66306 Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Rules and Regulations 

TABLE FOUR

Vessel Number 

Horizontal distance from the fore 

and aft centerline of the vessel in 

the athwartship direction 

*******

USS WILLIAM P. LAWRENCE ................................................................ DDG 110 ......................................... 1.86 meters. 

*******

■ 16. * * * 

Vessel Number Obstruction angle relative ship’s headings 

*******

USS WILLIAM P. LAWRENCE ................................................................ DDG 110 ......................................... 107.86 thru 112.50 [degrees]. 

*******

* * * * * 

TABLE FIVE

Vessel Number 

Masthead lights 

not over all other 

lights and obstructions. Annex I, 

sec. 2(f) 

Forward masthead light not in 

forward quarter of 

ship. Annex I, sec. 

3(a) 

After masthead 

light less than 1⁄2

ship’s length aft of 

forward masthead 

light. Annex I, sec. 

3(a) 

Percentage horizontal separation 

attained 

*******

USS WILLIAM P. LAWRENCE .............. DDG 110 X X X 14.7 

*******

* * * * * 

Approved: October 7, 2010. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law). 

[FR Doc. 2010–26375 Filed 10–27–10; 8:45 am] 

BILLING CODE 3810–FF–P 

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. 

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 

Eric.Washburn@uscg.mil. 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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Rules and Regulations 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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
66308 Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Rules and Regulations 

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. 

■ 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. 

■ 2. Revise § 117.123(b)(1) and (2) to 

read as follows: 

§ 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 § 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 § 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0973] 

Drawbridge Operation Regulation; New 

Jersey Intracoastal Waterway (NJICW), 

Point Pleasant Canal, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has issued a temporary 

deviation from the regulations 

governing the operation of the Route 88/ 

Veterans Memorial Bridge across Point 

Pleasant Canal, at NJICW mile 3.0, in 

Point Pleasant, NJ. This closure is 

necessary to facilitate extensive 

mechanical rehabilitation and to 

maintain the bridge’s operational 

integrity. 

DATES: This deviation is effective from 

7 a.m. on December 15, 2010 through 

11:59 p.m. on March 15, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0973 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0973 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search.’’ They are 

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 

e-mail Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District; telephone 757–398–6222, 

e-mail Waverly.W.Gregory@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: The New 

Jersey Department of Transportation 

(NJDOT) owns and operates the verticallift span of the Route 88/Veterans 

Memorial Bridge across Point Pleasant 

Canal along the NJICW, in Point 

Pleasant, NJ. The bridge has a vertical 

clearance in the closed position to 

vessels of 10 feet, above mean high 

water. The current operating regulations 

are outlined at 33 CFR 117.5, which 

require the bridge to open is given. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1