[Federal Register Volume 64, Number 26 (Tuesday, February 9, 1999)]
[Rules and Regulations]
[Pages 6220-6221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3132]
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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]
BILLING CODE 4910-15-M
