[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