[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Rules and Regulations]
[Pages 31981-31982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15049]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD8-96-049]
RIN 2115-AE47


Drawbridge Operations Regulation; Back Bay of Biloxi, MS

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: On February 9, 1999, the Coast Guard published an interim rule 
to change the drawbridge operating regulation for the Popps Ferry Road 
bascule span bridge across the Back Bay of Biloxi, mile 8.0, at Biloxi, 
Harrison County, Mississippi. The interim rule permitted the draw of 
the bridge 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. This schedule facilitates the movement of vehicular traffic 
crossing the bridge during peak rush hour traffic periods. The Coast 
Guard is adopting the interim rule as final without change.

DATES: This final rule becomes effective on July 15, 1999.

ADDRESSES: 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, room 1313 
between 7 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. The Commander, Eighth Coast Guard District, Bridge 
Administration Branch maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration 
Branch, (504) 589-2965.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On February 9, 1999, the Coast Guard published an interim rule in 
(64 FR 6220) to change the drawbridge operating regulation for the 
Popps Ferry Road bascule span bridge across the Back Bay of Biloxi, 
mile 8.0, at Biloxi, Harrison County, Mississippi. The interim rule 
permitted the draw of the bridge 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.
    The schedule in the interim rule facilitates the movement of 
vehicular traffic crossing the bridge during peak rush hour traffic 
periods which has increased significantly during recent years. Because 
the Popps Ferry Road Bridge bisects the City of Biloxi, 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 rule allows 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

[[Page 31982]]

the proposal were primarily based on the previous poor condition of the 
bridge that 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.
    Four letters were received in response to the supplemental notice 
of proposed rulemaking. Some of the comments objected to the mid-day 
closed period because it would interfere with coal deliveries to the 
Power Company.
    The Coast Guard agreed that the change would 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 was published as an interim rule 
to allow the public to comment on the change before the final rule was 
issued.
    One letter was received in response to the interim rule. An 
individual motorist suggested that the draw of the bridge remain closed 
to navigation weekdays from 7 a.m. to 8:30 a.m. and from 3:30 p.m. 
until 5 p.m. instead of from 7:30 a.m. to 9 a.m. and from 4:30 to 6 
p.m. as proposed. Based on data originally provided by the Harrison 
County Board of Supervisors, the Coast Guard does not feel that this 
suggested change would enhance the movement of vehicular traffic to any 
greater degree than the change as proposed. Since no other comments or 
objections to the interim rule or the initial implementation of the new 
schedule were received, the Coast Guard is adopting the interim rule 
without change.

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 final 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 final 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 final 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 have determined that 
this final 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 final 
rule and concluded that under Figure 2-1, paragraph 32(e) of Commandant 
Instruction M16475.1C, this final rule is categorical 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.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    Accordingly, the interim rule amending 33 CFR Part 117 which was 
published in 64 FR 6220 on February 9, 1999, is adopted as a final rule 
without change.

    Dated: May 25, 1999.
A.L. Gerfin, Jr.,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 99-15049 Filed 6-14-99; 8:45 am]
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