56014 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. CGD08–07–010] 

RIN 1625–AA11 

Regulated Navigation Area; 

Cumberland River, Clarksville, TN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is extending 

the time period for 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. The original RNA 

ended August 2, 2007. This rule extends 

the ongoing RNA from September 4 to 

October 31, 2007. 

DATES: This temporary rule is effective 

from 4 p.m. on August 31, 2007 through 

11:30 a.m. October 31, 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: 

LCDR Phillip Ison, Coast Guard Sector 

Ohio Valley, telephone (502) 779–5448. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard originally 

established this RNA on April 17, 2007. 

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. Repairs to this bridge 

have not been completed. This RNA 

continues to be 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. 

Bridge repairs were estimated to have 

been completed by early August 2007; 

however, repair work will not be 

completed until late October 2007. 

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 p.m. 

on August 31, 2007 through 11:30 a.m. 

October 31, 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. 

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 


rmajette on PROD1PC64 with RULES
Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations 56015 

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 

‘‘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. 

■ 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 

■ 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. 

■ 2. Add § 165.T08–826 to read as 

follows: 

§ 165.T08–826 Cumberland River, TNregulated 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 p.m. 

on August 31, 2007 through 11:30 a.m. 

October 31, 2007. 

Dated: September 7, 2007. 

J.H. Korn, 

Captain, U.S. Coast Guard, Acting 

Commander, 8th Coast Guard Dist. 

[FR Doc. 07–4857 Filed 10–1–07; 8:45am] 

BILLING CODE 4910–15–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1, 22, 24, 27, and 90 

[WT Docket No. 06–150; CC Docket No. 94–

102; WT Docket No. 01–309; WT Docket 

No. 03–264; WT Docket No. 06–169; PS 

Docket No. 06–229; WT Docket No. 96–86; 

FCC No. 07–171] 

Service Rules for the 698–806 MHz 

Band and Revision of the 

Commission’s Rules Regarding 

Enhanced 911 Emergency Calling 

Systems, Wireless Radio Services, 

Hearing Aid-Compatible Telephones, 

and Public Safety Spectrum 

Requirements 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: This document summarizes 

an Order on Reconsideration adopted by 

the Commission in this proceeding. The 

Order on Reconsideration announces 

changes to the composition of the 

governing board of the Public Safety 

Broadband Licensee (the board) as set 

forth in the Commission’s 700 MHz 

Second Report and Order (22 FCC Rcd 


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