[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Rules and Regulations]
[Pages 40653-40654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20387]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-94-028]
RIN 2115-AE47
Drawbridge Operating Regulation; Kelso Bayou, LA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulation governing the
operation of the State Route 27 swing span drawbridge across Kelso
Bayou, mile 0.7, at Hackberry, Cameron Parish, Louisiana. The change
requires four hours advance notification at night from May 20 through
December 22. The change will increase the advance notification from
four hours to 24 hours from December 23 through May 19. This action
provides relief to the bridge owner and still provides for the
reasonable needs of navigation.
DATES: This rule is effective August 31, 1998.
ADDRESSES: Unless otherwise indicated, documents referred to in this
notice are available for inspection or copying at the office of the
Eighth Coast Guard District, Bridge Administration Branch, Hale Boggs
Federal Building, room 1313, 501 Magazine Street, New Orleans,
Louisiana 70130-3396 between 7 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. The telephone number is (504) 589-2965.
Commander (ob) maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT:
Mr. David Frank, Bridge Administration Branch, telephone number 504-
589-2965.
SUPPLEMENTARY INFORMATION:
Regulatory History
On October 4, 1994, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (59 FR 50528). The NPRM
proposed a change to the advance notification required prior to opening
the bridge.
The Coast Guard received four letters in response to the NPRM. One
of the letters was from a business owner whose business was dependent
upon access by waterway users to deliver their product to his facility.
He stated that the change would force a closure of his business. The
applicant and the bridge owner began discussions to attempt to resolve
their differences, but were unable to reach any agreement. Since that
time, the business owner has sold his business. Subsequently, the
business closed completely. The Louisiana Department of Transportation
and Development (LDOTD) resubmitted a proposal requesting a new
operating schedule.
On April 15, 1998, the Coast Guard published a Supplemental Notice
of Proposed Rulemaking entitled Drawbridge Operation Regulation; Kelso
Bayou, LA in the Federal Register (63 FR 18350). The Coast Guard
received one letter commenting on the proposal. A public hearing was
not requested and one was not held.
Background and Purpose
The Kelso Bayou bridge is a 406-foot long structure. Navigational
clearances provided by the bridge are 9.1 feet vertical above mean high
water in the closed position and unlimited in the open position.
Horizontal clearance is 50 feet. Navigation on the waterway consists
mainly of small and large fishing boats and occasional small oil field
work boats.
LDOTD requested the new regulation because of a decline in vessel
traffic that passes the Kelso Bayou bridge at Hackberry during certain
times of the year. The rule allows the bridge owner relief from having
a person available at the bridge site during the periods when vessel
traffic is less frequent. This rule creates a saving to the taxpayer
while still serving the reasonable needs of navigational interests.
The regulation requires that from May 20, through October 31, the
draw opens on signal from 7 a.m. until 7 p.m. From 7 p.m. until 7 a.m.,
the draw opens on signal if at least four hours notice is given. From
November 1, through December 22, the draw opens on signal from 7 a.m.
to 3 p.m. From 3 p.m. to 7 a.m., the draw opens on signal if at least
four hours notice is given. From December 23, through May 19, the draw
opens on signal if at least 24 hours notice is given. Alternate routes
are available.
Data provided by LDOTD show that from January 1, through December
31, 1997, the number of vessels that passed the bridge totaled 803.
Between January 1, and May 20, the bridge opened a total of 13 times
for the passage of vessels. Due to the limited number of openings,
LDOTD requested an increase in notification from four hours to 24 hours
between December 23, and May 19. Between May 20, and October 31, the
bridge open 682 times for the passage of vessels. Between November 1,
and December 31, the bridge opened 108 times for the passage of
vessels. Of the 803 openings, 579 occurred between the
[[Page 40654]]
hours of 7 a.m. and 7 p.m. and 224 occurred between the hours of 7 p.m.
and 7 a.m. Due to the limited openings at night, LDOTD has requested
that the 4-hour notification, used at other times during the year, be
extended to include night time hours during shrimp season. These
changes provide savings to the taxpayer and still serve the reasonable
needs of navigation. Alternate routes are available at all times. They
are the Calcasieu Ship Channel, the Intracoastal Canal and the Salt
Ditch.
Discussion of Comments
One letter was received in reference to the change. The National
Marine Fisheries Service stated that the change to the special
operation regulation does not adversely impact marine fishery
resources.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. It
has not been reviewed by the Office of Management and Budget under that
Order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979).
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule has a significant economic
impact on a substantial number of small entities. ``Small entities''
include (1) small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and (2) governmental jurisdictions with populations of less that
50,000.
The rule also considered the needs of local commercial fishing
vessels and the economic impact is expected to be minimal. Therefore,
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.
Collection of Information
This rule does not provide for a collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism Assessment
The Coast Guard analyzed this rule under the principals and
criteria contained in Executive Order 12612 and determined that this
rulemaking does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this rule
and concluded that under Figure 2-1, CE #32 (e) of the NEPA
Implementing Procedures COMDINST M16475.IC, this rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard amends
Part 117 of Title 33, Code of Federal Regulations, 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 105
Stat. 5039.
2. Section 117.459 is revised to read as follows:
Sec. 117.459 Kelso Bayou.
The draw of the S27 bridge mile 0.7 at Hackberry, shall operate as
follows:
(a) From May 20, through October 31, the draw shall open on signal
from 7 a.m. to 7 p.m. From 7 p.m. to 7 a.m., the draw shall open on
signal if at least four hours notice is given.
(b) From November 1 through December 22, the draw shall open on
signal from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m., the draw shall open
on signal if at least four hours notice is given.
(c) From December 23 through May 19, the draw shall open on signal
if at least 24 hours notice is given.
Dated: July 16, 1998.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 98-20387 Filed 7-29-98; 8:45 am]
BILLING CODE 4910-15-M
