[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18114-18116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07317]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the Simpson Avenue Bridge on the Hoquiam River, 
mile 0.5, at Hoquiam, Washington. This temporary final rule is 
necessary to accommodate Washington State Department of 
Transportation's (WSDOT) extensive maintenance and restoration efforts 
on this bridge. WSDOT will only open one leaf of the double leaf 
bascule bridge when at least two hours of notice is given.

DATES: This temporary final rule is effective from 7 a.m. on April 1, 
2015 to 11 p.m. on November 30, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-1029. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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. The telephone number is 
202-366-9329.
    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. Regulatory History and Information

    On January 2, 2015, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; Hoquiam 
River, Hoquiam, WA'' in the Federal Register (80 FR 21). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register because to wait otherwise would be 
impracticable because WSDOT's work will commence on April 1, 2015 and, 
as noted below, there is no indication that the change will have a 
significant impact on any waterways users.

B. Basis and Purpose

    WSDOT, who owns and operates the Simpson Avenue Bridge on the 
Hoquiam River in Hoquiam, Washington, has requested a change to the 
bridge's existing operating regulations in order to facilitate the 
maintenance and restoration of the bridge. 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 rule change in order to eliminate 
the need to repeatedly uninstall and reinstall the containment system. 
As such, the Coast Guard will 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, one leaf of the double leaf 
bascule bridge would be opened.
    Vessels that are able to transit under the bridge without an 
opening will be free to do so. However, the existing vertical 
navigation clearance of the closed draw span leaf (one half of the 
double leaf draw bridge), will be reduced from approximately 35 feet to 
approximately 25 feet at mean high tide and the horizontal navigation 
clearance will be reduced from 125 feet to approximately 52 feet. 
Navigation clearance reduction is due to the installation of a 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 temporary rule 
change will have no impact on the known users.

C. Discussion of Final Rule

    The Coast Guard will 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 will 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 vertical navigation 
clearance of the closed draw span (one half of the double leaf draw 
bridge), will be reduced from approximately 35 feet to approximately 25 
feet at mean high tide and the horizontal navigation clearance will be 
reduced from 125 feet to approximately 52 feet. Navigation clearance 
reduction is due to the installation of a required containment system.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This 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

[[Page 18115]]

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 rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels needing to 
transit the 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.

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 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.
    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.

4. 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).

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 rule, after receiving no comments, 
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 rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This 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 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 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.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

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

14. Environment

    We have analyzed this rule 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 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. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This rule 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 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

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.

[[Page 18116]]

Sec.  117.1047  [Amended]

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


Sec.  117.T1047  Hoquiam River.

* * * * *
    (e) 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: March 18, 2015.
R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2015-07317 Filed 4-1-15; 11:15 am]
 BILLING CODE 9110-04-P