[Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24527]


[[Page Unknown]]

[Federal Register: October 4, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-94-028]
RIN 2115-AE47

 

Drawbridge Operation Regulation; Kelso Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Louisiana Department of Transportation 
and Development (LDOTD), the Coast Guard is considering a change to 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 proposed regulation would require that from about May 25 
(the beginning of the shrimping season as set by the state yearly), 
until October 31, the bridge open on signal from 7 a.m. to 7 p.m. and 
open on 4-hours notice from 7 p.m. to 7 a.m. Then from November 1, 
through December 22, the draw would open on signal from 7 a.m. to 3 
p.m. and from 3 p.m. to 7 a.m. open on 4-hours notice. From December 
22, until about May 25, the draw would open on 24-hours notice. 
Presently, the bridge opens on signal from about May 25, until December 
22. From December 22, until about May 25 the draw opens on 4-hours 
notice. Alternate routes are available.
    This action would provide relief to the bridge owner and still 
provide for the reasonable needs of navigation.

DATES:  Comments must be received on or before December 5, 1994.

ADDRESSES: Comments should be mailed to Commander (ob), Eighth Coast 
Guard District, 501 Magazine Street, New Orleans, Louisiana 70130-3396, 
or may be delivered to room 1313 at the same address between 8 a.m. and 
3 p.m., Monday through Friday, except Federal holidays. The telephone 
number is (504) 589-2965.

FOR FURTHER INFORMATION CONTACT:
Mr. John Watcher, Bridge Administration Branch, at the address given 
above, telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested parties are invited to participate in the proposed 
rulemaking by submitting written views, comments, or arguments. Persons 
submitting comments should include their names and addresses, identify 
the bridge and give reasons for concurrence with or any recommended 
change in this proposal. Persons desiring acknowledgment that their 
comments have been received should enclose a stamped, self-addressed 
postcard or envelope.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Eighth Coast Guard District at the 
address under ADDRESSES. The request should include reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.
    The Commander, Eighth Coast Guard District, will evaluate all 
communications received and determine a course of final action on this 
proposal. The proposed regulation may be changed in the light of 
comments received.

Drafting Information

    The drafters of this regulation are Mr. John Wachter, project 
officer, and LT Elisa Holland, project attorney.

Background and Purpose

    LDOTD has requested the new proposed regulation because of a 
decline in vessel traffic that passes the Kelso Bayou bridge at 
Hackberry, during certain times of the year. The new proposed 
regulation would allow the bridge owner relief from having a person 
available at the bridge site during the periods that vessel traffic is 
less frequent. This proposed new regulation would create a savings to 
the taxpayer while still serving the reasonable needs of navigational 
interest.

Discussion of Proposed Rules

    The Kelso Bayou bridge is a 406 foot 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 50.0 feet. Navigation on the waterway consists 
of mainly small and large fishing boats, with occasional small oil 
field work boats. Data provided by LDOTD show that from January 1, 
through December 31, the number of vessels that passed the bridge 
totaled 740 for the year. This breaks down to about 61.6 vessels per 
month or 2.0 vessels per 24-hour period. Alternate routes are 
available. They are the Calcasieu Ship Channel, the Intracoastal Canal 
and the salt ditch.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential cost 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 proposal 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 must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include (1) small business and 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 than 50,000.
    Since the proposed rule also considers the needs of local 
commercial fishing vessels; the economic impact is expected to be 
minimal. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this proposal, if adopted, will not have a significant economic 
impact on a substantial number of small entities.

Collection of Information

    This proposal contains no collection-of-information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Implications

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under paragraph 2.B.2. of Commandant 
Instruction M16475.1B, this proposal 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.

Proposed Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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).

    2. Section 117.459 is revised to read as follows:


117.459  Kelso Bayou.

    The draw of the S27 bridge mile 0.7 at Hackerry, shall open on 
signal from 7 a.m. to 7 p.m. and open on 4 hours notice from 7 p.m. to 
7 a.m. from about May 25 (the beginning of shrimp season as set by the 
state yearly), until October 31. Then from November 1 through December 
22, the draw shall open on signal from 7 a.m. to 3 p.m. and from 3 p.m. 
to 7 a.m. the draw shall open on 4 hours notice. From December 22 until 
about May 25 the draw shall open on 24 hours notice.

    Dated: September 20, 1994.
R.C. North,
Rear Admiral, U.S. Coast Guard, Commander, Eight Coast Guard District.
[FR Doc. 94-24527 Filed 10-3-94; 8:45 am]
BILLING CODE 4910-14-M