Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Proposed Rules 21 

§ 256.22 How are construction contractors 

or companies selected and paid? 

(a) A tribe that operates the HIP under 

an Indian Self-Determination and 

Education Assistance Act agreement 

may renovate or replace your house. In 

that case, the tribe will not select or pay 

another vendor for the repairs or 

construction. 

(b) If a tribe that operates the HIP 

decides not to renovate or replace your 

house itself, your servicing housing 

office must follow approved 

procurement regulations, Federal 

procurement or other Bureau-approved 

tribal procurement policy. 

(1) Your servicing housing office will: 

(i) Develop a scope of work or 

statement of work that identifies the 

work to be performed; 

(ii) Have the BIA or tribal 

procurement office use a bid 

specification to invite bids on the 

project from interested parties; and 

(iii) Approve the winning bidder after: 

(A) Technical review of the bids by 

and written recommendation from BIA 

or the tribal procurement office; and 

(B) Determination that the bidder is 

qualified and capable of completing the 

project as advertised. 

(2) [Reserved] 

(c) Payments to the winning bidder 

are negotiated in the contract and based 

on specified delivery of services. 

(1) Partial payments to independent 

contractors will not exceed 80 percent 

of the value of the completed and 

acceptable work. 

(2) Recommendation for final 

payment will be made after final 

inspection and after all provisions of the 

contract have been met and all work has 

been completed. 

§ 256.23 Do I have to move out while work 

is done? 

(a) You will be notified by your 

servicing housing office that you must 

vacate your house only if: 

(1) It is scheduled for major 

renovations requiring that all occupants 

vacate the house for safety reasons; or 

(2) It is scheduled for replacement, 

which requires demolition of your 

current house. 

(b) If you are required to vacate the 

premises during construction, you are 

responsible for: 

(1) Locating other lodging; 

(2) Paying all costs associated with 

vacating and living away from the 

house; and 

(3) Removing all your belongings and 

furnishings before the scheduled 

beginning work date. 

§ 256.24 How can I be sure that 

construction work meets minimum 

standards? 

(a) At various stages of construction, 

a trained and qualified representative of 

your servicing housing office or a 

building inspector will review the work 

to ensure that it meets construction 

standards and building codes. Upon 

completion of each stage, further 

construction can begin only after the 

inspection occurs and approval is 

granted. 

(b) Inspections of construction and 

renovation will occur, at a minimum, at 

the following stages: 

(1) Upon completion of inspection 

footings and foundations; 

(2) Upon completeion of inspection 

rough-in, roughwiring, and plumbing; 

and 

(3) At final completion. 

§ 256.25 How will I find out that the work 

is done? 

Your servicing housing office will 

advise you, in writing, that the work has 

been completed in compliance with the 

project contract. Also, you will have a 

final walk-through of the house with a 

representative of your servicing housing 

office. You will be requested to verify 

that you received the notice of 

completion of the work by signing a 

copy of the notice and returning it to 

your servicing housing office. 

§ 256.26 Will I need flood insurance? 

You will need flood insurance if your 

house is located in an area identified as 

having special flood hazards under the 

Flood Disaster Protection Act of 1973 

(Pub. L. 93–234, 87 Stat. 977). Your 

servicing housing office will advise you. 

§ 256.27 Is my Federal governmentassisted house eligible for services? 

No. The intention of this program is 

to assist the neediest of the needy, who 

have never received services from any 

other Federal entity. 

§ 256.28 I have a mobile home; am I 

eligible for help? 

Yes. If you meet the eligibility criteria 

in § 256.6 and funding is available, you 

can receive any of the HIP services 

identified in § 256.7. If you request 

Category B services and your mobile 

home has exterior walls less than three 

inches thick, you must be considered for 

Category C services. 

§ 256.29 Can HIP resources be combined 

with other available resources? 

Yes. HIP resources may be 

supplemented with other available 

resources (e.g., in-kind assistance; tribal 

or housing authority; and any other 

leveraging mechanism identified in 

§ 256.3(d)) to increase the number of 

HIP recipients. 

§ 256.30 Can I appeal actions taken under 

this part? 

