[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Proposed Rules]
[Pages 30750-30753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13121]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the operating procedures on
the Baring Cross Railroad Drawbridge across the Arkansas Waterway at
mile 119.6 at Little Rock, AR, so that vessel operators will 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 would then establish normal verbal radio
communications. The intent is to isolate and differentiate the vessel
operator radio communications from the railroad communications that the
remote drawbridge operator receives, thus ensuring that vessel calls
receive immediate attention.
DATES: Comments and related material must reach the Coast Guard on or
before August 2, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0228 using any one of the following four methods:
(1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Mr. Eric Washburn, Bridge Management Specialist,
Eighth Coast Guard District, Bridge Branch; telephone 314-269-2378, e-
mail [email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0228), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2010-0228'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during
[[Page 30751]]
the comment period and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0228'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
The Arkansas Waterway is part of the McClellan-Kerr Arkansas River
Navigation System. This system rises in the vicinity of Catoosa, OK and
embraces improved natural waterways and a canal to empty into the Lower
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, AR is maintained in the closed position and is remotely
operated. Vessels requesting an opening shall establish contact by
radiotelephone with the remote drawbridge operator on VHF-FM Channel 13
in Omaha, NE. In order to better differentiate between vessel and land
traffic for the remote drawbridge operator, Union Pacific has requested
that this drawbridge be operated similarly to how another Union
Pacific-owned drawbridge is operated, the Rob Roy Drawbridge, mile 67.4
on the Arkansas Waterway near Pine Bluff, AR where vessels key their
microphone four times in five seconds in order to initiate contact with
the remote drawbridge operator. The same method would be enacted at the
Baring Cross Railroad Drawbridge. Vessel operators would key their
microphones four times in five seconds and would receive an
acknowledgement tone from the remote drawbridge operator stationed at
the Union Pacific Harriman Center in Omaha, NE. The keying-in initiates
an indicator on the remote drawbridge operator's console and the remote
drawbridge operator will then establish normal verbal radio
communications on VHF-FM Channel 13. The Coast Guard met with Union
Pacific personnel at the Harriman Center to discuss the proposed
changes. In addition, the Coast Guard did a test at the Harriman Center
to witness how communications would work and how the console is
monitored. The Coast Guard has determined that this regulatory change
would improve communications between the remote drawbridge operator and
vessel operators and reduce delays due to missed calls by isolating
vessel operator contacts from railroad contacts at the Harriman Center.
Discussion of Proposed Rule
The proposed changes to 33 CFR 117.123(b)(1) and (2) should enhance
communications while reducing the number of missed calls and draw
opening delays at the Baring Cross Railroad Drawbridge.
Regulatory Analyses
We developed this proposed 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 proposed 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 proposed 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 a different bridge on the same waterway and vessel
operators are accustomed to 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule is neutral to all business
entities since it only alters the initial contact between vessels and
the drawbridge operator and the Baring Cross Railroad Drawbridge is
still required to open on demand for vessels.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Eric Washburn, Bridge
Management Specialist, Eighth Coast Guard District, Bridge Branch, at
314-269-2378. The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard.
Collection of Information
This proposed 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
[[Page 30752]]
would either preempt State law or impose a substantial direct cost of
compliance on them. We have analyzed this proposed 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 $100,000,00 (adjusted for
inflation) or more in any one year. Though this proposed 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 proposed rule would 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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
made a preliminary determination that this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment because it simply promulgates the
operating regulations or procedures for drawbridges. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. In Sec. 117.123, revise paragraphs(b)(1) and (b)(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, NE. To
establish contact, the vessel shall key the radio microphone four times
in five seconds and listen for an acknowledgement tone. The remote
drawbridge operator will then establish normal verbal radio
communications on VHF-FM Channel 13 and advise the vessel whether the
requested span can be immediately opened and will 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.
(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, 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 as described above in Sec. 117.123(b)(1) 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 contact, 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. 165.817, the remote
drawbridge operator will immediately notify the downbound vessel and
provide an estimated time for a drawbridge opening. Upbound vessels
shall request openings in accordance with the normal flow procedures as
set forth above in
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Sec. 117.123(b)(1). The remote drawbridge operator shall keep all
approaching vessels informed of the position of the drawbridge span.
* * * * *
Dated: May 10, 2010.
James E. Tunstall,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist. Acting.
[FR Doc. 2010-13121 Filed 6-1-10; 8:45 am]
BILLING CODE 9110-04-P