Your containment building must comply with the design and operating standards in this section.

EPA will consider standards established by professional organizations generally recognized by the industry such as the American Concrete Institute ( ACI) and the American Society of Testing Materials ( ASTM) in judging the structural integrity requirements of this section.

( a) The containment building must be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements, ( e. g., precipitation, wind, run on), and to assure containment of managed wastes.

( b) The floor and containment walls of the unit, including the secondary containment system, if required under Section 267.1103, must be designed and constructed of manmade materials of sufficient strength and thickness to:

( 1) Support themselves, the waste contents, and any personnel and heavy equipment that operates within the unit.

( 2) Prevent failure due to:

( i) Pressure gradients, settlement, compression, or uplift.

( ii) Physical contact with the hazardous wastes to which they are exposed ( iii) Climatic conditions.

( iv) Stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls.

( v) Collapse or other failure.

( c) All surfaces to be in contact with hazardous wastes must be chemically compatible with those wastes. 181 ( d) You must not place incompatible hazardous wastes or treatment reagents in the unit or its secondary containment system if they could cause the unit or secondary containment system to leak, corrode, or otherwise fail.

( e) A containment building must have a primary barrier designed to withstand the movement of personnel, waste, and handling equipment in the unit during the operating life of the unit and appropriate for the physical and chemical characteristics of the waste to be managed.

( f) If appropriate to the nature of the waste management operation to take place in the unit, an exception to the structural strength requirement may be made for light weight doors and windows that meet these criteria:

( 1) They provide an effective barrier against fugitive dust emissions under Section 267.1102( d).

( 2) The unit is designed and operated in a fashion that assures that wastes will not actually come in contact with these openings.

( g) You must inspect and record in the facility's operating record, at least once every seven days, data gathered from monitoring equipment and leak detection equipment, as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.

( h) You must obtain certification by a qualified registered professional engineer that the containment building design meets the requirements of Sections 267.1102, 267.1103, and paragraphs ( a) through ( f) of this section.

Section 267.1102 What other requirements must I meet to prevent releases?

You must use controls and practices to ensure containment of the hazardous waste within the unit, and must, at a minimum:

( a) Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the primary barrier.

( b) Maintain the level of the stored/ treated hazardous waste within the containment walls of the unit so that the height of any containment wall is not exceeded.

( c) Take measures to prevent personnel or by equipment used in handling the waste from tracking hazardous waste out of the unit. You must designate an area to decontaminate equipment,

and you must collect and properly manage any rinsate.

( d) Take measures to control fugitive dust emissions such that any openings ( doors, windows,

vents, cracks, etc.) exhibit no visible emissions ( see 40 CFR part 60, appendix A, Method 182 22 Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares). In addition, you must operate and maintain all associated particulate collection devices ( for example, fabric filter, electrostatic precipitator) with sound air pollution control practices. You must effectively maintain this state of no visible emissions at all times during routine operating and maintenance conditions, including when vehicles and personnel are entering and exiting the unit.

Section 267.1103 What additional design and operating standards apply if liquids will be in my containment building?

If your containment building will be used to manage hazardous wastes containing free liquids or treated with free liquids, as determined by the paint filter test, by a visual examination, or by other appropriate means, you must include:

( a) A primary barrier designed and constructed of materials to prevent the migration of hazardous constituents into the barrier ( for example, a geomembrane covered by a concrete wear surface).

( b) A liquid collection and removal system to minimize the accumulation of liquid on the primary barrier of the containment building.

( 1) The primary barrier must be sloped to drain liquids to the associated collection system; and ( 2) You must collect and remove liquids and waste to minimize hydraulic head on the containment system at the earliest practicable time.

( c) A secondary containment system, including a secondary barrier designed and constructed to prevent migration of hazardous constituents into the barrier, and a leak detection system capable of detecting failure of the primary barrier and collecting accumulated hazardous wastes and liquids at the earliest practical time.

( 1) You may meet the requirements of the leak detection component of the secondary containment system by installing a system that is, at a minimum:

( i) Constructed with a bottom slope of 1 percent or more; and ( ii) Constructed of a granular drainage material with a hydraulic conductivity of 1 x 10 2 cm/ sec or more and a thickness of 12 inches ( 30.5 cm) or more, or constructed of synthetic or geonet drainage materials with a transmissivity of 3 x 10 5 m2/ sec or more.

