[Federal Register: May 6, 2008 (Volume 73, Number 88)]
[Rules and Regulations]
[Page 24866-24868]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my08-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2007-0043]
RIN 1625-AA09
Drawbridge Operation Regulations; Arkansas Waterway, Little Rock,
AR, Operation Change
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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[[Page 24867]]
SUMMARY: The Coast Guard is revising the drawbridge operations for the
Baring Cross Railroad Drawbridge across the Arkansas Waterway at Mile
119.6 at Little Rock, Arkansas, to reflect the actual procedures
currently being followed. The revised regulation accurately depicts
where the drawbridge operator is located and that the bridge, which is
remotely operated, is equipped with a Photoelectric Boat Detection
System.
DATES: This rule is effective on June 5, 2008.
ADDRESSES: Comments and related materials received from the public, as
well as documents indicated in this preamble as being available in the
docket, are part of docket USCG-2007-0043 and are available online at
http://www.regulations.gov. This material is also available for
inspection or copying at two locations: 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 and the COMMANDER (dwb), Eighth Coast Guard District Bridge
Branch, 1222 Spruce Street, Room 2.107f, St. Louis, MO 63103-2832,
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mr. Roger K. Wiebusch, Bridge Administrator, (314) 269-2378. 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 January 9, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Arkansas Waterway,
Little Rock, AR in the Federal Register (73 FR 1565). 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 33 CFR 117.123(b)(1),
states that any vessel requiring an opening of the draw of the Baring
Cross Railroad Drawbridge, Mile 119.6, shall contact the remote
drawbridge operator in North Little Rock, Arkansas. The Coast Guard has
determined that the remote operation is, in fact, conducted from Union
Pacific's Harriman Dispatch Center in Omaha, Nebraska and a regulation
change is needed to accurately reflect the location. In addition, as
indicated in the Coast Guard bridge permit, the bridge is required to
have audio and visual aids to permit remote operation. A sentence
stating that the bridge is equipped with a Photoelectric Boat Detection
System will be added to 33 CFR 117.123(b)(1) to clarify this issue.
Discussion of Comments and Changes
There were no comments to the proposed regulatory test.
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.
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 are
already in place at the Baring Cross Railroad Drawbridge, Mile 119.6,
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 proposed 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. This rule is neutral to all business entities since it only
clarifies how the bridge is operated and the bridge is still required
to open on demand for vessels.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), 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 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 effect 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
[[Page 24868]]
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 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.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Words of Issuance and Regulatory Text
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. Amend Sec. 117.123 by revising paragraph(b)(1) 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.
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. 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 drawbridge opening.
Dated: April 17, 2008.
J.H. Korn,
Captain U.S. Coast Guard, Commander 8th Coast Guard District, Acting.
[FR Doc. E8-9818 Filed 5-5-08; 8:45 am]
BILLING CODE 4910-15-P