Navigation and Navigable Waters; Technical, Organizational and Conforming Amendments, 27435-27442 [E9-13370]

Download as PDF Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations (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. Dated: June 3, 2009. Adam J. Szubin, Director, Office of Foreign Assets Control. [FR Doc. E9–13523 Filed 6–9–09; 8:45 am] 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. Coast Guard mstockstill on PROD1PC66 with RULES (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. VerDate Nov<24>2008 14:06 Jun 09, 2009 Jkt 217001 BILLING CODE 4811–45–P DEPARTMENT OF HOMELAND SECURITY 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 Coast Guard, DHS. Final rule. AGENCY: ACTION: 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. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 27435 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/ E:\FR\FM\10JNR1.SGM 10JNR1 27436 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 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. mstockstill on PROD1PC66 with RULES 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. VerDate Nov<24>2008 14:06 Jun 09, 2009 Jkt 217001 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. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 E:\FR\FM\10JNR1.SGM 10JNR1 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 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 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 1 Administrative practice and procedure, Authority delegations (Government agencies), Freedom of information, Penalties. 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. 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 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 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. PART 1—GENERAL PROVISIONS 33 CFR Part 110 ■ Subpart 1.05—Rulemaking 1. The authority citation for subpart 1.05 continues to read as follows: 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. mstockstill on PROD1PC66 with RULES 33 CFR Part 136 33 CFR Part 137 Claims, Oil pollution, Penalties, Reporting and recordkeeping requirements. 14:06 Jun 09, 2009 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. * Administrative practice and procedure, Advertising, Claims, Oil pollution, Penalties, Reporting and recordkeeping requirements. VerDate Nov<24>2008 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. Jkt 217001 * * * * (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: * * * * * PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 27437 (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 E:\FR\FM\10JNR1.SGM 10JNR1 27438 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 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 § 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. ■ ■ [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 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). [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’’. § 100.906 PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS PART 110—ANCHORAGE REGULATIONS 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: mstockstill on PROD1PC66 with RULES § 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 VerDate Nov<24>2008 14:06 Jun 09, 2009 Jkt 217001 [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’’. ■ 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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. E:\FR\FM\10JNR1.SGM 10JNR1 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 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 Mass. Lynn Harbor in Broad Sound, 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: mstockstill on PROD1PC66 with RULES § 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; VerDate Nov<24>2008 16:46 Jun 09, 2009 Jkt 217001 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. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 27439 (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 E:\FR\FM\10JNR1.SGM 10JNR1 27440 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 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]. mstockstill on PROD1PC66 with RULES 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] VerDate Nov<24>2008 14:06 Jun 09, 2009 Jkt 217001 (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 * * * * (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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 Port of New York. * 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). * * * * * [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’’ ■ E:\FR\FM\10JNR1.SGM 10JNR1 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 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: mstockstill on PROD1PC66 with RULES ■ 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. VerDate Nov<24>2008 14:06 Jun 09, 2009 Jkt 217001 ■ 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) § 155.1130 27441 [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’’. ■ ■ 33. The authority citation for part 138 continues to read as follows: PART 161—VESSEL TRAFFIC MANAGEMENT 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. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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 E:\FR\FM\10JNR1.SGM 10JNR1 27442 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 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] mstockstill on PROD1PC66 with RULES BILLING CODE 4910–15–P VerDate Nov<24>2008 14:06 Jun 09, 2009 Jkt 217001 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 Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 E:\FR\FM\10JNR1.SGM 10JNR1

Agencies

[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Rules and Regulations]
[Pages 27435-27442]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13370]


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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.

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SUMMARY: This rule makes non-substantive 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/

[[Page 27436]]

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

[[Page 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.

0
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

0
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.


0
2. In Sec.  1.05-1--
0
a. Revise paragraphs (e)(1) introductory text and (f) as set out below.
0
b. Add new paragraphs (e)(1)(vi) and (i) to read as set out below.


Sec.  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

0
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.


Sec.  25.111  [Amended]

0
4. Revise Sec.  25.211(b) introductory text to read as follows:


Sec.  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

0
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.


