Drawbridge Operation Regulation; Cumberland River, Nashville, TN, 71554-71555 [E8-27982]

Download as PDF erowe on PROD1PC63 with RULES 71554 Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Rules and Regulations which may be realized by enforced collection proceedings; (ii) Applicability of exemptions available to a debtor under state or federal law; (iii) Uncertainty as to the price which collateral or other property may bring at a forced sale; (iv) The probability of proving the claim in court because of legal issues involved or because of a bona fide dispute of the facts; the probability of full or partial recovery; the availability of necessary evidence and related pragmatic considerations. Debtors may be required to provide a completed Department of Justice Financial Statement of Debtor form (OBD–500 or such other form that DOJ shall prescribe) or other financial information that will permit TMA to verify debtors’ representations. TMA may obtain credit reports or other financial information to enable it independently to verify debtors’ representations. (7) Payment of compromised claims. (i) Time and manner. Compromised claims are to be paid in one lump sum whenever possible. However, if installment payments of a compromised claim are necessary, a legally enforceable compromise agreement must be obtained. Payment of the amount that TMA has agreed to accept as a compromise in full settlement of a TRICARE claim must be made within the time and in the manner prescribed in the compromise agreement. Any such compromised amount is not settled until full payment of the compromised amount has been made within the time and manner prescribed. Compromise agreements must provide for the reinstatement of the prior indebtedness, less sums paid thereon, and acceleration of the balance due upon default in the payment of any installment. (ii) Failure to pay the compromised amount. Failure of any debtor to make payment as provided in the compromise agreement will have the effect of reinstating the full amount of the original claim, less any amounts paid prior to default. (iii) Effect of compromise, waiver, suspension or termination of collection action. Pursuant to the Internal Revenue Code, 26 U.S.C. 6050P, compromises and terminations of undisputed debts totaling $600 or more for the year will be reported to the Internal Revenue Service in the manner prescribed. Amounts, other than those discharged in bankruptcy, will be included in the debtor’s gross income for that year. Any action taken under paragraph (g) of this section regarding the compromise of a federal claim, or waiver or suspension or termination of collection action on a VerDate Aug<31>2005 14:39 Nov 24, 2008 Jkt 217001 federal claim is not an initial determination for the purposes of the appeal procedures in § 199.10. (h) Referrals for collection. (1) Prompt referral. Federal claims of $2,500, exclusive of interest, penalties and administrative costs, or such other amount as the Attorney General shall from time to time prescribe on which collection action has been taken under the provisions of this section which cannot be collected or compromised or on which collection action cannot be suspended or terminated as provided herein, will be promptly referred to the Department of Justice for litigation in accordance with 31 CFR part 904. Such referrals shall be made as early as possible consistent with aggressive collection action made by TRICARE contractors and TMA. Referral will be made with sufficient time to bring timely suit against the debtor. Referral shall be made by submission of a completed Claims Collection Litigation Report (CCLR), accompanied by a signed Certificate of Indebtedness. Claims of less than the minimum amount shall not be referred unless litigation to collect such smaller claims is important to ensure compliance with TRICARE’s policies or programs; the claim is being referred solely for the purpose of securing a judgment against the debtor, which will be filed as a lien against the debtor’s property pursuant to 28 U.S.C. 3201 and returned to the referring office for enforcement; or the debtor has the clear ability to pay the claim and the Government effectively can enforce payment, with due regard for the exemptions available to the debtor under state and Federal law and judicial remedies available to the Government. (2) Preservation of evidence. The Director, TMA, or a designee will take such action as is necessary to ensure that all files, records and exhibits on claims referred, hereunder, are properly preserved. (i) Claims involving indication of fraud, filing of false claims or misrepresentation. Any case in which there is an indication of fraud, the filing of a false claim or misrepresentation on the part of the debtor or any party having an interest in the claim, shall be promptly referred to the Director, TMA, or designee. The Director, TMA, or a designee, will investigate and evaluate the case and either refer the case to an appropriate investigative law enforcement agency or return the claim for other appropriate administrative action, including collection action under this section. Payment on all TRICARE beneficiary or provider claims in which fraud, filing false claims or PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 misrepresentation is suspected will be suspended until the Director, TMA, or designee, authorizes payment or denial of the claims. Collection action on all claims in which a suspicion of fraud, misrepresentation or filing false claims arises, will be suspended pending referral to the appropriate law enforcement agencies by the Director, TMA, or a designee. Only the Department of Justice has authority to compromise, suspend or terminate collection of such debts. (ii) [Reserved] November 18, 2008. Patricia Toppings OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E8–27959 Filed 11–24–08; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2008–1106] Drawbridge Operation Regulation; Cumberland River, Nashville, TN Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operation