5984 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 

This temporary deviation has been 

coordinated with waterway users. No 

objections were received. 

Dated: January 7, 2009. 

Roger K. Wiebusch, 

Bridge Administrator, Eighth Coast Guard 

District (dwb). 

[FR Doc. E9–2349 Filed 2–3–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2008–1256] 

Drawbridge Operation Regulation: 

Upper Mississippi River, Keokuk, IA, 

Activity Identifier; Repair and 

Maintenance 

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 Keokuk 

Drawbridge, across the Upper 

Mississippi River, mile 364.0, at 

Keokuk, Iowa. The deviation is 

necessary to allow time for performing 

needed maintenance and repairs to the 

bridge. This deviation allows the bridge 

to open on signal if at least 24 hours 

advance notice is given from 12:01 a.m., 

January 12, 2009 until 9 a.m., February 

8, 2009. 

DATES: This temporary deviation is 

effective from 12:01 a.m., January 12, 

2009 until 9 a.m., February 8, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

1256 and are available online at 

www.regulations.gov. They are also 

available for inspection or copying at 

two locations: 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, 

and the Robert A. Young Federal 

Building, Room 2.107F, 1222 Spruce 

Street, St. Louis, MO 63103–2832, 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Roger K. Wiebusch, Bridge 

Administrator, (314) 269–2378. 

SUPPLEMENTARY INFORMATION: The City 

of Keokuk, Iowa requested a temporary 

deviation for the Keokuk Drawbridge, 

across the Upper Mississippi, mile 

364.0, at Keokuk, Iowa to open on signal 

if at least 24 hours advance notice is 

given in order to facilitate needed bridge 

maintenance and repairs. The Keokuk 

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. In order to facilitate 

the needed bridge work, the drawbridge 

must be kept in the closed-to-navigation 

position. This deviation allows the 

bridge to open on signal if at least 24 

hours advance notice is given from 

12:01 a.m., January 12, 2009 until 9 

a.m., February 8, 2009. 

There are no alternate routes for 

vessels transiting this section of the 

Upper Mississippi River. 

The Keokuk Drawbridge, in the 

closed-to-navigation position, provides 

a vertical clearance of 25.2 feet above 

normal pool. Navigation on the 

waterway consists primarily of 

commercial tows and recreational 

watercraft. This temporary deviation has 

been coordinated with waterway users. 

No objections were received. 

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: January 7, 2009. 

Roger K. Wiebusch, 

Bridge Administrator. 

[FR Doc. E9–2316 Filed 2–3–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2008–0721] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Willamette River, Portland, OR, 

Schedule Change 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the drawbridge operation regulation for 

the Broadway and Burnside Bridges 

across the Willamette River, mile 11.7, 

in Portland, Oregon so that one-hour 

notice is required from 8 a.m. to 5 p.m. 

Monday through Friday and two-hour 

notice at all other times. Also, the 

Broadway Bridge is deleted as a point of 

contact for upstream vessels, leaving the 

Hawthorne Bridge as the point of 

contact for both upstream and 

downstream travel directions. These 

changes are necessary to reduce the 

staffing requirements for the bridges, 

which has been made possible by the 

infrequent number of requests for 

openings received. 

DATES: This rule is effective March 6, 

2009. 

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–2008–0721 and are 

available online by going to http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2008–0721 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at two locations: 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 and 

Commander (dpw), Thirteenth Coast 

Guard District, 915 Second Avenue, 

room 3510, Seattle, WA 98174–1067, 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Austin Pratt, Chief, Bridge Section, 

Waterways Management Branch, 

Thirteenth Coast Guard District, 

telephone 206–220–7282. 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 September 12, 2008, we published 

a notice of proposed rulemaking 

(NPRM) entitled Drawbridge Operation 

Regulation; Willamette River, Portland, 

OR, Schedule Change in the Federal 

Register (73 FR 178). We received no 

public submissions on the proposed 

rule. No public hearing was requested, 

and none was held. 

Background and Purpose 

The rule enables Multnomah County, 

the owner of the Broadway Bridge, to 

operate the draw if at least one hour of 

notice is provided from 8 a.m. to 5 p.m. 

Monday through Friday and two hours 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 5985 

of notice at all other times. From July 1, 

2005, through June 30, 2007, the draw 

opened 165 times for vessels. This 

bridge opens on average slightly less 

than 7 times a month for river traffic. 

Most vessels that require the Broadway 

bascule span to open are grain ships, 

which are piloted by Columbia River 

Pilots. These ships have typically been 

able to give several hours notice of 

arrival as they must navigate over 100 

miles of the Columbia River to reach 

Portland from the Pacific Ocean. 

The operating regulations currently in 

effect for the Broadway Bridge are found 

at 33 CFR 117. The drawspan currently 

operates under the general requirements 

of 33 CFR 117.897(a)(1) such that it 

must open on signal for the passage of 

vessels except that Monday through 

Friday it need not open from 7 a.m. to 

9 a.m. and from 4 p.m. to 6 p.m. These 

closed periods are not effective for 

Federal holidays, except Columbus Day. 

