[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Rules and Regulations]
[Pages 12551-12553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6627]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-1095]
RIN 1625-AA09


Drawbridge Operation Regulation; Chehalis, Hoquiam, and Wishkah 
Rivers, Aberdeen and Hoquiam, WA, Schedule Change

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation 
regulation for the Washington State drawbridges across the Chehalis, 
Hoquiam, and Wishkah Rivers at Grays Harbor, Washington. The change 
reduces staffing requirements during the night when openings are 
infrequent. The rule does this by modifying the number of hours of 
advance notice required for draw openings and establishing the 
telephone as the only means of initial contact for openings at night.

DATES: This rule is effective April 24, 2009.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2008-1095 and are available online at 
http://www.regulations.gov. This material is also available for 
inspection or copying at two locations: The Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays and Commander (dpw), Thirteenth Coast Guard District, 915 
Second Avenue, Room 3510, Seattle, WA 98174-1067, between 8 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Austin Pratt, Chief, Bridge Section, Waterways Management Branch, 
Thirteenth Coast Guard District, telephone 206-220-7282. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On November 26, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Chehalis, Hoquiam, and 
Wishkah Rivers, Aberdeen and Hoquiam, WA, Schedule Change in the 
Federal Register (73 FR 229). Two responses were received from the 
public. No public hearing was requested, and none was held.

Background and Purpose

    This rule enables the Washington State Department of 
Transportation, the owner of the drawbridges across the Chehalis, 
Hoquiam, and Wishkah Rivers at Grays Harbor, Washington, to reduce the 
staffing of the Chehalis Bridge, which currently maintains a radio 
watch during the night hours when advance notice is required for 
openings of the draws of all of those bridges.
    One-hour notice is currently required for openings of the Chehalis 
River Bridge from one hour after sunset to one hour before sunrise and 
for all openings of the Simpson Avenue Bridge, Hoquiam River mile 0.5, 
the Riverside Avenue Bridge, Hoquiam River mile 0.9, the Heron Street 
Bridge, Wishkah River mile 0.2, and the Wishkah Street Bridge, Wishkah 
River, mile 0.4.
    The reduction in staffing is appropriate because the draws of those 
bridges rarely have to been opened during the period affected. In fact, 
during the entire year of 2007 only 50 openings were requested for the 
bridges between 9 p.m. and 5 a.m., which equates to an average of less 
than one opening per week during those hours. Furthermore, most of the 
requests were made by telephone. Whenever operators are at the Chehalis 
River Bridge a normal radio watch will be maintained.

Discussion of Comments and Changes

    Two comments were received from parties affected by this rule. Both 
comments appeared to misunderstand some of the provisions of the rule. 
Specifically, the rule requires notice of one hour rather than four 
hours as one commenter believed. Another commenter appeared to believe 
that a radio watch would never be maintained under the rule, but the 
rule provides for a normal radio watch to be maintained whenever 
operators are present. The commenters' objections were resolved as 
noted and no changes were made to the rule based on the comments 
received.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. We reached this conclusion 
because the draws of the bridges rarely have to been opened during the 
period affected, the draws will still be opened in a reasonable amount 
of time, and most vessel operators already use the telephone to request 
openings of the draws.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a

[[Page 12552]]

substantial number of small entities. 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 bridges during the period affected. This action 
will not have a significant economic impact on a substantial number of 
small entities, however, because the bridges rarely have to been opened 
during the period affected, the draws will still be opened in a 
reasonable amount of time, and most vessel operators already use the 
telephone to request openings of the draws.

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 so that they can better evaluate 
its effects on them and participate in the rulemaking process.

Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of Information and Regulatory Affairs has 
not designated this as a significant energy action. Therefore, it does 
not require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 0023.1 and Commandant Instruction 
M16475.lD which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that this is one of a category of 
actions which, individually or cumulatively, is not likely to have a 
significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

0
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.

0
2. Revise Sec.  117.1031 to read as follows:


Sec.  117.1031  Chehalis River.

    The draw of the SR 101 highway bridge, mile 0.1, at Aberdeen shall 
open on signal from 5 a.m. to 9 p.m., except that from 7:15 a.m. to 
8:15 a.m. and 4:15 p.m. to 5:15 p.m., Monday through Friday, except 
Federal holidays, the draw need not open for vessels of less than 5000 
gross tons. At all other times, the draw shall open on signal if at 
least one hour notice is given by telephone to the Washington State 
Department of Transportation. The opening signal is one prolonged blast 
followed by one short blast.

0
3. In Sec.  117.1047 revise paragraphs (c) and (d) to read as follows:

[[Page 12553]]

Sec.  117.1047  Hoquiam River.

* * * * *
    (c) The draw of the Simpson Avenue Bridge, mile 0.5, at Hoquiam, 
shall open on signal if at least one hour notice is given by telephone 
to the Washington State Department of Transportation. The opening 
signal is two prolonged blasts followed by one short blast.
    (d) The draw of the Riverside Avenue Bridge, mile 0.9, at Hoquiam, 
shall open on signal if at least one hour notice is given by telephone 
to the Washington State Department of Transportation. The opening 
signal is two prolonged blasts followed by two short blasts.

0
4. In Sec.  117.1065 revise paragraph (c) to read as follows:


Sec.  117.1065  Wishkah River.

* * * * *
    (c) The draws of the Heron Street Bridge, mile 0.2 and the Wishkah 
Street Bridge, mile 0.4, at Aberdeen, shall open on signal if at least 
one hour notice is given by telephone to the Washington State 
Department of Transportation. The opening signal for both bridges is 
one prolonged blast followed by two short blasts.

    Dated: March 9, 2009.
J. P. Currier,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. E9-6627 Filed 3-24-09; 8:45 am]
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