Drawbridge Operation Regulations; Arkansas Waterway, Little Rock, AR, Operation Change, 24866-24868 [E8-9818]

Download as PDF 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 http:// 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.’’ PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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: E:\FR\FM\06MYR1.SGM 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 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: 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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]


=======================================================================
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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.

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

[[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]
BILLING CODE 4910-15-P