The Broadway Bridge is the point of 

contact for upstream or inbound vessels 

for openings of drawbridges that require 

advance notice. The rule gives this 

function to the Hawthorne Bridge, 

which is the point of contact for vessels 

traveling downstream. 

The bridge provides a minimum of 90 

feet of vertical clearance in the closed 

position above low water (elevation 0.0 

feet Portland City Datum). It is 

considerably higher than other bascule 

bridges on the Willamette in downtown 

Portland, which partly explains its low 

frequency of opening. The horizontal 

clearance is 250 feet. In the fully open 

position the bridge allows unlimited 

vertical clearance over the channel. 

The bridge is located on a major 

arterial in Portland carrying both local 

and commuter traffic. 

The rule restores normal double-leaf 

operations to the Burnside Bridge, mile 

12.4, following a lengthy rehabilitation 

project. 

Discussion of Proposed Rule 

This rule amends 33 CFR 117.897 by 

revising the current paragraph (c) to add 

the Broadway Bridge to the bridges for 

which there is the notice requirement 

for openings. The point of contact for 

both upstream and downstream traffic is 

the Hawthorne Bridge rather than the 

Broadway and Hawthorne, respectively. 

The Burnside Bridge is required to 

operate both leaves per the same 

schedule. 

We received no letters commenting on 

the proposed rule. No public hearing 

was requested, and none was held. 

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. The Coast Guard made this 

determination based on the fact that 

most vessel operators can plan their 

passage in accordance with the closed 

periods to minimize any impact on their 

activities. 

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 will predominantly affect 

grain ships traveling to and from the 

dock at C.L.D. Pacific Grain 

immediately upstream of the bridge on 

the east bank. The pilots of these vessels 

should be able to provide this notice 

with no undue burden. The single point 

of contact for advance notice simplifies 

the regulation for users. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule would call for no new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

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. 

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 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule would 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. 

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. 

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. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

5986 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 

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. 

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. 

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. 

We have analyzed this rule under 

Department of Homeland Security 

Directive 0023.1 and Commandant 

Instruction M16475.1D, 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 32(e) of the 

Instruction and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule involves the 

promulgation of operating regulations or 

procedures for drawbridges. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Amend § 117.897 by revising 

paragraphs (c) introductory text, 

(c)(3)(i), and (c)(3) (iii) to read as 

follows: 

§ 117.897 Willamette River. 

* * * * * 

(c) The draws of the bridges listed in 

paragraph (c)(3) of this section shall 

open on signal if appropriate advance 

notice is given to the drawtender of the 

Hawthorne Bridge subject to the 

following requirements and exceptions: 

* * * * * 

(3)(i) Broadway Bridge, mile 11.7, 

from 8 a.m. to 5 p.m. Monday through 

Friday, one hour’s notice shall be given 

for draw openings. At all other times, 

notice of at least two hours in advance 

is required. 

* * * * * 

(iii) Burnside Bridge, mile 12.4, from 

8 a.m. to 5 p.m. Monday through Friday, 

one hour’s notice shall be given for 

draw openings. At all other times, two 

hours notice is required. 

* * * * * 

Dated: December 16, 2008. 

J.P. Currier, 

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

Thirteenth Coast Guard District. 

[FR Doc. E9–2311 Filed 2–3–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2009–0004] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Atlantic Intracoastal Waterway (AIWW), 

Elizabeth River, Southern Branch, VA, 

Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the Norfolk Southern #7 Railroad 

Bridge, at AIWW mile 5.8, across the 

Elizabeth River (Southern Branch) in 

Chesapeake, VA. Under this temporary 

deviation, the drawbridge may remain 

in the closed position on specific dates 

and times to facilitate structural repairs. 

DATES: This deviation is effective from 

5 a.m. on February 1, 2009, to 11 p.m. 

on May 10, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0004 and are available online at 

www.regulations.gov. They are also 

available for inspection or copying at 

two locations: 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, 

and the Commander (dpb), Fifth Coast 

Guard District, Federal Building, 1st 

Floor, 431 Crawford Street, Portsmouth, 

VA 23704–5004 between 8 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bill H. Brazier, Bridge Management 

Specialist, Fifth Coast Guard District, at 

(757) 398–6422. 

SUPPLEMENTARY INFORMATION: The 

Norfolk Southern Corporation, who 

owns and operates this single-leaf 

bascule drawbridge, has requested a 

temporary deviation from the current 

operating regulations set out in 33 CFR 

117.997(e) to facilitate structural repairs. 

The Norfolk Southern #7 Bridge, at 

AIWW mile 5.8, across the Elizabeth 

River (Southern Branch) in Chesapeake, 

VA, has a vertical clearance in the 

closed position to vessels of 7 feet above 

mean high water. 

To complete the replacement for the 

remaining segments of curved tread 

plates on the curved segmental girders 

on the lift span, the drawbridge will be 

maintained in the closed-to-navigation 

position beginning at 5 a.m. until and 

including 11 p.m. each Sunday on 

February 1, 2009, February 8, 2009, 

March 1, 2009, March 8, 2009, April 5, 

2009, April 12, 2009, May 3, 2009, and 

May 10, 2009. 

The Coast Guard will inform the users 

of the waterway through our Local and 

Broadcast Notices to Mariners of the 

opening restrictions of the draw span to