of the Louisville and Nashville (CSX) Railroad Drawbridge, across the Cumberland River, Mile 190.4, at Nashville, Tennessee. The deviation is necessary to retrofit the bridge with an upgraded rail lift system. This deviation allows the bridge to remain in a closed-tonavigation position for 10 hours each day for a four-day period. DATES: This deviation is effective from 8 a.m. to 6 p.m., December 15–18, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 1106 and are available online at http://www.regulations.gov. They are also available for inspection or copying at two locations: The Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the Robert A. Young Federal Building, Room 2.107F, 1222 Spruce Street, St. Louis, E:\FR\FM\25NOR1.SGM 25NOR1 Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Rules and Regulations MO 63103–2832, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge Administrator, (314) 269–2378. SUPPLEMENTARY INFORMATION: CSX Transportation Inc. requested a temporary deviation for the Louisville and Nashville Railroad Drawbridge, mile 190.4, at Nashville, Tennessee, across the Cumberland River to close the bridge to navigation. The Louisville and Nashville Railroad Drawbridge currently operates in accordance with 33 CFR 117.5, which states the general requirement that drawbridges shall open promptly and fully for the passage of vessels when a request to open is given in accordance with the subpart. In order to meet the bridge owner’s request, the deviation period is 8 a.m. to 6 p.m., December 15–18, 2008 for the draw span to remain in the closed-tonavigation position. There are no alternate routes for vessels transiting this section of the Cumberland River. The bridge has a vertical clearance of 47 feet above normal pool in the closed-to-navigation position. Navigation on the waterway consists primarily of commercial tows, barge fleeter, and recreational watercraft. The majority of vessels can pass under the bridge in the closed position. On average there may be no more than two openings during a week. This temporary deviation has been coordinated with waterway users and no objections were raised. In accordance with 33 CFR 117.35(e), the drawbridge shall return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: November 5, 2008. Roger K. Wiebusch, Bridge Administrator. [FR Doc. E8–27982 Filed 11–24–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 erowe on PROD1PC63 with RULES [USCG–2008–1097] Drawbridge Operation Regulations; Gowanus Canal, Brooklyn, NY, Maintenance Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: VerDate Aug<31>2005 14:39 Nov 24, 2008 Jkt 217001 SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Hamilton Avenue Bridge across the Gowanus Canal, mile 1.2, at Brooklyn, New York. Under this temporary deviation the bridge may remain in the closed position for ten days to facilitate bridge maintenance. Vessels that can pass under the draw without a bridge opening may do so at all times. DATES: This deviation is effective from 7 a.m. on November 17, 2008 through 4 p.m. on December 17, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 1097 and are available online at http://www.regulations.gov. They are also available for inspection or copying at two locations: The Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the First Coast Guard District, Bridge Branch Office, 408 Atlantic Avenue, Boston, Massachusetts 02110, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First Coast Guard District, at (212) 668–7165. SUPPLEMENTARY INFORMATION: The Hamilton Avenue Bridge, across the Gowanus Canal, mile 1.2, at Brooklyn, New York, has a vertical clearance in the closed position of 19 feet at mean high water and 23 feet at mean low water. The Drawbridge Operation Regulations are listed at 33 CFR 117.5. The waterway has seasonal recreational vessels, and commercial vessels of various sizes. The owner of the bridge, New York City Department of Transportation, requested a temporary deviation to facilitate the mechanical and electrical testing at the bridge. Under this temporary deviation the Hamilton Avenue Bridge may remain in the closed position as follows: From 7 a.m. on November 17, 2008 through 4 p.m. on November 20, 2008, From 7 a.m. on December 8, 2008 through 4 p.m. on December 10, 2008, from 7 a.m. on December 15, 2008 through 4 p.m. on December 17, 2008. Vessels that can pass under the bridge without a bridge opening may do so at all times. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 71555 deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: November 13, 2008. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E8–27981 Filed 11–24–08; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–1085] RIN 1625–AA00 Safety Zone; Allegheny River, Clinton, PA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard has established a temporary safety zone extending the entire width of the Allegheny River from mile marker 36.1 to mile marker 36.5. This safety zone is established to protect the general public, marinas, and commercial vessel operators from the hazards associated with the active failure of Lock & Dam #6 (mile marker 36.3). Entry into this zone is prohibited, unless specifically authorized by the Captain of the Port Pittsburgh or a designated representative. DATES: This rule is effective from 1 p.m. on October 30, 2008 until 11:59 p.m. on December 31, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 1085 and are available online by going to http://www.regulations.gov, selecting the Advanced Docket Search option on the right side of the screen, inserting USCG–2008–1085 in the Docket ID box, pressing Enter, and then clicking on the item in the Docket ID column. They are also available for inspection or copying at two locations: The Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays, and the U.S. Coast Guard Marine Safety Unit Pittsburgh, 100 Forbes Avenue, Suite 1150, Pittsburgh, PA 15222, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary E:\FR\FM\25NOR1.SGM 25NOR1

