[Federal Register: August 11, 2003 (Volume 68, Number 154)]
[Rules and Regulations]
[Page 47462-47464]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au03-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-03-131]
RIN 1625-AA09
Drawbridge Operation Regulations; St. Johns River, Mile 24.7 at
Jacksonville, Duval County, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is temporarily changing the regulations
governing the operation of the Main Street Bridge, mile 24.7,
Jacksonville, Florida. Under this temporary rule, the bridge need not
open from 8 p.m. to 6 a.m., August 18, 2003 until October 30, 2003.
This temporary rule is required to allow the bridge owner to provide
for worker safety while completing repairs to the bridge. Due to the
repair work, the vertical clearance of the bridge will be reduced by 5
feet.
DATES: This rule is effective from 8 p.m., August 18, 2003, until 6
a.m., October 30, 2003. Comments must be received by September 19,
2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD07-03-131 and are available for
inspection or copying at Commander (obr), Seventh Coast Guard District,
909 S.E. 1st Avenue, Room 432, Miami, FL 33131, between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer,
Seventh Coast Guard District, Bridge Branch, at (305) 415-6743.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD07-03-
131), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received. The
Coast Guard may amend this temporary final rule based on comments
received.
Regulatory Information
We did not publish a notice of proposed rulemaking (NRPM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM was
impracticable and contrary to the public interest, because the rule was
needed to allow the contractor to provide for worker safety while
repairing the bridge. The repair work is required before the winter
season when there will be increased boating and vehicular traffic in
the area. Also, since the temporary rule provides for bridge openings
during the majority of the day, during daytime hours when the area is
most heavily traveled, vessel traffic will not be unduly disrupted
during the repair process.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after Federal
Register publication. Though the contractor submitted a letter on May
29, 2003, requesting a change to the bridge's operating schedule to
effect repairs, that request was incorrectly addressed and did not
reach the Bridge Branch until faxed there on July 7, 2003. The repair
work to the bridge needs to be done before the busy winter season.
Accordingly, there was insufficient time remaining to either publish an
NPRM or delay the effective date of the rule. This temporary rule
provides for a reduction in bridge openings so as to allow the
contractor to safely repair the bridge while providing for the
reasonable needs of navigation.
Background and Purpose
The Main Street Bridge, mile 24.7 at Jacksonville, Duval County,
Florida, has a vertical clearance of 40 feet at mean high water and a
horizontal clearance of 350 feet between the fender systems. The
existing operating regulations in 33 CFR 117.325 require the bridge to
open on signal except that, from 7 a.m. to 8:30 a.m. and 4:30 p.m. to 6
p.m., Monday through Saturday, except Federal holidays, the draw need
not open for the passage of vessels. The draw opens at any time for
vessels in an emergency involving life or property.
Royal Bridge, Inc., contractors notified the Coast Guard on July 7,
2003, that work on the vertical lift is scheduled from August 18, 2003,
to October 30, 2003. For safety reasons, there will be a 5-foot
reduction in vertical clearance. The contractors request that the
bridge not open from 8 p.m. until 6 a.m. during the repair period. This
temporary rule is necessary to provide for worker safety during repairs
to the bridge and does not significantly hinder navigation, as openings
will be provided throughout the remainder of the day.
Discussion of Rule
Under this temporary rule, the bridge need not open from 8 p.m.
until 6 a.m., August 18, 2003, to October 3, 2003. There will also be a
reduction in vertical clearance of 5 feet. This action is necessary for
worker safety during repairs to the bridge and does not significantly
hinder navigation.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
The temporary rule will impact vessels of greater than 35 feet in
height because of the reduction in vertical clearance. The
[[Page 47463]]
temporary rule, however, will only affect a small percentage of vessel
traffic through the bridge, because it is not yet the winter season
when there would be substantially greater use of the bridge.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this temporary 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 temporary
rule would not have a significant economic impact on a substantial
number of small entities, because the regulations will affect only a
limited amount of marine traffic and will still provide for navigation
needs by opening on signal from 6:01 a.m. to 7:59 p.m.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this temporary rule
would have a significant economic impact on it, please submit a comment
(see 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 temporary rule so that they can better
evaluate its effects on them and comment if necessary. If this
temporary rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact the person listed
in FOR FURTHER INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
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 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 the preamble.
Taking of Private Property
This rule will 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 would 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded 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, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction, from further
environmental documentation. Under figure 2-1, paragraph (32)(e), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); Section 117.255 also issued
under authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From 8 p.m. on August 18, 2003, until 6 a.m. on October 30, 2003, in
Sec. 117.325, paragraph (a) is suspended and a new paragraph (d), is
added to read as follows:
Sec. 117.325 St. Johns River.
* * * * *
(d) The draw of the Main Street (US17) Bridge, mile 24.7 at
Jacksonville,
[[Page 47464]]
shall open on signal, except that from 8 p.m. until 6 a.m., the draw
need not open for the passage of vessels. The draw shall open at any
time for vessels in an emergency involving life or property.
Dated: July 28, 2003.
F.M. Rosa,
Captain, Coast Guard, Acting Commander, Seventh Coast Guard District.
[FR Doc. 03-20334 Filed 8-8-03; 8:45 am]
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