0
6. Revise Sec.  66.01-1(a) to read as follows:


Sec.  66.01-1  Basic provisions.

    (a) The Uniform State Waterway Marking System's (USWMS) aids to 
navigation provisions for marking channels and obstructions (see Sec.  
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

[[Page 27438]]

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

0
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).


Sec.  70.05-5  [Amended]

0
8. In Sec.  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

0
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.


Sec.  72.01-10  [Amended]

0
10. In Sec.  72.01-10(a)(1), remove the phrase ``National Imagery and 
Mapping Agency'' and add, in its place, the phrase ``National 
Geospatial-Intelligence Agency''.


Sec.  72.01-25  [Amended]

0
11. In Sec.  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

0
12. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.


0
13. Revise Sec.  100.35 to read as follows:


Sec.  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).


Sec.  100.114  [Amended]

0
14. In Sec.  100.114--
0
a. In paragraph (a), remove the word ``year'' and add, in its place, 
the word ``yard''.
0
b. In the Fireworks Display Table, remove table entries Massachusetts 
6.3 and Massachusetts 7.1.
0
c. Redesignate Fireworks Display Table entries 7.2 through 7.42 as the 
new 7.1 through 7.41 respectively.


Sec.  100.906  [Amended]

0
15. In Sec.  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

0
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.


0
17. Revise Sec.  110.25 to read as follows:


Sec.  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[deg] true to position latitude 42[deg]32'14.3'' 
N., longitude 70[deg]52'24.17'' W.; thence north 275 yards to Monument 
Bar Beacon thence 540 yards bearing 080[deg] to position latitude 
42[deg]32'25.3'' N., longitude 70[deg]52'2.1'' W., thence 365 yards 
bearing 175[deg] to position latitude 42[deg]32'14.3'' N., longitude 
70[deg]52'1.1'' W.; thence 237[deg] 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[deg]31'08.6'' N., 
longitude 70[deg]50'32.8'' W.; thence westerly to a point, at position 
latitude 42[deg]31'21.9'' N., longitude 70[deg]51'15.1'' W. off Fluen 
Point; thence westerly to a point at latitude 42[deg]31'19.3'' N., 
longitude 70[deg]51'47.4'' W. off Naugus Head; thence southwesterly to 
a point at latitude 42[deg]31'00.3'' N., longitude 70[deg]51'16.6'' W. 
east of Folger Point; thence to a point at latitude 42[deg]30'38.3'' 
N., longitude 70[deg]52'34.6'' W.; thence easterly to a point on Long 
Point at latitude 42[deg]30'52.6'' N., longitude 70[deg]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[deg], 1,400 yards to 
latitude 42[deg]32[min]29.7[sec] N., 70[deg]51[min]32.1[sec] W.; thence 
284[deg], 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[deg], 580 yards to 
latitude 42[deg]32[min]14.5[sec] N., longitude 70[deg]52[min]46.3[sec] 
W.; thence 284[deg], 220 yards to latitude 42[deg]32[min]16[sec] N., 
longitude 70[deg]52[min]55[sec] W.; thence 231[deg], 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[deg] from Marblehead Neck Light to 
a point on Peach Point at latitude 42[deg]31[min]03[sec] N., longitude 
70[deg]50[min]30[sec] 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.

[[Page 27439]]

The anchoring of vessels and the placing of temporary moorings are 
under the jurisdiction and at the direction of the local 
harbormaster.


0
18. Add a new Sec.  110.27 to read as follows:


Sec.  110.27  Lynn Harbor in Broad Sound, Mass.

    North of a line bearing 244[deg] 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[deg], 
extending thence to a point 100 feet east of the northeast corner of 
the turning basin; south of a line bearing 88[deg], extending thence to 
the shore; and south and west of the shoreline to its intersection with 
the south boundary.

0
19. Add a new Sec.  110.29 to read as follows:


Sec.  110.29  Boston Inner Harbor, Mass.

