31180 Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Rules and Regulations 

outweigh the costs. We find that this final 

rule will enhance public health and promote 

the safer use of OTC acetaminophen and 

NSAID drug products. 

6. Final Regulatory Flexibility Analysis 

This economic analysis, together with 

other relevant sections of this document, 

serves as our final regulatory flexibility 

analysis, as required under the Regulatory 

Flexibility Act. For our preliminary 

regulatory flexibility analysis, we calculated 

the average annualized compliance costs for 

firms in each size category and determined 

that the average annualized compliance costs 

totaled less than 1 percent of average receipts 

for all firm sizes. In 2007 dollars, the 

estimated annualized present value cost per 

SKU is $492 (i.e., $11.1 million divided by 

22,500 SKUs) using a 7 percent discount rate 

over 10 years, and $416 per SKU ($9.4 

million divided by 22,500 SKUs) using a 3 

percent discount rate over 10 years. For 

private label SKUs only, the annualized 

present value cost per SKU is $321 ($3.6 

million divided by 11,250 SKUs) using a 7 

percent discount rate over 10 years, or $271 

per private label SKU ($3.0 divided by 11,250 

SKUs) using a 3 percent discount rate over 

10 years. Similar to the proposed rule, the 

average annualized compliance costs of the 

final rule remain under 1 percent of average 

receipts for all firm sizes. Therefore, we 

tentatively conclude that this final rule will 

not have a significant economic impact on a 

substantial number of small entities. 

2. On page 19407, in the second 

column, add the following reference: 

57. Eastern Research Group, Inc., 

‘‘Addendum to the Cost Benefit Analysis: 

Final Internal Analgesic, Antipyretic and 

Antirheumatic Drug Products Rulemaking,’’ 

Final Report, July 30, 2008. 

§ 201.326 [Corrected] 

■ 3. On page 19408, in the third column, 

correct the first sentence in 

§ 201.326(a)(2)(iii)(A) to read as follows: 

‘‘Stomach bleeding warning [heading in 

bold type]: This product contains an 

NSAID, which may cause severe 

stomach bleeding.’’ 

■ 4. On page 19409, in the first column, 

correct the first sentence in 

§ 201.326(a)(2)(iv)(A)(1) to read as 

follows: ‘‘Stomach bleeding warning 

[heading in bold type]: This product 

contains an NSAID, which may cause 

severe stomach bleeding.’’ 

■ 5. On page 19409, in the second 

column, correct the first sentence in 

§ 201.326(a)(2)(v)(A) to read as follows: 

‘‘Stomach bleeding warning [heading in 

bold type]: This product contains an 

NSAID, which may cause severe 

stomach bleeding.’’ 

Dated: June 23, 2009. 

Jeffrey Shuren, 

Associate Commissioner for Policy and 

Planning. 

[FR Doc. E9–15403 Filed 6–29–09; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2008–1216] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Potomac River, Between MD and VA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the drawbridge operation regulations of 

the new Woodrow Wilson Memorial (I– 

95) Bridge, mile 103.8, across the 

Potomac River between Alexandria, VA 

and Oxon Hill, MD. This rule is being 

made in an effort to minimize the 

potential for major regional vehicular 

traffic impacts and consequences during 

bridge openings of the draw span while 

still providing for reasonable needs of 

marine traffic. 

DATES: This rule is effective July 30, 

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– 

1216 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 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: If 

you have questions on this rule, call 

Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District, at 757–398–6222. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On February 9, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled, ‘‘Drawbridge Operation 

Regulations; Potomac River, Between 

MD and VA’’ (74 FR 6359). We received 

no comments on the published NPRM. 

No public meeting was requested, and 

none was held. 

Background and Purpose 

On July 2, 2008, we published a 

temporary regulation entitled 

‘‘Drawbridge Operation Regulations; 

Potomac River, Between MD and VA,’’ 

in the Federal Register (73 FR 37806). 

While construction continued, the 

temporary rule allowed the drawbridge 

to remain closed-to-navigation each day 

from 10 a.m. to 2 p.m. until and 

including March 1, 2009. 

The MD State Highway 

Administration and the VA Department 

of Transportation, co-owners of the 

drawbridge, requested to permanently 

maintain the Woodrow Wilson Bridge in 

the closed-to-navigation position each 

day from 10 a.m. to 2 p.m. This request 

was made in an effort to minimize the 

potential for major regional vehicular 

traffic impacts and consequences during 

bridge openings. 

In reaching our decision to implement 

this request, we balanced the large 

volume of vehicular traffic moving 

across the bridge against the lack of 

large commercial vessel traffic seeking 

to use the bridge during this period. The 

Woodrow Wilson Bridge is part of the 

Capital Beltway Interstate Highway 

System. It is a critical component of that 

system for both local and regional traffic 

moving into, around, and through the 

Washington, DC metro area. Bridge 

openings cause significant traffic delays. 

From a river-user standpoint, the 

coordinators for the construction of the 

new Woodrow Wilson Bridge Project 

have received no requests from boaters 

or mariners to open the bridge during 

the 10 a.m. to 2 p.m. timeframe since 

the first temporary deviation was issued 

in late June 2006. In fact, no requests 

have been received for an opening of the 

new bridge at all since July 3, 2006. 

