Drawbridge Operation Regulation; Back Bay of Biloxi, MS

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD8-96-049]

RIN 2115-AE47

Drawbridge Operation Regulation; Back Bay of Biloxi, MS

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is changing the regulation governing the

operation of the Popps Ferry Road bascule span bridge across the Back

Bay of Biloxi, mile 8.0, at Biloxi, Harrison County, Mississippi. This

final rule permits the draw to remain closed to navigation from 7:30

a.m. to 9 a.m. and from 4:30 p.m. to 6 p.m., Monday through Friday,

except Federal holidays. Presently, the draw opens on signal at all

times.

DATES: This rule becomes effective on March 11, 1999. Comments must be

received by May 10, 1999.

ADDRESSES: You may mail comments to Commander (ob), Eighth Coast Guard

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

deliver them to room 1313 at the same address between 8 a.m. and 3

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

The Commander, Eighth Coast Guard District, Bridge Administration

Branch maintains the public docket for this rulemaking. Comments and

documents as indicated in this preamble will become part of this docket

and will be available for inspection or copying at the address given

above, between 8 a.m. and 3 p.m., Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Philip R. Johnson, Bridge

Administration Branch, (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Requests for Comments

The Coast Guard encourages interested parties to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD 08-96-049) and the specific section of

this document to which each comment applies, and give the reason for

each comment. Please submit all comments and attachments in an unbound

format, no larger that 8\1/2\ by 11 inches, suitable for copying and

electronic filing. Persons wanting acknowledgment of receipt of

comments should enclose stamped, self-addressed postcards or envelopes.

The Coast Guard will consider all comments received during the

comment period and may revise this rule before making it final.

Background and Purpose

The Coast Guard is changing the operation of the Popps Ferry Road

bascule span bridge across the Back Bay of Biloxi, mile 8.0, at Biloxi,

Harrison County, Mississippi. Navigation on the waterway consists of

tugs with tows, commercial fishing vessels and occasional recreational

craft. Vehicular traffic crossing the bridge during peak rush hour

traffic periods has increased significantly during recent years.

Additionally, since the City of Biloxi is bisected by the Popps Ferry

Road Bridge, openings of the draw span, during rush hour traffic

periods, paralyze vehicular traffic movement. This is the only route

available to mid-city commuters without taking a 15-mile detour. This

change will allow for the free flow of vehicular traffic while still

meeting the reasonable needs of navigation.

The Coast Guard published a notice of proposed rulemaking on

November 20, 1996 (61 FR 59047). The proposed rule would have permitted

the draw 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.

Comments prompted the Coast Guard to reevaluate the proposal.

Objections to the proposal were primarily based on the previous poor

condition of the bridge which had resulted in only one bascule leaf

being operable, thereby restricting navigation to daytime transits

only. After the bridge had been restored to its fully operable

condition, the Coast Guard published a supplemental notice of proposed

rulemaking on September 23, 1998 (63 FR 50821). The supplemental notice

of proposed rulemaking proposed the same schedule, but was published so

that interested parties could have another opportunity to comment on

the proposed change before a final decision was made.

[[Page 6221]]

Four letters were received in response to the supplemental notice

of proposed rulemaking. One letter from the Mayor of the City of

Biloxi, expressed support for the proposed rule. Two letters from

towing companies expressed opposition to the proposal, stating that the

times during which the bridge would be closed to navigation would

severely hamper coal deliveries to the Mississippi Power Company

electric power plant, during peak load periods. A letter from the

Mississippi Power Company also stated that the restricted openings of

the bridge would hinder deliveries of coal to the electric power plant

during peak load periods. Also in that letter, Mississippi Power

Company requested a meeting for all interested parties to discuss

alternatives to the proposal and to seek a compromise. In response to

this request, the Harrison County Board of Supervisors contacted each

party who responded to the supplementary notice of proposed rulemaking

and arranged a meeting on December 10, 1998 at the Harrison County

Board of Supervisors Building in Biloxi, Mississippi. The towing

companies and the Mississippi Power Company agreed that deleting the

proposed mid-day closure of 11:30 a.m. to 1:30 p.m. Mondays through

Fridays except Federal holidays would cause fewer concerns about coal

deliveries.

The Coast Guard agrees that the change to the proposed rule will be

less disruptive to coal deliveries to the power plant and that the two

remaining closure periods in the morning and afternoon will provide

relief for vehicular traffic during rush hours. This change is being

published as an interim rule to make the changed schedule effective and

to allow the public to comment on the schedule before the Coast Guard

issues its final rule. The Coast Guard will consider all comments

received and may revise this rule before making it final.

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 10(e) of the

regulatory policies and procedures of DOT is unnecessary. This is

because the number of vessels impaired during the proposed closed-to-

navigation periods is minimal. Commercial fishing vessels and tugs with

tows still have ample opportunity to transit this waterway before and

after the peak vehicular traffic periods as is their customary

practice.

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 small businesses, not-for-profit organizations

that are independently owned and operated and are not dominant in their

fields and governmental jurisdictions with populations of less than

50,000.

This 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 still have the

ability to pass the bridge in the early morning, early afternoon and

evening hours. Thus, the economic impact is expected to be minimal.

Additionally, there is no indication that other waterway users would

suffer and type of economic hardship if they are precluded from

transiting the waterway during the hours that the draw is scheduled to

remain in the closed-to-navigation position. Therefore, the Coast Guard

certifies under 5 U.S.C. 605(b) that this rule will not have a

significant economic impact on a substantial number of small entities.

If, however, you think that your business or organization qualifies as

a small entity and that this final rule will have a significant impact

on your business or organization, please submit a comment (see

ADDRESSES) explaining why you think it qualifies and in what way and to

what degree this final rule will economically affect it.

Collection of Information

This rule does not provide for a collection of information under

the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612 and has determined that

this rule does not have sufficient implications for federalism to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that under Figure 2-1, paragraph 32(e) of Commandant

Instruction M16475.1C, this final rule 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 is

amending 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. Add Sec. 117.675(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 a.m. to 9 a.m. and from

4:30 p.m. 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: January 26, 1999.

A.L. Gerfin, Jr.,

Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.

[FR Doc. 99-3132 Filed 2-8-99; 8:45 am]

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