Drawbridge Operation Regulations; Arkansas Waterway, Little Rock, AR, Operation Change, 24866-24868 [E8-9818]
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24866
Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Rules and Regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
2008–10–05 BAE Systems (Operations)
Limited (Formerly British Aerospace
Regional Aircraft): Amendment 39–
15511. Docket No. FAA–2007–0371;
Directorate Identifier 2007–NM–269–AD.
Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD Docket.
Affected ADs
(b) None.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains the NPRM, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone
(800) 647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
PWALKER on PROD1PC71 with RULES
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
VerDate Aug<31>2005
16:31 May 05, 2008
Jkt 214001
Effective Date
(a) This airworthiness directive (AD)
becomes effective June 10, 2008.
Applicability
(c) This AD applies to all BAE Systems
(Operations) Limited Model BAe 146–100A,
–200A, and –300A series airplanes,
certificated in any category; and all Model
Avro 146–RJ70A, 146–RJ85A, and 146–
RJ100A airplanes, certificated in any
category.
Subject
(d) Air Transport Association (ATA) of
America Code 30: Ice and Rain Protection.
Reason
(e) This AD results from service history of
incidents and accidents involving transport
category turbojet airplanes without leading
edge high lift devices, that shows that even
small amounts of frost, ice, snow, or slush on
the wing leading edges or forward upper
wing surfaces can cause an adverse change in
the stall speeds and stall characteristics, and
can negate the protection provided by a stall
protection system. While there have been no
accidents or incidents related to wing
contamination associated with the BAE
Systems (Operations) Limited Model BAe
146 and Model Avro 146–RJ airplanes, these
airplanes are also transport category turbojet
airplanes without leading edge high lift
devices, and therefore may be similarly
sensitive to small amounts of wing
contamination. We are issuing this AD to
prevent possible loss of control on takeoff
resulting from even small amounts of frost,
ice, snow, or slush on the wing leading edges
or forward upper wing surfaces.
Actions and Compliance
(f) Within 14 days after the effective date
of this AD, revise the Limitations Section of
the Airplane Flight Manual (AFM) to include
the following statement. This may be done by
inserting a copy of this AD in the AFM.
‘‘1. Takeoff is prohibited with frost, ice,
snow, or slush adhering to the wings, control
surfaces, engine inlets, or other critical
surfaces.
2. A visual and tactile (hand on surface)
check of the wing leading edge and the wing
upper surface must be performed to ensure
the wing is free from frost, ice, snow, or slush
when the outside air temperature is less than
42 degrees F (6 degrees C), or if it cannot be
ascertained that the wing fuel temperature is
above 32 degrees F (0 degrees C); and
a. There is visible moisture (rain, drizzle,
sleet, snow, fog, etc.) present; or
b. Water is present on the wing; or
c. The difference between the dew point
and the outside air temperature is 5 degrees
F (3 degrees C) or less; or
d. The atmospheric conditions have been
conducive to frost formation.’’
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Note 1: When a statement identical to that
in paragraph (f) of this AD has been included
in the general revisions of the AFM, the
general revisions may be inserted into the
AFM, and the copy of this AD may be
removed from the AFM.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, Transport Airplane Directorate,
ANM–116, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send
information to ATTN: Todd Thompson,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1175; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(2) Airworthy Product: For any
requirement in this AD to obtain corrective
actions from a manufacturer or other source,
use these actions if they are FAA-approved.
Corrective actions are considered FAAapproved if they are approved by the State
of Design Authority (or their delegated
agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) None.
Material Incorporated by Reference
(i) None.
Issued in Renton, Washington, on April 8,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–9876 Filed 5–5–08; 8:45 am]
BILLING CODE 4910–13–P
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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06MYR1
Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Rules and Regulations
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
https://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:
PWALKER on PROD1PC71 with RULES
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
VerDate Aug<31>2005
16:31 May 05, 2008
Jkt 214001
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
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24867
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
E:\FR\FM\06MYR1.SGM
06MYR1
24868
Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Rules and Regulations
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.
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
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.
I
PWALKER on PROD1PC71 with RULES
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
VerDate Aug<31>2005
16:31 May 05, 2008
Jkt 214001
(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.
the Federal Register of April 30, 2008,
revising its regulation governing VA’s
duty to provide a claimant with notice
of the information and evidence
necessary to substantiate a claim and
VA’s duty to assist a claimant in
obtaining the evidence necessary to
substantiate the claim. The document
inadvertently contained a typographical
error, and this document corrects that
error.
DATES: Effective Date: This correction is
effective May 6, 2008.
FOR FURTHER INFORMATION CONTACT:
Maya Ferrandino, Consultant,
Regulations Staff (211D), Compensation
and Pension Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, (727) 319–5847.
SUPPLEMENTARY INFORMATION: On April
30, 2008, VA published in the Federal
Register (73 FR 23353) a document
revising its regulation regarding VA’s
duty to provide a claimant with notice
of the information and evidence
necessary to substantiate a claim and
VA’s duty to assist a claimant in
obtaining the evidence necessary to
substantiate the claim. In the rule, one
typographical error was inadvertently
published. The reason for the
typographical error is that, between the
publication of the proposed rule and the
publication of the final rule, VA had
redesignated the relevant provision of
its procedures manual from ‘‘c’’ to ‘‘d.’’
This document corrects that error.
In FR Doc. E8–9454 published on
April 30, 2008 (73 FR 23353), make the
following correction. On page 23355, in
the second column, in the first sentence
of the third full paragraph, the VA
Manual M21–1MR paragraph reference
is corrected by removing ‘‘I.1.B.3.c’’ and
adding in its place ‘‘I.1.B.3.d’’.
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]
Approved: April 30, 2008.
Robert C. McFetridge,
Assistant to the Secretary for Regulation
Policy and Management.
[FR Doc. E8–9966 Filed 5–5–08; 8:45 am]
BILLING CODE 4910–15–P
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
ENVIRONMENTAL PROTECTION
AGENCY
38 CFR Part 3
40 CFR Part 52
RIN 2900–AM17
[Docket No. EPA–R02–OAR–2008–0005;
FRL–8562–1]
List of Subjects in 33 CFR Part 117
Bridges.
Words of Issuance and Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Amend § 117.123 by revising
paragraph(b)(1) as follows:
I
§ 117.123
Arkansas Waterway.
Typographical Error: Notice and
Assistance Requirements; Correction
Department of Veterans Affairs.
Final rule; correction.
AGENCY:
ACTION:
SUMMARY: The Department of Veterans
Affairs (VA) published a document in
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Approval and Promulgation of
Implementation Plans; Revised PM2.5
Motor Vehicle Emissions Budgets;
State of New Jersey
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\06MYR1.SGM
06MYR1
]]>Agencies
[Federal Register Volume 73, Number 88 (Tuesday, May 6, 2008)]
[Rules and Regulations]
[Pages 24866-24868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9818]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
[[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
https://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]
BILLING CODE 4910-15-P
