[Federal Register: May 3, 2007 (Volume 72, Number 85)]
[Rules and Regulations]
[Page 24534-24536]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my07-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD08-07-010]
RIN 1625-AA11
Regulated Navigation Area; Cumberland River, Clarksville, TN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area
(RNA) on the Cumberland River (CMR) mile marker (MM) 126 to mile marker
MM 127. All vessel traffic transiting beneath the R.J. Corman Railroad
Bridge at MM 126.5 is restricted to the right descending bank (RDB) on
the CMR and tows transiting this RNA cannot be wider than 80 feet or
longer than 800 feet, excluding the length of the tow boat.
DATES: This temporary rule is effective from 4:40 p.m. on March 31,
2007 through 11:30 a.m. August 2, 2007.
ADDRESSES: The Coast Guard is not soliciting comments on this temporary
RNA. However, you may mail comments and related material to Coast Guard
Sector Ohio Valley, 600 Martin Luther King Drive, Louisville, KY 40202,
attention: Prevention Department. 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 Coast Guard Sector Ohio Valley
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: CDR Greg Howard, Coast Guard Sector
Ohio Valley, telephone (502) 779-5422.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 United States Code (USC) 553(b)(B), the Coast Guard
finds that good cause exists for not publishing a NPRM and under 5
U.S.C. 553(d)(3), good cause exists for making this rule effective
immediately. The R.J. Corman Railroad Bridge on the Cumberland River
was struck by a barge and was severely damaged. This RNA is needed to
prevent further damage to the bridge and to protect vessels transiting
under the bridge.
Background and Purpose
On March 29, 2007 at approximately 11:15 p.m., the R.J. Corman
Railroad Bridge, located at MM 126.5 on the Cumberland River (CMR) was
struck by a barge being pushed by a towing vessel. The bridge sustained
extensive damage. The Coast Guard set a safety zone at 7 p.m. on March
30, 2007 on the CMR from MM 126 through MM 127 halting all vessel
traffic until the structural integrity of the bridge was evaluated. The
operator of the bridge reported to the Coast Guard that the bridge
damage was isolated to the left descending bank (LDB) bridge pier of
the bridge above the waterline. The bridge operator also informed the
Coast Guard that vessels could safely transit under the bridge on the
right descending bank (RDB) of the CMR. The Coast Guard is restricting
vessel movements to the RDB and is limiting tow sizes to ensure that
vessels pass safely under the bridge and do not cause additional damage
to the bridge.
Discussion of Rule
The Coast Guard is establishing a Regulated Navigation Area (RNA)
on the CMR mile marker (MM) 126 to mile marker MM 127. All vessel
traffic transiting beneath the R.J. Corman Railroad Bridge at MM 126.5
is restricted to the RDB on the CMR and tows transiting this RNA cannot
be wider than 80 feet or longer than 800 feet, excluding the length of
the tow boat. This RNA is effective from 4:40 p.m. on March 31, 2007
through 11:30 a.m. August 2, 2007. This RNA may be cancelled earlier if
the Coast Guard determines that it is safe for vessel traffic to
transit under the bridge span adjacent to the LDB.
[[Page 24535]]
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. The
Office of Management and Budget has not reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a full
regulatory evaluation is unnecessary. Commercial vessel traffic
including tow and barge traffic is being allowed to move through this
RNA and this RNA will be cancelled when the Coast Guard determines that
it is safe to open traffic to both sides of the R.J. Corman Railroad
Bridge.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered 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
would not have a significant economic impact on a substantial number of
small entities. This RNA will not have an impact on a substantial
number of small entities because this rule will not significantly
impact the regular flow of commercial vessel traffic conducting
business within the RNA. Further, the RNA will not have a significant
impact because it will be in place for a limited period of time.
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 to Coast
Guard Sector Ohio Valley at the address listed under 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 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 Sector Ohio Valley at (502) 779-
5412.
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 would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does 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 might
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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
and Department of Homeland Security Management Directive 5100.1, which
guide 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 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, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. This rule fits
in paragraph (34)(g) because it is a regulated navigation area. A
preliminary
[[Page 24536]]
``Environmental Analysis Check List'' is available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T08-826 to read as follows:
Sec. 165.T08-826 Cumberland River, TN-regulated navigation area.
(a) The following is a Regulated Navigation Area (RNA): all waters
of the Cumberland River (CMR) from MM 126 CMR to MM 127 CMR.
(b) Within the RNA described in paragraph (a), vessels are
restricted to the right descending bank (RDB) of the Cumberland River
and tows cannot be wider than 80 feet or longer than 800 feet,
excluding the length of the tow boat.
(c) This rule is effective from 4:40 p.m. on March 31, 2007 through
11:30 a.m. August 2, 2007.
Dated: 17 April, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E7-7951 Filed 5-2-07; 8:45 am]
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