Drawbridge Operation Regulation; Hoquiam River, Hoquiam, WA, 21-24 [2014-30784]

Download as PDF Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Proposed Rules § 256.22 How are construction contractors or companies selected and paid? (a) A tribe that operates the HIP under an Indian Self-Determination and Education Assistance Act agreement may renovate or replace your house. In that case, the tribe will not select or pay another vendor for the repairs or construction. (b) If a tribe that operates the HIP decides not to renovate or replace your house itself, your servicing housing office must follow approved procurement regulations, Federal procurement or other Bureau-approved tribal procurement policy. (1) Your servicing housing office will: (i) Develop a scope of work or statement of work that identifies the work to be performed; (ii) Have the BIA or tribal procurement office use a bid specification to invite bids on the project from interested parties; and (iii) Approve the winning bidder after: (A) Technical review of the bids by and written recommendation from BIA or the tribal procurement office; and (B) Determination that the bidder is qualified and capable of completing the project as advertised. (2) [Reserved] (c) Payments to the winning bidder are negotiated in the contract and based on specified delivery of services. (1) Partial payments to independent contractors will not exceed 80 percent of the value of the completed and acceptable work. (2) Recommendation for final payment will be made after final inspection and after all provisions of the contract have been met and all work has been completed. asabaliauskas on DSK5VPTVN1PROD with PROPOSALS § 256.23 Do I have to move out while work is done? (a) You will be notified by your servicing housing office that you must vacate your house only if: (1) It is scheduled for major renovations requiring that all occupants vacate the house for safety reasons; or (2) It is scheduled for replacement, which requires demolition of your current house. (b) If you are required to vacate the premises during construction, you are responsible for: (1) Locating other lodging; (2) Paying all costs associated with vacating and living away from the house; and (3) Removing all your belongings and furnishings before the scheduled beginning work date. VerDate Sep<11>2014 17:48 Dec 31, 2014 Jkt 235001 21 § 256.24 How can I be sure that construction work meets minimum standards? § 256.3(d)) to increase the number of HIP recipients. (a) At various stages of construction, a trained and qualified representative of your servicing housing office or a building inspector will review the work to ensure that it meets construction standards and building codes. Upon completion of each stage, further construction can begin only after the inspection occurs and approval is granted. (b) Inspections of construction and renovation will occur, at a minimum, at the following stages: (1) Upon completion of inspection footings and foundations; (2) Upon completeion of inspection rough-in, roughwiring, and plumbing; and (3) At final completion. § 256.30 Can I appeal actions taken under this part? § 256.25 How will I find out that the work is done? [Docket No. USCG–2014–1029] Your servicing housing office will advise you, in writing, that the work has been completed in compliance with the project contract. Also, you will have a final walk-through of the house with a representative of your servicing housing office. You will be requested to verify that you received the notice of completion of the work by signing a copy of the notice and returning it to your servicing housing office. § 256.26 Will I need flood insurance? You will need flood insurance if your house is located in an area identified as having special flood hazards under the Flood Disaster Protection Act of 1973 (Pub. L. 93–234, 87 Stat. 977). Your servicing housing office will advise you. § 256.27 Is my Federal governmentassisted house eligible for services? No. The intention of this program is to assist the neediest of the needy, who have never received services from any other Federal entity. § 256.28 I have a mobile home; am I eligible for help? Yes. If you meet the eligibility criteria in § 256.6 and funding is available, you can receive any of the HIP services identified in § 256.7. If you request Category B services and your mobile home has exterior walls less than three inches thick, you must be considered for Category C services. § 256.29 Can HIP resources be combined with other available resources? Yes. HIP resources may be supplemented with other available resources (e.g., in-kind assistance; tribal or housing authority; and any other leveraging mechanism identified in PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 You may appeal action or inaction by a BIA official, in accordance with 25 CFR part 2. Dated: December 21, 2014. Kevin K. Washburn, Assistant Secretary—Indian Affairs. [FR Doc. 2014–30692 Filed 12–31–14; 8:45 am] BILLING CODE 4310–4J–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 RIN 1625–AA09 Drawbridge Operation Regulation; Hoquiam River, Hoquiam, WA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to temporarily change the operating schedule that governs the Simpson Avenue Bridge on the Hoquiam River, mile 0.5, at Hoquiam, Washington. The proposed rule change is necessary to accommodate Washington State Department of Transportation’s (WSDOT) extensive maintenance and restoration efforts on that bridge. The bridge is currently scheduled to open on signal if at least one hour of notice is given. From April 1, 2015 to November 30, 2015, the Coast Guard proposes to only open half of the bascule, a single leaf, of the bridge when at least two hours of notice is given. DATES: Comments and related material must reach the Coast Guard on or before February 2, 2015. ADDRESSES: You may submit comments identified by docket number USCG– 2014–1029 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. SUMMARY: E:\FR\FM\02JAP1.SGM 02JAP1 22 Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Proposed Rules See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. To avoid duplication, please use only one of three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule change, call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District Bridge Program Office, telephone 206–220– 7282; email d13-pf-d13bridges@ uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking § Section Symbol U.S.C. United States Code asabaliauskas on DSK5VPTVN1PROD with PROPOSALS A. Public Participation and Request for Comments We encourage you to participate in this proposed rulemaking by submitting comments and related materials. All comments received will be posted, without change to http:// www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this proposed rulemaking (USCG–2014– 1029), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (http:// www.regulations.gov), or