Drawbridge Operation Regulation; Arkansas Waterway, Pine Bluff, AR, 36313-36316 [2010-15397]
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TABLE OF CONCENTRATION LIMITS—Continued
List I chemicals
DEA chemical
code number
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Red Phosphorus .....
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White phosphorus ...
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List II chemicals.
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Concentration
(percent)
6795
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80% by weight.
6796
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Not exempt at any
concentration.
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4. Section 1310.13 is amended by
revising paragraph (e) and paragraph (i)
introductory text to read as follows:
§ 1310.13 Exemption of chemical mixtures;
application.
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(e) Within a reasonable period of time
after the receipt of an application for an
exemption under this section, the
Administrator will notify the applicant
in writing of the acceptance or rejection
of the application for filing. If the
application is not accepted for filing, an
explanation will be provided. The
Administrator is not required to accept
an application if any information
required pursuant to paragraph (c) of
this section or requested pursuant to
paragraph (d) of this section is lacking
or not readily understood. The applicant
may, however, amend the application to
meet the requirements of paragraphs (c)
and (d) of this section. If the exemption
is subsequently granted, the applicant
shall again be notified in writing and
the Administrator shall issue, and
publish in the Federal Register, an
order on the application. This order
shall specify the date on which it shall
take effect. The Administrator shall
permit any interested person to file
written comments on or objections to
the order. If any comments or objections
raise significant issues regarding any
findings of fact or conclusions of law
upon which the order is based, the
Administrator may suspend the
effectiveness of the order until he has
reconsidered the application in light of
the comments and objections filed.
Thereafter, the Administrator shall
reinstate, terminate, or amend the
original order as deemed appropriate.
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(i) The following chemical mixtures,
in the form and quantity listed in the
application submitted (indicated as the
‘‘date’’) are designated as exempt
chemical mixtures for the purposes set
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Dated: June 16, 2010.
Michele M. Leonhart,
Acting Administrator.
[FR Doc. 2010–15160 Filed 6–24–10; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2010–0441]
RIN 1625–AA09
Drawbridge Operation Regulation;
Arkansas Waterway, Pine Bluff, AR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Coast Guard proposes
that operating procedures on the Rob
Roy Drawbridge across the Arkansas
Waterway at mile 67.4 at Pine Bluff, AR
be revised in the Code of Federal
Regulations to reflect that vessel
operators contact the remote drawbridge
operator via microphone keying on
VHF–FM Channel 12 when requesting a
draw opening. This keying activates an
indicator on the remote drawbridge
operator’s console and sends an
acknowledgement tone back to the
vessel and the remote drawbridge
operator then establishes normal verbal
radio communications. This protocol is
used to isolate and differentiate these
radio communications from the railroad
communications that the remote
drawbridge operator receives, thus
ensuring that vessel calls receive
immediate attention.
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Chemical mixtures containing any amount of white phosphorus are not exempt
due to concentration, unless otherwise exempted.
forth in this section and are exempted
by the Administrator from application
of Sections 302, 303, 310, 1007, 1008,
and 1018 of the Act (21 U.S.C. 822, 823,
830, 957, 958, and 971):
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ACTION:
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DATES: Comments and related material
must reach the Coast Guard on or before
August 24, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0441 using any one of the
following methods:
(1) Federal eRulemaking Portal:
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
rule, call or e-mail Mr. Eric Washburn,
Bridge Administrator, 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
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any personal information you have
provided.
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0441),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (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–2010–0441’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 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
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–
0441’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC, 20590, between 9 a.m. and 5 p.m.,
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Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why one would be beneficial. If
we determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
The Arkansas Waterway is part of the
McClellan-Kerr Arkansas River
Navigation System. This system rises in
the vicinity of Catoosa, OK and
embraces improved natural waterways
and a canal to empty into the Lower
Mississippi River in southeast Arkansas.
The Arkansas Waterway drawbridge
operation regulations contained in 33
CFR 117.123(a) states that the draw of
the Rob Roy Drawbridge, mile 67.4, at
Pine Bluff, AR is maintained in the
closed position and is remotely
operated. Vessels requesting an opening
shall establish contact by
radiotelephone with the remote
drawbridge operator on VHF–FM
Channel 12 in Omaha, NE. In order to
better differentiate between vessel and
land traffic communications at the
remote drawbridge operator consol,
vessel operators key their microphones
four times in five seconds and receive
an acknowledgement tone from the
remote drawbridge operator stationed at
the Union Pacific Harriman Center in
Omaha, NE. The keying-in initiates an
indicator on the remote drawbridge
operator’s consol and the remote
drawbridge operator then establishes
normal verbal radio communications on
VHF–FM Channel 12. The Coast Guard
met with Union Pacific personnel,
owner of the subject bridge, at the
Harriman Center to discuss the actual
procedures and witnessed a test to view
how communications work and how the
consol is monitored. The Coast Guard
has determined that this regulatory
change would improve communications
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between the remote drawbridge operator
and vessel operators and reduce delays
due to missed calls by isolating vessel
contacts from railroad contacts at the
Harriman Center.
