Drawbridge Operation Regulation; Kelso Bayou, LA

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]

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