[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Rules and Regulations]
[Pages 70877-70880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20706]


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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, Arkansas

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the drawbridge operations for 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. In addition, the following three bridges will be removed from 
33 CFR 117.123 as they are locked in the open-to-

[[Page 70878]]

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. Section 
117.139 is being revised as paragraph (a) is no longer needed since the 
Missouri Pacific Railroad Drawbridge (Benzal Railroad Drawbridge) is 
locked in the open-to-navigation position.

DATES: This rule is effective on January 8, 2007.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD8-06-005 and are available for inspection or 
copying at room 2.107(f), in the Robert A. Young Federal Building, 
Eighth Coast Guard District, 1222 Spruce Street, St. Louis, MO 63103-
2832, between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Commander (dwb), Eighth Coast Guard District, Bridge Branch 
maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge 
Administrator, (314) 269-2378.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On June 7, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations, Arkansas Waterway, AR 
in the Federal Register (71 FR 32883). 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 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 will be 
removed from drawbridge regulations section of the CFR. Section (a) of 
Sec.  117.139 references the Sec.  117.123 cite for the Missouri 
Pacific Railroad Drawbridge (Benzal Railroad Drawbridge), mile 7.6, so 
section (a) also requires removal from the regulations. Therefore, 
paragraphs (b) and (c) of Sec.  117.139 will be redesignated as (a) and 
(b).

Discussion of Comments and Changes

    There were no comments on nor changes made from the proposed rule.

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 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 rule is neutral to all business entities since it 
affects only how the vessel operators request bridge openings.

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 rule so that they could better evaluate 
its effects on them and participate in the rulemaking.

Collection of Information

    This 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 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.

[[Page 70879]]

Taking of Private Property

    This 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 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 may 
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 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 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. 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 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

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


0
2. Revise 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 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

[[Page 70880]]

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 the 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]

0
3. In Sec.  117.139, remove paragraph (a); and redesignate paragraphs 
(b) and (c) as paragraphs (a) and (b), respectively.

    Dated: November 6, 2006.
Ronald W. Branch,
Captain, U.S. Coast Guard Commander, 8th Coast Guard Dist, Acting.
[FR Doc. E6-20706 Filed 12-6-06; 8:45 am]
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