    (a) Vicinity of Pleasant Park Yacht Club, Winthrop. Southerly of a 
line bearing 276[deg] 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[deg] 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[deg] 
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[deg] 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[deg]23[min]08.5[sec] N. 071[deg]02[min]48.2[sec] W. to a point at 
latitude 42[deg]23[min]06.4[sec] N. 071[deg]02[min]43.7[sec] W.; thence 
northwest to a point at latitude 42[deg]23[min]09.1[sec] N. 
071[deg]02[min]43.2[sec] 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[deg]23[min]08.8[sec] N. 071[deg]02[min]48.6[sec] W. to a point at 
latitude 42[deg]23[min]10.5[sec] N. 071[deg]05[min]52[sec] W.; thence 
northwest to the southeasterly corner of the pier at latitude 
42[deg]23[min]13.4[sec] N. 071[deg]02[min]57.1[sec] 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[deg]21[min]32[sec] N., longitude 071[deg]02[min]50[sec] W; thence to 
latitude 42[deg]21[min]33[sec] N., longitude 071[deg]02[min]44[sec] W.; 
thence to latitude 42[deg]21[min]26[sec] N., longitude 
071[deg]02[min]36[sec] W.; thence to latitude 42[deg]21[min]26[sec] N., 
longitude 071[deg]02[min]53[sec] 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.


0
20. Revise Sec.  110.30 to read as follows:


Sec.  110.30  Boston Harbor, Mass.

    (a) Vicinity of South Boston Yacht Club, South Boston. Northerly of 
a line bearing 96[deg] from the stack of the heating plant of the 
Boston Housing Authority in South Boston; easterly of a line bearing 
5[deg] 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[deg] 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[deg] from the stack of the old power plant of the 
Boston Elevated Railway on Freeport Street in Dorchester; westerly of a 
line bearing 163[deg] 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[deg] from the stack located a short distance 
northwestward of the Dorchester Yacht Club; southward of a line bearing 
294[deg] 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[deg]30[min] 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[deg]15[min] 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[deg], 3,510 yards, from the 
stack of the pumping station on Nut Island, and extending thence 
306[deg] to the shore; west of a line bearing 190[deg] 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[deg]16[min]46.9[sec] N. 
70[deg]57[min]12.5[sec] W. to position latitude 42[deg]16[min]48.8[sec] 
N. 70[deg]57[min]5.5[sec] W.; thence to latitude 42[deg]16[min]31[sec] 
N. 70[deg]56[min]23.1[sec] W. to the northerly end of Raccoon Island at 
position latitude 42[deg]15[min]48[sec] N. 70[deg]56[min]43.4[sec] W.; 
thence along the western shoreline of Raccoon Island to the point 
latitude 42[deg]15[min]46.4'' N. 70[deg]56[min]55.4[sec] W.; thence to 
latitude 42[deg]15[min]43[sec] N. 70[deg]57[min]5.8[sec] 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[deg] 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[deg] 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[deg]15[min]05[sec] N., longitude 70[deg]57[min]26[sec] W.; thence to 
latitude 42[deg]15[min]00[sec] N., longitude 70[deg]57[min]26[sec] W.; 
thence to latitude 42[deg]15[min]15[sec] N., longitude 
70[deg]56[min]50[sec] W.; thence to latitude 42[deg]15[min]18[sec] N., 
longitude 70[deg]56[min]50[sec] 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[deg]30[min] 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[deg]18[min]15.3[sec] N. 
70[deg]53[min]44.1[sec] W.; thence due east to latitude 
42[deg]18[min]15.3[sec] N. longitude 70[deg]53[min]27.6[sec] W.; thence 
due south to latitude 42[deg]18[min]07.8[sec] N. longitude

[[Page 27440]]

