Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 76279 

Dated: September 17, 2010. 

D.A. Neptun, 

Rear Admiral, U.S. Coast Guard Commander, 

First Coast Guard District. 

[FR Doc. 2010–30741 Filed 12–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–1058] 

Drawbridge Operation Regulation; 

Upper Mississippi River, Burlington, IA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the 

Burlington Railroad Drawbridge across 

the Upper Mississippi River, mile 403.1, 

at Burlington, Iowa. The deviation is 

necessary to allow the bridge owner 

time to replace the swing span with a 

lift span and to construct the right 

descending tower. This deviation allows 

the bridge to be maintained in the 

closed-to-navigation position for sixtytwo days. 

DATES: This deviation is effective from 

6 a.m., December 15, 2010 to 6 a.m. 

February 15, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

1058 and are available online by going 

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

USCG–2010–1058 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search’’. They are 

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 Eric A. Washburn, Bridge 

Administrator, Western Rivers, Coast 

Guard; telephone 314–269–2378, e-mail 

Eric.Washburn@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The BNSF 

Railway Company requested a 

temporary deviation for the Burlington 

Railroad Drawbridge, across the Upper 

Mississippi River, mile 403.1, at 

Burlington, Iowa to remain in the 

closed-to-navigation position for 62 

days from 6 a.m., December 15, 2010 to 

6 a.m., February 15, 2011 to allow the 

bridge owner time to complete the 

Truman-Hobbs alteration. The new lift 

span will be set in place and the right 

descending tower will be completed. 

The Burlington Railroad Drawbridge 

currently operates in accordance with 

33 CFR 117.5, which states the general 

requirement that drawbridges shall open 

promptly and fully for the passage of 

vessels when a request to open is given 

in accordance with the subpart. 

There are no alternate routes for 

vessels transiting this section of the 

Upper Mississippi River. 

The Burlington Railroad Drawbridge, 

in the closed-to-navigation position, 

will provide a vertical clearance of 19.3 

feet above normal pool. Navigation on 

the waterway consists primarily of 

commercial tows and recreational 

watercraft. The drawbridge will not be 

able to open for emergencies during the 

construction period. This temporary 

deviation has been coordinated with 

waterway users. 

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: November 26, 2010. 

Eric A. Washburn, 

Bridge Administrator. 

[FR Doc. 2010–30744 Filed 12–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–1073] 

Drawbridge Operation Regulation; 

James River, Hopewell, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulations 

governing the operation of the SR 156 

Benjamin Harrison Memorial Bridge, 

across the James River, mile 65.0, at 

Hopewell, VA. The deviation is 

necessary to facilitate mechanical 

repairs to the vertical lift span. This 

deviation allows the drawbridge to 

remain in the closed to navigation 

position. 

DATES: This deviation is effective from 

9 a.m. to 9 p.m. on December 16, 2010. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket USCG–2010–1073 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–1073 in the ‘‘Keywords’’ box, and 

then clicking ‘‘Search’’. This material is 

also available for inspection or copying 

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. Bill H. Brazier, Bridge 

Management Specialist, Fifth Coast 

Guard District; telephone (757) 398– 

6422, e-mail Bill.H.Brazier@uscg.mil. If 

you have questions on reviewing the 

docket, call Renne V. Wright, Program 

Manager, Docket Operations, (202) 366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Virginia Department of Transportation, 

who owns and operates this vertical-lift 

type bridge, has requested a temporary 

deviation from the current operating 

regulations set out in 33 CFR 117.5, 

which requires the bridge to open 

promptly and fully when a request to 

open is given. In the closed to 

navigation position the SR 156 

Benjamin Harrison Memorial Bridge 

across the James River, mile 65.0, at 

Hopewell, VA has a vertical clearance of 

50 feet above mean high water. The 

purpose of the deviation is to facilitate 

structural repairs. 

Under this temporary deviation, the 

drawbridge will be maintained in the 

closed to navigation position to 

facilitate repairs to the skew couplings 

that keep the vertical lift portion of the 

bridge balanced. The lift span will be 

closed from 9 a.m. to 9 p.m. on 

December 16, 2010. 

