[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Proposed Rules]
[Pages 21-24]
From the Federal Register Online via the Government Publishing 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 [email protected]. 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]
BILLING CODE 9110-04-P