[Federal Register: December 7, 2007 (Volume 72, Number 235)]
[Rules and Regulations]
[Page 69144-69145]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de07-5]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. CGD07-07-252]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Mile 1134, Key Largo, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the operating
regulations governing the Jewfish Creek Bridge, Atlantic Intracoastal
Waterway mile 1134, Key Largo, Monroe County, Florida. This rule will
allow the Drawbridge to open on signal, except that from 7 a.m. until
sunset this bridge will open on the hour and half-hour. This action is
necessary for workers' safety.
DATES: This rule is effective 7 a.m. December 7, 2007 to April 30,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of the docket [Docket No. CGD07-07-252] and are
available for inspection or copying at 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: Mr. Michael Lieberum, Seventh Coast
Guard District, Bridge Administration Branch, telephone number 305-415-
6744.
SUPPLEMENTARY INFORMATION:
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. An NPRM would be impracticable
and contrary to the public interest as a delay in the effective date
poses a risk to the construction workers and increases the risk of
traffic accidents.
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. The bridge owner had informed the
Coast Guard that there have been more vehicle accidents, resulting in
an increased risk to workers during normal operation of this bridge
then during the half-hour closure periods. Therefore, it is in the best
interest of safety to implement this regulation as soon as possible.
Background and Purpose
The existing regulation of the draw requires that the Jewfish Creek
Bridge, mile 1134 at Key Largo, shall open on signal; except that, from
10 a.m. to Sunset, Thursday through Sunday and Federal holidays, the
draw need open only on the hour and half hour.
The owner of the bridge notified the Coast Guard that there is a
noticeable difference in the vehicular delays and safety because of the
vehicles backed up due to the on-demand openings. This has created
additional accidents within the work zone and increases the potential
of serious injuries to construction workers in the work zone. For these
reasons the bridge owner has requested that the Coast Guard change the
current operation of the Jewfish Creek Bridge. The drawbridge will be
required to open twice an hour from 7 a.m. to sunset.
In cases of emergency, the drawbridge will be opened as soon as
possible. This regulation is necessary for workers' safety.
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.
Although bridge openings will be restricted, vessel traffic will
still be able to transit the Atlantic Intracoastal Waterway pursuant to
the revised opening schedule.
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 would affect the following entities, some of which
may be small entities: The owners or operators of vessels needing to
transit the Atlantic Intracoastal Waterway in the vicinity of the
Jewfish Creek Bridge, persons intending to drive over the bridge, and
nearby business owners. The revision to the openings schedule would 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 Atlantic Intracoastal 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 want to assist small
entities in understanding the rule so that they could 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
[[Page 69145]]
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 the 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 affect 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 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 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 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.
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(g); Department of
Homeland Security Delegation No. 0170.1
0
2. From 7 a.m. on December 7, 2007, through sunset on April 30, 2008,
Sec. 117.261(qq) is suspended and Sec. 117.261(uu) is added to read
as follows:
Sec. 117.261 Atlantic Intracoastal Waterway.
* * * * *
(uu) Jewfish Creek Bridge, mile 1134, Key Largo. The draw shall
open on signal, except that from 7 a.m. to sunset, the bridge shall
open on the hour and half-hour.
* * * * *
Dated: November 23, 2007.
William Lee,
Capt. USCG, District Commander, Seventh Coast Guard District, Acting.
[FR Doc. E7-23600 Filed 12-6-07; 8:45 am]
BILLING CODE 4910-15-P