[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Proposed Rules]
[Pages 30750-30753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13121]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0228]
RIN 1625-AA09


Drawbridge Operation Regulation; Arkansas Waterway, Little Rock, 
AR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to revise the operating procedures on 
the Baring Cross Railroad Drawbridge across the Arkansas Waterway at 
mile 119.6 at Little Rock, AR, so that vessel operators will contact 
the remote drawbridge operator via microphone keying four times within 
five seconds on VHF-FM Channel 13 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 would then establish normal verbal radio 
communications. The intent is to isolate and differentiate the vessel 
operator radio communications from the railroad communications that the 
remote drawbridge operator receives, thus ensuring that vessel calls 
receive immediate attention.

DATES: Comments and related material must reach the Coast Guard on or 
before August 2, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0228 using any one of the following four methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Mr. Eric Washburn, Bridge Management Specialist, 
Eighth Coast Guard District, Bridge Branch; telephone 314-269-2378, e-
mail [email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0228), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an e-mail address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2010-0228'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during

[[Page 30751]]

the comment period and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0228'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why one would be beneficial. If we determine 
that one 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 part of the McClellan-Kerr Arkansas River 
Navigation System. This system rises in the vicinity of Catoosa, OK and 
embraces improved natural waterways and a canal to empty into the Lower 
Mississippi River in southeast Arkansas. The Arkansas Waterway 
drawbridge operation regulations contained in 33 CFR 117.123(b) state 
that the draw of the Baring Cross Railroad Drawbridge, mile 119.6, at 
Little Rock, AR is maintained in the closed position and is remotely 
operated. Vessels requesting an opening shall establish contact by 
radiotelephone with the remote drawbridge operator on VHF-FM Channel 13 
in Omaha, NE. In order to better differentiate between vessel and land 
traffic for the remote drawbridge operator, Union Pacific has requested 
that this drawbridge be operated similarly to how another Union 
Pacific-owned drawbridge is operated, the Rob Roy Drawbridge, mile 67.4 
on the Arkansas Waterway near Pine Bluff, AR where vessels key their 
microphone four times in five seconds in order to initiate contact with 
the remote drawbridge operator. The same method would be enacted at the 
Baring Cross Railroad Drawbridge. Vessel operators would key their 
microphones four times in five seconds and would receive an 
acknowledgement tone from the remote drawbridge operator stationed at 
the Union Pacific Harriman Center in Omaha, NE. The keying-in initiates 
an indicator on the remote drawbridge operator's console and the remote 
drawbridge operator will then establish normal verbal radio 
communications on VHF-FM Channel 13. The Coast Guard met with Union 
Pacific personnel at the Harriman Center to discuss the proposed 
changes. In addition, the Coast Guard did a test at the Harriman Center 
to witness how communications would work and how the console is 
monitored. The Coast Guard has determined that this regulatory change 
would improve communications between the remote drawbridge operator and 
vessel operators and reduce delays due to missed calls by isolating 
vessel operator contacts from railroad contacts at the Harriman Center.

Discussion of Proposed Rule

    The proposed changes to 33 CFR 117.123(b)(1) and (2) should enhance 
communications while reducing the number of missed calls and draw 
opening delays at the Baring Cross Railroad Drawbridge.

Regulatory Analyses

    We developed this proposed 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 proposed 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 proposed 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 a different bridge on the same waterway and vessel 
operators are accustomed to 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 proposed 
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 only alters the initial contact between vessels and 
the drawbridge operator and the Baring Cross Railroad Drawbridge is 
still required to open on demand for vessels.
    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 can 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. Eric Washburn, Bridge 
Management Specialist, Eighth Coast Guard District, Bridge Branch, at 
314-269-2378. The Coast Guard will not retaliate against small entities 
that question or complain about this proposed rule or any policy or 
action of the Coast Guard.

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

[[Page 30752]]

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 $100,000,00 (adjusted for 
inflation) 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 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 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 might 
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 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 proposed 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 
made a preliminary determination that this action is one of a category 
of actions which do not individually or cumulatively have a significant 
effect on the human environment because it simply promulgates the 
operating regulations or procedures for drawbridges. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

    2. In Sec.  117.123, revise paragraphs(b)(1) and (b)(2) to read 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, NE. To 
establish contact, the vessel shall key the radio microphone four times 
in five seconds and listen for an acknowledgement tone. The remote 
drawbridge operator will then establish normal verbal radio 
communications on VHF-FM Channel 13 and advise the vessel whether the 
requested span can be immediately opened and will 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.
    (2) High Velocity Flow Procedures. The area from mile 118.2 to mile 
125.4 is a regulated navigation area 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 as described above in Sec.  117.123(b)(1) 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 contact, 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.  165.817, 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 in

[[Page 30753]]

Sec.  117.123(b)(1). The remote drawbridge operator shall keep all 
approaching vessels informed of the position of the drawbridge span.
* * * * *

    Dated: May 10, 2010.
James E. Tunstall,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist. Acting.
[FR Doc. 2010-13121 Filed 6-1-10; 8:45 am]
BILLING CODE 9110-04-P