70[deg]53[min]27.6[sec] W.; thence due west to latitude 
42[deg]18[min]07.8[sec] N. longitude 70[deg]53[min]44.1[sec] 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[deg]17[min]50.8[sec] N. longitude 
70[deg]54[min]05.1[sec] W.; thence due east to latitude 
42[deg]17[min]50.8[sec] N. longitude 70[deg]53[min]27.6[sec] W.; thence 
due south to latitude 42[deg]17[min]30.3[sec] N. longitude 
70[deg]53[min]27.6[sec] W.; thence due west to latitude 
42[deg]17[min]30.3[sec] N. longitude 70[deg]54[min]5.1[sec] 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[deg]17'22.3'' N. longitude 
70[deg]54'5.1'' W.; thence due east to latitude 42[deg]17'22.3'' N. 
longitude 70[deg]53'15.6'' W.; thence due south to latitude 
42[deg]17'01.3'' N. longitude 70[deg]53'15.6'' W.; thence due west to 
latitude 42[deg]17'01.3'' N. longitude 70[deg]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[deg]15'39.3'' N. longitude 70[deg]53'22.1'' W.; thence to latitude 
42[deg]15'53.8'' N. longitude 70[deg]53'30.1'' W.; thence to latitude 
42[deg]15'56.3'' N. longitude 70[deg]53'21.1'' W.; thence to latitude 
42[deg]15'42.3'' N. longitude 70[deg]53'13.1'' W.; thence to point of 
beginning. [NAD83]
    (n) Hingham Harbor Area 2. Beginning at position latitude 
42[deg]15'30.6'' N. longitude 70[deg]53'0.5'' W.; thence to latitude 
42[deg]15'30.3'' N. longitude 70[deg]53'11.6'' W.; thence to latitude 
42[deg]15'27.8'' N. longitude 70[deg]53'16.1'' W.; thence to latitude 
42[deg]15'28.8'' N. longitude 70[deg]53'29.1'' W.; thence to latitude 
42[deg]15'35.3'' N. longitude 70[deg]53'32.1'' W.; thence to latitude 
42[deg]15'36.3'' N. longitude 70[deg]53'34.6'' W.; thence to latitude 
42[deg]15'41.3'' N. longitude 70[deg]53'32.6.5'' W.; thence to latitude 
42[deg]15'31.3'' N. longitude 70[deg]53'26.1'' W.; thence to latitude 
42[deg]15'31.8'' N. longitude 70[deg]53'01.1'' W.; thence to point of 
beginning. [NAD83]
    (o) Hingham Harbor Area 3. Beginning at latitude 42[deg]15'33.3'' 
N. longitude 70[deg]52'59.6'' W.; thence to latitude 42[deg]15'33.8'' 
N. longitude 70[deg]53'17.1'' W.; thence to latitude 42[deg]15'35.8'' 
N. longitude 70[deg]53'00.1'' W.; thence to point of beginning. [NAD83]
    (p) Hingham Harbor Area 4. Beginning at position latitude 
42[deg]14'47.3'' N. longitude 70[deg]53'07.6'' W.; thence to latitude 
42[deg]14'48.8'' N. longitude 70[deg]53'9.6'' W.; thence to latitude 
42[deg]14'54.3'' N. longitude 70[deg]53'6.1'' W.; thence to latitude 
42[deg]14'56.9'' N. longitude 70[deg]52'56.6'' W.; thence to point of 
beginning. [NAD83]
    (q) Hingham Harbor Area 5. Beginning at position latitude 
42[deg]14'48.3'' N. longitude 70[deg]52'55.1'' W.; thence to latitude 
42[deg]14'48.8'' N. longitude 70[deg]53'0.1'' W.; thence to latitude 
42[deg]14'58.3'' N. longitude 70[deg]52'49.1'' W.; thence to latitude 
42[deg]14'53.8'' N. longitude 70[deg]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.


0
21. Amend Sec.  110.55 by revising paragraphs (d)(1) through (d)(3) to 
read as follows:


Sec.  110.155   Port of New York.