( 2) If you will be conducting treatment in the building, you must design the area in which the treatment will be conducted to prevent the release of liquids, wet materials, or liquid aerosols to other portions of the building. 183 ( 3) You must construct the secondary containment system using materials that are chemically resistant to the waste and liquids managed in the containment building and of sufficient strength and thickness to prevent collapse under the pressure exerted by overlaying materials and by any equipment used in the containment building.

Section 267.1104 How may I obtain a waiver from secondary containment requirements?

Notwithstanding any other provision of this subpart, the Regional Administrator may waive requirements for secondary containment for a permitted containment building where:

( a) You demonstrate that the only free liquids in the unit are limited amounts of dust suppression liquids required to meet occupational health and safety requirements, and ( b) Containment of managed wastes and dust suppression liquids can be assured without a secondary containment system.

Section 267.1105 What do I do if my containment building contains areas both with and without secondary containment?

For these containment buildings, you must:

( a) Design and operate each area in accordance with the requirements enumerated in Sections 267.1101 through 267.1103.

( b) Take measures to prevent the release of liquids or wet materials into areas without secondary containment.

( c) Maintain in the facility's operating log a written description of the operating procedures used to maintain the integrity of areas without secondary containment.

Section 267.1106 What do I do if I detect a release?

Throughout the active life of the containment building, if you detect a condition that could lead to or has caused a release of hazardous waste, you must repair the condition promptly, in accordance with the following procedures.

( a) Upon detection of a condition that has lead to a release of hazardous waste ( for example,

upon detection of leakage from the primary barrier), you must:

( 1) Enter a record of the discovery in the facility operating record; 184 ( 2) Immediately remove the portion of the containment building affected by the condition from service;

( 3) Determine what steps you must take to repair the containment building, to remove any leakage from the secondary collection system, and to establish a schedule for accomplishing the cleanup and repairs; and ( 4) Within 7 days after the discovery of the condition, notify the Regional Administrator of the condition, and within 14 working days, provide a written notice to the Regional Administrator with a description of the steps taken to repair the containment building, and the schedule for accomplishing the work.

( b) The Regional Administrator will review the information submitted, make a determination regarding whether the containment building must be removed from service completely or partially until repairs and cleanup are complete, and notify you of the determination and the underlying rationale in writing.

( c) Upon completing all repairs and cleanup, you must notify the Regional Administrator in writing and provide a verification, signed by a qualified, registered professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with paragraph ( a)( 4) of this section.

Section 267.1107 Can a containment building itself be considered secondary containment?

Containment buildings can serve as secondary containment systems for tanks placed within the building under certain conditions.

( a) A containment building can serve as an external liner system for a tank, provided it meets the requirements of Section 267.196( a).

( b) The containment building must also meet the requirements of Section 267.195( a), ( b)( 1) and ( 2) to be considered an acceptable secondary containment system for a tank.

Section 267.1108 What must I do when I stop operating the containment building?

When you close a containment building, you must remove or decontaminate all waste residues,

contaminated containment system components ( liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless 40 CFR 261.3( d) applies. The closure plan, closure activities, cost estimates for closure, and 185 financial responsibility for containment buildings must meet all of the requirements specified in subparts G and H of this part. 186 PART 270 EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM 14. The authority citation for part 270 continues to read as follows:

Authority: 42 U. S. C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974.

Subpart A General Information 15. Section 270.1( b) is amended by adding several sentences after the second sentence of paragraph ( b) to read as follows:

§ 270.1 Purpose and scope of these regulations.

* * * * *

( b) * * * Treatment, storage, and disposal facilities ( TSDs) that are otherwise subject to permitting under RCRA and that meet the criteria in ( 1) or ( 2) below, may be eligible for a standardized permit under subpart J of this part.

( 1) The facility generates hazardous waste and then non thermally treats or stores hazardous waste on site in tanks, containers, or containment buildings, or ( 2) The facility receives hazardous waste generated off site by a generator under the same ownership as the receiving facility, and then stores or non thermally treats the hazardous waste in containers, tanks, or containment buildings.

* * *

* * * * *

16. Section 270.2 is amended by revising the definition for " Permit" and adding a definition for " Standardized permit" in alphabetical order to read as follows:

§ 270.2 Definitions. 187 * * * * *

Permit means an authorization, license, or equivalent control document issued by EPA or an approved State to implement the requirements of this part and parts 271 and 124 of this chapter.

