[Federal Register Volume 72, Number 235 (Friday, December 7, 2007)]
[Rules and Regulations]
[Pages 69144-69145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23600]


=======================================================================
-----------------------------------------------------------------------

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