Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), Elizabeth River, Southern Branch, VA, Maintenance, 5986-5987 [E9-2339]
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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
VerDate Nov<24>2008
16:03 Feb 03, 2009
Jkt 217001
promulgation of operating regulations or
procedures for drawbridges.
ACTION: Notice of temporary deviation
from regulations.
List of Subjects in 33 CFR Part 117
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
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:
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Coast Guard, DHS.
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Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations
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
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.
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0112]
RIN 1625–AA11
‘‘Gasco’’ Regulated Navigation Area,
Willamette River, Portland, OR
Background and Purpose
Coast Guard, DHS.
ACTION: Final rule.
AGENCY:
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.
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 https://
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.,
ADDRESSES:
VerDate Nov<24>2008
16:03 Feb 03, 2009
Jkt 217001
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:
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.
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5987
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
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]]>Agencies
[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Rules and Regulations]
[Pages 5986-5987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2339]
-----------------------------------------------------------------------
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
[[Page 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
