[Federal Register Volume 71, Number 109 (Wednesday, June 7, 2006)]
[Proposed Rules]
[Pages 32883-32885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8847]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-06-005]
RIN 1625-AA09


Drawbridge Operation Regulations; Arkansas Waterway, AR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to change the operational 
language concerning 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. The Coast Guard is also proposing 
to remove the regulations governing the following three bridges because 
they are locked in the open-to-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. These revisions will make the regulations 
concerning the Arkansas River clearer, thus the mariners transiting the 
river will be able to transit the river with greater ease.

DATES: Comments and related material must reach the Coast Guard on or 
before August 7, 2006.

ADDRESSES: You may mail comments and related material to Commander, 
Eighth Coast Guard District, Bridge Branch, 1222 Spruce Street, St. 
Louis, MO 63103-2832. Commander (dwb) maintains the public docket for 
this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at room 2.107f in the Robert A. Young Federal 
Building, Eighth Coast Guard District, between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge 
Administrator, (314) 539-3900, extension 2378.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD08-06-
005], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Eighth Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that a meeting 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 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 should not 
be included in the drawbridge regulations section of the CFR. Section 
(a) of Sec.  117.139 references the Sec.  117.123 cite for the

[[Page 32884]]

Missouri Pacific Railroad Drawbridge (Benzal Railroad Drawbridge), mile 
7.6, so section (a) also requires removal from the regulations. 
Therefore, sections (b) and (c) of Sec.  117.139 will need to be re-
alphabetized.

Discussion of Proposed Rule

    The proposed changes to Sec.  117.123 and Sec.  117.139 will 
correct inaccuracies as follows: (a) A complete rewrite of Sec.  
117.123(a) to show the proper operating procedures for the Rob Roy 
Bridge; (b) A deletion of two bridges (Rock Island Railroad Drawbridge 
and the Junction Railroad Drawbridge) from Sec.  117.123(b) that are no 
longer drawbridges and a rewrite of this section to accurately reflect 
the remote operation of the remaining bridge, the Baring Cross Railroad 
Bridge; (c) Delete the Missouri Pacific Railroad Drawbridge (Benzal 
Railroad Drawbridge) from Sec.  117.123(c) as it is no longer a 
drawbridge and make minor edits to Sec.  117.123(c) for the Van Buren 
Railroad Drawbridge to make it consistent with the other drawbridges 
found in Sec.  117.123; and (d) Remove Sec.  117.139(a) in its entirety 
as it is no longer applicable because the subject bridge is no longer a 
drawbridge.

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 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 
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 affects only how the vessel operators request bridge openings.
    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 could 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. Roger K. Wiebusch, Bridge 
Administrator, Eighth Coast Guard District, Bridge Branch, at (314) 
539-3900, extension 2378.

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 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 $100,000,000 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 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 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 may 
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

[[Page 32885]]

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 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 proposed 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

    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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Public Law 102-587, 106 Stat. 5039.

    2. Replace the current Sec.  117.123 in full with an amended Sec.  
117.123 as follows:


Sec.  117.123  Arkansas Waterway--Automated Railroad Bridges.

    (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 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 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]

    3. In Sec.  117.139(a) remove paragraph (a) and redesignate 
paragraphs (b) and (c) as paragraphs (a) and (b), respectively.

    Dated: May 16, 2006.
Ronald W. Branch,
Captain, U.S. Coast Guard, Commander, Eighth Coast Guard District, 
Acting.
[FR Doc. E6-8847 Filed 6-6-06; 8:45 am]
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