[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Rules and Regulations]
[Pages 59025-59026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29690]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD11-90-03]
RIN-2115-A47
Drawbridge Operation Regulations; Cerritos Channel, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: At the request of the Port of Los Angeles, the Coast Guard is
temporarily changing the regulation for operation of the Henry Ford
Avenue Railroad Bridge (Ford Bridge), across Cerritos Channel of Los
Angeles/Long Beach Harbor, mile 4.8, Long Beach, California, to
authorize it to remain in the closed to navigation position for 5
months, from February 1 to June 30, 1997. This action is necessary both
to facilitate reconstruction of the bridge and to avoid disrupting
essential rail service during reconstruction. If, due to the state of
construction, passage through the draw becomes temporarily possible
during the effective period, the Coast Guard will publish that fact in
the Local Notice to Mariners.
EFFECTIVE DATE: This temporary final rule will be effective from
February 1 through June 30, 1997.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of
Commander (Pow), Eleventh Coast Guard District, Building 50-6, Coast
Guard Island, Alameda, CA 94501-5100 between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. The telephone number is (510)
437-3514. Commander (Pow) maintains the public docket for this
rulemaking.
FOR FURTHER INFORMATION CONTACT:
Susan Worden, Bridge Administrator, Eleventh Coast Guard District, at
(510) 437-3514.
SUPPLEMENTARY INFORMATION:
Regulatory History
On August 28, 1990, the Coast Guard published a notice of proposed
rulemaking (NPRM) in the Federal Register (55 FR 35154). The NPRM
discussed a six and one-half month closure during efforts to
rehabilitate the historic bridge. On July 8, 1996, the Coast Guard
published a supplemental notice of proposed rulemaking (SNPRM) in the
Federal Register (61 FR 35702). The SNPRM responded to all comments
submitted in response to the NPRM and discussed a five month closure
during efforts to replace portions of the bridge and to reconstruct
other portions. The comment period established in the SNPRM ended on
August 7, 1996. The Coast Guard received no comments on the proposal
discussed in the SNPRM. A public hearing was not requested and no
hearing was held.
Drafting Information
The principal persons involved in drafting this regulation are
Susan Worden, Project Manager, Eleventh Coast Guard District, and
Lieutenant (junior grade) Martin Sarch, Project Attorney, Maintenance &
Logistics Command Pacific Legal Division.
Background and Purpose
At the request of the Port of Los Angeles, the Coast Guard is
temporarily changing the regulation for operation of the Ford Bridge at
mile 4.8, Los Cerritos Channel, in the Los Angeles/Long Beach Harbor.
The Ford Bridge, also known as the Badger Avenue Bridge, provides the
only rail access to Terminal Island. It crosses a waterway used by
oceangoing cargo ships, tugs and barges, tour boats, commercial fishing
vessels, and recreational boats. Existing regulations require the
bridge to remain fully open except for the passage of trains or for
maintenance.
The bridge is over 70 years old and no longer meets California
seismic standards or Federal Railroad Administration clearance
standards. Interruption or delay of rail and water traffic is likely if
the existing bridge were either to malfunction or to be damaged by
seismic activity. In 1995, the Coast Guard issued a permit to replace
the bridge. Replacement cannot be accomplished without closing the
bridge span for a period of five months. Closure of the bridge will
require maritime traffic to use an alternate route through the outer
harbor. Detours of 5 miles are expected; maximum detours of 10 miles
may be experienced. The short term costs attributable to these detours
are outweighed by the long-term benefits to be gained by the
installation of a new bridge likely to provide uninterrupted rail
service and timely, reliable openings for waterborne traffic for many
years.
This temporary rule authorizes a five month (150 day) closure of
the bridge. This action is necessary both to facilitate replacement of
the span and reconstruction of the bridge support towers, as well as to
avoid disrupting essential rail service during reconstruction. The
SNPRM advertised a closure beginning in November 1996, however,
construction is behind schedule and the closure is now scheduled to
begin February 1, 1997. In the event that passage through the draw
becomes temporarily possible during the effective period
notwithstanding construction efforts, the Coast Guard will publish that
fact in the Local Notice to Mariners.
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 costs and benefits under section 6(a)(3) of that Order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the Department of
Transportation Regulatory Policies and Procedures (44 FR 11040,
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be approximately $1 million to waterway users (to detour around
the work site) and $2.5 million to the bridge owner (to expedite work).
These figures are below the threshold levels requiring a formal
Regulatory Evaluation. The draft economic analysis published with the
NPRM was superseded by a more detailed economic analysis in the
Environmental Impact Statement, which is available in the docket for
inspection or copying where indicated under ADDRESSES.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard
[[Page 59026]]
must consider whether this 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. The estimated cost to each recreational mariner affected by
this regulation is less than $100. The estimated cost per ``small
business'' towing company for personnel hours and fuel consumption
during detours is less than $100,000. Because the impact of this
proposal is expected to be limited and of relatively short duration,
the Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this rule will not have a
significant impact on a substantial number of small entities.
Collection of Information
This 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 has determined that
this rule does not raise sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
rule. The Coast Guard prepared an Environmental Impact Statement (EIS)
for the replacement of this historic bridge. The EIS analyzed the
environmental and economic impact of this 5 month bridge closure. The
draft Environmental Assessment published with the NPRM has been
superseded by the sore detailed environmental analysis in the EIS,
which is available in the docket for inspection or copying where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulation
For the reasons set out in the preamble, the Coast Guard is
amending 33 CFR Part 117 as follows:
PART 117--[AMENDED]
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. 102-587, 106
Stat. 5039.
Sec. 117.147 [Amended]
2. Effective February 1, 1997 through June 30, 1997, Sec. 117.147
is amended by suspending paragraph (b) and adding a new paragraph (c)
to read as follows:
Sec. 117.147 Cerritos Channel
* * * * *
(c) During the period February 1, 1997 through June 30, 1997, the
bridge will be undergoing reconstruction and the draw need not open for
the passage of vessels.
Dated: October 28, 1996.
R.T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 96-29690 Filed 11-19-96; 8:45 am]
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