by fax, mail or hand delivery, but please use only one of these means. If you submit a comment online via http:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the VerDate Sep<11>2014 17:48 Dec 31, 2014 Jkt 235001 docket number [USCG–2014–1029] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period, and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG–2014–1029) in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting, but you may submit a request for a meeting that reaches the Coast Guard on or before January 20, 2015 using one of the three methods specified under ADDRESSES. Please explain why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Basis and Purpose The Washington State Department of Transportation (WSDOT), who owns and operates the Simpson Avenue Bridge on the Hoquiam River in Hoquiam, Washington, has requested a temporary change to the bridge’s existing operating regulations in order PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 to facilitate the maintenance and restoration of it. The restoration project will entail painting, rust removal, and steel repairs which require a full containment system to keep paint and debris out of the Hoquiam River. In an effort to accommodate both the needs of the waterway and highway users, WSDOT has requested a temporary rule change in order to eliminate the need to repeatedly uninstall and reinstall the containment system. As such, the Coast Guard is proposing to change the bridge’s current operating regulation from April 1, 2015 to November 30, 2015. During that time the drawbridge would be maintained in the closed position except that, upon at least two hours advance notice, half of the bascule (a single leaf) would be opened. Vessels that are able to transit under the bridge without an opening will be free to do so. However, the existing navigation clearance of the bridge will be reduced from approximately 35 feet to approximately 25 feet at mean high tide due to the required containment system. Vessel traffic along this part of the Hoquiam River consists of vessels ranging from commercial tug and barge to small pleasure craft. WSDOT has examined bridge opening logs and contacted all waterway users that have requested bridge openings throughout the last year. The input WSDOT received from waterway users indicated that the proposed change will have no impact on users. C. Discussion of Proposed Rule The Coast Guard would temporarily revise the operating regulations at 33 CFR 117.1047. The regulation currently states that the Simpson Avenue Bridge shall open on signal if at least one hour notice is given. The Coast Guard proposes to temporarily change the regulation such that from 7 a.m. on April 1, 2015 to 6 p.m. on November 30, 2015, the draw of the Simpson Avenue Bridge, on the Hoquiam River at mile 0.5, at Hoquiam, Washington, shall open half of the bascule (single leaf) when at least two hours of advance notice is given. No alternate routes are available for this waterway. Vessels that can transit under the bridge without an opening may do so at any time although the existing navigation clearance of the bridge will be reduced from approximately 35 feet to approximately 25 feet at mean high tide. D. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. E:\FR\FM\02JAP1.SGM 02JAP1 Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Proposed Rules Below we summarize our analyses based on these statutes or executive orders. asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 1. Regulatory Planning and Review This proposed rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The Coast Guard has made this finding based on the fact that all requested bridge openings will be granted with advance notification and vessels that can safely transit under the bridge may do so at any time. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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 proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would affect the following entities, some of which might be small entities: The owners or operators of vessels needing to transit the bridge at any time of day. This rulemaking will not have a significant economic impact on a substantial number of small entities for the following reasons: The bridge will still be able to open upon advance notification. Additionally, three commercial maritime businesses use this waterway and bridge. All three have stated to WSDOT a single leaf operation will not impact their business. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), VerDate Sep<11>2014 17:48 Dec 31, 2014 Jkt 235001 we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. 4. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. 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 (adjusted for inflation) or more in any one year. Though this proposed rule will not result in such expenditure, we do discuss the effects of this rulemaking elsewhere in this preamble. 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 23 9. Civil Justice Reform This proposed 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. 10. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not an economically significant rulemaking and would not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments This proposed 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. 12. Energy Effects This proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rulemaking under Department of Homeland Security Management Directive 023–01 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 action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. This rulemaking is categorically excluded, under figure 2–1, paragraph (32)(e), of the Instruction. Under figure 2–1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical E:\FR\FM\02JAP1.SGM 02JAP1 24 Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Proposed Rules exclusion determination are not required for this rulemaking. 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 proposes to amend 33 CFR part 117 as follows: ■ Hoquiam, WA, shall open on signal if at least a two hour notice is given by telephone or VHF radio to the Washington State Department of Transportation. The opening signal is two prolonged blasts followed by one short blast. * * * * * § 117.T1047 Dated: December 16, 2014. R.T. Gromlich, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. 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. Effective 7 a.m. on April 1, 2015 until 6 p.m. on November 30, 2015, suspend § 117.1047(c) and add § 117.T1047(c) to read as follows: Hoquiam River * * * * (c) Half of the draw (single leaf) of the Simpson Avenue Bridge, mile 0.5, at asabaliauskas on DSK5VPTVN1PROD with PROPOSALS * VerDate Sep<11>2014 17:48 Dec 31, 2014 Jkt 235001 PO 00000 Frm 00019 Fmt 4702 Sfmt 9990 [FR Doc. 2014–30784 Filed 12–31–14; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\02JAP1.SGM 02JAP1

