Drawbridge Operation Regulation; Arkansas Waterway, Little Rock, AR, 30750-30753 [2010-13121]
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Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Proposed Rules
Baltimore Transportation Management
Center shall open on signal for the
passage of vessels when a request to
open is given.
(2) The draw of the bridge shall not
be operated by the controller at the
Transportation Management Center
office in the event of failure or
obstruction of the video cameras, audio
system, or phone lines. In these
situations, a bridge tender must be
called and be on-site within 30 minutes
to operate the bridge on-site.
(3) The draw of the bridge must begin
opening within 5 minutes of the
vehicular and pedestrian traffic clearing
the bridge, except as provided in 33 CFR
117.31(b).
(4) When vehicular and pedestrian
traffic has cleared, a horn will sound
one prolonged blast followed by one
short blast to warn of bridge movement.
The channel traffic lights will flash red
continually to indicate that the Bridge is
moving to the full open position for
vessels. Once the bridge is in the fully
open position, the bridge channel traffic
lights will turn and remain green.
(5) Before the span begins to close, the
horn will sound five short blasts and an
audio voice-warning device will
announce bridge movement. The
channel traffic lights will then
continually flash red until the bridge is
seated and locked down to vessels.
(6) The owners of the bridge shall
provide and keep in good legible
condition two board gauges painted
white with black figures not less than
six inches high to indicate the vertical
clearance under the closed draw at all
stages of the tide. The gauges shall be
placed on the bridge so that they are
plainly visible to the operator of any
vessel approaching the bridge from
either upstream or downstream.
(b) The draw of the I695 Bridge, mile
1.0 at Baltimore, shall open on signal if
at least a one-hour notice is given to the
Maryland Transportation Authority in
Baltimore.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Dated: May 14, 2010.
Wayne E. Justice,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. 2010–13119 Filed 6–1–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2010–0228]
RIN 1625–AA09
Drawbridge Operation Regulation;
Arkansas Waterway, Little Rock, AR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
revise the operating procedures on the
Baring Cross Railroad Drawbridge across
the Arkansas Waterway at mile 119.6 at
Little Rock, AR, so that vessel operators
will contact the remote drawbridge
operator via microphone keying four
times within five seconds on VHF–FM
Channel 13 when requesting a draw
opening. This keying will activate an
indicator on the remote drawbridge
operator’s console and send an
acknowledgement tone back to the
vessel. The remote drawbridge operator
would then establish normal verbal
radio communications. The intent is to
isolate and differentiate the vessel
operator radio communications from the
railroad communications that the
remote drawbridge operator receives,
thus ensuring that vessel calls receive
immediate attention.
DATES: Comments and related material
must reach the Coast Guard on or before
August 2, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0228 using any one of the
following four methods:
(1) Federal eRulemaking Portal:
https://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
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rule, call or e-mail Mr. Eric Washburn,
Bridge Management Specialist, Eighth
Coast Guard District, Bridge Branch;
telephone 314–269–2378, e-mail
Eric.Washburn@uscg.mil. 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 https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0228),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (https://
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 https://
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
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rules’’ and insert
‘‘USCG–2010–0228’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 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
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Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Proposed Rules
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
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
0228’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why one would be beneficial. If
we determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
The Arkansas Waterway is part of the
McClellan-Kerr Arkansas River
Navigation System. This system rises in
the vicinity of Catoosa, OK and
embraces improved natural waterways
and a canal to empty into the Lower
Mississippi River in southeast Arkansas.
The Arkansas Waterway drawbridge
operation regulations contained in 33
CFR 117.123(b) state that the draw of
the Baring Cross Railroad Drawbridge,
mile 119.6, at Little Rock, AR is
maintained in the closed position and is
remotely operated. Vessels requesting
an opening shall establish contact by
radiotelephone with the remote
drawbridge operator on VHF–FM
Channel 13 in Omaha, NE. In order to
better differentiate between vessel and
land traffic for the remote drawbridge
operator, Union Pacific has requested
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that this drawbridge be operated
similarly to how another Union Pacificowned drawbridge is operated, the Rob
Roy Drawbridge, mile 67.4 on the
Arkansas Waterway near Pine Bluff, AR
where vessels key their microphone four
times in five seconds in order to initiate
contact with the remote drawbridge
operator. The same method would be
enacted at the Baring Cross Railroad
Drawbridge. Vessel operators would key
their microphones four times in five
seconds and would receive an
acknowledgement tone from the remote
drawbridge operator stationed at the
Union Pacific Harriman Center in
Omaha, NE. The keying-in initiates an
indicator on the remote drawbridge
operator’s console and the remote
drawbridge operator will then establish
normal verbal radio communications on
VHF–FM Channel 13. The Coast Guard
met with Union Pacific personnel at the
Harriman Center to discuss the
proposed changes. In addition, the Coast
Guard did a test at the Harriman Center
to witness how communications would
work and how the console is monitored.
