[Federal Register: March 31, 2004 (Volume 69, Number 62)]
[Rules and Regulations]
[Page 16793-16795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr04-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-04-033]
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.
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SUMMARY: The Coast Guard is temporarily changing the regulations
governing the operation of the Main Street Bridge, mile 24.7, St. Johns
River, Jacksonville, Florida. The Florida Department of
Transportation's contractor for bridge repairs was unable to complete
the scheduled repairs by January 31, 2004, the date provided in the
temporary rule published on October 6, 2003. This temporary rule is
required to allow the bridge owner to complete the project by May 31,
2004. Under this temporary rule, the bridge need not open from 6 p.m.
to 6 a.m. each day from March 31, 2004 until May 31, 2004. Due to
repair work, the vertical clearance of the bridge will be reduced by 5
feet.
DATES: This rule is effective from 6 p.m., on March 31, 2004, to 6
a.m., on May 31, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD07-04-033] and are available for
inspection or copying at Commander (obr), Seventh Coast Guard District,
909 SE. 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:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) 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. Also, since this 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
[[Page 16794]]
be unduly disrupted during the repair process. Two temporary final
rules were previously published (68 FR 47462 and 68 FR 57614), that
requested a similar schedule though occurring on different dates. The
contractor contacted the Coast Guard on January 27, 2004 and requested
the date change due to various delays outside the contractor's control.
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. The contractor submitted a letter on January 27,
2004, requesting an extension and change to the bridge's operating
schedule to effect repairs, due to delays beyond their control.
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 to allow the contractor to
safely repair the bridge while providing for the reasonable needs of
navigation during daylight hours.
Background and Purpose
The Main Street Bridge, mile 24.7, St. Johns River 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 regulation in 33 CFR 117.325(a)
requires 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
January 27, 2004, that work on the vertical lift bridge was delayed by
events outside their control and that an additional temporary schedule
change was needed to complete the project. They also requested an extra
2 hours per day for the closure period (6 p.m. to 6 a.m.). Finally, due
to worker safety issues, there will be a 5-foot reduction in vertical
clearance for scaffolding. This 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 when the transit area is most heavily traveled.
Discussion of Rule
Under this temporary rule, the bridge need not open from 6 p.m.
until 6 a.m., March 31, 2004, to May 31, 2004. 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.
This rule will impact vessels greater than 35 feet in height because of
the reduction in vertical clearance. This rule, however, will only
affect a small percentage of vessel traffic through the bridge, because
of limited nighttime navigation at this location, and openings are
available during daylight hours.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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, 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 5:59 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 (Public Law 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.
[[Page 16795]]
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. 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.
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 Checklist'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
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 6 p.m. on March 31, 2004, until 6 a.m. on May 31, 2004, 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 (US 17) Bridge, mile 24.7 at
Jacksonville, shall open on signal, except that from 6 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: March 15, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-7110 Filed 3-30-04; 8:45 am]
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