Permit includes permit by rule ( § 270.60), emergency permit ( § 270.61) and standardized permit ( subpart J of this part). Permit does not include RCRA interim status ( subpart G of this part), or any permit which has not been the subject of final agency action, such as a draft permit or a proposed permit.

* * * * *

Standardized permit means a RCRA permit issued under part 124, subpart G of this chapter and subpart J of this part authorizing the facility owner or operator to manage hazardous waste. The standardized permit may have two parts: a uniform portion issued in all cases and a supplemental portion issued at the Director's discretion.

* * * * *

Subpart B Permit Application 17. Section 270.10 is amended by revising paragraphs ( a) and ( h) to read as follows:

§ 270.10 General Application Requirements.

( a) Applying for a permit. Below is information on how to obtain a permit and where to find requirements for specific permits:

( 1) If you are covered by RCRA permits by rule ( § 270.60), you need not apply.

( 2) If you currently have interim status, you must apply for permits when required by the Director.

( 3) If you are required to have a permit ( including new applicants and permittees with expiring permits), you must complete, sign, and submit an application to the Director, as described in this section and § § 270.70 through 270.73.

( 4) If you are seeking an emergency permit, the procedures for application, issuance, and administration are found exclusively in § 270.61. 188 ( 5) If you are seeking a research, development, and demonstration permit, the procedures for application, issuance, and administration are found exclusively in § 270.65.

( 6) If you are seeking a standardized permit, the procedures for application and issuance are found in part 124, subpart G of this chapter and subpart J of this part.

* * * * *

( h) Reapplying for a permit. If you have an effective permit and you want to reapply for a new one, you have two options:

( 1) You may submit a new application at least 180 days before the expiration date of the effective permit, unless the Director allows a later date; or ( 2) If you intend to be covered by a standardized permit, you may submit a Notice of Intent as described in § 270.51( e)( 1) at least 180 days before the expiration date of the effective permit,

unless the Director allows a later date.

The Director may not allow you to submit applications or Notices of Intent later than the expiration date of the existing permit, except as allowed by § 270.51( e)( 2)).

* * * * *

Subpart D Changes to Permits 18. Section 270.40( b) is amended by revising the first sentence of paragraph ( b) to read as follows:

§ 270.40 Transfer of Permits.

* * * * *

( b) Changes in the ownership or operational control of a facility may be made as a Class 1 modification with prior written approval of the Director in accordance with § 270.42 or as a routine change with prior approval under 40 CFR 124.213.

* * * * *

19. Section 270.41 is amended by revising the next to last sentence of the introductory paragraph and adding paragraph ( b)( 3) to read as follows: 189 § 270.41 Modification or revocation and reissuance of permits.

* * * If a permit modification is requested by the permittee, the Director shall approve or deny the request according to the procedures of § 270.42, or § 270.320 and 40 CFR part 124, subpart G.

* * * *

* * * * *

( b) * * *

( 3) The Director has received notification under 40 CFR 124.202 ( b) of a facility owner or operator's intent to be covered by a standardized permit.

* * * * *

Subpart E Expiration and Continuation of Permits 20. Section 270.51 is amended by adding paragraph ( e) as follows:

§ 270.51 Continuation of Expiring Permits.

* * * * *

( e) Standardized permits.

( 1) The conditions of your expired standardized permit continue until the effective date of your new permit ( see 40 CFR 124.15) if all of the following are true:

( i) If EPA is the permit issuing authority.

( ii) If you submit a timely and complete Notice of Intent under 40 CFR 124.202( b) requesting coverage under a RCRA standardized permit; and ( iii) If the Director, through no fault on your part, does not issue your permit before your previous permit expires ( for example, where it is impractical to make the permit effective by that date because of time or resource constraints).

( 2) In some cases, the Director may notify you that you are not eligible for a standardized permit ( see 40 CFR 124.206). In those cases, the conditions of your expired permit will continue if you submit the information specified in paragraph ( a)( 1) of this section ( that is, a complete application 190 for a new permit) within 60 days after you receive our notification that you are not eligible for a standardized permit.

Subpart F Special Forms of Permits 21. Add § 270.67 to subpart F to read as follows:

§ 270.67 RCRA standardized permits for storage and treatment units.

