[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Rules and Regulations]
[Pages 65230-65232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26672]


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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: Final rule.

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SUMMARY: Drawbridge operations for the Rob Roy Railroad Drawbridge 
across the Arkansas Waterway at Mile 67.4 at Pine Bluff, Arkansas. 
Vessel operators shall contact the remote drawbridge operator via 
microphone keying four times within in five seconds on VHF-FM Channel 
12 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 
will then establish verbal radio communications with the vessel and 
operate the drawspan as normal.

DATES: This rule is effective on November 22, 2010.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2010-0441 and are available online by 
going to http://www.regulations.gov, inserting USCG-2010-0441 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Mr. Eric A Washburn, Bridge Administrator, Coast Guard; 
telephone (314) 269-2378, email [email protected]. 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 June 25, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Arkansas Waterway, 
Pine Bluff, AR in the Federal Register (75 FR 122). We received no 
comments 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(a), state 
that the draw of the Rob Roy Railroad Drawbridge, mile 67.4, at Pine 
Bluff, Arkansas, is maintained in the closed to navigation position and 
is remotely operated. Vessels requesting an opening shall establish 
contact by radio/telephone with the remote drawbridge operator on VHF-
FM Channel 12 in Omaha, Nebraska.
    In order to better differentiate between vessel and rail traffic 
for the remote drawbridge operator, Union Pacific Railroad requested 
this drawbridge be operated where vessels

[[Page 65231]]

would key their VHF-FM radio microphone four times in five seconds and 
would receive an acknowledgement tone from the remote drawbridge 
operator. The keying-in will initiate an indicator on the remote 
drawbridge operator's console and the operator will then establish 
normal verbal radio communications with the vessel.
    The Coast Guard has determined this regulation change will improve 
communications between the remote drawbridge operator and vessel 
operators and reduce drawspan opening delays experienced previously 
from missed calls under the prior regulatory guidance.

Discussion of Comments and Changes

    There were no comments to the proposed regulatory change.

Regulatory Analyses

    We developed this 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 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. We anticipate that the new 
operating procedures enacted by this change will benefit the vessels 
transiting the bridge by enhancing communications between the remote 
drawbridge operator and vessel operators and reduce drawspan opening 
delays.

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 will 
not have a significant economic impact on a substantial number of small 
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

    This rule will not cause 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 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 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 concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human

[[Page 65232]]

environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph 32(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

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. Revise paragraph (a) of 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 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, Nebraska. To establish contact, the vessel shall 
key the VHF-FM radio microphone four times in five seconds and listen 
for an acknowledgement tone. The remote drawbridge operator will then 
establish normal verbal radio communication on VHF-FM Channel 12 and 
advise the vessel whether the requested span can be immediately opened 
and will maintain constant radio contact with the vessel until the 
requested span has opened and 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 drawspan opening.
* * * * *

    Dated: October 12, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 2010-26672 Filed 10-21-10; 8:45 am]
BILLING CODE 9110-04-P