[Federal Register Volume 62, Number 64 (Thursday, April 3, 1997)]
[Rules and Regulations]
[Pages 15842-15843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8506]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-96-069]
RIN 2115-AE47


Drawbridge Regulations; St. Johns River, FL

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the Fuller Warren (I10/I95) drawbridge, located in 
Jacksonville, Florida, by limiting the number of openings during 
certain periods. This change is being made because of complaints of 
delays to vehicular traffic on Interstate 95. This action is necessary 
to accommodate the needs of vehicular traffic flow and still provide 
for the reasonable needs of navigation.

DATES: This rule is effective April 3, 1997. Comments must be received 
on or before June 2, 1997.

ADDRESSES: Comments may be mailed to the Commander (oan), Seventh Coast 
Guard District, Bridge Section, Brickell Plaza Federal Building, 909 
S.E. First Avenue, Miami, Florida 33131-3050, or may be delivered to 
room 406 at the same address between 7:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (305) 
536-4103.

FOR FURTHER INFORMATION CONTACT:
Mr. Gary D. Pruitt, Project Manager, Seventh Coast Guard District, 
Bridge Section, at (305) 536-7331.

SUPPLEMENTARY INFORMATION: This rule is being published as an interim 
rule and is being made effective on the date of publication. This rule 
is being promulgated without an NPRM because this proposed regulation 
change is needed immediately due to the large increase on highway 
traffic on Interstate 95 and the greater number of bridge openings 
being caused by increased vessel traffic along this reach of the St. 
Johns River. This interim rule was tested by a ninety day temporary 
deviation with request for comments (62 FR 3461, January 23, 1997) from 
November 8, 1996, through February 8, 1997. The change in opening 
schedules helped to relieve traffic congestion without unreasonably 
impacting navigation. The Coast Guard did not receive any objections to 
the temporary deviation during the test period. The interim rule has 
not changed from the previously tested temporary deviation.

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD07-96-069) and the specific section of 
this rule to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.

[[Page 15843]]

    The Coast Guard will consider all comments received during the 
comment period. It may change this rule or the assessment in view of 
the comments received. The Coast Guard plans no public hearing. Persons 
may request a public hearing by writing to the District Commander at 
the address under ADDRESSES. The request should include the reasons why 
a hearing would be beneficial. If it determines that the opportunity 
for oral presentation will aid this rulemaking, the Coast Guard will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register.

Background and Purpose

    The Coast Guard is changing the regulations governing the operation 
of the Fuller Warren (I10/I95) drawbridge, located in Jacksonville, 
Florida, by limiting the number of openings during certain periods. 
This change is being made because of complaints of delays to vehicular 
traffic during the heavy morning and afternoon commute periods. The 
traffic volume has doubled on this interstate highway system since 
1991, reducing the Level of Service (LOS) to LOS E during weekdays. 
This action is necessary to accommodate the needs of vehicular traffic 
flow and provide for the reasonable needs of the vessel navigation. The 
regulations governing the operation of the Acosta (SR13) Bridge are 
being removed since the drawbridge has been replaced with a fixed 
bridge.
    This interim rule is unchanged from the temporary deviation with 
comments published on January 23, 1997. The interim rule reduces the 
number of drawbridge openings by increasing the morning and afternoon 
commuter closed periods from 1\1/2\ hours to 2 hours, and establishing 
hourly openings from 9 a.m. to 4 p.m. Monday through Friday except 
federal holidays. Tugs with tows shall be passed at any time from 9 
a.m. to 4 p.m. Vessels in an emergency involving life or property shall 
be passed at any time through the drawbridge.

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. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. We 
conclude this because of the infrequent operation of the draw, and 
commercial tugs with tows shall be passed at any time from 9 a.m. to 4 
p.m., and vessels in a situation where a delay would endanger life or 
property will be passed through the draw at any time.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field's and (2) governmental jurisdictions with 
populations of less than 50,000. This rule does not require a general 
notice of proposed rulemaking and, therefore, is exempt from the 
requirements of the Act. Although this rule is exempt, the Coast Guard 
has reviewed it for potential impacts on small entities.
    The economic impact will not affect a substantial number of small 
entities since commercial tugs with tows are exempt from the midday 
restrictions and will be able to plan their passage to avoid the 
morning and afternoon closed periods.
    Therefore, the Coast Guard's position is that this rule will not 
have a significant economic impact on a substantial number of small 
entities. If, however, you think that your business or organization 
qualifies as a small entity and that this rule will have a significant 
economic impact on your business or organization, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this rule will economically affect it.

Collection of Information

    This rule contains no collection-of-information requirements under 
the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)

Federalism

    The Coast Guard has analyzed the rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under Section 2.B.2.e.(32) of Commandant Instruction 
M16475.1B, promulgation of operating requirements or procedures for 
drawbridges is categorically excluded from further environmental 
documentation. A ``Categorical Exclusion Determination'' is available 
in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Final Regulations

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:
    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); Section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.325 is amended by revising paragraph (a), by 
redesignating paragraph (b) as paragraph (c), and by adding a new 
paragraph (b) to read as follows:


Sec. 117.325  St. Johns River.

    (a) The draw of the Main Street (US17) Bridge, mile 24.7, at 
Jacksonville, shall open on signal except that, from 7 a.m. to 8:30 
a.m. and from 4:30 p.m. to 6 p.m., Monday through Saturday except 
Federal holidays, the draws need not be opened for the passage of 
vessels. The draws shall open at any time for vessels in an emergency 
involving life or property.
    (b) The draw of the Fuller Warren (I10-I95) Bridge, mile 25.4, at 
Jacksonville, shall open on signal except that, from 7 a.m. to 9 a.m. 
and from 4 p.m. to 6 p.m., Monday through Friday except Federal 
holidays, the draws need not be opened for the passage of vessels. From 
9 a.m. to 4 p.m., Monday through Friday except Federal holidays, except 
for tugs with tows, the draws need open only on the hour for the 
passage of vessels. The draws shall open at any time for vessels in an 
emergency involving life or property.
* * * * *
    Dated: March 4, 1997.
R.C. Olsen, Jr.,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 97-8506 Filed 4-2-97; 8:45 am]
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