RCRA standardized permits are special forms of permits for TSD owners or operators that:

( a) generate hazardous waste and then non thermally treat or store the hazardous waste on site in tanks, containers, or containment buildings, or ( b) receive hazardous waste generated off site by a generator under the same ownership as the receiving facility, and then store or non thermally treat the hazardous waste in containers, tanks, or containment buildings.

Standardized permit facility owners or operators are regulated under subpart J of this part, part 124 subpart G of this chapter, and part 267 of this chapter.

22. Subpart J is added to part 270 to read as follows:

Subpart J RCRA Standardized Permits for Storage and Treatment Units General Information About Standardized Permits 270.250 What is a RCRA standardized permit?

270.255 Who is eligible for a standardized permit?

270.260 What requirements of Part 270 apply to a standardized permit?

Applying for a Standardized Permit 270.270 How do I apply for a standardized permit? 191 270.275 What information must I submit to the permitting agency to support my standardized permit application?

270.280 What are the certification requirements?

Information That Must Be Kept at Your Facility 270.290 What general types of information must I keep at my facility?

270.300 What container information must I keep at my facility?

270.305 What tank information must I keep at my facility?

270.310 What equipment information must I keep at my facility?

270.315 What air emissions control information must I keep at my facility?

Modifying a Standardized Permit 270.320 How do I modify my RCRA standardized permit?

Subpart J RCRA Standardized Permits for Storage and Treatment Units General Information About Standardized Permits § 270.250 What is a RCRA standardized permit?

A RCRA standardized permit ( RCRA) is a special type of permit that authorizes you to manage hazardous waste. It is issued under 40 CFR part 124, subpart G and subpart J of this part.

§ 270.255 Who is eligible for a standardized permit?

You may be eligible for a standardized permit if:

( a) you generate hazardous waste and then store or non thermally treat the hazardous waste onsite in containers, tanks, or containment buildings, or if ( b) you receive hazardous waste generated off site by a generator under the same ownership as the receiving facility, and then store or non thermally treat the hazardous waste in containers, tanks, or containment buildings. 192 We will inform you of your eligibility when we make a decision on your permit application.

§ 270.260 What requirements of part 270 apply to a standardized permit?

The following subparts and sections of this part 270 apply to a standardized permit:

( a) Subpart A General Information: all sections.

( b) Subpart B Permit Application: § § 270.10, 270.11, 270.12, 270.13 and 270.29.

( c) Subpart C Permit Conditions : all sections.

( d) Subpart D Changes to Permit: § § 270.40, 270.41, and 270.43.

( e) Subpart E Expiration and Continuation of Permits: all sections.

( f) Subpart F Special Forms of Permits: § 270.67.

( g) Subpart G Interim Status: all sections.

( h) Subpart H Remedial Action Plans: does not apply.

( i) Subpart J Standardized Permits: all sections.

Applying for a Standardized Permit § 270.270 How do I apply for a standardized permit?

You apply for a standardized permit by following the procedures in 40 CFR part 124, subpart G and this subpart.

§ 270.275 What information must I submit to the permitting agency to support my standardized permit application?

The information in paragraphs ( a) through ( j) of this section will be the basis of your standardized permit application. You must submit it to the Director when you submit your Notice of Intent under 40 CFR 124.202( b) requesting coverage under a RCRA standardized permit:

( a) The Part A information described in § 270.13.

( b) A meeting summary and other materials required by 40 CFR 124.31. 193 ( c) Documentation of compliance with the location standards of 40 CFR 267.18 and § 270.14( b)( 11).

( d) Information that allows the Director to carry out our obligations under other Federal laws required in § 270.3.

( e) Solid waste management unit information required by § 270.14( d).

( f) A certification meeting the requirements of § 270.280, and an audit of the facility's compliance status with 40 CFR part 267 as required by § 270.280.

( g) A closure plan prepared in accordance with part 267, subpart G.

( h) The most recent closure cost estimate for your facility prepared under § 267.142 and a copy of the documentation required to demonstrate financial assurance under § 267.143. For a new facility, you may gather the required documentation 60 days before the initial receipt of hazardous wastes.

( i) If you manage wastes generated off site, the waste analysis plan.

( j) If you manage waste generated from off site, documentation showing that the waste generator and the off site facility are under the same ownership.

