[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]
BILLING CODE 4910-14-M