Discussion of Proposed Rule
The proposed changes to 33 CFR
117.123(a) will reflect how draw
openings are currently performed at the
Rob Roy Drawbridge.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of
this proposed rule on commercial traffic
operating on the Arkansas Waterway to
be so minimal that a full Regulatory
Evaluation is unnecessary. The
operating procedures are already in
place at a different bridge on the same
waterway and vessel operators are
accustomed to the procedures.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule is neutral to
all business entities since it only alters
the initial contact between vessels and
the drawbridge operator and the Rob
Roy Drawbridge is still required to open
on demand for vessels.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
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ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Mr. Eric
Washburn, Bridge Administrator, Eighth
Coast Guard District, Bridge Branch, at
314–269–2378. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
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 would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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.
Federalism
Energy Effects
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
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.
Collection of Information
Unfunded Mandates Reform Act
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The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This proposed rule would not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
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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
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adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01,
and Commandant Instruction
M16475.lD which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment because it
simply promulgates the operating
regulations or procedures for
drawbridges. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise 117.123(a) to read as
follows:
§ 117.123
Arkansas Waterway.
(a) Across the Arkansas Waterway, the
draw of the Rob Roy Drawbridge, mile
67.4, at Pine Bluff, Arkansas is
maintained in the closed to navigation
position and is remotely operated. Any
vessel which requires an opening of the
draw of this bridge shall establish
contact by radiotelephone with the
remote drawbridge operator on VHF–
FM Channel 12 in Omaha, NE. To
establish contact, the vessel shall key
the radio microphone four times in five
seconds and listen for an
acknowledgement tone. The remote
drawbridge operator will then establish
normal verbal radio communications on
VHF–FM Channel 12 and advise the
vessel whether the requested span can
be immediately opened and will
maintain constant contact with the
vessel until the requested span has
opened and the vessel passage has been
completed. The bridge is equipped with
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a Photoelectric Boat Detection System to
prevent the span from lowering if there
is an obstruction under the span. If the
drawbridge cannot be opened
immediately, the remote drawbridge
operator will notify the calling vessel
and provide an estimated time for a
drawbridge opening.
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Dated: June 11, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard, Commander
8th Coast Guard District.
[FR Doc. 2010–15397 Filed 6–24–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2010–0113; FRL–9168–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Louisiana; Determination of
Attainment of the 1997 Ozone Standard
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The EPA is proposing to
determine that the Baton Rouge,
Louisiana moderate 1997 8-hour ozone
nonattainment area has attained the
1997 8-hour National Ambient Air
Quality Standard (NAAQS) for ozone.
This proposed determination is based
upon complete, quality assured,
certified ambient air monitoring data
that show the area has monitored
attainment of the 1997 8-hour ozone
NAAQS since the 2006–2008
monitoring period, and continues to
monitor attainment of the NAAQS based
on 2009 data. If this proposed
determination is made final, under the
provisions of EPA’s ozone
implementation rule, the requirements
for this area to submit an attainment
demonstration, a reasonable further
progress plan, contingency measures,
and other planning State
Implementation Plans related to
attainment of the 1997 8-hour ozone
NAAQS shall be suspended for so long
as the area continues to attain the 1997
ozone NAAQS.
DATES: Written comments must be
received on or before July 26, 2010.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2010–0113, by one of the
following methods:
Federal Rulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
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16:24 Jun 24, 2010
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U.S. EPA Region 6 ‘‘Contact Us’’ Web
site: https://epa.gov/region6/
r6coment.htm. Please click on
‘‘6PD‘‘(Multimedia) and select ‘‘Air’’
before submitting comments.
E-mail: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by email to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
Mail: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
Hand or Courier Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays
except for legal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2010–
0113. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through https://www.regulations.gov or
e-mail that you consider to be CBI or
otherwise protected from disclosure.
The https://www.regulations.gov Web
site is an anonymous access system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through https://www.regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
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Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. There will
be a fee of 15 cents per page for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202–
2733.
FOR FURTHER INFORMATION CONTACT: Ms.
Sandra Rennie, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–7367, fax (214)
665–7263, e-mail address
rennie.Sandra@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. What action Is EPA taking?
