Drawbridge Operation Regulation; Okeechobee Waterway, Mile 126.3, Olga, FL, 58473-58475 [E8-23602]
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<![CDATA[
Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations
displays a currently valid OMB control
number. The information collection
under 30 CFR part 260 is either exempt
from the PRA (5 CFR 1320.4(a)(2), (c))
or refers to requirements covered under
30 CFR parts 203 and 256.
(b) You may send comments regarding
any aspect of the collection of
information under this part to the
Information Collection Clearance
Officer, Minerals Management Service,
Mail Stop 5438, 1849 C Street, NW.,
Washington, DC 20240.
■
6. Revise § 260.113 to read as follows:
(b) If we establish a royalty
suspension volume for a field as a result
of an approved application for royalty
relief submitted for a pre-Act lease
under part 203 of this chapter, then:
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[FR Doc. E8–23290 Filed 10–6–08; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
§ 260.113 When does an eligible lease
qualify for a royalty suspension volume?
33 CFR Part 117
(a) Your eligible lease will receive a
royalty suspension volume as specified
in the Act. The bidding system in
§ 260.110(g) applies.
(b) Your eligible lease may receive a
royalty suspension volume only if your
entire lease is west of 87 degrees, 30
minutes West longitude.
[Docket No. USCG–2008–0822]
■
7. Revise § 260.114 to read as follows:
§ 260.114 How does MMS assign and
monitor royalty suspension volumes for
eligible leases?
(a) We have specified the water depth
category for each eligible lease in the
final Notice of OCS Lease Sale Package.
The Final Notice of Sale is published in
the Federal Register and the complete
Final Notice of OCS Lease Sale Package
is available on the MMS Web site. Our
determination of water depth for each
lease became final when we issued the
lease.
(b) We have specified in the Notice of
OCS Lease Sale the royalty suspension
volume applicable to each water depth.
The following table shows the royalty
suspension volumes for each eligible
lease in million barrels of oil equivalent
(MMBOE):
Minimum
royalty
suspension
volume
Water depth
(1) 200 to less than 400 meters.
(2) 400 to less than 800 meters.
(3) 800 meters or more ........
17.5 MMBOE.
52.5 MMBOE.
87.5 MMBOE.
8. Remove § 260.117.
9. Revise the heading of § 260.124 and
the introductory text of paragraph (b) to
read as follows:
■
jlentini on PROD1PC65 with RULES
■
§ 260.124 How will royalty suspension
apply if MMS assigns a lease issued in a
sale held after November 2000 to a field that
has a pre-Act lease?
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RIN 1625–AA09
Drawbridge Operation Regulation;
Okeechobee Waterway, Mile 126.3,
Olga, FL
Coast Guard, DHS.
Temporary rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the operating regulations governing the
Wilson Pigott Bridge, Okeechobee
Waterway mile 126.3, Olga, Lee County,
Florida. This action is necessary for
worker safety and will assist in
expediting the repairs to this bridge.
During the period of this rule, the bridge
will open a single-leaf on signal; a
double-leaf opening is available with a
three-hour advance notice to the bridge
tender.
DATES: This rule is effective from 6 a.m.
on October 7, 2008, to 6 p.m. on
February 28, 2009.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–0822 and are
available online at https://
www.regulations.gov. This material is
also available for inspection or copying
at two locations: The Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays and the
Commander (dpb), Seventh Coast Guard
District, 909 S.E. 1st Avenue, Room 432,
Miami, Florida 33131–3028 between 8
a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call Mr.
Michael Lieberum, Seventh Coast Guard
District, Bridge Administration Branch,
telephone number 305–415–6744. If you
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58473
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The Coast
Guard is issuing this temporary final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
publishing an NPRM was impracticable
and contrary to the public interest as the
rule was needed to provide for worker
safety and will assist in expediting the
repairs of the bridge.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective in less than 30
days after publication in the Federal
Register. Publishing an NPRM was
impracticable and contrary to the public
interest, because the rule was needed to
provide for worker safety and will assist
in expediting the repairs of the bridge.
Background and Purpose
33 CFR 117.317 requires that the
Wilson Pigott Bridge, mile 126.3 at Olga,
shall open on signal; except that, from
10 p.m. to 6 a.m. the draw shall open
on signal if at least three hours notice
is given.
Due to the repairs of the Wilson Pigott
Bridge, Okeechobee Waterway mile
126.3 at Olga, Lee County, Florida,
Coastal Marine Construction, Inc.
representing the owner of the bridge,
has requested that the Coast Guard
change the current operation of the
Wilson Pigott Bridge. This resulting
regulation is necessary for workers
safety and will assist in expediting
repairs to the Wilson Pigott Bridge.