The Coast Guard has determined that
this regulatory change would improve
communications between the remote
drawbridge operator and vessel
operators and reduce delays due to
missed calls by isolating vessel operator
contacts from railroad contacts at the
Harriman Center.
Discussion of Proposed Rule
The proposed changes to 33 CFR
117.123(b)(1) and (2) should enhance
communications while reducing the
number of missed calls and draw
opening delays at the Baring Cross
Railroad Drawbridge.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of
this proposed rule on commercial traffic
operating on the Arkansas Waterway to
be so minimal that a full Regulatory
Evaluation is unnecessary. The
operating procedures are already in
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place at a different bridge on the same
waterway and vessel operators are
accustomed to the procedures.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule is neutral to
all business entities since it only alters
the initial contact between vessels and
the drawbridge operator and the Baring
Cross Railroad Drawbridge is still
required to open on demand for vessels.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Mr. Eric
Washburn, Bridge Management
Specialist, Eighth Coast Guard District,
Bridge Branch, at 314–269–2378. The
Coast Guard will not retaliate against
small entities that question or complain
about this proposed rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
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Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Proposed Rules
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,00 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This proposed rule would not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
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
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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:
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Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.123, revise
paragraphs(b)(1) and (b)(2) to read as
follows:
§ 117.123
Arkansas Waterway.
*
*
*
*
*
(b) * * *
(1) Normal Flow Procedures. Any
vessel which requires an opening of the
draw of this bridge shall establish
contact by radiotelephone with the
remote drawbridge operator on VHF–
FM Channel 13 in Omaha, NE. To
establish contact, the vessel shall key
the radio microphone four times in five
seconds and listen for an
acknowledgement tone. The remote
drawbridge operator will then establish
normal verbal radio communications on
VHF–FM Channel 13 and advise the
vessel whether the requested span can
be immediately opened and will
maintain constant contact with the
vessel until the requested span has
opened and the vessel passage has been
completed. The bridge is equipped with
a Photoelectric Boat Detection System to
prevent the span from lowering if there
is an obstruction under the span. If the
drawbridge cannot be opened
immediately, the remote drawbridge
operator will notify the calling vessel
and provide an estimated time for a
drawbridge opening.
(2) High Velocity Flow Procedures.
The area from mile 118.2 to mile 125.4
is a regulated navigation area as
described in § 165.817. During periods
of high velocity flow, which is defined
as a flow rate of 70,000 cubic feet per
second or greater at the Murray Lock
and Dam, mile 125.4, downbound
vessels which require that the draw of
this bridge be opened for unimpeded
passage shall contact the remote
drawbridge operator as described above
in § 117.123(b)(1) either before
departing Murray Lock and Dam or
before departing the mooring cells at
mile 121.5 to ensure that the Baring
Cross Railroad Drawbridge is opened.
The remote drawbridge operator shall
immediately respond to the vessel’s
contact, ensure that the drawbridge is
open for passage, and ensure that it
remains in the open position until the
downbound vessel has passed through.
If it cannot be opened immediately for
unimpeded passage in accordance with
§ 165.817, the remote drawbridge
operator will immediately notify the
downbound vessel and provide an
estimated time for a drawbridge
opening. Upbound vessels shall request
openings in accordance with the normal
flow procedures as set forth above in
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§ 117.123(b)(1). The remote drawbridge
operator shall keep all approaching
vessels informed of the position of the
drawbridge span.
*
*
*
*
*
Dated: May 10, 2010.
James E. Tunstall,
Captain, U.S. Coast Guard, Commander, 8th
Coast Guard Dist. Acting.
