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[Federal Register Volume 75, Number 208 (Thursday, October 28, 2010)]
[Rules and Regulations]
[Pages 66306-66308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27236]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0228]
RIN 1625-AA09

Drawbridge Operation Regulation; Arkansas Waterway, Little Rock, 
AR

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: Drawbridge operations for the Baring Cross Railroad Drawbridge 
across the Arkansas Waterway at Mile 119.6 at Little Rock, Arkansas. 
Vessel operators shall contact the remote drawbridge operator via 
microphone keying four times within five seconds on VHF-FM Channel 13 
when requesting a draw opening. This keying will activate an indicator 
on the remote drawbridge operator's console and send an acknowledgement 
tone back to the vessel. The remote drawbridge operator will then 
establish verbal radio communications with the vessel and operate the 
drawspan as normal.

DATES: This rule is effective November 29, 2010.

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-2010-0228 and are available online by 
going to http://www.regulations.gov, inserting USCG-2010-0228 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Eric A. Washburn, Bridge Administrator, Coast Guard, 
telephone (314) 269-2378, e-mail [email protected]. 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 June 2, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Arkansas Waterway, 
Little

[[Page 66307]]

Rock, AR in the Federal Register (75 FR 105). We received no comments 
on the proposed rule. No public meeting was requested, and none was 
held.

Background and Purpose

    The Arkansas Waterway is a part of the McClellan-Kerr Arkansas 
River Navigation System. The System rises in the vicinity of Catoosa, 
Oklahoma, and embraces improved natural waterways and a canal to empty 
into the Mississippi River in southeast Arkansas. The Arkansas Waterway 
drawbridge operation regulations contained in 33 CFR 117.123(b), state 
that the draw of the Baring Cross Railroad Drawbridge, mile 119.6, at 
Little Rock, Arkansas, is maintained in the closed to navigation 
position and is remotely operated. Vessels requesting an opening shall 
establish contact by radio/telephone with the remote drawbridge 
operator on VHF-FM Channel 13 in Omaha, Nebraska. In order to better 
differentiate between vessel and rail traffic for the remote drawbridge 
operator, Union Pacific Railroad has requested this drawbridge be 
operated where vessels would key their VHF-FM radio microphone four 
times in five seconds and would receive an acknowledgement tone from 
the remote drawbridge operator. The keying-in will initiate an 
indicator on the remote drawbridge operator's console and the operator 
will then establish normal verbal radio communications with the vessel.
    The Coast Guard has determined this regulation change will improve 
communications between the remote drawbridge operator and vessel 
operators, reducing drawspan opening delays experienced previously from 
missed calls under the prior regulatory guidance.

Discussion of Comments and Changes

    There were no comments to the proposed regulatory change.

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 on commercial traffic 
operating on the Arkansas Waterway to be so minimal that a full 
Regulatory Evaluation is unnecessary. The operating procedures affected 
by this change will be for the benefit of vessels transiting the 
bridge, reduced drawspan opening delays under the new regulatory 
guidance are anticipated.

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 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.

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).

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 (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.

Taking of Private Property

    This rule will 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.

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 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.

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 the Office of Information and 
Regulatory Affairs has not designated it 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

[[Page 66308]]

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 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 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.

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.  117.123(b)(1) and (2) to read as follows:

Sec.  117.123  Arkansas Waterway.

* * * * *
    (b) * * *
    (1) Normal flow procedures. Any vessel which requires an opening of 
the draw of this bridge shall establish contact by radiotelephone with 
the remote drawbridge operator on VHF-FM Channel 13 in Omaha, Nebraska. 
To establish contact, the vessel shall key the VHF-FM radio microphone 
four times in five seconds and listen for an acknowledgement tone. The 
remote drawbridge operator will then establish normal verbal radio 
communication on VHF-FM Channel 13 and advise the vessel whether the 
requested span can be immediately opened and will maintain constant 
radio contact with the vessel until the requested span has opened and 
vessel passage has been completed. The bridge is equipped with a 
Photoelectric Boat Detection System to prevent the span from lowering 
if there is an obstruction under the span. If the drawbridge cannot be 
opened immediately, the remote drawbridge operator will notify the 
calling vessel and provide an estimated time for a drawspan opening.
    (2) High velocity flow procedures. The area from mile 118.2 to mile 
125.4 is a regulated navigation area as described in Sec.  165.817. 
During periods of high velocity flow rate of 70,000 cubic feet per 
second or greater at the Murray Lock and Dam, mile 125.4, downbound 
vessels which require that the draw of this bridge be opened for 
unimpeded passage shall contact the remote drawbridge operator as 
described in paragraph (b)(1) of this section either before departing 
Murray Lock and Dam or before departing the mooring cells at mile 121.5 
to ensure that the drawspan is opened well in advance of arrival at the 
bridge. The remote drawbridge operator shall immediately respond to the 
vessel's contact, ensure the drawspan is open for passage, and ensure 
that it remains in the open to navigation position until the downbound 
vessel has safely passed through. If it cannot be opened immediately 
for unimpeded passage in accordance with Sec.  165.817, the remote 
drawbridge operator will notify the downbound vessel and provide an 
estimated time for a drawspan opening. Upbound vessels shall request 
openings in accordance with the normal flow procedures as set forth in 
paragraph (b)(1) of this section. The remote drawbridge operator shall 
keep these approaching vessels informed of the position of the drawspan 
at all times until safe passage is completed.
* * * * *

    Dated: October 15, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 2010-27236 Filed 10-27-10; 8:45 am]
BILLING CODE 9110-04-P
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