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
Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Rules and Regulations 66309 

The contractor, Agate Construction on 

behalf of NJDOT, has requested a 

temporary deviation to the existing 

regulations for the Route 88/Veterans 

Memorial Bridge to facilitate necessary 

repairs. The repairs consist of the 

replacement of bridge traffic control 

devices (barrier gates, warning gates, 

and bridge traffic control signals) along 

with major electrical rehabilitation. 

Under this deviation, the vertical-lift 

span of the drawbridge will be 

maintained in the closed-to-navigation 

position from 7 a.m. on December 15, 

2010, through 11:59 p.m. on March 15, 

2011. 

Bridge opening data, supplied by 

NJDOT and reviewed by the Coast 

Guard, revealed a small amount of 

vessel openings of the draw span 

between the months of December and 

March in 2008 and 2009. Specifically, 

the bridge opened for vessels 15, 0, 0, 

and 4 times during the months of 

December 2008 to March 2009; and 

during the months of December 2009 to 

March 2010, the bridge opened for 

vessels 14, 0, 0, and 8 times, 

respectively. 

The Coast Guard will inform the users 

of the waterway through our Local and 

Broadcast Notices to Mariners of the 

closure period so that vessels can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

Vessels that can pass under the bridge 

without a bridge opening may continue 

to do so at anytime. The Atlantic Ocean 

is an alternate route for vessels with 

mast heights greater than 10 feet. In the 

event of an emergency, the drawbridge 

will open for vessels if at least 24 hours’ 

advance notice is given to the bridge 

operator. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulation 

is authorized under 33 CFR 117.35. 

Dated: October 14, 2010. 

Waverly W. Gregory, Jr., 

Chief, Bridge Administration Branch, Fifth 

Coast Guard District. 

[FR Doc. 2010–27237 Filed 10–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 161 and 165 

[Docket No. USCG–1998–4399] 

RIN 1625–AA58 

Vessel Traffic Service Lower 

Mississippi River 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a Vessel Traffic Service 

(VTS) on the Lower Mississippi River 

and is transferring certain vessel traffic 

management (VTM) provisions of the 

Mississippi River, Louisiana—Regulated 

Navigation Area to the VTS. This final 

rule establishes a mandatory 

participation VTS by implementing 

current voluntary practices and 

operating procedures. This rule 

facilitates vessel transits, enhances good 

order, promotes safe navigation, and 

improves existing waterway operating 

measures. The rule also proposes minor 

conforming revisions to the existing 

VTM provisions and related regulations. 

DATES: This final rule is effective 

December 27, 2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–1998–4399 and are 

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. You may also 

find this docket on the Internet by going 

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

USCG–1998–4399 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Lieutenant Commander Jim 

Larson, Office of Shore Forces (CG– 

7413), Coast Guard; telephone 202–372– 

1554, e-mail James.W.Larson@uscg.mil. 

If you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Basis and Purpose 

IV. Background 

A. Vessel Traffic Services 

B. Stakeholder Involvement 

V. Discussion of Comments and Changes 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

AIS Automatic Identification System 

DHS Department of Homeland 

Security 

LMR Lower Mississippi River 

LMRWSAC Lower Mississippi River 

Waterways Safety Advisory 

Committee 

NDG National Dialogue Group 

NPRM Notice of Proposed Rulemaking 

PAWSS Port and Waterways Safety 

Systems 

PWSA Ports and Waterways Safety Act 

PWSSC Ports and Waterways Safety 

Systems Committee 

SNPRM Supplemental Notice of 

Proposed Rulemaking 

VTC Vessel Traffic Center 

VTM Vessel Traffic Management 

VTS Vessel Traffic Service 

II. Regulatory History 

On April 26, 2000, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) entitled ‘‘Vessel 

Traffic Service Lower Mississippi River’’ 

(65 FR 24516) and requested comments 

during a 90-day comment period. Due to 

several requests for additional time to 

comment, on August 18, 2000, the Coast 

Guard published a notice (65 FR 50479) 

reopening the comment period until 

December 1, 2000. The Coast Guard 

received 23 letters containing three 

comments in response to the NPRM. 

On September 20, 2000, the Coast 

Guard published a notice of public 

meeting (65 FR 56843) announcing the 

time and place of a public meeting. On 

October 24, 2000, the Coast Guard held 

the meeting in New Orleans, LA, to 

receive comments on the proposed rule. 

Twenty-four people attended the 

meeting and two people spoke. 

On November 12, 2009, the Coast 

Guard published a supplemental notice 

of proposed rulemaking (SNPRM) 

entitled ‘‘Vessel Traffic Service Lower 

Mississippi River’’ (74 FR 58223). The 

SNPRM addressed important changes to 

maritime operations that have taken 


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