80_FR_18178 80 FR 18114 - Drawbridge Operation Regulation; Hoquiam River, Hoquiam, WA

80 FR 18114 - Drawbridge Operation Regulation; Hoquiam River, Hoquiam, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 64 (April 3, 2015)

Page Range18114-18116
FR Document2015-07317

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.

Federal Register, Volume 80 Issue 64 (Friday, April 3, 2015)
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Rules and Regulations]
[Pages 18114-18116]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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



                                                  18114                 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations

                                                    Dated: March 27, 2015.                                Program Office, telephone 206–220–                    vertical navigation clearance of the
                                                  Eric H. Holder, Jr.,                                    7282; email d13-pf-d13bridges@                        closed draw span leaf (one half of the
                                                  Attorney General.                                       uscg.mil. If you have questions on                    double leaf draw bridge), will be
                                                  [FR Doc. 2015–07772 Filed 4–2–15; 8:45 am]              viewing or submitting material to the                 reduced from approximately 35 feet to
                                                  BILLING CODE 4110–BE–P
                                                                                                          docket, call Cheryl Collins, Program                  approximately 25 feet at mean high tide
                                                                                                          Manager, Docket Operations, telephone                 and the horizontal navigation clearance
                                                                                                          202–366–9826.                                         will be reduced from 125 feet to
                                                                                                          SUPPLEMENTARY INFORMATION:                            approximately 52 feet. Navigation
                                                  DEPARTMENT OF HOMELAND
                                                                                                                                                                clearance reduction is due to the
                                                  SECURITY                                                Table of Acronyms                                     installation of a required containment
                                                  Coast Guard                                             CFR Code of Federal Regulations                       system.
                                                                                                          DHS Department of Homeland Security                     Vessel traffic along this part of the
                                                  33 CFR Part 117                                         FR Federal Register                                   Hoquiam River consists of vessels
                                                                                                          NPRM Notice of Proposed Rulemaking                    ranging from commercial tug and barge
                                                  [Docket No. USCG–2014–1029]                             § Section Symbol                                      to small pleasure craft. WSDOT has
                                                                                                          U.S.C. United States Code                             examined bridge opening logs and
                                                  RIN 1625–AA09
                                                                                                          A. Regulatory History and Information                 contacted all waterway users that have
                                                  Drawbridge Operation Regulation;                                                                              requested bridge openings throughout
                                                                                                             On January 2, 2015, the Coast Guard                the last year. The input WSDOT
                                                  Hoquiam River, Hoquiam, WA                              published a Notice of Proposed                        received from waterway users indicated
                                                  AGENCY:    Coast Guard, DHS.                            Rulemaking (NPRM) entitled                            that the temporary rule change will have
                                                                                                          ‘‘Drawbridge Operation Regulation;                    no impact on the known users.
                                                  ACTION:   Temporary final rule.
                                                                                                          Hoquiam River, Hoquiam, WA’’ in the
                                                  SUMMARY:    The Coast Guard is                          Federal Register (80 FR 21). We                       C. Discussion of Final Rule
                                                  temporarily modifying the operating                     received no comments on the proposed                     The Coast Guard will revise the
                                                  schedule that governs the Simpson                       rule. No public meeting was requested,                operating regulations at 33 CFR
                                                  Avenue Bridge on the Hoquiam River,                     and none was held.                                    117.1047. The regulation currently
                                                  mile 0.5, at Hoquiam, Washington. This                     Under 5 U.S.C. 553(d)(3), the Coast                states that the Simpson Avenue Bridge
                                                  temporary final rule is necessary to                    Guard finds that good cause exists for                shall open on signal if at least one hour
                                                  accommodate Washington State                            making this rule effective in less than 30            notice is given. The Coast Guard will
                                                  Department of Transportation’s                          days after publication in the Federal                 change the regulation such that from 7
                                                  (WSDOT) extensive maintenance and                       Register because to wait otherwise                    a.m. on April 1, 2015 to 6 p.m. on
                                                  restoration efforts on this bridge.                     would be impracticable because                        November 30, 2015, the draw of the
                                                  WSDOT will only open one leaf of the                    WSDOT’s work will commence on April                   Simpson Avenue Bridge, on the