* * * * *
    (d) Upper Bay--(1) Anchorage No. 20-A. (i) All waters bound by the 
following points: latitude 40[deg]42'06.9'' N., longitude 
074[deg]02'18.0'' W.; thence to latitude 40[deg]42'05.4'' N., longitude 
074[deg]01'56.9'' W.; thence to latitude 40[deg]41'54.9'' N., longitude 
074[deg]01'57.7'' W.; thence to latitude 40[deg]41'54.0'' N., longitude 
074[deg]02'12.0'' W.; thence to latitude 40[deg]41'54.4'' N., longitude 
074[deg]02'11.7'' W.; thence to latitude 40[deg]41'57.5'' N., longitude 
074[deg]02'07.5'' W.; thence to latitude 40[deg]42'06.1'' N., longitude 
074[deg]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[deg]41'46.2'' N., longitude 074[deg]02'23.0'' W.; 
thence to latitude 40[deg]41'42.4'' N., longitude 074[deg]02'00.5'' W.; 
thence to latitude 40[deg]41'35.7'' N., longitude 074[deg]02'02.7'' W.; 
thence to latitude 40[deg]41'30.3'' N., longitude 074[deg]02'06.3'' W.; 
thence to latitude 40[deg]41'41.9'' N., longitude 074[deg]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[deg]41'42.4'' N., longitude 074[deg]02'41.5'' W.; 
thence to latitude 40[deg]41'25.8'' N., longitude 074[deg]02'09.2'' W.; 
thence to latitude 40[deg]41'02.1'' N., longitude 074[deg]02'24.7'' W.; 
thence to latitude 40[deg]41'09.4'' N., longitude 074[deg]02'40.0'' W.; 
thence to latitude 40[deg]41'13.3'' N., longitude 074[deg]02'41.5'' W.; 
thence to latitude 40[deg]41'15.8'' N., longitude 074[deg]02'32.6'' W.; 
thence to latitude 40[deg]41'25.3'' N., longitude 074[deg]02'29.1'' W.; 
thence to latitude 40[deg]41'33.0'' N., longitude 074[deg]02'44.5'' W.; 
thence to latitude 40[deg]41'32.5'' N., longitude 074[deg]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

0
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).


Sec.  133.3  [Amended]

0
23. In Sec.  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''.


Sec.  133.25  [Amended]

0
24. In Sec.  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

0
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).


Sec.  135.9  [Amended]

0
26. In Sec.  135.9, remove the address ``U.S. Coast Guard National 
Pollution Funds Center, 4200 Wilson Boulevard, Suite 1000, Arlington, 
VA 22203-1804''

[[Page 27441]]

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

0
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).


Sec.  136.3  [Amended]

0
28. In Sec.  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''.


Sec.  136.5  [Amended]

0
29. In Sec.  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''.


Sec.  136.101  [Amended]

0
30. In Sec.  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

0
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.


0
32. Revise Sec.  137.15 to read as follows:


Sec.  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)

0
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.


Sec.  138.45  [Amended]

0
34. In Sec.  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

0
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 Sec. Sec.  155.1110-155.1150 also 
issued under 33 U.S.C. 2735.


Sec.  155.1130  [Amended]

0
36. In Sec.  155.1130(h), remove the phrase ``Sec.  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

0
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.


Sec.  157.22  [Amended]

0
38. In Sec.  157.22, remove the phrase ``Regulation 25A'' and add, in 
its place, the phrase ``Regulation 27''.

PART 161--VESSEL TRAFFIC MANAGEMENT

0
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.


Sec.  161.40  [Amended]

0
40. In Sec.  161.40--
0
a. In paragraph (b), remove the phrase ``Southern Pacific Railroad 
Bridge'' and add, in its place, the phrase ``Burlington Northern/Santa 
Fe Railroad Bridge''.
0
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

0
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.


Sec.  165.116  [Amended]

0
42. In Sec.  165.116, remove paragraph (b) and redesignate paragraph 
(c) as paragraph (b).


Sec.  165.120  [Amended]

0
43. In Sec.  165.120, revise paragraphs (a) and (b)(4) introductory 
text to read follows:


Sec.  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

[[Page 27442]]

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[deg]23'10.3'' N., longitude 71[deg]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[deg]23'05.2'' N., longitude 71[deg]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[deg]23'04.9'' N., longitude 71[deg]01'28.52'' W.): [NAD83].
* * * * *


Sec.  165.1407  [Amended]

0
44. In Sec.  165.1407(c)(2), following the numbers ``(808) 842-2600'' 
add ``and (808) 842-2601, fax (808) 842-2624''.

PART 169--SHIP REPORTING SYSTEMS

0
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.


Sec.  169.1  [Amended]

0
46. In Sec.  169.1, add a note at the end of the current section to 
read as follows:


Sec.  169.1  What is the purpose of this part?

* * * * *

    Note to Sec.  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