Drawbridge Operation Regulation; Industrial Seaway Canal, Mississippi

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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