                                                  double leaf bascule bridge when at least                1, 2015 and, as noted below, there is no              Hoquiam River at mile 0.5, at Hoquiam,
                                                  two hours of notice is given.                           indication that the change will have a                Washington, shall open half of the
                                                  DATES: This temporary final rule is
                                                                                                          significant impact on any waterways                   bascule (single leaf) when at least two
                                                  effective from 7 a.m. on April 1, 2015                  users.                                                hours of advance notice is given. No
                                                  to 11 p.m. on November 30, 2015.                        B. Basis and Purpose                                  alternate routes are available for this
                                                  ADDRESSES: Documents mentioned in
                                                                                                                                                                waterway. Vessels that can transit under
                                                                                                             WSDOT, who owns and operates the                   the bridge without an opening may do
                                                  this preamble are part of docket USCG–                  Simpson Avenue Bridge on the
                                                  2014–1029. To view documents                                                                                  so at any time, although the existing
                                                                                                          Hoquiam River in Hoquiam,                             vertical navigation clearance of the
                                                  mentioned in this preamble as being                     Washington, has requested a change to
                                                  available in the docket, go to http://                                                                        closed draw span (one half of the double
                                                                                                          the bridge’s existing operating                       leaf draw bridge), will be reduced from
                                                  www.regulations.gov, type the docket                    regulations in order to facilitate the
                                                  number in the ‘‘SEARCH’’ box and click                                                                        approximately 35 feet to approximately
                                                                                                          maintenance and restoration of the                    25 feet at mean high tide and the
                                                  ‘‘SEARCH.’’ Click on Open Docket                        bridge. The restoration project will
                                                  Folder on the line associated with this                                                                       horizontal navigation clearance will be
                                                                                                          entail painting, rust removal, and steel              reduced from 125 feet to approximately
                                                  rulemaking. You may also visit the                      repairs which require a full containment
                                                  Docket Management Facility in Room                                                                            52 feet. Navigation clearance reduction
                                                                                                          system to keep paint and debris out of                is due to the installation of a required
                                                  W12–140 on the ground floor of the                      the Hoquiam River.
                                                  Department of Transportation West                                                                             containment system.
                                                                                                             In an effort to accommodate both the
                                                  Building, 1200 New Jersey Avenue SE.,                   needs of the waterway and highway                     D. Regulatory Analyses
                                                  Washington, DC 20590, between 9 a.m.                    users, WSDOT has requested a rule                       We developed this rule after
                                                  and 5 p.m., Monday through Friday,                      change in order to eliminate the need to              considering numerous statutes and
                                                  except Federal holidays. The telephone                  repeatedly uninstall and reinstall the                executive orders related to rulemaking.
                                                  number is 202–366–9329.                                 containment system. As such, the Coast                Below we summarize our analyses
                                                     See the ‘‘Public Participation and                   Guard will change the bridge’s current                based on these statutes or executive
                                                  Request for Comments’’ portion of the                   operating regulation from April 1, 2015               orders.
                                                  SUPPLEMENTARY INFORMATION section                       to November 30, 2015. During that time
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  below for instructions on submitting                    the drawbridge would be maintained in                 1. Regulatory Planning and Review
                                                  comments. To avoid duplication, please                  the closed position except that, upon at                 This rule is not a ‘‘significant
                                                  use only one of three methods.                          least two hours advance notice, one leaf              regulatory action’’ under section 3(f) of
                                                  FOR FURTHER INFORMATION CONTACT: If                     of the double leaf bascule bridge would               Executive Order 12866, Regulatory
                                                  you have questions on this temporary                    be opened.                                            Planning and Review, as supplemented
                                                  rule change, call or email Steven M.                       Vessels that are able to transit under             by Executive Order 13563, Improving
                                                  Fischer, Bridge Administrator,                          the bridge without an opening will be                 Regulation and Regulatory Review, and
                                                  Thirteenth Coast Guard District Bridge                  free to do so. However, the existing                  does not require an assessment of


