[Federal Register: November 2, 2005 (Volume 70, Number 211)]
[Rules and Regulations]
[Page 66258-66260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no05-8]
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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: Temporary Final rule.
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SUMMARY: The Coast Guard is changing the regulation governing the Chief
John Ross Drawbridge, mile 464.1, across the Tennessee River at
Chattanooga, Tennessee. Under the temporary change, 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
temporary change will allow the drawbridge to be maintained in the
closed-to-navigation position to allow major repair work to be
performed on the bridge.
DATES: This rule is effective from 8 a.m., December 1, 2005 through 8
a.m., July 1, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD08-05-041] and are available for inspection or
copying at room 2.107f in the Robert A. Young Federal Building, Eighth
Coast Guard District, 1222 Spruce Street, St. Louis, MO 63103-2831
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:
Regulatory Information
On August 25, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Tennessee River,
Chattanooga, TN in the Federal Register (70 FR 49900). We received no
letters commenting on the proposed rule. No public meeting was
requested, and none was held.
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 schedule has been coordinated with the
commercial waterway operators.
Discussion of Comments and Changes
We received no comments on the NPRM, and have made no changes from
the proposed rule.
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 (DHS).
The Coast Guard expects this temporary change will have minimal
economic impact on commercial traffic operating on the Tennessee River.
There is sufficient height, when the drawbridge is closed, to allow for
the vast majority of commercial users to pass.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered
[[Page 66259]]
whether this rule would have a significant economic impact on a
substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will be in effect for seven months and the Coast
Guard expects the impact of this action will 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
No small entities requested Coast Guard assistance and none was
given.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This 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 rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation.
List of Subjects in 33 CFR Part 117
Bridges.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 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.
0
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:
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-
[[Page 66260]]
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 gauges of a type acceptable to the Coast Guard shall be
installed on both sides of the bridge.
Dated: October 27, 2005.
Steve Venckus,
Chief, Office of Regulations & Administrative Law, Office of the Judge
Advocate General, United States Coast Guard.
[FR Doc. 05-21851 Filed 11-1-05; 8:45 am]
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