You may appeal action or inaction by 

a BIA official, in accordance with 25 

CFR part 2. 

Dated: December 21, 2014. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2014–30692 Filed 12–31–14; 8:45 am] 

BILLING CODE 4310–4J–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: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

temporarily change the operating 

schedule that governs the Simpson 

Avenue Bridge on the Hoquiam River, 

mile 0.5, at Hoquiam, Washington. The 

proposed rule change is necessary to 

accommodate Washington State 

Department of Transportation’s 

(WSDOT) extensive maintenance and 

restoration efforts on that bridge. The 

bridge is currently scheduled to open on 

signal if at least one hour of notice is 

given. From April 1, 2015 to November 

30, 2015, the Coast Guard proposes to 

only open half of the bascule, a single 

leaf, of the bridge when at least two 

hours of notice is given. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

February 2, 2015. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2014–1029 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
22 Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Proposed Rules 

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. Public Participation and Request for 

Comments 

We encourage you to participate in 

this proposed rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

proposed rulemaking (USCG–2014– 

1029), indicate the specific section of 

this document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http://

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http://

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a phone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, type the 

docket number [USCG–2014–1029] in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Submit a 

Comment’’ on the line associated with 

this rulemaking. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period, and may 

change the rule based on your 

comments. 

2. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, type the 

docket number (USCG–2014–1029) 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. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

4. Public Meeting 

We do not now plan to hold a public 

meeting, but you may submit a request 

for a meeting that reaches the Coast 

Guard on or before January 20, 2015 

using one of the three methods specified 

under ADDRESSES. Please explain why 

one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

B. Basis and Purpose 

The Washington State Department of 

Transportation (WSDOT), who owns 

and operates the Simpson Avenue 

Bridge on the Hoquiam River in 

Hoquiam, Washington, has requested a 

temporary change to the bridge’s 

existing operating regulations in order 

to facilitate the maintenance and 

restoration of it. 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 

temporary rule change in order to 

eliminate the need to repeatedly 

uninstall and reinstall the containment 

system. As such, the Coast Guard is 

proposing to 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, half of 

the bascule (a single leaf) would be 

opened. 

Vessels that are able to transit under 

the bridge without an opening will be 

free to do so. However, the existing 

navigation clearance of the bridge will 

be reduced from approximately 35 feet 

to approximately 25 feet at mean high 

tide due to the 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 proposed change will have no 

impact on users. 

C. Discussion of Proposed Rule 

The Coast Guard would temporarily 

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 

proposes to temporarily 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 navigation clearance of the 

bridge will be reduced from 

approximately 35 feet to approximately 

25 feet at mean high tide. 

D. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Proposed Rules 23 

Below we summarize our analyses 

based on these statutes or executive 

orders. 

1. Regulatory Planning and Review 

This proposed 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 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 proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

This proposed 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. Additionally, three 

commercial maritime businesses use 

this waterway and bridge. All three have 

stated to WSDOT a single leaf operation 

will not impact their business. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed 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. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

4. Collection of Information 

This proposed rule would call 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 proposed rule 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 

proposed rule will not result in such 

expenditure, we do discuss the effects of 

this rulemaking elsewhere in this 

preamble. 

8. Taking of Private Property 

This proposed 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 proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This proposed rule is not an 

economically significant rulemaking 

and would not create an environmental 

risk to health or risk to safety that might 

disproportionately affect children. 

11. Indian Tribal Governments 

This proposed 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 proposed rule 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

14. Environment 

We have analyzed this rulemaking 

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 made a preliminary determination 

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 proposed 

rule simply promulgates the operating 

regulations or procedures for 

drawbridges. This rulemaking 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 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
24 Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Proposed Rules 

exclusion determination are not 

required for this rulemaking. 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. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 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. 

■ 2. Effective 7 a.m. on April 1, 2015 

until 6 p.m. on November 30, 2015, 

suspend § 117.1047(c) and add 

§ 117.T1047(c) to read as follows: 

§ 117.T1047 Hoquiam River 

* * * * * 

(c) 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: December 16, 2014. 

R.T. Gromlich, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2014–30784 Filed 12–31–14; 8:45 am] 

BILLING CODE 9110–04–P 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS