Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12551 

Energy Resources and Trade LLC, and 

PSEG Power LLC). 

Southern—Southern Nuclear Operating 

Company. 

Union Electric/Ameren—Union Electric 

Company and Ameren Services Company. 

NRC Staff—U.S. Nuclear Regulatory 

Commission Staff. 

Wolf Creek—Wolf Creek Nuclear Operating 

Corporation. 

[FR Doc. E9–6503 Filed 3–24–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9447] 

RIN 1545–BG80 

Automatic Contribution Arrangements 

Correction 

In rule document E9–3716 beginning 

on page 8200 in the issue of Tuesday, 

February 24, 2009, make the following 

correction: 

§1.401(m)–2 [Corrected] 

On page 8211, in §1.401(m)–2, in the 

first column, in paragraph (b)(2)(iv)(D), 

in the sixth line, ‘‘April 1, 2007 edition’’ 

should read ‘‘April 1, 2007, edition’’. 

[FR Doc. Z9–3716 Filed 3–24–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2008–1095] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Chehalis, Hoquiam, and Wishkah 

Rivers, Aberdeen and Hoquiam, WA, 

Schedule Change 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the drawbridge operation regulation for 

the Washington State drawbridges 

across the Chehalis, Hoquiam, and 

Wishkah Rivers at Grays Harbor, 

Washington. The change reduces 

staffing requirements during the night 

when openings are infrequent. The rule 

does this by modifying the number of 

hours of advance notice required for 

draw openings and establishing the 

telephone as the only means of initial 

contact for openings at night. 

DATES: This rule is effective April 24, 

2009. 

ADDRESSES: Comments and related 

materials received from the public, as 

well as documents mentioned in this 

preamble as being available in the 

docket, are part of docket USCG–2008– 

1095 and are available online at 

http://www.regulations.gov. 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 November 26, 2008, we published 

a notice of proposed rulemaking 

(NPRM) entitled Drawbridge Operation 

Regulation; Chehalis, Hoquiam, and 

Wishkah Rivers, Aberdeen and 

Hoquiam, WA, Schedule Change in the 

Federal Register (73 FR 229). Two 

responses were received from the 

public. No public hearing was 

requested, and none was held. 

Background and Purpose 

This rule enables the Washington 

State Department of Transportation, the 

owner of the drawbridges across the 

Chehalis, Hoquiam, and Wishkah Rivers 

at Grays Harbor, Washington, to reduce 

the staffing of the Chehalis Bridge, 

which currently maintains a radio 

watch during the night hours when 

advance notice is required for openings 

of the draws of all of those bridges. 

One-hour notice is currently required 

for openings of the Chehalis River 

Bridge from one hour after sunset to one 

hour before sunrise and for all openings 

of the Simpson Avenue Bridge, 

Hoquiam River mile 0.5, the Riverside 

Avenue Bridge, Hoquiam River mile 0.9, 

the Heron Street Bridge, Wishkah River 

mile 0.2, and the Wishkah Street Bridge, 

Wishkah River, mile 0.4. 

The reduction in staffing is 

appropriate because the draws of those 

bridges rarely have to been opened 

during the period affected. In fact, 

during the entire year of 2007 only 50 

openings were requested for the bridges 

between 9 p.m. and 5 a.m., which 

equates to an average of less than one 

opening per week during those hours. 

Furthermore, most of the requests were 

made by telephone. Whenever operators 

are at the Chehalis River Bridge a 

normal radio watch will be maintained. 

Discussion of Comments and Changes 

Two comments were received from 

parties affected by this rule. Both 

comments appeared to misunderstand 

some of the provisions of the rule. 

Specifically, the rule requires notice of 

one hour rather than four hours as one 

commenter believed. Another 

commenter appeared to believe that a 

radio watch would never be maintained 

under the rule, but the rule provides for 

a normal radio watch to be maintained 

whenever operators are present. The 

commenters’ objections were resolved 

as noted and no changes were made to 

the rule based on the comments 

received. 

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. 

We reached this conclusion because the 

draws of the bridges rarely have to been 

opened during the period affected, the 

draws will still be opened in a 

reasonable amount of time, and most 

vessel operators already use the 

telephone to request openings of the 

draws. 

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 


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12552 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

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 would not 

have a significant economic impact on 

a substantial number of small entities. 

This rule would affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels needing to transit the bridges 

during the period affected. This action 

will not have a significant economic 

impact on a substantial number of small 

entities, however, because the bridges 

rarely have to been opened during the 

period affected, the draws will still be 

opened in a reasonable amount of time, 

and most vessel operators already use 

the telephone to request openings of the 

draws. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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 affect 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 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it would 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 

Information and Regulatory Affairs has 

not designated this 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. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 0023.1 

and Commandant Instruction 

M16475.lD which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this is one of a category of actions 

which, individually or cumulatively, is 

not likely to have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

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; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.1031 to read as 

follows: 

§ 117.1031 Chehalis River. 

