SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

DHS Department of Homeland Security

FR Federal Register

OMB Office of Management and Budget

NPRM Notice of Proposed Rulemaking (Advance, Supplemental)

§ Section

U.S.C. United States Code

GWRR Genesee & Wyoming Inc.

PS&P Puget Sound and Pacific railroad

II. Background Information and Regulatory History

On June 16, 2026, the Coast Guard published a Notice of Proposed Rule Making, with a request for comments, entitled “Drawbridge Operation Regulation; Wishkah River, Aberdeen, WA” in the Federal Register (91 FR 36105). There we stated why we issued the NPRM and invited comments on our proposed regulatory action related to this regulatory change. We received one unrelated comment during the comment period that ended July 16, 2026.

III. Legal Authority and Need for Rule

The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The PS&P railroad bridge across the Wishkah River, mile 0.1, at Aberdeen, WA operates in accordance with 33 CFR 117.1065(b). Bridge logs have shown a significant reduction in bridge opening requests for ten years and the bridge is mostly cycled for maintenance. This rule is necessary to balance the needs of the railroad by reducing the need to frequently cycle the draw closed for rail traffic and back open for marine traffic while maintaining the reasonable needs of navigation.

This regulatory action is based on the ability for the PS&P railroad bridge to open on signal after the GWRR has received at least 24-hour notice by telephone or VHF radio. This rule allows any vessel that needs a draw opening to transit through the subject bridge with the proper advance notice during clear visibility or reduced visibility.

IV. Discussion of Comments, Changes and the Final Rule

The Coast Guard provided a comment period of 31 days and received one unrelated comment regarding sea lions in California. No changes were made to the content of the rule since publication of the NPRM.

This rule amends the operating schedule of the PS&P railroad bridge found in 33 CFR 117.1065(b) by allowing the bridge to be maintained in the closed-to-navigation position and requiring GWRR to fully open the swing span with a minimum of 24-hours' notice. When the draw is to be opened or closed the drawtender must sound one prolonged blast followed by one short blast. We will remove the text in 33 CFR 117.1065(b), “When the draw of the bridge is closed and the visibility at the drawtender' s station is less than one mile up or down the channel, the drawtender shall sound two prolonged blasts every minute.”

V. Regulatory Analyses

We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders.

A. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 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 received no comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities for the following reasons. While some owners or operators of vessels intending to transit the bridge may be small entities, the Coast Guard has not identified any vessel operators that will be caused significant economic impact as result of the proposed rule change. As noted earlier, only one or two vessels required openings of the drawbridge annually over the last 10 years. They would be able to continue to request openings of the drawbridge with a 24-hour notice.

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 affects 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 section.

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.

B. 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).

C. Federalism and Indian Tribal Government

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 under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.

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

D. 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 an expenditure, we do discuss the effects of this rule elsewhere in this preamble. ( printed page 70013)

E. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01, Rev.1, associated implementing instructions, and Environmental Planning Policy COMDTINST 5090.1 (series) which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The Coast Guard has determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule promulgates the operating regulations or procedures for drawbridges and is categorically excluded from further review, under paragraph L49, of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

Neither a Record of Environmental Consideration nor a Memorandum for the Record are required for this rule.

Bridges.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows:

91 FR 70011