Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 /Rules and Regulations 40653

2. A temporary section, § 100.35–T05–

063 is added to read as follows:

§ 100.35–T05–063 Prospect Bay, Maryland.

(a) Definitions.

(1) Regulated area. The waters of

Prospect Bay, between Kent Island and

Hog Island enclosed by:

Latitude Longitude

38°57′52.0′′ North 76°14′48.0′′ West, to

38°58′02.0′′ North 76°15′05.0′′ West, to

38°57′38.0′′ North 76°15′29.0′′ West, to

38°57′28.0′′ North 76°15′23.0′′ West, to

38°57′52.0′′ North 76°14′48.0′′ West

[Datum: NAD 1983]

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Activities Baltimore.

(b) Special local regulations. (1) All

persons and/or vessels not authorized as

participants or official patrol vessels are

considered spectators. The ‘‘official

patrol’’ consists of any Coast Guard,

public, state, county or local law

enforcement vessels assigned and/or

approved by Commander, Coast Guard

Activities Baltimore.

(2) Except for persons or vessels

authorized by the Coast Guard Patrol

Commander, no person or vessel may

enter or remain in the regulated area.

(3) The operator of any vessel in this

area shall:

(i) Stop the vessel immediately when

directed to do so by any official patrol,

including any commissioned, warrant,

or petty officer on board a vessel

displaying a Coast Guard ensign.

(ii) Proceed as directed by any official

patrol, including any commissioned,

warrant, or petty officer on board a

vessel displaying a Coast Guard ensign.

(c) Effective dates. This section is

effective from 12 p.m. EDT (Eastern

Daylight Time) to 6 p.m. EDT on August

1 and 2, 1998.

Dated: July 14, 1998.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 98–20418 Filed 7–29–98; 8:45 am]

BILLING CODE 4910–15–M

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.

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
40654 Federal Register / Vol. 63, No. 146 /Thursday, July 30, 1998 /Rules and Regulations

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:

§ 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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD11–98–015]

RIN 2115–AE47

Drawbridge Operation Regulations;

Three Mile Slough, Sacramento

County, CA, State of California

Department of Transportation State

Route 160 Highway Bridge

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: Notice is hereby given that

the Coast Guard has issued a temporary

deviation to the regulations governing

the opening of the State of California

Department of Transportation (Caltrans)

vertical lift bridge over Three Mile

Slough near Rio Vista, CA. The

deviation specifies that the bridge need

not open for vessels from 9:00 a.m. until

5:00 p.m. August 19, 1998. The purpose

of the deviation is to allow Caltrans and

its contractors to electrically test the

main power cables. The work requires

that the bridge remain closed for 8 hours

to complete the testing.

DATES: Effective period of the deviation

is 9:00 a.m.–5:00 p.m. August 19, 1998.

FOR FURTHER INFORMATION CONTACT:

Mr. Jerry Olmes, Bridge Administrator,

Eleventh Coast Guard District, Building

50–6 Coast Guard Island, Alameda, CA

94501–5100, telephone (510) 437–3515.

SUPPLEMENTARY INFORMATION: The Coast

Guard anticipates that the economic

consequences of this deviation will be

minimal. With adequate Local Notice to

Mariners and Broadcast Notice to

Mariners notification, commercial

vessel operators should have ample time

to plan their transits accordingly. This

deviation from the normal operating

regulations in 33 CFR 117.5 is

authorized in accordance with the

provisions of 33 CFR 117.35.

Dated: July 9, 1998.

R.D. Sirois,

Acting Captain, U.S. Coast Guard

Commander, Eleventh Coast Guard District

Acting.

[FR Doc. 98–20386 Filed 7–29–98; 8:45 am]

BILLING CODE 4910–15–M