

(a) Product designation. Every 

package of roll-your-own tobacco, before 

removal subject to tax, must have 

adequately imprinted on it, or on a label 

securely affixed to it, the applicable 

designation ‘‘roll-your-own tobacco’’, 

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

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

* * * * * 

(Approved by the Office of Management and 

Budget under control number 1513–0091) 

■ 50. Section 45.45c is revised to read 

as follows: 

§ 45.45c Package use-up rule. 

(a) A manufacturer of pipe tobacco or 

roll-your-own tobacco may remove 

packages of such products bearing the 

designation ‘‘Tax Class L’’ (to designate 

pipe tobacco) or ‘‘Tax Class J’’ (to 

designate roll-your-own tobacco) only if 

such packages were in use prior to April 

1, 2009, and such manufacturer may 

continue to remove packages bearing 

those designations until July 1, 2009. 

(b) A manufacturer may, until August 

1, 2009, remove roll-your-own tobacco 

for which the applicable designation is 

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

‘‘cigar wrapper’’ even if the packages of 

such products do not meet the 

requirements of § 40.216(b). 

Signed: April 15, 2009. 

John J. Manfreda, 

Administrator. 

Approved: May 26, 2009. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. E9–14546 Filed 6–19–09; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972 

AGENCY: Department of the Navy, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Navy 

is amending its certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS), to reflect that 

the Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law) 

has determined that USS 

INDEPENDENCE (LCS 2) is a vessel of 

the Navy which, due to its special 

construction and purpose, cannot fully 

comply with certain provisions of the 72 

COLREGS without interfering with its 

special function as a naval ship. The 

intended effect of this rule is to warn 

mariners in waters where 72 COLREGS 

apply. 

DATES: This rule is effective June 22, 

2009 and is applicable beginning June 

11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander Ted Cook, 

JAGC, U.S. Navy, Admiralty Attorney, 

(Admiralty and Maritime Law), Office of 

the Judge Advocate General, Department 

of the Navy, 1322 Patterson Ave., SE., 

Suite 3000, Washington Navy Yard, DC 

20374–5066, telephone number: 202– 

685–5040. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the Department of the Navy 

amends 32 CFR part 706. 

This amendment provides notice that 

the Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law), 

under authority delegated by the 

Secretary of the Navy, has certified that 

USS INDEPENDENCE (LCS 2) is a vessel 

of the Navy which, due to its special 

construction and purpose, cannot fully 

comply with the following specific 

provisions of 72 COLREGS without 

interfering with its special function as a 

naval ship: Annex I paragraph 2 (a)(i), 

pertaining to the location of the forward 

masthead light at a height not less than 

12 meters above the hull; Annex I, 

paragraph 3(a), pertaining to the 

location of the forward masthead light 

in the forward quarter of the ship, and 

the horizontal distance between the 

forward and after masthead lights; 

Annex I, paragraph 2(f)(i), pertaining to 

the placement of the masthead light or 

lights above and clear of all other lights 

and obstructions; Annex I, paragraph 

3(c), pertaining to the task light’s 

horizontal distance from the fore and aft 

centerline of the vessel in the 

athwartship direction; and Rule 21(a), 

pertaining to the arc of visibility of the 

aft masthead light. The Deputy Assistant 

Judge Advocate General (Admiralty and 

Maritime Law) has also certified that the 

lights involved are located in closest 

possible compliance with the applicable 

72 COLREGS requirements. 

Moreover, it has been determined, in 

accordance with 32 CFR parts 296 and 

701, that publication of this amendment 

for public comment prior to adoption is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on technical findings that the 

placement of lights on this vessel in a 

manner differently from that prescribed 

herein will adversely affect the vessel’s 

ability to perform its military functions. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

■ For the reasons set forth in the 

preamble, the Navy amends part 706 of 

title 32 of the Code of Federal 

Regulations as follows: 

PART 706—CERTIFICATIONS AND 

EXEMPTIONS UNDER THE 

INTERNATIONAL REGULATIONS FOR 

PREVENTING COLLISIONS AT SEA, 

1972 

■ 1. The authority citation for part 706 

continues to read as follows: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2 is amended as 

follows: 


erowe on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules and Regulations 29421 

■ A. In Table One by adding, in alpha 

numerical order by vessel number, an 

entry for USS INDEPENDENCE (LCS 2); 

■ B. In Table Four, Paragraph 15 by 

adding, in alpha numerical order by 

vessel number, an entry for USS 

INDEPENDENCE (LCS 2); 

■ C. In Table Four, Paragraph 16 by 

adding, in alpha numerical order by 

vessel number, an entry for USS 

INDEPENDENCE (LCS 2); and 

■ D. In Table Five by adding, in alpha 

numerical order by vessel number, an 

entry for USS INDEPENDENCE (LCS 2). 

■ The additions read as follows: 

§ 706.2 Certifications of the Secretary of 

the Navy Under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE ONE

Vessel Number 

Distance in meters of 

forward masthead 

light below minimum 

required height. 

§ 2(a)(i) Annex I 

* * * * * * * 

USS INDEPENDENCE ......................................................... LCS 2 .................................................................................... 4.91 

* * * * * * * 

* * * * * Table Four 

* * * * * 

15. * * * 

Vessel Number 

Horizontal distance 

from the fore and 

aft centerline of the 

vessel in the 

athwart-ship 

direction 

* * * * * * * 

USS INDEPENDENCE ........................................................... LCS 2 ..................................................................................... 1.31 meters. 

* * * * * * * 

* * * * * 16. * * * 

Vessel Number 

Obstruction angle 

relative ship’s 

headings 

* * * * * * * 

USS INDEPENDENCE ........................................................... LCS 2 ..................................................................................... 71° thru 73°. 

