[Federal Register: August 25, 2005 (Volume 70, Number 164)]
[Proposed Rules]
[Page 49900-49901]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au05-19]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-05-041]
RIN 1625-AA09
Drawbridge Operation Regulation; Tennessee River, Chattanooga, TN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulation governing
the Chief John Ross Drawbridge, mile 464.1, across the Tennessee River
at Chattanooga, Tennessee. Under the proposed rule, the drawbridge need
not open for river traffic and may remain in the closed-to-navigation
position from 8 a.m., December 1, 2005 until 8 a.m., July 1, 2006. This
proposed rule would allow the drawbridge to be maintained in the
closed-to-navigation position to allow major repair work to be
performed on the bridge.
DATES: Comments and related material must reach the Coast Guard on or
before September 26, 2005.
ADDRESSES: You may mail comments and related material to Commander,
Eighth Coast Guard District, Bridge Branch, Robert A. Young Federal
Building, 1222 Spruce Street, St. Louis, MO 63103-2832. Commander (obr)
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying at room 2.107f
in the Robert A. Young Federal Building, Eighth Coast Guard District,
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 539-3900, extension 2378.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD08-05-
041), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Eighth Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that a meeting 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
On February 11, 2005, the State of Tennessee Department of
Transportation requested a temporary change to the operation of the
Chief John Ross Drawbridge, across the Tennessee River, mile 464.1, at
Chattanooga, Tennessee to allow the drawbridge to remain in the closed-
to-navigation position for seven months to perform major repairs to the
bridge. The drawbridge has a vertical clearance of 58.7 feet above
normal pool in the closed-to-navigation position. Navigation on the
waterway consists primarily of commercial tows and recreational
watercraft that will be minimally impacted by the closure period.
Presently, the draw opens on signal for the passage of river traffic
when the vertical clearance beneath the draw is 50 feet or less. When
the vertical clearance beneath the draw is more than 50 feet, at least
eight hours notice is required. The Tennessee Department of
Transportation requested the drawbridge be permitted to remain in the
closed-to-navigation position from 8 a.m., December 1, 2005 until 8
a.m. July 1, 2006. This temporary change to the drawbridge's operation
has been coordinated with the commercial waterway operators.
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security.
The Coast Guard expects that this temporary change to operation of
the Chief John Ross Drawbridge will have minimal economic impact on
commercial traffic operating on the Tennessee River. This temporary
change has been written in such a manner as to allow for minimal
interruption of the drawbridges regular operation.
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 will be in effect for
seven months and the Coast Guard expects the impact of this action to
be minimal because the existing vertical clearance of 58.7 feet above
normal pool in the closed-to-navigation position will still allow
vessels to transit beneath the bridge.
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
[[Page 49901]]
concerning its provisions or options for compliance, please contact Mr.
Roger K. Wiebusch, Bridge Administrator, Eighth Coast Guard District,
Bridge Branch, at (314) 539-3900, extension 2378.
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 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 will not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Government 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 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 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 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.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From 8 a.m., December 1, 2005 until 8 a.m., July 1, 2006,
suspend section 117.949 and add a new section 117.T948 to read as
follows:
Sec. 117.T948 Tennessee River.
(a) The Chief John Ross Drawbridge, Mile 464.1, at Chattanooga,
Tennessee need not open for river traffic and may be maintained in the
closed-to-navigation position from 8 a.m., December 1, 2005 until 8
a.m., July 1, 2006.
(b) The draw of the Southern Railway Bridge over the Tennessee
River, mile 470.7, at Hixon, Tennessee, shall open on signal when the
vertical clearance beneath the draw is 50 feet or less. When the
vertical clearance beneath the draw is more than 50 feet, at least
eight hours notice is required. When the operator of a vessel returning
through the draw within four hours informs the drawtender of the
probable time of return, the drawtender shall return one half hour
before the time specified and promptly open the draw on signal for the
vessel without further notice. If the vessel giving notice fails to
arrive within one hour after the arrival time specified, whether
upbound or downbound, a second eight hours notice is required.
Clearance gages of a type acceptable to the Coast Guard shall be
installed on both sides of each bridge.
Dated: August 5, 2005.
Kevin L. Marshall,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist. Acting.
[FR Doc. 05-16859 Filed 8-24-05; 8:45 am]
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