Drawbridge Operation Regulation; Back Bay of Biloxi, MS

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGDO8-96-049]

RIN 2115-AE47

Drawbridge Operation Regulation; Back Bay of Biloxi, MS

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: At the request of the Harrison County Board of Supervisors,

the Coast Guard is proposing a change to the regulation governing the

operation of the bascule span Popps Ferry Bridge across the Back Bay of

Biloxi, mile 8.0, in Biloxi, Harrison County, Mississippi. Presently,

the draw of the bridge is required to open on signal at all times. This

action would relieve vehicular traffic congestion on the bridge during

peak rush hour periods, while still providing for the reasonable needs

of navigation.

DATES: Comments must be received on or before January 21, 1997.

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

Guard District, 501 Magazine Street, New Orleans, Louisiana 70130-3396,

or may be delivered to Room 1313 at the same address between 8:00 a.m.

and 3:00 p.m., Monday through Friday, except Federal holidays. The

telephone number is (504) 589-2965.

FOR FURTHER INFORMATION CONTACT: Mr. John Wachter, 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 for 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 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

communications received and determine a course of final action on this

proposal. The proposed regulation may be changed in the light of

comments received.

Discussion of Proposed Rule

The present regulation requires that the draw of the bridge open on

signal at all times. The Harrison County Board of Supervisors has

requested that the draw be permitted to remain closed to navigation

from 7:30 a.m. to 9 a.m., 11:30 a.m. to 1:30 p.m. and from 4:30 p.m. to

6 p.m., Monday through Friday, except Federal holidays, because

vehicular traffic crossing the bridge during these peak rush hour

traffic periods has increased dramatically during recent years and

bridge openings at these times paralyze vehicular traffic movement,

since the City of Biloxi is bisected by the Popps Ferry Bridge. This is

the only route available to mid-city commuters without an extremely

long detour to cross one of the two other bridges that connect the City

of Biloxi. The new proposed regulation would allow for free flow of

vehicular traffic, while still serving the reasonable needs of

navigational interests.

The Popps Ferry bridge is a double leaf bascule span structure.

Navigational clearances provided by the bridge are 25 feet vertical

above mean high water in the closed to navigation position and

unlimited in the open to navigation position. Horizontal clearance is

180 feet. Navigation on the waterway consists of tugs with tows,

fishing vessels and recreational craft. Data provided by the Harrison

County Board of Supervisors show that from May 1994 through May 1995,

the number of vessels that passed the bridge during the proposed 7:30

to 9 a.m. closure period averaged 0.4 vessels per day, the number of

vessels that passed the bridge during the proposed 11:30 a.m. to 1:30

p.m. closure period averaged 0.5 vessels per day and the number of

vessels that passed the bridge during the proposed 4:30 to 6 p.m.

closure period averaged 0.4 vessels per day. Vehicular traffic that

crosses the bridge during the proposed closure period of 7:30 to 9 a.m.

averages 268 vehicles per day. From 11:30 a.m. to 1:30 p.m., 860

vehicles cross the bridge per day and from 4:30 to 6 p.m., 540 vehicles

cross the bridge per day. These vehicular traffic averages were taken

over a recent period of eleven weekdays. Vessel traffic through this

bridge remains relatively constant, while vehicular traffic is

increasing slowly but steadily as development in the area occurs.

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 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 proposal to be

so minimal that a full Regulatory Evaluation under paragraph 10(e) 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 or 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)

[[Page 59048]]

governmental jurisdictions with populations of less than 50,000.

The proposed rule considers the needs of local commercial fishing

vessels, as the study of vessels passing the bridge included such

commercial vessels. These local commercial fishing vessels will

continue to be able to pass the bridge in the early morning, early

afternoon and evening hours. Thus, the economic impact is expected to

be minimal. Therefore, 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 117.675 is amended by adding a new paragraph (c) to read

as follows:

Sec. 117.675 Back Bay of Biloxi.

* * * * *

(c) The draw of the Popps Ferry Road bridge, mile 8.0, at Biloxi,

shall open on signal except that, from 7:30 to 9 a.m., from 11:30 a.m.

to 1:30 p.m. and from 4:30 to 6 p.m. Monday through Friday except

Federal holidays, the draw need not be opened for passage of vessels.

The draw shall open at any time for a vessel in distress.

Dated: October 25, 1996.

T.W. Josiah,

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

[FR Doc. 96-29686 Filed 11-19-96; 8:45 am]

BILLING CODE 4910-14-M