Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 58473 

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: 

§ 260.113 When does an eligible lease 

qualify for a royalty suspension volume? 

(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. 

■ 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): 

Water depth 

Minimum 

royalty 

suspension 

volume 

(1) 200 to less than 400 meters.17.5 MMBOE. 

(2) 400 to less than 800 meters.52.5 MMBOE. 

(3) 800 meters or more ........ 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: 

§ 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? 

* * * * * 

(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: 

* * * * * 

[FR Doc. E8–23290 Filed 10–6–08; 8:45 am] 

BILLING CODE 4310–MR–P 

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 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 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 


jlentini on PROD1PC65 with RULES
58474 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. 

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 


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Federal Register / Vol. 73, No. 195 / Tuesday, October 7, 2008 / Rules and Regulations 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. 

■ 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. 

* * * * * 

(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 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

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: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. 

• Follow the online instructions for 

submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://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 http:// 

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 http:// 

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 http:// 

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. 


jlentini on PROD1PC65 with RULES