[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Rules and Regulations]
[Pages 16793-16795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7110]


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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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