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                                                                        Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations                                         18115

                                                  potential costs and benefits under                      about this rule or any policy or action               an economically significant rule and
                                                  section 6(a)(3) of Order 12866 or under                 of the Coast Guard.                                   would not create an environmental risk
                                                  section 1 of Executive Order 13563. The                                                                       to health or risk to safety that might
                                                                                                          4. Collection of Information
                                                  Office of Management and Budget has                                                                           disproportionately affect children.
                                                  not reviewed it under those Orders. The                   This rule calls for no new collection
                                                                                                          of information under the Paperwork                    11. Indian Tribal Governments
                                                  Coast Guard has made this finding
                                                  based on the fact that all requested                    Reduction Act of 1995 (44 U.S.C. 3501–                   This rule does not have tribal
                                                  bridge openings will be granted with                    3520).                                                implications under Executive Order
                                                  advance notification and vessels that                                                                         13175, Consultation and Coordination
                                                                                                          5. Federalism
                                                  can safely transit under the bridge may                                                                       with Indian Tribal Governments,
                                                  do so at any time.                                         A rule has implications for federalism             because it would not have a substantial
                                                                                                          under Executive Order 13132,                          direct effect on one or more Indian
                                                  2. Impact on Small Entities                             Federalism, if it has a substantial direct            tribes, on the relationship between the
                                                     The Regulatory Flexibility Act of 1980               effect on the States, on the relationship             Federal Government and Indian tribes,
                                                  (RFA), 5 U.S.C. 601–612, as amended,                    between the national government and                   or on the distribution of power and
                                                  requires federal agencies to consider the               the States, or on the distribution of                 responsibilities between the Federal
                                                  potential impact of regulations on small                power and responsibilities among the                  Government and Indian tribes.
                                                  entities during rulemaking. The term                    various levels of government. We have
                                                                                                          analyzed this rule, after receiving no                12. Energy Effects
                                                  ‘‘small entities’’ comprises small
                                                  businesses, not-for-profit organizations                comments, under that Order and have                     This action is not a ‘‘significant
                                                  that are independently owned and                        determined that it does not have                      energy action’’ under Executive Order
                                                  operated and are not dominant in their                  implications for federalism.                          13211, Actions Concerning Regulations
                                                  fields, and governmental jurisdictions                                                                        That Significantly Affect Energy Supply,
                                                                                                          6. Protest Activities
                                                  with populations of less than 50,000.                                                                         Distribution, or Use.
                                                  The Coast Guard certifies under 5 U.S.C.                  The Coast Guard respects the First
                                                                                                          Amendment rights of protesters.                       13. Technical Standards
                                                  605(b) that this rule would not have a
                                                  significant economic impact on a                        Protesters are asked to contact the                     This rule does not use technical
                                                  substantial number of small entities.                   person listed in the ‘‘For Further                    standards. Therefore, we did not
                                                                                                          Information Contact’’ section to                      consider the use of voluntary consensus
                                                     This rule would affect the following
                                                                                                          coordinate protest activities so that your            standards.
                                                  entities, some of which might be small
                                                                                                          message can be received without
                                                  entities: The owners or operators of                                                                          14. Environment
                                                                                                          jeopardizing the safety or security of
                                                  vessels needing to transit the bridge at