During the duration of this temporary
rule, the bridge will be required to open
only a single-leaf on signal, rather than
a double-leaf. A double-leaf opening
will be available, however, with a threehour notice to the bridge tender. In
addition, sometime between September
5, 2008, and February 29, 2009, the
bridge will be closed to navigation for
an eight-hour period; the exact times
and date of the bridge closure will be
published in the Local Notice to
Mariners and Broadcast Notice to
Mariners. In cases of emergency, the
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Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations
bridge will be opened as soon as
possible.
Discussion of Rule
During the period of this temporary
rule, the draw of the Wilson Pigott
Bridge shall open only a single-leaf on
signal. Leaving one leaf in the closed
position will significantly expedite
repairs to the bridge and increase
worker safety as the workers will be able
to work on the closed leaf without
interruption. Double-leaf operations
shall be available if a three-hour
advance notice is provided to the bridge
tender. An eight-hour bridge closure
will be required during the repairs. The
exact date and times will be published
in the Local Notice to Mariners and
Broadcast Notice to Mariners. The draw
shall open as soon as possible for the
passage of tugs with tows, public vessels
of the United States and vessels in a
situation where a delay would endanger
life or property.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
jlentini on PROD1PC65 with RULES
Regulatory Planning and Review
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.
The rule allows for bridge openings
during the repairs to this bridge and all
closure times will be published with
adequate time for mariners to plan
accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have 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 will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
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18:31 Oct 06, 2008
Jkt 217001
entities: The owners or operators of
vessels needing to transit the
Okeechobee Waterway in the vicinity of
the Wilson Pigott Bridge, persons
intending to drive over the bridge, and
nearby business owners. The revision to
the openings schedule will not have a
significant impact on a substantial
number of small entities. Although
bridge openings will be restricted,
vessel traffic will still be able to transit
the Okeechobee Waterway pursuant to
the revised opening schedule.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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.
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.
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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
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.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
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Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 5100.1 and
Commandant Instruction M16475.lD,
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 under the Instruction
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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
■
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Add § 117.317(l) to read as follows:
§ 117.317
Okeechobee Waterway.
jlentini on PROD1PC65 with RULES
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(l) Wilson Pigott Bridge, Olga, Florida.
(1) The draw of the Wilson Pigott Bridge
in Olga will open a single-leaf on signal
with a double-leaf available with a
three-hour notice to the bridge tender.
In addition, the bridge will be closed to
navigation for an eight-hour period; the
exact times and date of the bridge
closure will be published in the Local
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18:31 Oct 06, 2008
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Notice to Mariners and Broadcast Notice
to Mariners.
(2) Effective Dates. This paragraph (l)
is effective from 6 a.m. on October 7,
2008, through 6 p.m. on February 28,
2009.
Dated: September 4, 2008.
R.S. Branham,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. E8–23602 Filed 10–6–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–0525; FRL–8726–2]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Reasonable Further Progress Plan,
Motor Vehicle Emissions Budgets, and
Revised 2002 Base Year Emissions
Inventory; Dallas/Fort Worth 1997
8-Hour Ozone Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving a revision to
the Texas State Implementation Plan
(SIP) to meet the Reasonable Further
Progress (RFP) requirements of the
Clean Air Act (CAA) for the Dallas/Fort
Worth (DFW) moderate 1997 8-hour
ozone nonattainment area. EPA is also
approving the RFP motor vehicle
emissions budgets (MVEBs) and a
revised 2002 Base Year Emissions
Inventory associated with the revision.
EPA is approving the SIP revision
because it satisfies the RFP, RFP
transportation conformity and
Emissions Inventory requirements for
1997 8-hour ozone nonattainment areas
classified as moderate and demonstrates
further progress in reducing ozone
precursors. EPA is approving the
revision pursuant to section 110 and
part D of the CAA and EPA’s
regulations.
DATES: This direct final rule will be
effective December 8, 2008 without
further notice unless EPA receives
relevant adverse comments by
November 6, 2008. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2007–0525, by one of the
following methods:
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58475
• Federal e-Rulemaking Portal:
https://www.regulations.gov.
• Follow the online instructions for
submitting comments.
• EPA Region 6 ‘‘Contact Us’’ Web
site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD
(Multimedia)’’ and select ‘‘Air’’ before
submitting comments.
• E-mail: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by e-mail to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7242.
