[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Proposed Rules]
[Pages 18350-18351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9928]


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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: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing 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 change will require 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 would provide relief to the bridge owner and still 
provide for the reasonable needs of navigation.

DATES: Comments must be received on or before June 15, 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:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this proposed rulemaking by submitting written data, views, or 
arguments. Persons submitting comments should include their names and 
addresses, identify this rulemaking (CGD08 94-028) and the specific 
section of this document to which each comment applies, and give the 
reason for each comment. Please submit all comments and attachments in 
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    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 the 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.

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 prior to opening the 
bridge. The proposed requirement was as follows:
    a. From about May 25 (the beginning of shrimp season as set by the 
state yearly), until October 31, the bridge would open on signal from 7 
a.m. to 7 p.m. and open on four hours notice from 7 p.m. to 7 a.m.
    b. 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 four 
hours notice.
    c. From December 22, until about May 25, the draw would open on 24 
hours notice.
    Presently the bridge opens on signal from May 25, until December 
22. Alternate routes are available.
    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 has closed completely. The Louisiana Department of 
Transportation and Development (LDOTD) has resubmitted a proposal 
requesting a new operating schedule.

[[Page 18351]]

Background and Purpose

    LDOTD has 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 proposed rule would allow the bridge 
owner relief from having a person available at the bridge site during 
the periods when vessel traffic is less frequent. This proposed rule 
would create a savings to the taxpayer while still serving the 
reasonable needs of navigational interests.

Discussion of Supplemental Proposed Rule

    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.
    The proposed regulation would require that from May 20, until 
October 31, the draw would open on signal from 7 a.m. until 7 p.m. From 
7 p.m. until 7 a.m., the draw would open on signal if at least four 
hours notice is given. From November 1, through December 22, the draw 
would open on signal from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m., the 
draw would open on signal if at least four hours notice is given. From 
December 23, until May 19, the draw would open 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 has 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 opened 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 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 would 
provide a 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 Intercostal Canal and the Salt Ditch.

Regulatory Evaluation

    This proposed 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 proposed 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 considers whether this proposed rule, if adopted, will have 
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 than 50,000.
    The proposed rule also considers 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 
proposed rule, if adopted, will not have a significant economic impact 
on a substantial number of small entities. If, however, you think that 
your business or organization qualifies as a small entity and that this 
proposed rule will have a significant economic impact on your business 
or organization, please submit a comment (see ADDRESSES) explaining why 
you think you qualify and in what way and to what degree this proposed 
rule will economically affect you.

Collection of Information

    The proposed 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 has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
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 
proposed rule and concluded that under Figure 2-1, CE #32(e) of the 
NEPA Implementing Procedures, COMDINST M16475.IC, this proposed rule is 
categorically excluded from further environmental documentation.

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); 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, until 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 until May 19, the draw shall open on signal if 
at least 24 hours notice is given.

    Dated: March 18, 1998.
A.L. Gerfin, Jr.,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist., Acting.
[FR Doc. 98-9928 Filed 4-14-98; 8:45 am]
BILLING CODE 4910-15-M