Finally, the coordinators have received 

no complaints on the 10 a.m. to 2 p.m. 

restriction. This rule will affect only 

vessels with mast heights of 75 feet or 

greater. Furthermore, all operators of 

affected vessels with mast heights 

greater than 75 feet will be able to 

request an opening of the drawbridge in 

the ‘‘off-peak’’ vehicle traffic hours 

(evening and overnight) in accordance 

with 33 CFR 117.255(a). As discussed in 

the Notice of Proposed Rulemaking, 

currently, 33 CFR 117.255(a)(2)(i) states 

(paraphrasing) that the drawbridge need 

not open for the passage of a 

commercial vessel, Monday through 

Friday, 5 a.m. to 10 a.m. and 2 p.m. to 

8 p.m. This final rule connects the two 

time periods by extending the operating 


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Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Rules and Regulations 31181 

regulation to cover the entire period 

from 5 a.m. until 8 p.m. We considered 

the alternative of narrowing the mid-day 

window from 10 a.m. to 2 p.m. to make 

it a shorter window. However, since 

there were no vessel requests for this 

time period at all, we rejected this 

option. We also considered taking no 

action at all; however, due to the high 

volume of vehicle traffic using the 

bridge, we rejected this option as well. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments to the NPRM. Therefore, we 

will implement a final rule with no 

changes to the NPRM. If commercial 

vessel traffic patterns change, we will 

revisit the operating requirements. 

Questions or concerns regarding the 

opening of the Woodrow Wilson 

Memorial Bridge may be directed to the 

person identified in the For Further 

Information Section of this final rule. 

Requests to change the operating 

schedule for this bridge should be sent 

to the Fifth District Commander in 

Portsmouth, Virginia (See 33 CFR 

117.8). 

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 reached this conclusion 

based on the fact that these changes 

have only a minimal impact on 

maritime traffic transiting through the 

bridge. All operators of affected vessels 

with mast heights greater than 75 feet 

will be able to request an opening of the 

drawbridge in the ‘‘off-peak’’ vehicle 

traffic hours (evening and overnight) in 

accordance with 33 CFR 117.255(a), and 

mariners can plan their trips in 

accordance with the scheduled bridge 

openings to minimize delays. 

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 could affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit through the 

bridge, between the hours of 10 a.m. and 

2 p.m., Monday through Friday. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. This rule only adds 

minimal restrictions to the movement of 

navigation. All operators of affected 

vessels with mast heights greater than 

75 feet will be able to request an 

opening of the drawbridge in the ‘‘offpeak’’ vehicle traffic hours (evening and 

overnight) in accordance with 33 CFR 

117.255(a). Additionally, mariners who 

plan their transits in accordance with 

the scheduled bridge openings can 

minimize delay. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

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 calls 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 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. 

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 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’’ 


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31182 Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Rules and Regulations 

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. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D 

and Department of Homeland Security 

Management Directive 5100.1, which 

guides the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA)(42 U.S.C. 4321– 

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e) of the Instruction, from further 

environmental documentation. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this 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. In § 117.255 revise paragraph 

(a)(2)(i) to read as follows: 

§ 117.255 Potomac River. 

* * * * * 

(a) * * * 

(2) * * * 

(i) From Monday through Friday 

(except Federal holidays), 5 a.m. to 8 

p.m. 

* * * * * 

Dated: June 25, 2009. 

Fred M. Rosa, Jr., 

Rear Admiral, United States Coast Guard 

Commander, Fifth Coast Guard District. 

[FR Doc. E9–15559 Filed 6–26–09; 4:15 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 668, 686, 690, and 691 

[Docket ID ED–2009–OPE–0001] 

RIN 1840–AC96 

Student Assistance General 

Provisions; Teacher Education 

Assistance for College and Higher 

Education (TEACH) Grant Program; 

Federal Pell Grant Program; Academic 

Competitiveness Grant Program and 

National Science and Mathematics 

Access To Retain Talent Grant 

Program 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Interim final rule; correction. 

SUMMARY: The Department of Education 

is correcting an interim final regulation 

that was published in the Federal 

Register on May 1, 2009. These interim 

final regulations implemented 

provisions of the Higher Education Act 

of 1965 (HEA), as amended by the 

Ensuring Continued Access to Student 

Loans Act of 2008 (ECASLA) and the 

Higher Education Opportunity Act of 

2008 (HEOA), related to the Academic 

Competitiveness Grant (ACG) and 

National Science and Mathematics 

Access to Retain Talent Grant (National 

SMART Grant) Programs. 

DATES: Effective July 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sophia McArdle, Office of 

Postsecondary Education, U.S. 

Department of Education, 1990 K Street, 

NW., Room 8019, Washington, DC 

20006–8544. Telephone: (202) 219– 

7078. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1– 

800–877–8339. 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under this section. 

SUPPLEMENTARY INFORMATION: 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Delegation of Authority: The Secretary 

of Education has delegated authority to 

Daniel T. Madzelan, Director, 

Forecasting and Policy Analysis for the 

Office of Postsecondary Education, to 

perform the functions of the Assistant 

Secretary for Postsecondary Education. 

■ In FR Doc. E9–10094, appearing on 

page 20210 in the Federal Register on 

May 1, 2009, the following corrections 

are made: 

§ 691.63 [Corrected] 

■ 1. On page 20224, in the second 

column, in § 691.63, in amendment 19, 

instruction G is corrected to read as 

follows: ‘‘Revising paragraph (c)(3).’’ 

■ 2. On page 20224, in the second 

column, the regulatory text of § 691.63 

is corrected by setting out the revised 

paragraph (c)(3) as follows: 

§ 691.63 Calculation of a grant for a 

payment period. 

* * * * * 

(c) * * * 

(3) Multiplying his or her ACG or 

National SMART Grant annual award 

determined under paragraph (c)(2) of 

this section by the following fraction as 

applicable: or 

In a program using semesters or 

trimesters— 


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