Agencies

[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Proposed Rules]
[Pages 21-24]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30784]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-1029]
RIN 1625-AA09


Drawbridge Operation Regulation; Hoquiam River, Hoquiam, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to temporarily change the operating 
schedule that governs the Simpson Avenue Bridge on the Hoquiam River, 
mile 0.5, at Hoquiam, Washington. The proposed rule change is necessary 
to accommodate Washington State Department of Transportation's (WSDOT) 
extensive maintenance and restoration efforts on that bridge. The 
bridge is currently scheduled to open on signal if at least one hour of 
notice is given. From April 1, 2015 to November 30, 2015, the Coast 
Guard proposes to only open half of the bascule, a single leaf, of the 
bridge when at least two hours of notice is given.

DATES: Comments and related material must reach the Coast Guard on or 
before February 2, 2015.

ADDRESSES:  You may submit comments identified by docket number USCG-
2014-1029 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.

[[Page 22]]

    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of three 
methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule change, call or email Steven M. Fischer, Bridge 
Administrator, Thirteenth Coast Guard District Bridge Program Office, 
telephone 206-220-7282; email d13-pf-d13bridges@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by 
submitting comments and related materials. All comments received will 
be posted, without change to http://www.regulations.gov and will 
include any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
proposed rulemaking (USCG-2014-1029), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online (http://www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-1029] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit them by mail 
and would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period, and may 
change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-1029) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for a meeting that reaches the Coast Guard on or before January 
20, 2015 using one of the three methods specified under ADDRESSES. 
Please explain why one would be beneficial. If we determine that one 
would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

