[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Proposed Rules]
[Pages 18264-18266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8660]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CCGD08-00-004]
RIN 2115-AE47


Drawbridge Operation Regulations for the Arkansas and White 
Rivers

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the regulation governing 
the operation of the Cotton Belt Railroad (Rob Roy) Bridge across the 
Arkansas River at mile 67.4, in the State of Arkansas. For more than 20 
years the Rob Roy Bridge has been operated using radiotelephones as the 
primary communications device between mariners and the bridge operator 
even though current regulations require horns and flashing lights. The 
change in this rule will merely make the regulation require the use of 
radiotelephone for primary communications in the operation of the 
bridge.

DATES: Comments must be received on or before June 6, 2000.

ADDRESSES: Comments may be mailed to Commander (obr), Eighth Coast 
Guard District, 1222 Spruce Street, St. Louis, MO 63103, or may be 
delivered to room 2.107F at the same address between 8:00 a.m. and 4:00 
p.m. Monday through Friday, except on Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge 
Administrator, Commander (obr), Eighth Coast Guard District, 314-539-
3900, Ext. 378.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD08-00-004) and the specific section of 
this proposal to which the comment applies, and give the reason for 
each comment. Please submit all comments and attachments in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. Persons wanting acknowledgment of receipt of 
comments should enclose stamped, self-addressed postcards or envelopes.
    The Coast Guard plans no public hearing. Individuals may request a 
public hearing by writing to the Commander (obr), at the address under 
ADDRESSES. The request should include the reasons why a hearing would 
be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The Arkansas River 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 River 
drawbridge operation regulations contained in 33

[[Page 18265]]

CFR 117.123(a), states 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 33 
CFR 117.123(a), records indicate that the method of communication 
outlined in 33 CFR 117.123(b)(1) 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 33 CFR 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 used the method outlined in 33 CFR 117.123(b)(1) as the prime 
method of communications for opening the Rob Roy Bridge.

Discussion of Proposed Rules

    Drawbridge operation regulations should be realistic in meeting the 
needs of both navigation and land traffic, and be tempered with common 
sense and good judgment. The current regulations do not reflect the 
actual method of operation for the Rob Roy Bridge. A survey of towboat 
pilots and railroad personnel revealed that the use of radiotelephones 
as the primary means of communications is preferred. The people 
involved never favored the use of ship's horns and flashing bridge 
lights. This proposal will provide regulations for operation of the Rob 
Roy Bridge that are consistent with the way the bridge is actually 
operated.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. For more than 20 years the Rob Roy Bridge has been 
operated using radiotelephones as the primary communications device 
between mariners and the bridge operator even though current 
regulations require horns and flashing lights. The change in this rule 
will merely make the published operation regulation conform to the 
actual method of operation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields and (2) governmental jurisdictions 
with populations of less than 50,000. Since the proposed regulation 
only changes the method used to communicate between mariners requesting 
bridge openings and railroad dispatchers remotely operating the bridge 
and does not affect the existing operating schedule of the bridge, 
there will be little, if any, impact on small entities. Because it 
expects the impact of this proposal to be minimal, the Coast Guard 
certified under 5 U.S.C. 605 (b) that this proposal will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

    This proposal contains no collection-of-information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under paragraph 2.B.2.a. of Commandant 
Instructions M16475.1C, this proposal is categorically excluded from 
further environmental documentation. 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

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend Part 117 of Title 33, Code of Federal Regulations, 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.123(a) is revised to read as follows:


Sec. 117.123  Arkansas Waterway--Automated Railroad Bridges.

    (a) Across the Arkansas River, the draw of the Cotton Belt Railroad 
(Rob Roy) Bridge, Mile 67.4, 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 16 in Pine Bluff, Arkansas. 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. If the drawbridge 
cannot be opened

[[Page 18266]]

immediately, the remote drawbridge operator shall notify the calling 
vessel and provide an estimated time for opening.
* * * * *

    Dated: March 29, 2000.
Paul J. Pluta,
Rear Admiral, U. S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 00-8660 Filed 4-6-00; 8:45 am]
BILLING CODE 4910-15-P