[Federal Register: December 7, 2006 (Volume 71, Number 235)]
[Rules and Regulations]
[Page 70877-70880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de06-13]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-06-005]
RIN 1625-AA09
Drawbridge Operation Regulations; Arkansas Waterway, Arkansas
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising the drawbridge operations for the
Rob Roy Drawbridge across the Arkansas Waterway at Mile 67.4 at Pine
Bluff, Arkansas, the Baring Cross Railroad Drawbridge across the
Arkansas Waterway at Mile 119.6 at Little Rock, Arkansas, and the Van
Buren Railroad Drawbridge across the Arkansas Waterway at Mile 300.8 at
Van Buren, Arkansas, to reflect the actual procedures currently being
followed. In addition, the following three bridges will be removed from
33 CFR 117.123 as they are locked in the open-to-
[[Page 70878]]
navigation position and are no longer considered to be drawbridges:
Missouri Pacific Railroad Drawbridge (Benzal Railroad Drawbridge)
across the Arkansas Waterway at Mile 7.6 at Benzal, Arkansas, the Rock
Island Railroad Drawbridge across the Arkansas Waterway at Mile 118.2
at Little Rock, Arkansas, and the Junction Railroad Drawbridge across
the Arkansas Waterway at Mile 118.7 at Little Rock, Arkansas. Section
117.139 is being revised as paragraph (a) is no longer needed since the
Missouri Pacific Railroad Drawbridge (Benzal Railroad Drawbridge) is
locked in the open-to-navigation position.
DATES: This rule is effective on January 8, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD8-06-005 and are available for inspection or
copying at room 2.107(f), in the Robert A. Young Federal Building,
Eighth Coast Guard District, 1222 Spruce Street, St. Louis, MO 63103-
2832, between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. Commander (dwb), Eighth Coast Guard District, Bridge Branch
maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 269-2378.
SUPPLEMENTARY INFORMATION:
Regulatory History
On June 7, 2006, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations, Arkansas Waterway, AR
in the Federal Register (71 FR 32883). We received no letters
commenting 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 Sec. 117.123(a), state
that the Cotton Belt Railroad (Rob Roy) Bridge, mile 67.4, requires the
use of ship's horns and flashing lights on the bridge to communicate
between mariners requesting openings and railroad dispatchers remotely
operating the bridge. Although not stated in Sec. 117.123(a), records
indicate that the method of communication outlined in Sec. 117.123(a)
was to be used by mariners and the remote bridge operator as a back-up
means of communications. The Coast Guard, however, has determined that
the primary method of communications outlined in Sec. 117.123(a) has
not been used during the past 20 years. It is doubtful that the system
of horns and flashing lights was ever used. Instead, mariners and
remote bridge operators have communicated via VHF-FM radiotelephone for
opening the Rob Roy Drawbridge. The Coast Guard also determined that
editorial changes were needed to correct inaccuracies in the specific
requirements for the Baring Cross Railroad Drawbridge and the Van Buren
Railroad Drawbridge. Three bridges on the Arkansas Waterway--the
Missouri Pacific Railroad Drawbridge (Benzal Railroad Drawbridge) at
mile 7.6, the Rock Island Railroad Drawbridge at Mile 118.2, and the
Junction Railroad Drawbridge at Mile 118.7--have all been removed from
rail service. Meetings with the owners indicate that all three bridges
have been permanently locked in the open-to-navigation position and
that there are plans to convert them into fixed pedestrian bridges in
the future. Therefore, they are considered fixed bridges and will be
removed from drawbridge regulations section of the CFR. Section (a) of
Sec. 117.139 references the Sec. 117.123 cite for the Missouri
Pacific Railroad Drawbridge (Benzal Railroad Drawbridge), mile 7.6, so
section (a) also requires removal from the regulations. Therefore,
paragraphs (b) and (c) of Sec. 117.139 will be redesignated as (a) and
(b).
Discussion of Comments and Changes
There were no comments on nor changes made from the proposed rule.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security.
The Coast Guard expects that these changes will have a minimal
economic impact on commercial traffic operating on the Arkansas
Waterway. The procedures are already in place at the three active
drawbridges, the other three drawbridges have been locked in the open-
to-navigation position, and the changes to the CFR documents the
procedures.
