[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Rules and Regulations]
[Pages 66258-66260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21851]


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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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