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

Dated: March 27, 2015. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2015–07772 Filed 4–2–15; 8:45 am] 

BILLING CODE 4110–BE–P 

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 d13-pf-d13bridges@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Cheryl Collins, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

§ Section Symbol 

U.S.C. United States Code 

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 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations 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 

■ 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. 


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

§ 117.1047 [Amended] 

■ 2. In § 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: 

§ 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 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AP33 

Technical Corrections 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) amends its regulations to 

remove out-of-date legal citations and 

add the correct authority. This 

rulemaking contains only 

nonsubstantive, technical changes. 

DATES: This rule is effective April 3, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Michael Rasmussen, Consultant, 

Regulations Staff (211D), Compensation 

Service, Department of Veterans Affairs, 

810 Vermont Avenue NW., Washington, 

DC 20420, (202) 461–9700. (This is not 

a toll-free telephone number.) 

SUPPLEMENTARY INFORMATION: On 

December 2, 2005, VA published a final 

rule removing 38 CFR 3.5(e) and adding 

38 CFR 3.10. 70 FR 72211. Section 

3.10(e)(3) regards payment information 

for surviving spouses in receipt of 

Dependency and Indemnity 

Compensation (DIC) and clearly 

contains an erroneous cross reference to 

§ 3.351(f), which regards death pension. 

Therefore, VA is correcting this 

technical error by removing the cross 

reference to § 3.351(f) and adding, in its 

place, a cross reference to § 3.351(e), the 

paragraph regarding DIC. 

On September 30, 1997, VA published 

a final rule redesignating 38 CFR 

3.105(h) as § 3.105(i). 62 FR 51274. 

However, VA failed to update the cross 

reference to § 3.105(h)(1) in 38 CFR 

3.655(c)(4). Therefore, VA is correcting 

the cross reference in § 3.655(c)(4) to 

correctly refer to § 3.105(i)(1). 

Lastly, on December 29, 2006, VA 

published a final rule redesignating 38 

CFR 3.1000(a)(4) as § 3.1000(a)(5) and 

adding a new paragraph § 3.1000(a)(4). 

71 FR 78368. However, VA failed to 

update the cross references to 

§ 3.1000(a)(4) in §§ 3.1000(b)(3), (c)(1), 

and (f) and 3.1003(a). Therefore, VA is 

correcting the above-noted sections to 

correctly refer to § 3.1000(a)(5). 

Administrative Procedure Act 

Pursuant to the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), VA 

has determined that prior notice and 

opportunity for comment on this 

rulemaking are unnecessary. This final 

rule consists of nonsubstantive, 

technical changes that merely amend 

VA’s regulations to reflect the correct 

legal citations. For this reason, VA has 

also determined that there is good cause 

to waive the 30-day delayed effective 

date requirement under 5 U.S.C. 

553(d)(3). 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

12866 (Regulatory Planning and 

Review) defines a ‘‘significant 

regulatory action’’ requiring review by 

the Office of Management and Budget 

(OMB), unless OMB waives such 

review, as ‘‘any regulatory action that is 

likely to result in a rule that may: (1) 

Have an annual effect on the economy 

of $100 million or more or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; (3) 

Materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) Raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in this Executive 

Order.’’ 

The economic, interagency, 

budgetary, legal, and policy 

implications of this regulatory action 

have been examined, and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. VA’s impact analysis can be 

found as a supporting document at 

http://www.regulations.gov, usually 

within 48 hours after the rulemaking 

document is published. Additionally, a 

copy of this rulemaking and its impact 

analysis are available on VA’s Web site 

at http://www.va.gov/orpm/, by 

following the link for VA Regulations 

Published from FY 2004 through Fiscal 

Year to Date. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility Act 

(5 U.S.C. 601–612). This final rule will 

directly affect only individuals and will 

not directly affect small entities. 

Therefore, pursuant to 5 U.S.C. 605(b), 

this rulemaking is exempt from the final 

regulatory flexibility analysis 

requirements of section 604. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This final rule will have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this document are 

64.101, Burial Expenses Allowance for 

Veterans; 64.104, Pension for NonService-Connected Disability for 

Veterans; 64.105, Pension to Veterans 

Surviving Spouses, and Children; 

64.109, Veterans Compensation for 

Service-Connected Disability; 64.110, 

Veterans Dependency and Indemnity 


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