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 

Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations 5987 

minimize transiting delays caused by 

the temporary deviation. 

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 12, 2009. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. E9–2339 Filed 2–3–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0112] 

RIN 1625–AA11 

‘‘Gasco’’ Regulated Navigation Area, 

Willamette River, Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a Regulated Navigation 

Area on the Willamette River, Portland, 

Oregon Captain of the Port Zone. This 

action is necessary to preserve the 

integrity of the clean engineered pilot 

cap placed over a portion of the NW 

Natural ‘‘Gasco’’ site (Site) remediation 

area as part of the Environmental 

Protection Agency (EPA) Superfund 

clean up action. This rule is needed to 

prohibit activities that would cause 

disturbance of pilot cap material which 

was placed to isolate and contain 

underlying contaminated sediment. 

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–2008–0112 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– 

2008–0112 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, D.C. 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays and U.S. Coast 

Guard Sector Portland, 6767 North 

Basin Ave., Portland, OR 97217 between 

8 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

MST1 Jaime Sayers, U.S. Coast Guard 

Sector Portland, Waterways 

Management Division, telephone 503– 

240–9300. 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, 2008, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘ ‘Gasco’ Regulated Navigation 

Area, Willamette River, Portland, OR’’ 

in the Federal Register (73 FR 31397). 

We received no letters commenting on 

the proposed rule. No public meeting 

was requested, and none was held. 

Background and Purpose 

On April 28, 2004, NW Natural 

entered into an Administrative Order 

with the U.S. Environmental Protection 

Agency to perform a number of actions 

in association with removing a tar body 

at the surface of the near shore sediment 

adjacent to the Site. The Site is located 

in the Portland Harbor Superfund site at 

approximately river mile 6.5 on the 

Willamette River. As part of these 

actions, a pilot cap was designed and 

constructed to cap over a portion of the 

removal area. The purpose of the pilot 

cap is to place a barrier over a portion 

of the removal area and monitor the 

performance of the pilot cap until the 

Portland Harbor Superfund Site 

Remedial Investigation/Feasibility 

Study is completed and a final remedy 

is evaluated for the Site. The 

information collected during the interim 

will be used to help evaluate 

contamination loading through the pilot 

cap due to residual contamination in 

sediments and/or potential ground 

water migration through the pilot cap, 

and to help determine whether capping 

might be an effective remedy for future 

remediation at the Site. Accordingly, a 

regulated navigation area is needed to 

limit disturbances to the pilot cap 

reducing a potential hazardous release 

into the Willamette River. 

Discussion of Comments and Changes 

No comments were received on this 

rule during the comment period such 

that no changes have been made to the 

rule. 

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. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

The effect of this regulation will not be 

significant based on the fact there will 

be minimal, if any, effect on the 

navigable waterway around the 

regulated area due to the regulated 

navigation area’s proximity to the shore. 

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 affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

a portion of the Willamette River. This 

rule will not have a significant 

economic impact on a substantial 

number of small entities because the 

regulated navigation area is limited in 

size leaving ample room for vessels to 

navigate around the area. Vessels 

engaged in commerce with the existing 

refueling pipeline located within the 

site should not be affected by this 

regulation in those activities but are 

advised to minimize potential impacts 

such as anchoring, wake scouring, and 

dragging in the vicinity of the pilot cap. 

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