[FR Doc. 2010–13121 Filed 6–1–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0747]
RIN 1625–AA11
Regulated Navigation Area; Thea Foss
and Wheeler-Osgood Waterways EPA
Superfund Cleanup Site,
Commencement Bay, Tacoma, WA
Coast Guard, DHS.
ACTION: Supplemental notice of
proposed rulemaking; request for
comments.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
AGENCY:
SUMMARY: The Coast Guard is revising
its proposed rule that would establish a
permanent regulated navigation area
(RNA) on portions of the Thea Foss and
Wheeler-Osgood Waterways in
Commencement Bay, Tacoma,
Washington. The RNA would protect
the seabed in portions of those
waterways that are subject to the U.S.
Environmental Protection Agency’s
(EPA’s) Commencement Bay Nearshore/
Tideflats superfund cleanup
remediation efforts. To more effectively
protect those efforts, the Coast Guard is
revising the proposed rule by slightly
expanding the boundaries of the
proposed RNA.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 2, 2010. Requests for
public meetings must be received by the
Coast Guard on or before July 2, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2008–0747 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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.
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(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 ENS Ashley Wanzer,
Waterways Management, Sector Seattle,
Coast Guard; telephone 206–217–6175,
e-mail SectorSeattleWWM@uscg.mil. 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 https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0747),
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 (via https://
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 https://
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 telephone 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
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
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30753
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2008–0747’’ 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 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments 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
tohttps://www.regulations.gov, click on
the ‘‘read comments’’ box, which will
then become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2008–
0747’’ 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 on or before July 2, 2010 using
one of the four methods specified under
ADDRESSES. Please explain why you
believe a public meeting 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.
Regulatory Information
The Coast Guard published a notice of
proposed rulemaking (NPRM) entitled
‘‘Regulated Navigation Area; Thea Foss
and Wheeler-Osgood Waterways EPA
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]]>Agencies
[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Proposed Rules]
[Pages 30750-30753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13121]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2010-0228]
RIN 1625-AA09
Drawbridge Operation Regulation; Arkansas Waterway, Little Rock,
AR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to revise the operating procedures on
the Baring Cross Railroad Drawbridge across the Arkansas Waterway at
mile 119.6 at Little Rock, AR, so that vessel operators will contact
the remote drawbridge operator via microphone keying four times within
five seconds on VHF-FM Channel 13 when requesting a draw opening. This
keying will activate an indicator on the remote drawbridge operator's
console and send an acknowledgement tone back to the vessel. The remote
drawbridge operator would then establish normal verbal radio
communications. The intent is to isolate and differentiate the vessel
operator radio communications from the railroad communications that the
remote drawbridge operator receives, thus ensuring that vessel calls
receive immediate attention.
DATES: Comments and related material must reach the Coast Guard on or
before August 2, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0228 using any one of the following four methods:
(1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Mr. Eric Washburn, Bridge Management Specialist,
Eighth Coast Guard District, Bridge Branch; telephone 314-269-2378, e-
mail Eric.Washburn@uscg.mil. 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 https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0228), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (https://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 https://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 https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2010-0228'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during
[[Page 30751]]
the comment period and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0228'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
The Arkansas Waterway is part of the McClellan-Kerr Arkansas River
Navigation System. This system rises in the vicinity of Catoosa, OK and
embraces improved natural waterways and a canal to empty into the Lower
Mississippi River in southeast Arkansas. The Arkansas Waterway
drawbridge operation regulations contained in 33 CFR 117.123(b) state
that the draw of the Baring Cross Railroad Drawbridge, mile 119.6, at
Little Rock, AR is maintained in the closed position and is remotely
operated. Vessels requesting an opening shall establish contact by
radiotelephone with the remote drawbridge operator on VHF-FM Channel 13
in Omaha, NE. In order to better differentiate between vessel and land
traffic for the remote drawbridge operator, Union Pacific has requested
that this drawbridge be operated similarly to how another Union
Pacific-owned drawbridge is operated, the Rob Roy Drawbridge, mile 67.4
on the Arkansas Waterway near Pine Bluff, AR where vessels key their
microphone four times in five seconds in order to initiate contact with
the remote drawbridge operator. The same method would be enacted at the
Baring Cross Railroad Drawbridge. Vessel operators would key their
microphones four times in five seconds and would receive an
acknowledgement tone from the remote drawbridge operator stationed at
the Union Pacific Harriman Center in Omaha, NE. The keying-in initiates
an indicator on the remote drawbridge operator's console and the remote
drawbridge operator will then establish normal verbal radio
communications on VHF-FM Channel 13. The Coast Guard met with Union
Pacific personnel at the Harriman Center to discuss the proposed
changes. In addition, the Coast Guard did a test at the Harriman Center
to witness how communications would work and how the console is
monitored. The Coast Guard has determined that this regulatory change
would improve communications between the remote drawbridge operator and
vessel operators and reduce delays due to missed calls by isolating
vessel operator contacts from railroad contacts at the Harriman Center.
