[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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