[Federal Register Volume 73, Number 88 (Tuesday, May 6, 2008)]
[Rules and Regulations]
[Pages 24866-24868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9818]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2007-0043]
RIN 1625-AA09


Drawbridge Operation Regulations; Arkansas Waterway, Little Rock, 
AR, Operation Change

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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[[Page 24867]]

SUMMARY: The Coast Guard is revising the drawbridge operations for the 
Baring Cross Railroad Drawbridge across the Arkansas Waterway at Mile 
119.6 at Little Rock, Arkansas, to reflect the actual procedures 
currently being followed. The revised regulation accurately depicts 
where the drawbridge operator is located and that the bridge, which is 
remotely operated, is equipped with a Photoelectric Boat Detection 
System.

DATES: This rule is effective on June 5, 2008.

ADDRESSES: Comments and related materials received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, are part of docket USCG-2007-0043 and are available online at 
http://www.regulations.gov. This material is also available for 
inspection or copying at two locations: 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 and the COMMANDER (dwb), Eighth Coast Guard District Bridge 
Branch, 1222 Spruce Street, Room 2.107f, St. Louis, MO 63103-2832, 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Mr. Roger K. Wiebusch, Bridge Administrator, (314) 269-2378. 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 January 9, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Arkansas Waterway, 
Little Rock, AR in the Federal Register (73 FR 1565). 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 33 CFR 117.123(b)(1), 
states that any vessel requiring an opening of the draw of the Baring 
Cross Railroad Drawbridge, Mile 119.6, shall contact the remote 
drawbridge operator in North Little Rock, Arkansas. The Coast Guard has 
determined that the remote operation is, in fact, conducted from Union 
Pacific's Harriman Dispatch Center in Omaha, Nebraska and a regulation 
change is needed to accurately reflect the location. In addition, as 
indicated in the Coast Guard bridge permit, the bridge is required to 
have audio and visual aids to permit remote operation. A sentence 
stating that the bridge is equipped with a Photoelectric Boat Detection 
System will be added to 33 CFR 117.123(b)(1) to clarify this issue.

Discussion of Comments and Changes

    There were no comments to the proposed regulatory test.

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.
    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. The operating procedures are 
already in place at the Baring Cross Railroad Drawbridge, Mile 119.6, 
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 will 
not have a significant economic impact on a substantial number of small 
entities. This rule is neutral to all business entities since it only 
clarifies how the bridge is operated and the bridge is still required 
to open on demand for vessels.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), 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 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.

Taking of Private Property

    This rule will 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 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

[[Page 24868]]

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 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.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Words of Issuance and Regulatory Text

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. Amend Sec.  117.123 by revising paragraph(b)(1) 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, Nebraska. 
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. 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.

    Dated: April 17, 2008.
J.H. Korn,
Captain U.S. Coast Guard, Commander 8th Coast Guard District, Acting.
[FR Doc. E8-9818 Filed 5-5-08; 8:45 am]
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