

[Federal Register: October 2, 2007 (Volume 72, Number 190)]
[Rules and Regulations]               
[Page 56014-56015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc07-5]                         


[[Page 56014]]

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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.

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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

[[Page 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.


0
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

0
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.

0
2. Add Sec.  165.T08-826 to read as follows:


Sec.  165.T08-826  Cumberland River, TN-regulated 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; 8:45 am]

BILLING CODE 4910-15-P
