[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Rules and Regulations]
[Pages 16905-16906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9090]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-15-M