Discussion of Proposed Rule
The proposed changes to 33 CFR 117.123(b)(1) and (2) should enhance
communications while reducing the number of missed calls and draw
opening delays at the Baring Cross Railroad Drawbridge.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule on commercial
traffic operating on the Arkansas Waterway to be so minimal that a full
Regulatory Evaluation is unnecessary. The operating procedures are
already in place at a different bridge on the same waterway and vessel
operators are accustomed to the procedures.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule is neutral to all business
entities since it only alters the initial contact between vessels and
the drawbridge operator and the Baring Cross Railroad Drawbridge is
still required to open on demand for vessels.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Eric Washburn, Bridge
Management Specialist, Eighth Coast Guard District, Bridge Branch, at
314-269-2378. The Coast Guard will not retaliate against small entities
that question or complain about this proposed rule or any policy or
action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and
[[Page 30752]]
would either preempt State law or impose a substantial direct cost of
compliance on them. We have analyzed this proposed rule under that
Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,00 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment because it simply promulgates the
operating regulations or procedures for drawbridges. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. In Sec. 117.123, revise paragraphs(b)(1) and (b)(2) to read as
follows:
Sec. 117.123 Arkansas Waterway.
* * * * *
(b) * * *
(1) Normal Flow Procedures. Any vessel which requires an opening of
the draw of this bridge shall establish contact by radiotelephone with
the remote drawbridge operator on VHF-FM Channel 13 in Omaha, NE. To
establish contact, the vessel shall key the radio microphone four times
in five seconds and listen for an acknowledgement tone. The remote
drawbridge operator will then establish normal verbal radio
communications on VHF-FM Channel 13 and advise the vessel whether the
requested span can be immediately opened and will maintain constant
contact with the vessel until the requested span has opened and the
vessel passage has been completed. The bridge is equipped with a
Photoelectric Boat Detection System to prevent the span from lowering
if there is an obstruction under the span. If the drawbridge cannot be
opened immediately, the remote drawbridge operator will notify the
calling vessel and provide an estimated time for a drawbridge opening.
(2) High Velocity Flow Procedures. The area from mile 118.2 to mile
125.4 is a regulated navigation area as described in Sec. 165.817.
During periods of high velocity flow, which is defined as a flow rate
of 70,000 cubic feet per second or greater at the Murray Lock and Dam,
mile 125.4, downbound vessels which require that the draw of this
bridge be opened for unimpeded passage shall contact the remote
drawbridge operator as described above in Sec. 117.123(b)(1) either
before departing Murray Lock and Dam or before departing the mooring
cells at mile 121.5 to ensure that the Baring Cross Railroad Drawbridge
is opened. The remote drawbridge operator shall immediately respond to
the vessel's contact, ensure that the drawbridge is open for passage,
and ensure that it remains in the open position until the downbound
vessel has passed through. If it cannot be opened immediately for
unimpeded passage in accordance with Sec. 165.817, the remote
drawbridge operator will immediately notify the downbound vessel and
provide an estimated time for a drawbridge opening. Upbound vessels
shall request openings in accordance with the normal flow procedures as
set forth above in
[[Page 30753]]
Sec. 117.123(b)(1). The remote drawbridge operator shall keep all
approaching vessels informed of the position of the drawbridge span.
* * * * *
Dated: May 10, 2010.
James E. Tunstall,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist. Acting.
[FR Doc. 2010-13121 Filed 6-1-10; 8:45 am]
BILLING CODE 9110-04-P