§ 270.280 What are the certification requirements?

You must submit a signed certification based on your audit of your facility's compliance with 40 CFR part 267.

( a) Your certification must read:

I certify under penalty of law that:

( 1) I have personally examined and am familiar with the report containing the results of an audit conducted of my facility's compliance status with 40 CFR part 267, which supports this certification. Based on my inquiry of those individuals immediately responsible for conducting the audit and preparing the report, I believe that my ( include paragraph ( a)( 1)( i) and ( ii) this section,

whichever applies):

( i) My existing facility complies with all applicable requirements of 40 CFR part 267 and will continue to comply until the expiration of the permit; or ( ii) My facility has been designed, and will be constructed and operated to comply with all applicable requirements of 40 CFR part 267, and will continue to comply until expiration of the permit. 194 ( 2) I will make all information that I am required to maintain at my facility by § § 270.290 through 277.315 readily available for review by the permitting agency and the public; and,

( 3) I will continue to make all information required by § § 270.290 through 277.315 available until the permit expires. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violation.

( b) You must sign this certification following the requirements of § 270.11( a)( 1) through ( 3).

( c) This certification must be based upon an audit that you conduct of your facility's compliance status with 40 CFR part 267. A written audit report, signed and certified as accurate by the auditor, must be submitted to the Director with the 40 CFR 124.202( b) Notice of Intent.

Information That Must Be Kept at Your Facility § 270.290 What general types of information must I keep at my facility?

You must keep the following information at your facility:

( a) A general description of the facility.

( b) Chemical and physical analyses of the hazardous waste and hazardous debris handled at the facility. At a minimum, these analyses must contain all the information you must know to treat or store the wastes properly under the requirements of 40 CFR part 267.

( c) A copy of the waste analysis plan required by 40 CFR 267.13( b).

( d) A description of the security procedures and equipment required by 40 CFR 267.14.

( e) A copy of the general inspection schedule required by 40 CFR 267.15( b). You must include in the inspection schedule applicable requirements of 40 CFR 267.174, 267.193, 267.195,

264.1033, 264.1052, 264.1053, 264.1058, and 264.1088.

( f) A justification of any modification of the preparedness and prevention requirements of 40 CFR part 267, subpart C ( § § 267.30 to 267.35).

( g) A copy of the contingency plan required by 40 CFR part 267, subpart D.

( h) A description of procedures, structures, or equipment used at the facility to:

( 1) Prevent hazards in unloading operations ( for example, use ramps, special forklifts),

( 2) Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding ( for example, with berms, dikes, trenches),

( 3) Prevent contamination of water supplies, 195 ( 4) Mitigate effects of equipment failure and power outages,

( 5) Prevent undue exposure of personnel to hazardous waste ( for example, requiring protective clothing), and ( 6) Prevent releases to atmosphere,

( i) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive,

or incompatible wastes as required by 40 CFR 267.17.

( j) Traffic pattern, estimated volume ( number, types of vehicles) and control ( for example, show turns across traffic lanes, and stacking lanes; describe access road surfacing and load bearing capacity; show traffic control signals).

( k) [ Reserved]

( l) An outline of both the introductory and continuing training programs you will use to prepare employees to operate or maintain your facility safely as required by 40 CFR 267.16. A brief description of how training will be designed to meet actual job tasks under 40 CFR 267.16( a)( 3)

requirements.

( m) A copy of the closure plan required by 40 CFR 267.112. Include, where applicable, as part of the plans, specific requirements in 40 CFR 267.176, 267.201, and 267.1108.

( n) [ Reserved]

( o) The most recent closure cost estimate for your facility prepared under 40 CFR 267.142 and a copy of the documentation required to demonstrate financial assurance under 40 CFR 267.143. For a new facility, you may gather the required documentation 60 days before the initial receipt of hazardous wastes.

( p) [ Reserved]

( q) Where applicable, a copy of the insurance policy or other documentation that complies with the liability requirements of 40 CFR 267.147. For a new facility, documentation showing the amount of insurance meeting the specification of 40 CFR 267.147( a) that you plan to have in effect before initial receipt of hazardous waste for treatment or storage.

( r) Where appropriate, proof of coverage by a State financial mechanism, as required by 40 CFR 267.149 or 267.150.