The draw of the SR 101 highway 

bridge, mile 0.1, at Aberdeen shall open 

on signal from 5 a.m. to 9 p.m., except 

that from 7:15 a.m. to 8:15 a.m. and 4:15 

p.m. to 5:15 p.m., Monday through 

Friday, except Federal holidays, the 

draw need not open for vessels of less 

than 5000 gross tons. At all other times, 

the draw shall open on signal if at least 

one hour notice is given by telephone to 

the Washington State Department of 

Transportation. The opening signal is 

one prolonged blast followed by one 

short blast. 

■ 3. In § 117.1047 revise paragraphs (c) 

and (d) to read as follows: 


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Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12553 

§ 117.1047 Hoquiam River. 

* * * * * 

(c) The draw of the Simpson Avenue 

Bridge, mile 0.5, at Hoquiam, shall open 

on signal if at least one hour notice is 

given by telephone to the Washington 

State Department of Transportation. The 

opening signal is two prolonged blasts 

followed by one short blast. 

(d) The draw of the Riverside Avenue 

Bridge, mile 0.9, at Hoquiam, shall open 

on signal if at least one hour notice is 

given by telephone to the Washington 

State Department of Transportation. The 

opening signal is two prolonged blasts 

followed by two short blasts. 

■ 4. In § 117.1065 revise paragraph (c) to 

read as follows: 

§ 117.1065 Wishkah River. 

* * * * * 

(c) The draws of the Heron Street 

Bridge, mile 0.2 and the Wishkah Street 

Bridge, mile 0.4, at Aberdeen, shall 

open on signal if at least one hour notice 

is given by telephone to the Washington 

State Department of Transportation. The 

opening signal for both bridges is one 

prolonged blast followed by two short 

blasts. 

Dated: March 9, 2009. 

J. P. Currier, 

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

Thirteenth Coast Guard District. 

[FR Doc. E9–6627 Filed 3–24–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0156] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Upper Mississippi River, Rock Island, 

IL 

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 operations of the Rock 

Island Railroad and Highway 

Drawbridge, Mile 482.9, Rock Island, 

Illinois across the Upper Mississippi 

River. This deviation allows the bridge 

to remain in the closed to navigation 

position from 7:30 a.m. until 11:30 a.m., 

September 27, 2009. The deviation is 

necessary as the drawbridge is part of 

the annual route for the Quad City 

Marathon. 

DATES: This temporary deviation is 

effective from 7:30 a.m. until 11:30 a.m., 

September 27, 2009. 

Documents indicated in this preamble 

as being available in the docket are part 

of docket USCG–2009–0157 and are 

available online at 

http://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 

Commander, Eighth Coast Guard 

District, Room 2.107F in the Robert A. 

Young Federal Building, 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 U.S. 

Army Rock Island Arsenal requested a 

temporary deviation for the Rock Island 

Railroad and Highway Drawbridge, mile 

482.9, at Rock Island, Illinois across the 

Upper Mississippi to remain in the 

closed to navigation position as the 

drawbridge is part of the Annual Quad 

City Marathon route. The Rock Island 

Railroad and Highway 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 annual event, the 

drawbridge must be kept in the closedto-navigation position. This deviation 

allows the bridge to remain in the 

closed-to-navigation position for four 

hours from 7:30 a.m. until 11:30 a.m., 

September 27, 2009. 

There are no alternate routes for 

vessels transiting this section of the 

Upper Mississippi River. 

The Rock Island Railroad and 

Highway Drawbridge, in the closed-tonavigation position, provides a vertical 

clearance of 23.8 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 shall 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: March 10, 2009. 

Roger K. Wiebusch, 

Bridge Administrator. 

[FR Doc. E9–6666 Filed 3–24–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0157] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Upper Mississippi River, Rock Island, 

IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Commander, Eighth 

Coast Guard District has issued a 

temporary deviation from the regulation 

governing the operations of the Rock 

Island Railroad and Highway 

Drawbridge, Mile 482.9, Rock Island, 

Illinois across the Upper Mississippi 

River. This deviation allows the bridge 

to remain in the closed to navigation 

position from 8:30 a.m. until 10:30 a.m., 

May 16, 2009. The deviation is 

necessary as the drawbridge is part of 

the annual route for the Quad Cities 

Heart Walk. 

DATES: This temporary deviation is 

effective from 8:30 a.m. until 10:30 a.m., 

May 16, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0157 and are available online at 

http://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 

Commander, Eighth Coast Guard 

District, Room 2.107F in the Robert A. 

Young Federal Building, 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 U.S. 

Army Rock Island Arsenal requested a 


sroberts on PROD1PC70 with RULES