Drawbridge Regulations; St. Johns River, FL

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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