II. What is the effect of this action?
III. What is the background for this action?
IV. What is EPA’s analysis of the relevant Air
Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is proposing to determine that
the Baton Rouge, Louisiana moderate
1997 8-hour ozone nonattainment area
(hereafter the Baton Rouge area) has
attained the 1997 8-hour National
Ambient Air Quality Standard (NAAQS)
for ozone. This proposed determination
is based upon complete, quality assured
and certified ambient air monitoring
data that show the area has monitored
attainment of the ozone NAAQS since
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]]>Agencies
[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Proposed Rules]
[Pages 36313-36316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15397]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2010-0441]
RIN 1625-AA09
Drawbridge Operation Regulation; Arkansas Waterway, Pine Bluff,
AR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes that operating procedures on the Rob
Roy Drawbridge across the Arkansas Waterway at mile 67.4 at Pine Bluff,
AR be revised in the Code of Federal Regulations to reflect that vessel
operators contact the remote drawbridge operator via microphone keying
on VHF-FM Channel 12 when requesting a draw opening. This keying
activates an indicator on the remote drawbridge operator's console and
sends an acknowledgement tone back to the vessel and the remote
drawbridge operator then establishes normal verbal radio
communications. This protocol is used to isolate and differentiate
these radio communications from the railroad communications that the
remote drawbridge operator receives, thus ensuring that vessel calls
receive immediate attention.
DATES: Comments and related material must reach the Coast Guard on or
before August 24, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0441 using any one of the following methods:
(1) Federal eRulemaking Portal: 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
rule, call or e-mail Mr. Eric Washburn, Bridge Administrator, 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
[[Page 36314]]
any personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0441), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (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-2010-0441'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\; by
11 inches, suitable for copying and electronic filing. If you submit
them by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0441'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC, 20590, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
The Arkansas Waterway is part of the McClellan-Kerr Arkansas River
Navigation System. This system rises in the vicinity of Catoosa, OK and
embraces improved natural waterways and a canal to empty into the Lower
Mississippi River in southeast Arkansas. The Arkansas Waterway
drawbridge operation regulations contained in 33 CFR 117.123(a) states
that the draw of the Rob Roy Drawbridge, mile 67.4, at Pine Bluff, AR
is maintained in the closed position and is remotely operated. Vessels
requesting an opening shall establish contact by radiotelephone with
the remote drawbridge operator on VHF-FM Channel 12 in Omaha, NE. In
order to better differentiate between vessel and land traffic
communications at the remote drawbridge operator consol, vessel
operators key their microphones four times in five seconds and receive
an acknowledgement tone from the remote drawbridge operator stationed
at the Union Pacific Harriman Center in Omaha, NE. The keying-in
initiates an indicator on the remote drawbridge operator's consol and
the remote drawbridge operator then establishes normal verbal radio
communications on VHF-FM Channel 12. The Coast Guard met with Union
Pacific personnel, owner of the subject bridge, at the Harriman Center
to discuss the actual procedures and witnessed a test to view how
communications work and how the consol is monitored. The Coast Guard
has determined that this regulatory change would improve communications
between the remote drawbridge operator and vessel operators and reduce
delays due to missed calls by isolating vessel contacts from railroad
contacts at the Harriman Center.
Discussion of Proposed Rule
The proposed changes to 33 CFR 117.123(a) will reflect how draw
openings are currently performed at the Rob Roy Drawbridge.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect the economic impact of this proposed rule on commercial
traffic operating on the Arkansas Waterway to be so minimal that a full
Regulatory Evaluation is unnecessary. The operating procedures are
already in place at a different bridge on the same waterway and vessel
operators are accustomed to the procedures.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule is neutral to all business
entities since it only alters the initial contact between vessels and
the drawbridge operator and the Rob Roy Drawbridge is still required to
open on demand for vessels.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
[[Page 36315]]
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Mr. Eric Washburn, Bridge
Administrator, Eighth Coast Guard District, Bridge Branch, at 314-269-
2378. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. Revise 117.123(a) to read as follows:
Sec. 117.123 Arkansas Waterway.
(a) Across the Arkansas Waterway, the draw of the Rob Roy
Drawbridge, mile 67.4, at Pine Bluff, Arkansas is maintained in the
closed to navigation position and is remotely operated. Any vessel
which requires an opening of the draw of this bridge shall establish
contact by radiotelephone with the remote drawbridge operator on VHF-FM
Channel 12 in Omaha, NE. To establish contact, the vessel shall key the
radio microphone four times in five seconds and listen for an
acknowledgement tone. The remote drawbridge operator will then
establish normal verbal radio communications on VHF-FM Channel 12 and
advise the vessel whether the requested span can be immediately opened
and will maintain constant contact with the vessel until the requested
span has opened and the vessel passage has been completed. The bridge
is equipped with
[[Page 36316]]
a Photoelectric Boat Detection System to prevent the span from lowering
if there is an obstruction under the span. If the drawbridge cannot be
opened immediately, the remote drawbridge operator will notify the
calling vessel and provide an estimated time for a drawbridge opening.
* * * * *
Dated: June 11, 2010.
Mary E. Landry,
Rear Admiral, U.S. Coast Guard, Commander 8th Coast Guard District.
[FR Doc. 2010-15397 Filed 6-24-10; 8:45 am]
BILLING CODE 9110-04-P