Agencies

[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Rules and Regulations]
[Pages 71554-71555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27982]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-1106]


Drawbridge Operation Regulation; Cumberland River, Nashville, TN

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eighth Coast Guard District has issued a 
temporary deviation from the regulation governing the operation of the 
Louisville and Nashville (CSX) Railroad Drawbridge, across the 
Cumberland River, Mile 190.4, at Nashville, Tennessee. The deviation is 
necessary to retrofit the bridge with an upgraded rail lift system. 
This deviation allows the bridge to remain in a closed-to-navigation 
position for 10 hours each day for a four-day period.

DATES: This deviation is effective from 8 a.m. to 6 p.m., December 15-
18, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-1106 and are available online 
at http://www.regulations.gov. They are also available for inspection 
or copying at two locations: The Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and 
the Robert A. Young Federal Building, Room 2.107F, 1222 Spruce Street, 
St. Louis,

[[Page 71555]]

MO 63103-2832, between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge 
Administrator, (314) 269-2378.

SUPPLEMENTARY INFORMATION: CSX Transportation Inc. requested a 
temporary deviation for the Louisville and Nashville Railroad 
Drawbridge, mile 190.4, at Nashville, Tennessee, across the Cumberland 
River to close the bridge to navigation. The Louisville and Nashville 
Railroad Drawbridge currently operates in accordance with 33 CFR 117.5, 
which states the general requirement that drawbridges shall open 
promptly and fully for the passage of vessels when a request to open is 
given in accordance with the subpart. In order to meet the bridge 
owner's request, the deviation period is 8 a.m. to 6 p.m., December 15-
18, 2008 for the draw span to remain in the closed-to-navigation 
position.
    There are no alternate routes for vessels transiting this section 
of the Cumberland River. The bridge has a vertical clearance of 47 feet 
above normal pool in the closed-to-navigation position. Navigation on 
the waterway consists primarily of commercial tows, barge fleeter, and 
recreational watercraft. The majority of vessels can pass under the 
bridge in the closed position. On average there may be no more than two 
openings during a week. This temporary deviation has been coordinated 
with waterway users and no objections were raised.
    In accordance with 33 CFR 117.35(e), the drawbridge shall return to 
its regular operating schedule immediately at the end of the designated 
time period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.

    Dated: November 5, 2008.
Roger K. Wiebusch,
Bridge Administrator.
[FR Doc. E8-27982 Filed 11-24-08; 8:45 am]
BILLING CODE 4910-15-P