                                                                                                          people, places or vessels.                               We have analyzed this rule under
                                                  any time of day. This rulemaking will
                                                                                                                                                                Department of Homeland Security
                                                  not have a significant economic impact                  7. Unfunded Mandates Reform Act
                                                                                                                                                                Management Directive 023–01 and
                                                  on a substantial number of small entities                 The Unfunded Mandates Reform Act                    Commandant Instruction M16475.lD,
                                                  for the following reasons: The bridge                   of 1995 (2 U.S.C. 1531–1538) requires                 which guides the Coast Guard in
                                                  will still be able to open upon advance                 Federal agencies to assess the effects of             complying with the National
                                                  notification.                                           their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                                  3. Assistance for Small Entities                        particular, the Act addresses actions                 (NEPA)(42 U.S.C. 4321–4370f), and
                                                                                                          that may result in the expenditure by a               have concluded that this action is one
                                                     Under section 213(a) of the Small                    State, local, or tribal government, in the            of a category of actions which do not
                                                  Business Regulatory Enforcement                         aggregate, or by the private sector of                individually or cumulatively have a
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 $100,000,000 (adjusted for inflation) or              significant effect on the human
                                                  we want to assist small entities in                     more in any one year. Though this rule                environment. This rule simply
                                                  understanding this rule. If the rule                    will not result in such expenditure, we               promulgates the operating regulations or
                                                  would affect your small business,                       do discuss the effects of this rule                   procedures for drawbridges. This rule is
                                                  organization, or governmental                           elsewhere in this preamble.                           categorically excluded, under figure 2–
                                                  jurisdiction and you have questions
                                                                                                          8. Taking of Private Property                         1, paragraph (32)(e), of the Instruction.
                                                  concerning its provisions or options for
                                                                                                                                                                   Under figure 2–1, paragraph (32)(e), of
                                                  compliance, please contact the person                     This rule would not cause a taking of               the Instruction, an environmental
                                                  listed in the FOR FURTHER INFORMATION                   private property or otherwise have                    analysis checklist and a categorical
                                                  CONTACT, above.                                         taking implications under Executive                   exclusion determination are not
                                                     Small businesses may send comments                   Order 12630, Governmental Actions and                 required for this rule.
                                                  on the actions of Federal employees                     Interference with Constitutionally
                                                  who enforce, or otherwise determine                     Protected Property Rights.                            List of Subjects in 33 CFR Part 117
                                                  compliance with, Federal regulations to                                                                       Bridges.
                                                  the Small Business and Agriculture                      9. Civil Justice Reform
                                                                                                                                                                  For the reasons discussed in the
                                                  Regulatory Enforcement Ombudsman                          This rule meets applicable standards                preamble, the Coast Guard amends 33
                                                  and the Regional Small Business                         in sections 3(a) and 3(b)(2) of Executive             CFR part 117 as follows:
                                                  Regulatory Fairness Boards. The                         Order 12988, Civil Justice Reform, to
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Ombudsman evaluates these actions                       minimize litigation, eliminate                        PART 117—DRAWBRIDGE
                                                  annually and rates each agency’s                        ambiguity, and reduce burden.                         OPERATION REGULATIONS
                                                  responsiveness to small business. If you
                                                  wish to comment on actions by                           10. Protection of Children                            ■ 1. The authority citation for part 117
                                                  employees of the Coast Guard, call 1–                     We have analyzed this rule under                    continues to read as follows:
                                                  888–REG–FAIR (1–888–734–3247). The                      Executive Order 13045, Protection of                    Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                  Coast Guard will not retaliate against                  Children from Environmental Health                    Department of Homeland Security Delegation
                                                  small entities that question or complain                Risks and Safety Risks. This rule is not              No. 0170.1.



