[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