[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Proposed Rules]
[Pages 36313-36316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15397]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0441]
RIN 1625-AA09


Drawbridge Operation Regulation; Arkansas Waterway, Pine Bluff, 
AR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes that operating procedures on the Rob 
Roy Drawbridge across the Arkansas Waterway at mile 67.4 at Pine Bluff, 
AR be revised in the Code of Federal Regulations to reflect that vessel 
operators contact the remote drawbridge operator via microphone keying 
on VHF-FM Channel 12 when requesting a draw opening. This keying 
activates an indicator on the remote drawbridge operator's console and 
sends an acknowledgement tone back to the vessel and the remote 
drawbridge operator then establishes normal verbal radio 
communications. This protocol is used to isolate and differentiate 
these 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 24, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0441 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://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 Administrator, 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

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any personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0441), 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-2010-0441'' 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 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-2010-0441'' 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(a) states 
that the draw of the Rob Roy Drawbridge, mile 67.4, at Pine Bluff, 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 12 in Omaha, NE. In 
order to better differentiate between vessel and land traffic 
communications at the remote drawbridge operator consol, vessel 
operators key their microphones four times in five seconds and 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 consol and 
the remote drawbridge operator then establishes normal verbal radio 
communications on VHF-FM Channel 12. The Coast Guard met with Union 
Pacific personnel, owner of the subject bridge, at the Harriman Center 
to discuss the actual procedures and witnessed a test to view how 
communications work and how the consol 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 contacts from railroad 
contacts at the Harriman Center.

Discussion of Proposed Rule

    The proposed changes to 33 CFR 117.123(a) will reflect how draw 
openings are currently performed at the Rob Roy 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 Rob Roy 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

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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 
Administrator, 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 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 (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 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 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. Revise 117.123(a) 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 to navigation position and is remotely operated. 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 12 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 12 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

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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: June 11, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard, Commander 8th Coast Guard District.
[FR Doc. 2010-15397 Filed 6-24-10; 8:45 am]
BILLING CODE 9110-04-P