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                                                  18116                  Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations

                                                  § 117.1047       [Amended]                               3.105(h) as § 3.105(i). 62 FR 51274.                  recipients thereof; or (4) Raise novel
                                                  ■ 2. In § 117.1047, effective 7 a.m. on                  However, VA failed to update the cross                legal or policy issues arising out of legal
                                                  April 1, 2015 until 6 p.m. on November                   reference to § 3.105(h)(1) in 38 CFR                  mandates, the President’s priorities, or
                                                  30, 2015, suspend paragraph (c) and add                  3.655(c)(4). Therefore, VA is correcting              the principles set forth in this Executive
                                                  paragraph (e) to read as follows:                        the cross reference in § 3.655(c)(4) to               Order.’’
                                                                                                           correctly refer to § 3.105(i)(1).                        The economic, interagency,
                                                  § 117.T1047       Hoquiam River.                           Lastly, on December 29, 2006, VA                    budgetary, legal, and policy
                                                  *      *     *     *    *                                published a final rule redesignating 38               implications of this regulatory action
                                                     (e) Half of the draw (single leaf) of the             CFR 3.1000(a)(4) as § 3.1000(a)(5) and                have been examined, and it has been
                                                  Simpson Avenue Bridge, mile 0.5, at                      adding a new paragraph § 3.1000(a)(4).                determined not to be a significant
                                                  Hoquiam, WA, shall open on signal if at                  71 FR 78368. However, VA failed to                    regulatory action under Executive Order
                                                  least a two hour notice is given by                      update the cross references to                        12866. VA’s impact analysis can be
                                                  telephone or VHF radio to the                            § 3.1000(a)(4) in §§ 3.1000(b)(3), (c)(1),            found as a supporting document at
                                                  Washington State Department of                           and (f) and 3.1003(a). Therefore, VA is               http://www.regulations.gov, usually
                                                  Transportation. The opening signal is                    correcting the above-noted sections to                within 48 hours after the rulemaking
                                                  two prolonged blasts followed by one                     correctly refer to § 3.1000(a)(5).                    document is published. Additionally, a
                                                  short blast.                                             Administrative Procedure Act                          copy of this rulemaking and its impact
                                                    Dated: March 18, 2015.                                                                                       analysis are available on VA’s Web site
                                                                                                             Pursuant to the Administrative                      at http://www.va.gov/orpm/, by
                                                  R.T. Gromlich,                                           Procedure Act, 5 U.S.C. 553(b)(B), VA
                                                  Rear Admiral, U.S. Coast Guard, Commander,                                                                     following the link for VA Regulations
                                                                                                           has determined that prior notice and                  Published from FY 2004 through Fiscal
                                                  Thirteenth Coast Guard District.                         opportunity for comment on this
                                                  [FR Doc. 2015–07317 Filed 4–1–15; 11:15 am]
                                                                                                                                                                 Year to Date.
                                                                                                           rulemaking are unnecessary. This final
                                                  BILLING CODE 9110–04–P                                   rule consists of nonsubstantive,                      Regulatory Flexibility Act
                                                                                                           technical changes that merely amend                     The Secretary hereby certifies that
                                                                                                           VA’s regulations to reflect the correct               this final rule will not have a significant
                                                  DEPARTMENT OF VETERANS                                   legal citations. For this reason, VA has              economic impact on a substantial
                                                  AFFAIRS                                                  also determined that there is good cause              number of small entities as they are
                                                                                                           to waive the 30-day delayed effective                 defined in the Regulatory Flexibility Act
                                                  38 CFR Part 3                                            date requirement under 5 U.S.C.                       (5 U.S.C. 601–612). This final rule will
                                                  RIN 2900–AP33                                            553(d)(3).                                            directly affect only individuals and will
                                                                                                           Executive Orders 12866 and 13563                      not directly affect small entities.
                                                  Technical Corrections                                                                                          Therefore, pursuant to 5 U.S.C. 605(b),
                                                                                                              Executive Orders 12866 and 13563
                                                  AGENCY:    Department of Veterans Affairs.                                                                     this rulemaking is exempt from the final
                                                                                                           direct agencies to assess the costs and
                                                  ACTION:   Final rule.                                                                                          regulatory flexibility analysis
