[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Rules and Regulations]
[Pages 65230-65232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26672]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2010-0441]
RIN 1625-AA09
Drawbridge Operation Regulation; Arkansas Waterway, Pine Bluff,
AR
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: Drawbridge operations for the Rob Roy Railroad Drawbridge
across the Arkansas Waterway at Mile 67.4 at Pine Bluff, Arkansas.
Vessel operators shall contact the remote drawbridge operator via
microphone keying four times within in five seconds on VHF-FM Channel
12 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 on November 22, 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-2010-0441 and are available online by
going to http://www.regulations.gov, inserting USCG-2010-0441 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 e-mail Mr. Eric A Washburn, Bridge Administrator, Coast Guard;
telephone (314) 269-2378, email [email protected]. 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 25, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Arkansas Waterway,
Pine Bluff, AR in the Federal Register (75 FR 122). 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(a), state
that the draw of the Rob Roy Railroad Drawbridge, mile 67.4, at Pine
Bluff, 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 12 in Omaha, Nebraska.
In order to better differentiate between vessel and rail traffic
for the remote drawbridge operator, Union Pacific Railroad requested
this drawbridge be operated where vessels
[[Page 65231]]
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 and reduce 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. We anticipate that the new
operating procedures enacted by this change will benefit the vessels
transiting the bridge by enhancing communications between the remote
drawbridge operator and vessel operators and reduce drawspan opening
delays.
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 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 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
[[Page 65232]]
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.
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. Revise paragraph (a) of 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 to navigation position and is remotely operated. 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 12 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 12 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.
* * * * *
Dated: October 12, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 2010-26672 Filed 10-21-10; 8:45 am]
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