• Mail: Mr. Guy Donaldson, Chief,
Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays,
and not on legal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket No. EPA–R06–OAR–2007–0525.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
E:\FR\FM\07OCR1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Rules and Regulations]
[Pages 58473-58475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23602]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2008-0822]
RIN 1625-AA09
Drawbridge Operation Regulation; Okeechobee Waterway, Mile 126.3,
Olga, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the operating regulations
governing the Wilson Pigott Bridge, Okeechobee Waterway mile 126.3,
Olga, Lee County, Florida. This action is necessary for worker safety
and will assist in expediting the repairs to this bridge. During the
period of this rule, the bridge will open a single-leaf on signal; a
double-leaf opening is available with a three-hour advance notice to
the bridge tender.
DATES: This rule is effective from 6 a.m. on October 7, 2008, to 6 p.m.
on February 28, 2009.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0822 and are available online at https://
www.regulations.gov. This material is also available for inspection or
copying at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays and the Commander
(dpb), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 432,
Miami, Florida 33131-3028 between 8 a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mr. Michael Lieberum, Seventh Coast Guard District, Bridge
Administration Branch, telephone number 305-415-6744. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION: The Coast Guard is issuing this temporary
final rule without prior notice and opportunity to comment pursuant to
authority under section 4(a) of the Administrative Procedure Act (APA)
(5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule
without prior notice and opportunity to comment when the agency for
good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because publishing an NPRM was impracticable and contrary to the
public interest as the rule was needed to provide for worker safety and
will assist in expediting the repairs of the bridge.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. Publishing an NPRM was
impracticable and contrary to the public interest, because the rule was
needed to provide for worker safety and will assist in expediting the
repairs of the bridge.
Background and Purpose
33 CFR 117.317 requires that the Wilson Pigott Bridge, mile 126.3
at Olga, shall open on signal; except that, from 10 p.m. to 6 a.m. the
draw shall open on signal if at least three hours notice is given.
Due to the repairs of the Wilson Pigott Bridge, Okeechobee Waterway
mile 126.3 at Olga, Lee County, Florida, Coastal Marine Construction,
Inc. representing the owner of the bridge, has requested that the Coast
Guard change the current operation of the Wilson Pigott Bridge. This
resulting regulation is necessary for workers safety and will assist in
expediting repairs to the Wilson Pigott Bridge. During the duration of
this temporary rule, the bridge will be required to open only a single-
leaf on signal, rather than a double-leaf. A double-leaf opening will
be available, however, with a three-hour notice to the bridge tender.
In addition, sometime between September 5, 2008, and February 29, 2009,
the bridge will be closed to navigation for an eight-hour period; the
exact times and date of the bridge closure will be published in the
Local Notice to Mariners and Broadcast Notice to Mariners. In cases of
emergency, the
[[Page 58474]]
bridge will be opened as soon as possible.
Discussion of Rule
During the period of this temporary rule, the draw of the Wilson
Pigott Bridge shall open only a single-leaf on signal. Leaving one leaf
in the closed position will significantly expedite repairs to the
bridge and increase worker safety as the workers will be able to work
on the closed leaf without interruption. Double-leaf operations shall
be available if a three-hour advance notice is provided to the bridge
tender. An eight-hour bridge closure will be required during the
repairs. The exact date and times will be published in the Local Notice
to Mariners and Broadcast Notice to Mariners. The draw shall open as
soon as possible for the passage of tugs with tows, public vessels of
the United States and vessels in a situation where a delay would
endanger life or property.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
The rule allows for bridge openings during the repairs to this
bridge and all closure times will be published with adequate time for
mariners to plan accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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 will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels needing to
transit the Okeechobee Waterway in the vicinity of the Wilson Pigott
Bridge, persons intending to drive over the bridge, and nearby business
owners. The revision to the openings schedule will not have a
significant impact on a substantial number of small entities. Although
bridge openings will be restricted, vessel traffic will still be able
to transit the Okeechobee Waterway pursuant to the revised opening
schedule.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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 will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of
[[Page 58475]]
Management and Budget, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, 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
under the Instruction 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.
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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Add Sec. 117.317(l) to read as follows:
Sec. 117.317 Okeechobee Waterway.
* * * * *
(l) Wilson Pigott Bridge, Olga, Florida. (1) The draw of the Wilson
Pigott Bridge in Olga will open a single-leaf on signal with a double-
leaf available with a three-hour notice to the bridge tender. In
addition, the bridge will be closed to navigation for an eight-hour
period; the exact times and date of the bridge closure will be
published in the Local Notice to Mariners and Broadcast Notice to
Mariners.
(2) Effective Dates. This paragraph (l) is effective from 6 a.m. on
October 7, 2008, through 6 p.m. on February 28, 2009.
Dated: September 4, 2008.
R.S. Branham,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E8-23602 Filed 10-6-08; 8:45 am]
BILLING CODE 4910-15-P