B. Basis and Purpose

    The Washington State Department of Transportation (WSDOT), who owns 
and operates the Simpson Avenue Bridge on the Hoquiam River in Hoquiam, 
Washington, has requested a temporary change to the bridge's existing 
operating regulations in order to facilitate the maintenance and 
restoration of it. The restoration project will entail painting, rust 
removal, and steel repairs which require a full containment system to 
keep paint and debris out of the Hoquiam River.
    In an effort to accommodate both the needs of the waterway and 
highway users, WSDOT has requested a temporary rule change in order to 
eliminate the need to repeatedly uninstall and reinstall the 
containment system. As such, the Coast Guard is proposing to change the 
bridge's current operating regulation from April 1, 2015 to November 
30, 2015. During that time the drawbridge would be maintained in the 
closed position except that, upon at least two hours advance notice, 
half of the bascule (a single leaf) would be opened.
    Vessels that are able to transit under the bridge without an 
opening will be free to do so. However, the existing navigation 
clearance of the bridge will be reduced from approximately 35 feet to 
approximately 25 feet at mean high tide due to the required containment 
system.
    Vessel traffic along this part of the Hoquiam River consists of 
vessels ranging from commercial tug and barge to small pleasure craft. 
WSDOT has examined bridge opening logs and contacted all waterway users 
that have requested bridge openings throughout the last year. The input 
WSDOT received from waterway users indicated that the proposed change 
will have no impact on users.

C. Discussion of Proposed Rule

    The Coast Guard would temporarily revise the operating regulations 
at 33 CFR 117.1047. The regulation currently states that the Simpson 
Avenue Bridge shall open on signal if at least one hour notice is 
given. The Coast Guard proposes to temporarily change the regulation 
such that from 7 a.m. on April 1, 2015 to 6 p.m. on November 30, 2015, 
the draw of the Simpson Avenue Bridge, on the Hoquiam River at mile 
0.5, at Hoquiam, Washington, shall open half of the bascule (single 
leaf) when at least two hours of advance notice is given. No alternate 
routes are available for this waterway. Vessels that can transit under 
the bridge without an opening may do so at any time although the 
existing navigation clearance of the bridge will be reduced from 
approximately 35 feet to approximately 25 feet at mean high tide.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking.

[[Page 23]]

Below we summarize our analyses based on these statutes or executive 
orders.

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. The Coast Guard has made this 
finding based on the fact that all requested bridge openings will be 
granted with advance notification and vessels that can safely transit 
under the bridge may do so at any time.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This proposed rule would affect 
the following entities, some of which might be small entities: The 
owners or operators of vessels needing to transit the bridge at any 
time of day. This rulemaking will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: The bridge will still be able to open upon advance 
notification. Additionally, three commercial maritime businesses use 
this waterway and bridge. All three have stated to WSDOT a single leaf 
operation will not impact their business.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. 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 proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule will not 
result in such expenditure, we do discuss the effects of this 
rulemaking elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rulemaking 
and would not create an environmental risk to health or risk to safety 
that might disproportionately affect children.

11. Indian Tribal Governments

    This proposed 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rulemaking under Department of Homeland 
Security Management Directive 023-01 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 action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
This rulemaking is categorically excluded, under figure 2-1, paragraph 
(32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical

[[Page 24]]

exclusion determination are not required for this rulemaking. 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 proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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.

0
2. Effective 7 a.m. on April 1, 2015 until 6 p.m. on November 30, 2015, 
suspend Sec.  117.1047(c) and add Sec.  117.T1047(c) to read as 
follows:


Sec.  117.T1047  Hoquiam River

* * * * *
    (c) Half of the draw (single leaf) of the Simpson Avenue Bridge, 
mile 0.5, at Hoquiam, WA, shall open on signal if at least a two hour 
notice is given by telephone or VHF radio to the Washington State 
Department of Transportation. The opening signal is two prolonged 
blasts followed by one short blast.
* * * * *

    Dated: December 16, 2014.
R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.

[FR Doc. 2014-30784 Filed 12-31-14; 8:45 am]
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