[Federal Register Volume 64, Number 150 (Thursday, August 5, 1999)]
[Rules and Regulations]
[Pages 42599-42600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20208]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-99-047]
RIN 2115-AE47


Drawbridge Operation Regulation; Tennessee River, TN

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Commander, Eighth Coast Guard District is temporarily 
changing the regulation governing the Chief John Ross Drawbridge, Mile 
464.1, Tennessee River. The drawbridge need no open for vessel traffic 
and may remain in the closed-to-navigation position from July 26, 1999 
to October 1, 1999. This temporary rule is issued for bridge repairs 
and painting necessary to maintain the lift span in safe, working 
order.

DATES: This temporary rule is effective from 12:01 a.m., July 26, 1999 
to noon, October 1, 1999.

ADDRESSES: The public docket and all documents referred to in this rule 
will be available for inspection and copying at room 2.107f in the 
Robert A. Young Federal Building at Commander (obr), Eighth Coast Guard 
District, 1222 Spruce Street, St., Louis, Missouri 63103-2832, between 
7 a.m and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Roger K. Wiebusch, Bridge Administrator; Eighth Coast Guard District, 
Bridge Branch, telephone 314-539-3900 extension 378.

SUPPLEMENTARY INFORMATION: 

Background

    On June 29, 1999, the Tennessee Department of Transportation 
(TNDOT) requested a temporary change to the operation of the Chief John 
Ross Drawbridge across the Tennessee River, Mile 464.1 at Chattanooga, 
Tennessee. The TNDOT requested that the drawbridge be permitted to 
remain closed to navigation beginning in July to the end of September 
to facilitate necessary repair work and painting required to keep the 
lift span in safe, working order. Repairs to the deck will require the 
placement of heavy concrete lane barriers on the lift span which will 
preclude openings.
    This rule is being published as a temporary rule and is being made 
effective on the date of publication. This rule is being promulgated 
without a notice of proposed rulemaking and should be made effective in 
less than 30 days due to the short time frame provided between the 
submission of the request by the TNDOT and the date of the scheduled 
start to work. For this reason, the Coast Guard determined good cause 
exists, according to 5 U.S.C. 553, to eliminate public comment period 
before the effective date of this rule and to make the rule effective 
in less than 30 days after publication.

Discussion of Temporary Rule

    The Chief John Ross Drawbridge navigation span provides 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. Presently, the draw is required to 
open on signal when the vertical clearance beneath the draw is 50 feet 
or less. When the vertical clearance is more than 50 feet at least 
eight hours notice is required. Due to the clearance provided by the 
bridge in the closed-to-navigation position commercial vessel operators 
do not usually require the bridge to open for passage of marine 
traffic. There was only a single reported bridge opening in the past 15 
years. This temporary drawbridge operation amendment has been 
coordinated with the commercial waterway operators. No objections to 
the temporary rule were raised.

Regulatory Evaluation

    This temporary 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. It has been reviewed by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040); 
February 26, 1979).
    The Coast Guard expects the economic impact of this temporary rule 
to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
Since the bridge has not had to open for river traffic in the past 
several years, it is not expected that navigation will change in the 
next four months to require openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this temporary rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' may include small businesses and 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.
    Because it expects the impact of this action to be minimal, the 
Coast Guard certifies under 5 U.S.C. 605(b), that this action will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This temporary rule does not provide for a collection-of-
information requirement under the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.).

Federalism

    The Coast Guard has analyzed this temporary rule under the 
principles and criteria contained in Executive Order 12612, and has 
determined that this temporary rule does not raise sufficient 
implications of federalism to warrant the preparation of a Federalism 
Assessment. The authority to regulate the permits of bridges over the 
navigable waters of the U.S. belong to the Coast Guard by Federal 
statutes.

Environmental

    The Coast Guard considered the environmental impact of this 
temporary rule and concluded that under Figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.1C, this temporary rule is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination is available in the docket for inspection

[[Page 42600]]

or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons set out in the preamble, the Coast Guard 
temporarily amends Part 117 of Tile 33, Code of Federal Regulations, 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Effective from 12:01 a.m., July 26, 1999, to 12 noon, October 1, 
1999, Sec. 117.949 is suspended and a new Sec. 117.T950 is added to 
read as follows:


Sec. 117.T950  Tennessee River.

    (a) Southern Railway Bridge. 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 to 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 the bridge.
    (b) Chief John Ross Drawbridge. The drawspan of the Chief John Ross 
Drawbridge, mile 464.1, at Chattanooga, Tennessee, need not open for 
vessel traffic and may be maintained in the closed-to-navigation 
position.

    Dated: July 26, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 99-20208 Filed 8-4-99; 8:45 am]
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