( s) A topographic map showing a distance of 1000 feet around your facility at a scale of 2.5 centimeters ( 1 inch) equal to not more than 61.0 meters ( 200 feet). The map must show elevation 196 contours. The contour interval must show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters ( 5 feet), if relief is greater than 6.1 meters ( 20 feet), or an interval of 0.6 meters ( 2 feet), if relief is less than 6.1 meters ( 20 feet). If your facility is in a mountainous area, you should use large contour intervals to adequately show topographic profiles of facilities. The map must clearly show the following:

( 1) Map scale and date.

( 2) 100 year flood plain area.

( 3) Surface waters including intermittent streams.

( 4) Surrounding land uses ( residential, commercial, agricultural, recreational).

( 5) A wind rose ( i. e., prevailing wind speed and direction).

( 6) Orientation of the map ( north arrow).

( 7) Legal boundaries of your facility site.

( 8) Access control ( fences, gates).

( 9) Injection and withdrawal wells both on site and off site.

( 10) Buildings; treatment, storage, or disposal operations; or other structure ( recreation areas, runoff control systems, access and internal roads, storm, sanitary, and process sewerage systems, loading and unloading areas, fire control facilities, etc.)

( 11) Barriers for drainage or flood control.

( 12) Location of operational units within your facility, where hazardous waste is ( or will be)

treated or stored. ( Include equipment cleanup areas.)

§ 270.300 What container information must I keep at my facility?

If you store or treat hazardous waste in containers, you must keep the following information at your facility:

( a) A description of the containment system to demonstrate compliance with the container storage area provisions of 40 CFR 267.173.

This description must show the following:

( 1) Basic design parameters, dimensions, and materials of construction. 197 ( 2) How the design promotes drainage or how containers are kept from contact with standing liquids in the containment system.

( 3) Capacity of the containment system relative to the number and volume of containers to be stored.

( 4) Provisions for preventing or managing run on.

( 5) How accumulated liquids can be analyzed and removed to prevent overflow.

( b) For storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with 40 CFR 267.173( c), including:

( 1) Test procedures and results or other documentation or information to show that the wastes do not contain free liquids.

( 2) A description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids.

( c) Sketches, drawings, or data demonstrating compliance with 40 CFR 267.174 ( location of buffer zone ( 15m or 50ft) and containers holding ignitable or reactive wastes) and 40 CFR 267.175( c) ( location of incompatible wastes in relation to each other), where applicable.

( d) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with 40 CFR 267.175 ( a) and ( b), and 267.17 ( b) and ( c).

( e) Information on air emission control equipment as required by § 270.315.

§ 270.305 What tank information must I keep at my facility?

If you use tanks to store or treat hazardous waste, you must keep the following information at your facility:

( a) A written assessment that is reviewed and certified by an independent, qualified, registered professional engineer on the structural integrity and suitability for handling hazardous waste of each tank system, as required under 40 CFR 267.191 and 267.192.

( b) Dimensions and capacity of each tank.

( c) Description of feed systems, safety cutoff, bypass systems, and pressure controls ( e. g.,

vents).

( d) A diagram of piping, instrumentation, and process flow for each tank system. 198 ( e) A description of materials and equipment used to provide external corrosion protection, as required under 40 CFR 267.191.

( f) For new tank systems, a detailed description of how the tank system( s) will be installed in compliance with 40 CFR 267.192 and 267.194.

( g) Detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed, and operated to meet the requirements of 40 CFR 267.195 and 267.196.

( h) [ Reserved].

( i) Description of controls and practices to prevent spills and overflows, as required under 40 CFR 267.198.

( j) For tank systems in which ignitable, reactive, or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with the requirements of 40 CFR 267.202 and 267.203.

( k) Information on air emission control equipment as required by § 270.315.

§ 270.310 What equipment information must I keep at my facility?

If your facility has equipment to which 40 CFR part 264, subpart BB applies, you must keep the following information at your facility:

( a) For each piece of equipment to which 40 CFR part 264 subpart BB applies:

( 1) Equipment identification number and hazardous waste management unit identification.

( 2) Approximate locations within the facility ( e. g., identify the hazardous waste management unit on a facility plot plan).

( 3) Type of equipment ( e. g., a pump or a pipeline valve).

( 4) Percent by weight of total organics in the hazardous waste stream at the equipment.

