[Federal Register Volume 62, Number 112 (Wednesday, June 11, 1997)]
[Rules and Regulations]
[Pages 31722-31723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15286]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-96-056]
RIN 2115-AE47


Drawbridge Operation Regulation; Industrial Seaway Canal, 
Mississippi

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulation governing the 
operation of the double leaf bascule span drawbridge on Lorraine-Cowan 
Road, across the Industrial Seaway Canal, mile 11.3, near Handsboro, 
Harrison County, Mississippi. The new operating schedule allows the 
draw to remain closed to navigation from 6:30 a.m. to 8:30 a.m. and 
from 4:30 p.m. to 6 p.m., Monday through Friday, except Federal 
holidays. The new schedule will provide relief for congested vehicular 
traffic during these periods and still provide for the reasonable needs 
of navigation.

DATES: This regulation becomes effective on July 11, 1997.

FOR FURTHER INFORMATION CONTACT:
Mr. Phil Johnson, Bridge Administration Branch, Eighth Coast Guard 
District, telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION: .

Regulatory History

    The Coast Guard published a notice of proposed rulemaking on March 
3, 1997 (62 FR 9408). No comments were received in response to the 
proposed rule. No public hearing was requested and none was held.

Discussion of the Rule

    Growing industry and commercial retail development in the area over 
the past few years has increased vehicular traffic on Lorraine-Cowan 
Road. The traffic has become unreasonably delayed during bridge 
openings in the mornings and afternoons when local residents are 
enroute to work and school.
    Data submitted by the Harrison County Board of Supervisors showed 
that, on average, 50,540 vehicles cross and 8 vessels pass each month 
during the morning from 6:30 a.m. to 8:30 a.m. and 46,000 vehicles 
cross and 3 vessels pass each month during the afternoon from 4:30 p.m. 
to 6 p.m. The notice of proposed rulemaking proposed to allow the 
bridge to remain closed during these time periods. No comments were 
received on the notice of proposed rulemaking. Few vessels pass the 
bride during the bridge closure periods and the revised schedule 
discontinues the one-hour noon closure. Vessel operators will be able 
to adjust their arrival times at the bridge to avoid the temporary 
closure periods with very little inconvenience or added expense. The 
Coast Guard is, therefore, revising the draw opening schedule as 
proposed.

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 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 
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 must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field and (2) governmental jurisdictions with 
populations of less than 50,000. A public notice was issued, requesting 
comments or objections to this proposed rule, specifying how the 
proposed rule would create a hardship on the objector's method of 
operation. The public notice was mailed to a list of all business 
owners and operators which are located on the Industrial Seaway Canal. 
No letters of objection were received from any of the businesses. 
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
rulemaking will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

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

Federalism

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

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under paragraph 2.B.2.g(5) of Commandant 
Instruction M16475.1B, this rulemaking is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' has been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    In consideration of the foregoing, part 117 of title 33, Code of 
Federal Regulations, is amended as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:


[[Page 31723]]


    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, 106 
Stat. 5039.

    2. Section 117.680 is revised to read as follows:


Sec. 117.680  Industrial Seaway Canal.

    The draw of the Lorraine-Cowan Road Bridge across the Industrial 
Seaway Canal, mile 11.3, need not be opened from 6:30 a.m. to 8:30 a.m. 
and from 4:30 p.m. to 6 p.m., Monday through Friday, except Federal 
holidays.

    Dated: May 21, 1997.
Paul J. Prokop,
Captain, U.S. Coast Guard, Commander, Eighth Coast Guard District, 
Acting.
[FR Doc. 97-15286 Filed 6-10-97; 8:45 am]
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