                                                                                                           benefits of available regulatory
                                                                                                                                                                 requirements of section 604.
                                                                                                           alternatives and, when regulation is
                                                  SUMMARY:    The Department of Veterans
                                                                                                           necessary, to select regulatory                       Unfunded Mandates
                                                  Affairs (VA) amends its regulations to
                                                                                                           approaches that maximize net benefits                    The Unfunded Mandates Reform Act
                                                  remove out-of-date legal citations and
                                                                                                           (including potential economic,                        of 1995 requires, at 2 U.S.C. 1532, that
                                                  add the correct authority. This
                                                                                                           environmental, public health and safety               agencies prepare an assessment of
                                                  rulemaking contains only
                                                                                                           effects, and other advantages;                        anticipated costs and benefits before
                                                  nonsubstantive, technical changes.
                                                                                                           distributive impacts; and equity).                    issuing any rule that may result in the
                                                  DATES: This rule is effective April 3,                   Executive Order 13563 (Improving
                                                  2015.                                                                                                          expenditure by State, local, and tribal
                                                                                                           Regulation and Regulatory Review)                     governments, in the aggregate, or by the
                                                  FOR FURTHER INFORMATION CONTACT:                         emphasizes the importance of                          private sector, of $100 million or more
                                                  Michael Rasmussen, Consultant,                           quantifying both costs and benefits,                  (adjusted annually for inflation) in any
                                                  Regulations Staff (211D), Compensation                   reducing costs, harmonizing rules, and                one year. This final rule will have no
                                                  Service, Department of Veterans Affairs,                 promoting flexibility. Executive Order                such effect on State, local, and tribal
                                                  810 Vermont Avenue NW., Washington,                      12866 (Regulatory Planning and                        governments, or on the private sector.
                                                  DC 20420, (202) 461–9700. (This is not                   Review) defines a ‘‘significant
                                                  a toll-free telephone number.)                           regulatory action’’ requiring review by               Paperwork Reduction Act
                                                  SUPPLEMENTARY INFORMATION: On                            the Office of Management and Budget                     This final rule contains no provisions
                                                  December 2, 2005, VA published a final                   (OMB), unless OMB waives such                         constituting a collection of information
                                                  rule removing 38 CFR 3.5(e) and adding                   review, as ‘‘any regulatory action that is            under the Paperwork Reduction Act of
                                                  38 CFR 3.10. 70 FR 72211. Section                        likely to result in a rule that may: (1)              1995 (44 U.S.C. 3501–3521).
                                                  3.10(e)(3) regards payment information                   Have an annual effect on the economy
                                                  for surviving spouses in receipt of                      of $100 million or more or adversely                  Catalog of Federal Domestic Assistance
                                                  Dependency and Indemnity                                 affect in a material way the economy, a                 The Catalog of Federal Domestic
                                                  Compensation (DIC) and clearly                           sector of the economy, productivity,                  Assistance numbers and titles for the
                                                  contains an erroneous cross reference to                 competition, jobs, the environment,                   programs affected by this document are
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  § 3.351(f), which regards death pension.                 public health or safety, or State, local,             64.101, Burial Expenses Allowance for
                                                  Therefore, VA is correcting this                         or tribal governments or communities;                 Veterans; 64.104, Pension for Non-
                                                  technical error by removing the cross                    (2) Create a serious inconsistency or                 Service-Connected Disability for
                                                  reference to § 3.351(f) and adding, in its               otherwise interfere with an action taken              Veterans; 64.105, Pension to Veterans
                                                  place, a cross reference to § 3.351(e), the              or planned by another agency; (3)                     Surviving Spouses, and Children;
                                                  paragraph regarding DIC.                                 Materially alter the budgetary impact of              64.109, Veterans Compensation for
                                                     On September 30, 1997, VA published                   entitlements, grants, user fees, or loan              Service-Connected Disability; 64.110,
                                                  a final rule redesignating 38 CFR                        programs or the rights and obligations of             Veterans Dependency and Indemnity


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Document Created: 2015-12-18 15:29:02
Document Modified: 2015-12-18 15:29:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary final rule is effective from 7 a.m. on April 1, 2015 to 11 p.m. on November 30, 2015.
ContactIf 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.
FR Citation80 FR 18114 
RIN Number1625-AA09

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