Drawbridge Operating Regulation; Back Bay of Biloxi, MS

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 08-98-014]

Drawbridge Operating Regulation; Back Bay of Biloxi, MS

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is temporarily changing the regulation

governing the operation of the bascule spans of the Popps Ferry Road

Bridge across the Back Bay of Biloxi, mile 8.0, in Biloxi, Harrison

County, Mississippi. From April 13, 1998 through August 10, 1998

operation of the draw will be limited to one span at a time during

daylight hours, and the horizontal clearance will be restricted at

night. This action is necessary to allow for cleaning and painting of

the bascule spans, an extensive but necessary maintenance operation.

DATES: This rule is effective from 6 a.m. on April 13, 1998 through 8

p.m. on August 10, 1998.

ADDRESSES: Unless otherwise indicated, documents referred to in this

notice are available for inspection or copying at the office of the

Eighth Coast Guard District, Bridge Administration Branch, Hale Boggs

Federal Building, room 1313, 501 Magazine Street, New Orleans,

Louisiana 70130-3396 between 7 a.m. and 4 p.m., Monday through Friday,

except Federal holidays. The telephone number is (504) 589-2965. The

Bridge Administration Branch of the Eighth Coast Guard District

maintains the public docket for this temporary rule.

FOR FURTHER INFORMATION CONTACT:

Mr. Phil Johnson, Bridge Administration Branch, telephone number 504-

589-2965.

SUPPLEMENTARY INFORMATION: The Coast Guard was not notified of the

dates of the work in time to issue a notice of proposed rulemaking. The

deteriorated condition of the bridge warrants the closures so that

remedial work can be accomplished. For the same reason, good cause

exists to make this temporary rule effective in less than 30 days after

publication.

Background and Purpose

The bascule spans of the Popps Ferry Road Bridge across the Back

Bay of Biloxi near Biloxi, Mississippi provide a vertical clearance of

25 feet above mean high water in the closed-to-navigation position and

unlimited clearance in the open-to-navigation position. Horizontal

clearance between bascule span tips is 178 feet with both bascule spans

open and 89 feet with only one bascule span open. Since the U.S. Army

Corps of Engineers navigation project channel is 150 feet wide,

horizontal clearance with only one span open will be approximately 75

feet within the navigation channel. Navigation on the waterway consists

of tugs with tows, fishing vessels, sailing vessels, and other

recreational craft.

The Harrison County Board of Supervisors sent a letter to the Coast

Guard requesting this temporary rule so that the bascule spans can be

cleaned and painted. The equipment used for this procedure has to be

removed each time the draw span is opened, a process which is time

consuming and costly. To allow the contractor to maximize work time,

one span needs to remain continuously closed during the daylight hours

of 6 a.m. to 8 p.m. daily. While both spans of the bridge will operate

normally from 8 p.m. to 6 a.m. daily, a work barge will remain under

the bascule span being serviced, reducing the available horizontal

clearance through the bridge to approximately 108 feet. The actual

available width within the navigation channel will be reduced to

approximately 94 feet. Between the hours of 8 p.m. to 6 a.m. the barge

will be cleared from the channel only for vessels which require greater

than 108 feet of horizontal clearance, or greater than 94 feet within

the channel limits, for safe passage if at least 10 hours notice is

given. The short term inconvenience, attributable to a restriction of

vessel traffic to a horizontal clearance of 89 feet during daylight

hours or 75 feet within the navigation channel and 108 feet at night or

94 feet within the navigation channel for a maximum of 120 days, is

outweighed by the long term benefits to be gained by keeping the bridge

spans free of corrosion and in proper working condition. This work is

essential for the continued operation of the draw spans.

Regulatory Evaluation

This temporary 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 temporary rule

to be so minimal that a full Regulatory evaluation under paragraph 10e

of the regulatory policies and procedures of DOT is unnecessary. This

is because the number of vessels affected by the reduced horizontal

clearance is minimal. All commercial fishing vessels and all single-

wide tows which normally transit the bridge will still be able to

transit the bridge with one leaf open during daylight hours and during

nighttime hours when both spans will open to navigation and the

horizontal clearance reduced to only 108 feet and only 94 feet within

the navigation channel limits. At all times during this period, tugs

with double wide or triple wide tows will be required to break down

their tows in order to transit the bridge during the times when only

one span opens. These vessels may transit without reconfiguring tows at

night, provided at least 10 hours notice is given, so that the

construction barge can be removed.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this temporary 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 fields and (2) governmental jurisdictions with

populations of less than 50,000.

Local commercial fishing vessels will be able to pass the bridge

with one bascule span open during the day and both spans open at night

with 108 feet of horizontal clearance, 94 feet horizontal clearance

within the navigation channel limits. Thus, the Coast Guard expects

there to be no economic impact on these vessels. The Coast Guard is not

aware of any other waterway users who would suffer economic hardship

from being unable to transit the waterway during this period.

Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this

temporary rule, will not have a significant economic impact on a

substantial number of small entities.

[[Page 16906]]

In accordance with section 213(a) of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard

wants to assist small entities in understanding this temporary rule so

that they can better evaluate its effects on them and participate in

the rulemaking process. If your small business or organization is

affected by this rule and you have questions concerning its provisions

or options for compliance, please contact Mr. Phil Johnson, Bridge

Administration Branch, at the address given above, telephone (504) 589-

2965.

Collection of Information

This temporary rule 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 under the principles and

criteria contained in Executive Order 12612, and it has been determined

that this rule does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment. The authority to

regulate the permits of bridges over the navigable waterways of the

United States belongs to the Coast Guard by Federal Statutes.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that under paragraph 2.B.2 of Commandant Instruction

M16475.1C, this temporary rule is categorically excluded from further

environmentally documentation. A ``Categorically 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 is

amending Part 117 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; and 33 CFR 1.05-1(g);

section 117.255 also issued under the authority of Pub. L. 102-587,

106 Stat. 5039.

2. Effective April 13, 1998 through August 10, 1998, Sec. 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, shall open

on signal except as follows:

(1) The south span need not open for the passage of vessels from 6

a.m. until 8 p.m. daily from April 13, 1998, through June 12, 1998.

(2) The north span need not open for the passage of vessels from 6

a.m. until 8 p.m. daily from June 13, 1998, through August 10, 1998.

(3)(i) From April 13, 1998, through August 10, 1998, from 8 p.m. to

6 a.m. daily, both spans will be open on signal, but navigation through

the bridge will be restricted to a horizontal clearance of 108 feet and

94 to feet within the navigation channel limits by the presence of

construction equipment associated with bridge maintenance.

(ii) Vessels requiring greater than 108 feet of horizontal

clearance of greater than 94 feet horizontal clearance within the

navigation channel limits must provide 10 hours notice for an

unrestricted passage between the hours of 8 p.m. to 6 a.m.

(4) In the event of an approaching tropical storm or hurricane, the

bridge will be returned to normal operation within 24 hours of

notification by the Coast Guard.

Dated: April 1, 1998.

T.W. Josiah,

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

[FR Doc. 98-9090 Filed 4-6-98; 8:45 am]

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