[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Proposed Rules]
[Pages 50821-50823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25463]
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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: Notice of supplemental proposed rulemaking.
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SUMMARY: The Coast Guard proposes a change to the regulation governing
the operation of the bascule span Popps Ferry Road Bridge across the
Back Bay of Biloxi, mile 8.0, in Biloxi, Harrison County, Mississippi.
This supplemental proposal is the result of comments on the notice of
proposed rulemaking. The proposal would permit 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.
DATES: Comments must be received on or before November 23, 1998.
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. Phil Johnson, Bridge
Administration Branch, at the address given above, telephone (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 two copies of 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. It may change this proposed rule in view of the
comments.
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 the 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.
Background and Purpose
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.
[[Page 50822]]
and from 4:30 p.m. to 6 p.m., Monday through Friday, except Federal
holidays.
Comments received prompted the Coast Guard to reevaluate the
proposal. Nine letters were received in response to the public notice.
National Marine Fisheries stated in one letter that the proposal would
not adversely affect fishery resources and offered neither support nor
objection. One letter did not object to nor support the proposal, but
suggested a change to the times in the proposed rule. Four letters were
in opposition to the proposed rule for certain specific reasons as
follows: one letter of objection stated that there is no safe area for
a towboat and barges to wait for the opening; the second letter was
from a paving company which stated that the regulation would severely
restrict its raw material shipments, causing work delays and ultimately
increasing costs; the third letter was from a construction company,
stating that delays in shipments of materials would increase operating
costs; the fourth letter from another construction company stated that
costs of delays of towboats to construction sites would be significant.
Three other letters stated opposition to the proposal based on the
previous poor condition of the bridge which restricted transits to
daylight hours. Obsolete, worn-out components of the lift mechanism
often limited operation of the bridge to one bascule span which
significantly reduced the width of the waterway. During periods when
only one bascule span was operable, vessel traffic was only able to
transit the bridge during daylight hours for safety reasons. Thus, the
proposed rule would have more severely limited the times that vessels
could have passed through the bridge. Additionally, tugs with double-
wide tows had to break down into single-wide tows to transit the
restricted opening of the bridge. It is believed that this condition
prompted a significant portion of objections from waterway users. The
operating machinery of the bridge has recently been replaced and the
bridge is now fully operational. Therefore, the bridge is operated 24
hours per day, and waterway users may now safely transit the bridge at
night. The Coast Guard believes that interested parties should have
another opportunity to comment on the proposed change before a decision
is made.
Discussion of Proposed Rule
The Coast Guard is considering changing the regulation governing
the operation of the Popps Ferry Road bridge across the Back Bay of
Biloxi, mile 8.0, in Biloxi, Harrison County, Mississippi to permit 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. Presently, the draw of the bridge opens on
signal. The proposed regulation would allow for the free flow of
vehicular traffic, while still serving the reasonable needs of
navigational interests.
The drawbridge is a double leaf bascule span structure. Vertical
clearance of the bridge is 24 feet above mean high water in the closed-
to-navigation position and unlimited to the open-to-navigational
position. Horizontal clearance is 180 feet. Navigation on the waterway
consists of tugs with tows, commercial fishing vessels and 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 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 via Interstate 10 East
to Interstate 110 South, thence U.S. 90 west to Popps Ferry Road on the
south side of the Back Bay of Biloxi.
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 a.m. to 9 a.m. closure period averaged
0.4 vessels daily, 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 daily and the number of vessels that passed the bridge during
the proposed 4:30 p.m. to 6 p.m. closure period averaged 0.4 vessels
daily. Vehicular traffic that crosses the bridge during the proposed
closure period of 7:30 a.m. to 9 a.m. average approximately 268 daily;
from 11:30 a.m. to 1:30 p.m., 860 daily and from 4:30 p.m. to 6 p.m.
540 daily. While vessel traffic through this bridge remains relatively
constant, vehicular traffic is steadily increasing as development in
the area occurs. This change in drawbridge operating regulations will
provide relief for congested vehicular traffic during these periods
while still providing for the reasonable needs of navigation.
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. This is
because the number of vessels impaired during the proposed closed-to-
navigation periods is minimal. Commercial fishing vessels 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 proposal, if adopted, 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.
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 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 any 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 proposed
rule, if adopted, 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
proposed 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 proposed
rule will economically affect it.
Collection of Information
This proposed rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
[[Page 50823]]
Federalism
The Coast Guard has analyzed this proposed rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this proposed rule does not have sufficient
implications for federalism to warrant the preparation of a Federalism
Assessment. The authority to regulate the permits of bridges over the
navigable waters of the U.S. belongs to the Coast Guard by Federal
statutes.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that under Figure 2-1, paragraph 32(e) of
Commandant Instruction M16475.1C, this proposed 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 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. 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., from 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, the draw need not be opened for passage of
vessels. The draw shall open at any time for a vessel in distress.
Dated: September 14, 1998.
A.L. Gerfin, Jr.,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard
District.
[FR Doc. 98-25463 Filed 9-22-98; 8:45 am]
BILLING CODE 4910-15-M
