[Federal Register Volume 70, Number 164 (Thursday, August 25, 2005)]
[Proposed Rules]
[Pages 49900-49901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16859]


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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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