9406 Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Proposed Rules

Regulatory Evaluation

This proposal is not a major

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 been

exempted from review 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 proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary. The proposed regulations

would last for only 5 hours on May 11,

1997.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small Entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632).

The Coast Guard expects the

economic impact of this proposal to be

minimal, and certifies under 5 U.S.C.

605(b) that this proposal, if adopted,

would not have a significant impact on

a substantial number of small entities.

The regulated area would be in effect for

only 5 hours in a limited area of

Charleston harbor.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.)

Federalism

The Coast Guard has analyzed this

proposal in accordance with the

principals and criteria contained in

Executive Order 12612 and has

determined that this proposal does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environmental Assessment

The Coast Guard has reviewed this

action and it has been determined to be

categorically excluded from further

environmental documentation in

accordance with section 2.B.2(34)(h) of

Commandant Instruction M16475.1B. A

written Categorical Exclusion

Determination will be prepared and

included as part of the final rule.

List of Subjects in 33 CFR Part 1009

Marine safety, Navigation (water),

Reporting and record keeping

requirements, Waterways.

Proposed Regulations

In consideration of the foregoing, the

Coast Guard proposes to amend Part 100

of Title 33, Code of Federal Regulations,

as follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46.

2. A new section 100.725 is added to

read as follows:

§ 100.725 Charleston to Bermuda Sailboat

Race; Charleston Harbor, Charleston, SC.

(a) Definitions:

(1) Regulated area. The regulated area

includes all waters of Charleston

Harbor, Charleston, SC and the Atlantic

Ocean within the following points:

Point Latitude Longitude

A ....... 32°47′06′′

N.

079°55′25′′ W, then to

B ....... 32°47′06′′

N.

079°55′05′′ W, then to

C ....... 32°46′00′′

N.

079°55′00′′ W, then to

D ....... 32°45′41′′

N.

079°54′37′′ W, then to

E ....... 32°45′41′′

N.

079°51′54′′ W, then to

F ....... 32°44′30′′

N.

079°50′35′′ W, then to

G ...... 32°43′24′′

N.

079°48′16′′ W, then to

H ....... 32°43′02′′

N.

079°48′30′′ W, then to

I ........ 32°44′14′′

N.

079°50′51′′ W, then to

J ....... 32°45′25′′

N.

079°52′04′′ W, then to

K ....... 32°45′25′′

N.

079°55′00′′ W, then to

L ....... 32°45′41′′

N.

079°55′22′′ W, thence

back to point A.

All coordinates referenced use datum:

NAD 83.

(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 Group Charleston, SC.

(b) Special local regulations. (1) No

person or vessel may enter, transit, or

remain in the regulated area unless

participating in the event or authorized

by the Coast Guard Patrol Commander.

(2) The Coast Guard Patrol

Commander may delay, modify, or

cancel the race as conditions or

circumstances require. The Coast Guard

Patrol Commander shall monitor the

start of the race with the race

committee, to allow for a window of

opportunity for the race participants to

depart the harbor with minimal

interference with inbound or outbound

commercial traffic.

(3) Spectator and other nonparticipating vessels may follow the

participants out to sea while

maintaining a minimum distance of 500

yards behind the last participant, at the

discretion of the Patrol Commander.

Upon the transit of the last race

participant past the outermost boundary

of the Charleston jetties, all vessels may

resume normal operations.

(c) Effective Date. This section is

effective at 10 a.m. and terminates at 3

p.m. EDT on May 11, 1997.

Dated: February 20, 1997.

J.W. Lockwood,

Rear Admiral, U.S. Coast Guard, Commander,

Seventh Coast Guard District.

[FR Doc. 97–5066 Filed 2–28–97; 8:45 am]

BILLING CODE 4910–14–M

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 LorraineCowan 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
Federal Register / Vol. 62, No. 41 / Monday, March 3, 1997 / Proposed Rules 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, selfaddressed 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 LorraineCowan 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 collectionof-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:

§ 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