[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Proposed Rules]
[Pages 9406-9407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5174]


-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD08-96-056]
RIN 2115-AE47


Drawbridge Operation Regulation; Industrial Seaway Canal, MS

agency: Coast Guard, DOT.

action: Notice of proposed rulemaking.

-----------------------------------------------------------------------

summary: The Coast Guard is considering a change to 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. Growing industry and 
commercial retail development in the area over the past few years has 
increased vehicular traffic on Lorraine-Cowan Road. As a result, 
traffic has become unreasonably delayed during bridge openings that 
occur when local residents are enroute to work and school. This change 
in drawbridge operating regulations would provide relief for congested 
vehicular traffic during these periods and still provide for the 
reasonable needs of navigation. Mariners would have the benefit of one 
less closure period of the bridge to marine traffic per day than occurs 
under present operating regulations.

dates: Comments must be received on or before May 2, 1997.

addresses: Comments should be mailed to Commander (ob), Eighth Coast

[[Page 9407]]

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.

for further information contact: Mr. Phil Johnson, 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 is determined that the opportunity 
for oral presentations will aid in the implementation of 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 
comments received and determine a course of final action of this 
proposal. The proposed regulation may be changed in the light of 
comments received.

Drafting Information

    The drafters of this regulation are Mr. Phil Johnson, project 
officer, and LCDR Jim Wilson, project attorney.

Discussion of Proposed Rules

    Vertical clearance of the Lorraine-Cowan Road bridge across the 
Industrial Seaway Canal in the closed to navigation position is 29 feet 
above mean high water and 31 feet above mean low water. Navigation on 
the waterway consists of tugs with tows, commercial fishing vessels and 
recreational craft.
    Data submitted by the Harrison County Board of supervisors shows 
that, based on five weekdays in a one week period, from Monday, October 
7, 1996 through Friday, October 11, 1996, the average number of 
vehicles which crossed the bridge from 6:30 a.m. to 8:30 a.m. was 2,527 
per day. The average number of vehicles which crossed the bridge on 
weekdays from 4:30 p.m. to 6 p.m. was 2,300 per day. Data taken over a 
12 month period from October 1, 1995 through September 30, 1996 shows 
that the total number of vessels which required an opening of the 
bridge on weekdays between 6:30 a.m. and 8:30 a.m. was 97 vessels. The 
total number of vessels requiring an opening of the bridge on weekdays 
between the hours of 4:30 p.m. and 6 p.m. was 33 vessels.
    Reduced to a monthly rate, the above data reflects the fact that on 
average, 50,540 vehicles cross and 8 vessels pass each month during the 
morning period and 46,000 vehicles cross and 3 vessels pass each month 
during the afternoon period.
    Considering the few vessels that pass the bridge during the 
proposed regulated periods, and the fact that the proposal includes 
discontinuance of 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.

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 the order. It has 
not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory polices 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 businesses 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. 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.g(5). 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.

    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); 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: February 3, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-5174 Filed 2-28-97; 8:45 am]
BILLING CODE 4910-14-M