Section 0400-02-10-.11 - SCHEDULING AND CARRYING CAPACITY(1) The Commercial Operators may prepare a proposed schedule assigning the times each Commercial Operator shall schedule daily trips for the forthcoming season. The proposed schedule shall be based on the Recreational Water Release Days and Times as determined by TVA. It shall include the schedule for all Commercial Operators licensed by TVA for the forthcoming year. A proposed schedule must be presented to the Department, and shall be open for discussion, at the annual preseason public meeting on the first Tuesday of March each year. The proposed schedule shall be utilized until a final schedule is issued by the Department. The Department shall review the proposed schedule and may approve it as presented, review the proposed schedule or reject the proposal and assign schedule times, as necessary, to optimize recreational opportunities, protect the whitewater resource and insure public safety. If a proposed schedule is not submitted, the Department shall schedule the daily trips. The Department shall announce (issue) a final schedule by April 15, of each year. The department may also, in its discretion, limit commercial use of the Ocoee on an emergency basis.(2) The daily commercial carrying capacity for the middle Ocoee River Recreational Area (the area of the river between the Rogers Branch Put-In and the Caney Creek Take-Out) shall be 4,000 commercial customers for those day(s) for which the commercial usage during the last season exceeded 4,000 customers. Days which were capped for the last season will be capped for the next season unless the commercial usage on the "cap" day during the last season fell below 3,800 customers. The commercial "cap" is established in order to optimize recreational opportunities for all classes of users (private paddlers as well as commercial customers), to protect the recreational whitewater resource, and to insure public safety. The Department shall announce the "cap" days for the upcoming season at the annual postseason public meeting on the second Tuesday of October of each year.(3) The Commercial Operators, utilizing a methodology acceptable to the Department, may allocate the commercial use for the "cap" days for the upcoming season. The allocation shall be based on a maximum of 4,000 commercial customers. The proposed allocation shall be presented by the Commercial Operators to the Department, and open for discussion, at the annual pre-season public meeting on the first Tuesday of March. The Department shall review the proposed allocation and may approve it as presented, revise it or reject the proposal and allocate the commercial carrying capacity among the commercial operators, as necessary, to optimize recreational opportunities, protect the whitewater resource and insure public safety. If an allocation is not submitted, the Department shall allocate the commercial customers. The Department shall utilize the "historical use" method in allocating the commercial capacity among the commercial operators. The "historical use" method shall be based on each commercial operator's daily customers totals from at least two prior seasons. The historical use allocation methodology shall be determined as follows: Each commercial operator's largest daily customer total from at least two prior seasons is summed. If the sum exceeds 4,000, each commercial operator's next largest daily customer total is averaged with that operator's largest daily customer total. The average for each commercial operator are summed. If this sum exceed 4,000, each commercial operator's next largest daily customer total is averaged in until the sum of the averages for all commercial operators falls below 4,000. Each commercial operator's average becomes that commercial operator's allocation of commercial customers on "cap" day(s). Each commercial operator is allowed 15% of its allocation as overage to allow for no-shows and cancellations. For purposes of this allocation calculation, operations owned by the same person, association, corporation or political subdivision of the state under separate licenses shall be consolidated and considered to be a single commercial operator. The final commercial "cap" day(s) allocation shall be announced by the Department on or before April 15 of each year.(4) The Commercial Operator must use the CAP Exchange form on "cap" days if their company is going over their allotted "cap". The form must be faxed into the Park Office prior to the trip(s) causing the Operator to exceed the allotted "cap".(5) Each Commercial Operator shall not use more than twelve (12) rafts or carry more than one hundred (100) customers per time slot without prior approval from the Park Manager or Park Ranger in charge of the recreational use of the Middle Ocoee River Recreational Area. Commercial Operators shall adhere to the final daily trip schedule, or on "cap" days the final commercial use "cap" day allocation, at all times.(6) Each raft shall not have more than seven (7) customers or guide trainees, in addition to one (1) guide.Tenn. Comp. R. & Regs. 0400-02-10-.11
Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed May 13, 1994, effective July 27, 1994. Amendment filed June 14, 2010; effective September 12, 2010.Authority: T.C.A. §§ 4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.