[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Proposed Rules]
[Pages 59047-59048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29686]
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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.
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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