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
would not have a significant economic impact on a substantial number of
small entities. This rule is neutral to all business entities since it
affects only how the vessel operators request bridge openings.
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 could better evaluate
its effects on them and participate in the rulemaking.
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.
[[Page 70879]]
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 may
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 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 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 Commandant Instruction M16475.1D,
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 there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore this rule is categorically excluded under figure
2-1, paragraph 32(e) of the Instruction from further environmental
documentation. Paragraph 32(e) excludes the promulgation of operating
regulations or procedures for drawbridges from the environmental
documentation requirements of the National Environmental Policy Act
(NEPA). Since this regulation would alter the normal operating
conditions of the drawbridge, it falls within this exclusion. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Revise Sec. 117.123 to read as follows:
Sec. 117.123 Arkansas Waterway.
(a) Across the Arkansas Waterway, the draw of the Rob Roy
Drawbridge, mile 67.4 at Pine Bluff, Arkansas, is maintained in the
closed position and is remotely operated. Any vessel requiring an
opening of the draw shall establish contact by radiotelephone with the
remote drawbridge operator on VHF-FM Channel 12 in Omaha, Nebraska. The
remote drawbridge operator will advise the vessel whether the bridge
can be immediately opened and maintain constant contact with the vessel
until the span has opened and the 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 shall notify the calling vessel and provide an
estimated time for opening.
(b) Across the Arkansas Waterway, the draw of the Baring Cross
Railroad Drawbridge, mile 119.6 at Little Rock, Arkansas, is maintained
in the closed position and is remotely operated. Use the following
procedures to request an opening of this bridge when necessary for
transit:
(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 North Little
Rock, Arkansas. The remote drawbridge operator will advise the vessel
whether the requested span can be immediately opened and maintain
constant contact with the vessel until the requested span has opened
and the vessel passage has been completed. If the drawbridge cannot be
opened immediately, the remote drawbridge operator will notify the
calling vessel and provide an estimated time for a drawbridge opening.
(2) High Velocity Flow Procedures. The area from mile 118.2 to mile
125.4 is a regulated navigation area (RNA) as described in Sec.
165.817. During periods of high velocity flow, which is defined as a
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 on VHF-FM Channel 13 either before departing Murray
Lock and Dam, or before departing the mooring cells at Mile 121.5 to
ensure that the Baring Cross Railroad Drawbridge is opened. The remote
drawbridge operator shall immediately respond to the vessel's call,
ensure that the drawbridge is open for passage, and ensure that it
remains in the open position until the downbound vessel has passed
through. If it cannot be opened immediately for unimpeded passage in
accordance with Sec. 163.203, the remote drawbridge operator will
immediately notify the downbound vessel and provide an estimated time
for
[[Page 70880]]
a drawbridge opening. Upbound vessels shall request openings in
accordance with the normal flow procedures as set forth above. The
remote drawbridge operator shall keep all approaching vessels informed
of the position of the drawbridge span.
(c) Across the Arkansas Waterway, the draw of the Van Buren
Railroad Drawbridge, mile 300.8 at Van Buren, Arkansas, is maintained
in the open position except as follows:
(1) When a train approaches the bridge, amber lights attached to
the bridge begin to flash and an audible signal on the bridge sounds.
At the end of 10 minutes, the amber light continues to flash; however,
the audible signal stops and the draw lowers and locks if the
photoelectric boat detection system detects no obstruction under the
span. If there is an obstruction, the draw opens to its full height
until the obstruction is cleared.
(2) After the train clears the bridge, the draw opens to its full
height, the amber flashing light stops, and the mid channel lights
change from red to green, indicating the navigation channel is open for
the passage of vessels.
Sec. 117.139 [Amended]
0
3. In Sec. 117.139, remove paragraph (a); and redesignate paragraphs
(b) and (c) as paragraphs (a) and (b), respectively.
Dated: November 6, 2006.
Ronald W. Branch,
Captain, U.S. Coast Guard Commander, 8th Coast Guard Dist, Acting.
[FR Doc. E6-20706 Filed 12-6-06; 8:45 am]
BILLING CODE 4910-15-P