Typical vessel traffic on the James 

River includes a variety of vessels from 

freighters, tug and barge traffic, and 

recreational vessels. Vessels that can 

pass under the bridge without a bridge 

opening may continue to do so at 

anytime. There are no alternate routes 

for vessels transiting this section of the 

James River and the drawbridge will be 

unable to open in the event of an 

emergency. 

The Coast Guard has carefully 

coordinated the restrictions with 

commercial and recreational waterway 


jlentini on DSKJ8SOYB1PROD with RULES
76280 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 

users. Additionally, the Coast Guard 

will inform unexpected users of the 

waterway through our Local and 

Broadcast Notice to Mariners of the 

closure periods for the bridge so that 

vessels can arrange their transits to 

minimize any impacts caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the draw must return to its original 

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: November 24, 2010. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. 2010–30745 Filed 12–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0747] 

RIN 1625–AA11 

Regulated Navigation Area; Thea Foss 

and Wheeler-Osgood Waterways EPA 

Superfund Cleanup Site, 

Commencement Bay, Tacoma, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a permanent regulated 

navigation area (RNA) on portions of the 

Thea Foss and Wheeler-Osgood 

Waterways in Commencement Bay, 

Tacoma, Washington. The RNA will 

protect the seabed in portions of those 

waterways that are subject to the U.S. 

Environmental Protection Agency’s 

(EPA’s) Commencement Bay Nearshore/ 

Tideflats superfund cleanup 

remediation efforts. This RNA will 

prohibit activities that would disturb 

the seabed, such as anchoring, dragging, 

trawling, spudding or other activities 

that involve disrupting the integrity of 

the cap. It would not affect transit or 

navigation of the area. 

DATES: This rule is effective January 7, 

2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0747 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2008–0747 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ 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 LTJG Ashley Wanzer, Waterways 

Management, Sector Puget Sound, Coast 

Guard; telephone 206–217–6175, e-mail 

SectorSeattleWWM@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On June 2, 2010, we published a 

supplemental notice of proposed 

rulemaking (SNPRM) entitled Regulated 

Navigation Area; Thea Foss and 

Wheeler-Osgood Waterways EPA 

Superfund Cleanup Site, 

Commencement Bay, Tacoma, WA in 

the Federal Register (75 FR 105). We 

received no comments on the proposed 

rule. We did not receive any comments 

requesting a public meeting and we did 

not hold a public meeting. 

Basis and Purpose 

The basis for this rulemaking is the 

Coast Guard’s authority, as delegated by 

the Secretary of Homeland Security, to 

establish RNAs under 33 U.S.C. 1226, 

1231; 46 U.S.C. 701, 3306, 3703; 50 

U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 

6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 

2064; DHS Delegation No. 0170.1. The 

purpose of this RNA is to preserve the 

integrity of the clean sediment caps 

placed over certain areas of the Thea 

Foss and Wheeler-Osgood Waterways as 

part of the EPA’s Commencement Bay 

Nearshore/Tideflats superfund cleanup 

remediation process in those waters. 

These caps consist of approximately 

three feet of sand and gravel, designed 

to withstand activities common to a 

working waterfront, covering 

approximately 30 acres of sediment in 

the waterway. 

This RNA would prohibit activities 

that could disturb the seabed or the 

sediment caps, such as anchoring, 

dragging, trawling, or spudding. It 

would not affect transit or navigation of 

the area. 

Background 

On August 20, 2008, we published a 

notice of proposed rulemaking (NPRM; 

73 FR 162) to establish a regulated 

navigation area on a portion of the Thea 

Foss and Wheeler-Osgood Waterways, 

Commencement Bay, Tacoma, WA. On 

June 2, 2010, we published an SNPRM 

which revised the coordinates for this 

regulated navigation area and 

incorporated revisions for waiver 

requests per public comment on the 

initial notice of proposed rulemaking. 

Discussion of Comments and Changes 

We received no comments on the 

NPRM or SNPRM. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

This rule is not a significant 

regulatory action because this RNA 

encompasses a small area and does not 

impact commercial or recreational 

traffic, and prohibited activities are not 

routine for the designated areas. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to anchor, dredge, 

spud, lay cable or disturb the seabed in 

any fashion in any of the areas outlined 

by this regulation. The RNA would not 

have a significant economic impact on 

small entities due to its minimal 

restrictive area and ample opportunities 

for avoiding this region. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 


jlentini on DSKJ8SOYB1PROD with RULES