( 5) Hazardous waste state at the equipment ( e. g., gas/ vapor or liquid).

( 6) Method of compliance with the standard ( e. g., monthly leak detection and repair, or equipped with dual mechanical seals).

( b) For facilities that cannot install a closed vent system and control device to comply with 40 CFR Part 264, subpart BB on the effective date that the facility becomes subject to the subpart BB provisions, an implementation schedule as specified in 40 CFR 264.1033( a)( 2). 199 ( c) Documentation that demonstrates compliance with the equipment standards in 40 CFR 264.1052 and 264.1059. This documentation must contain the records required under 40 CFR 264.1064.

( d) Documentation to demonstrate compliance with 40 CFR 264.1060 must include the following information:

( 1) A list of all information references and sources used in preparing the documentation.

( 2) Records, including the dates, of each compliance test required by 40 CFR 264.1033( j).

( 3) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of " ATPI Course 415: Control of Gaseous Emissions"

( incorporated by reference as specified in 40 CFR 260.11) or other engineering texts acceptable to the Director that present basic control device design information. The design analysis must address the vent stream characteristics and control device operation parameters as specified in 40 CFR 264.1035( b)( 4)( iii).

( 4) A statement you signed and dated certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonable expected to occur.

( 5) A statement you signed and dated certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater.

§ 270.315 What air emissions control information must I keep at my facility?

If you have air emission control equipment subject to 40 CFR part 264, subpart CC, you must keep the following information at your facility:

( a) Documentation for each floating roof cover installed on a tank subject to 40 CFR 264.1084( d)( 1) or ( d)( 2) that includes information you prepared or the cover manufacturer/ vendor provided describing the cover design, and your certification that the cover meets applicable design specifications listed in 40 CFR 264.1084( e)( 1) or ( f)( 1).

( b) Identification of each container area subject to the requirements of 40 CFR part 264, subpart CC and your certification that the requirements of this subpart are met.

( c) Documentation for each enclosure used to control air pollutant emissions from tanks or containers under requirements of 40 CFR 264.1084( d)( 5) or 264.1086( e)( 1)( ii). You must include records for the most recent set of calculations and measurements you performed to verify that the 200 enclosure meets the criteria of a permanent total enclosure as specified in " Procedure T Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741,

appendix B.

( d) [ Reserved]

( e) Documentation for each closed vent system and control device installed under requirements of 40 CFR 264.1087 that includes design and performance information as specified in § 270.24 ( c)

and ( d).

( f) An emission monitoring plan for both Method 21 in 40 CFR Part 60, appendix A and control device monitoring methods. This plan must include the following information: monitoring point( s),

monitoring methods for control devices, monitoring frequency, procedures for documenting exceedences, and procedures for mitigating noncompliances.

Modifying a Standardized Permit § 270.320 How do I modify my RCRA standardized permit?

You can modify your RCRA standardized permit by following the procedures found in 40 CFR 124.211 through 124.214.


[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Rules and Regulations]
[Pages 27435-27442]
[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.

-----------------------------------------------------------------------

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<EMAIL_ADDRESS>If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

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/

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

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

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.

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

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''

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,<PHONE_NUMBER>''.

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

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<PHONE_NUMBER>, fax<PHONE_NUMBER>''.

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


[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Notices]
[Pages 61373-61374]
[FR Doc No: 2011-25560]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3331-EM; Docket ID FEMA-2011-0001]

Connecticut; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of Connecticut (FEMA-3331-EM), dated August 27,
2011, and related determinations.

DATES: Effective Date: August 27, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated August 27, 2011, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5208 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in the State of
Connecticut resulting from Hurricane Irene beginning on August 26,
2011, and continuing, are of sufficient severity and magnitude to
warrant an emergency declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(``the Stafford Act''). Therefore, I declare that such an emergency
exists in the State of Connecticut.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or

avert the threat of a catastrophe in the designated areas.
Specifically, you are authorized to provide assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program. This assistance
excludes regular time costs for subgrantees' regular employees.
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Gary
Stanley, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared emergency.
    The following areas of the State of Connecticut have been
designated as adversely affected by this declared emergency:

    All eight counties in the State of Connecticut for emergency
protective measures (Category B), including direct federal
assistance, under the Public Assistance program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-25560 Filed 10-3-11; 8:45 am]
BILLING CODE 9111-23-P