[Federal Register Volume 68, Number 154 (Monday, August 11, 2003)]
[Rules and Regulations]
[Pages 47462-47464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20334]


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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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