[Federal Register: October 7, 2008 (Volume 73, Number 195)]
[Rules and Regulations]               
[Page 58473-58475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc08-11]                         

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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.

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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 http://
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]

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