76° thru 78°. 

287° thru 289°. 

* * * * * * * 

* * * * * 

TABLE FIVE

Vessel Number 

Masthead lights 

not over all other 

lights and 

obstructions. 

Annex I, sec. 2(f) 

Forward 

masthead light not 

in forward quarter 

of ship. Annex I, 

sec. 3(a) 

After masthead 

light less than 1⁄2

ship’s length aft of 

forward masthead 

light. 

Annex I, sec. 3(a) 

Percentage 

horizontal 

separation 

attained 

* * * * * * * 

USS INDEPENDENCE ........................... LCS 2 .............................. X X 18.8 

* * * * * * * 


erowe on PROD1PC63 with RULES
29422 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules and Regulations 

* * * * * 

Approved: June 11, 2009. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law). 

[FR Doc. E9–14526 Filed 6–19–09; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0449] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Mermentau River, Mile 68.0, at 

Mermentau, Acadia and Jefferson 

Davis Parishes, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the BNSF 

Swing Bridge across the Mermentau 

River, mile 68.0, in Mermentau, Acadia 

and Jefferson Davis Parishes, Louisiana. 

The deviation is necessary to repair the 

pinion gear that turns the center pivot 

pier of the bridge. This deviation allows 

the bridge to remain closed for 34 hours 

to accomplish the work. 

DATES: This deviation is effective from 

5 a.m. on June 29, 2009 until 5 p.m. on 

June 30, 2009. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

0449 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–2009–0414 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 David M. Frank, Bridge 

Administration Branch, Coast Guard; 

telephone 504–671–2128, e-mail 

David.M.Frank@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The BNSF 

Railway Company has requested a 

temporary deviation from the operating 

schedule of the BNSF Swing Bridge 

across the Mermentau River, mile 68.0, 

in Mermentau, Acadia and Jefferson 

Davis Parishes, Louisiana. The closure 

is necessary to allow for repairs to the 

bridge. 

Presently, the bridge opens on signal 

for the passage of vessels. This deviation 

will allow the bridge to remain in the 

closed-to-navigation position from 7 

a.m. on Monday, June 29, 2009 until 5 

p.m. on Tuesday, June 30, 2009. 

Navigation on the waterway consists of 

tugs with tows, fishing vessels and 

recreational craft. Due to prior 

experience and coordination with 

waterway users it has been determined 

that this closure will not have a 

significant effect on these vessels. 

The vertical clearance of the swing 

bridge in the closed-to-navigation 

position is 10.0 feet and unlimited in 

the open-to-navigation position. No 

alternate routes are available. As this 

work is proposed during hurricane 

season, if any storms are in the Gulf of 

Mexico, the work may be postponed and 

rescheduled. 

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 28, 2009. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. E9–14550 Filed 6–19–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG 2009–0408] 

Safety Zone; Independence Day 

Celebration for the City of San 

Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Independence Day Celebration for 

the City of San Francisco Fireworks 

safety zone from 11 a.m. through 10 

p.m. on July 4, 2009. The fireworks will 

be fired simultaneously from two 

separate locations: Location 1 will be 

held 1,000 feet from Pier 39 in position 

37° 48.710′ N and 122° 24.464′ W on 

July 4, 2009 and Location 2 will be fired 

from the Municipal Pier in Aquatic park 

in position 37° 48.611′ N and 122° 

25.532′ W on July 4, 2009. This action 

is necessary to control vessel traffic and 

to ensure the safety of event participants 

and spectators. During the enforcement 

period, unauthorized persons or vessels 

are prohibited from entering into, 

transiting through, or anchoring in the 

safety zone, unless authorized by the 

Patrol Commander (PATCOM). 

DATES: The regulations in 33 CFR 

165.1191 will be enforced from 11 a.m. 

through 10 p.m. on July 4, 2009. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail Lieutenant Junior Grade 

Simone Mausz, U.S. Coast Guard, 

Waterways Safety Division; telephone 

415–399–7442, e-mail 

simone.mausz@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Independence 

Day Celebration for the City of San 

Francisco Fireworks safety zone from 11 

a.m. through 10 p.m. on July 4, 2009. 

The fireworks will be fired 

simultaneously from two separate 

locations: Location 1 will be held 1,000 

feet from Pier 39 in position 37° 48.710′ 

N and 122° 24.464′ W on July 4, 2009 

and Location 2 will be fired from the 

Municipal Pier in Aquatic Park in 

position 37° 48.611′ N and 122° 25.532′ 

W on July 4, 2009. 

For Location 1, during the loading of 

the fireworks barge, while the barge is 

being towed to the display location, and 

until the start of the fireworks display, 

the safety zone applies to the navigable 

waters around and under the fireworks 

barge within a radius of 100 feet. Fifteen 

minutes before and during the twenty 

minute fireworks display, the area to 

which this safety zone applies will 

increase in size to encompass the 

navigable waters around and under the 

fireworks barge within a radius of 1,000 

feet. Loading of the pyrotechnics onto 

the fireworks barge is scheduled to 

commence at 11 a.m. on July 4, 2009, 

and will take place at Pier 50 in San 

Francisco. Towing of the barge from Pier 

50 to the display location is scheduled 

to take place on July 4, 2009 at 8 p.m. 

During the fireworks display, scheduled 

to start at approximately 9:30 p.m., the 

fireworks barge will be located 

approximately 1,000 feet off of Pier 39 

in position 37° 48.710′ N, 122° 24.464′ 

W (NAD 83). This safety zone will be in 


erowe on PROD1PC63 with RULES