[Federal Register Volume 62, Number 102 (Wednesday, May 28, 1997)]
[Rules and Regulations]
[Pages 28804-28805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13837]





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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach, CA; 97-002]
RIN 2115-AA97


Safety Zone; San Pedro Bay, CA, Cerritos Channel

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of the United States in San Pedro Bay within the 
Cerritos Channel near the Henry Ford (Badger Avenue) Railroad Bridge, 
from 6 a.m. PDT on Monday, May 5, 1997 to 12 p.m. PDT on Thursday, 
October, 2, 1997.
    This regulation is needed to restrict vessel traffic in the 
regulated area due to construction operations on the Henry Ford Bridge 
involving the addition of new bridge towers and replacement of its 
movable spans. For construction purposes, the bridge will need to be in 
the closed (down) position, effectively closing the Cerritos Channel in 
the vicinity of the bridge to navigation and leaving only nine (9) feet 
of vertical clearance available over Mean High Water. This regulation 
prohibits general navigation in the regulated area until the bridge 
renovation is completed; upon completion, it will become a lift bridge, 
allowing for general vessel navigation, except to allow a train to 
cross or for maintenance purposes.

EFFECTIVE DATES: This regulation is effective from 6:00 a.m. PDT on 
Monday, May 5, 1997 to 12:00 p.m. PDT on Thursday, October 21, 1997 
unless cancelled earlier by the Captain of the Port.

ADDRESSES: Marine Safety Office/Group Los Angeles-Long Beach, 165 N. 
Pico Ave., Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Lieutenant Keith T. Whiteman, Chief, 
Port Safety and Security Division, Marine Safety Office/Group Los 
Angeles-Long Beach at (562) 980-4454.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days after Federal Register publication. 
Publication of a notice of proposed rulemaking and delay of its 
effective date would be contrary to the public interest since the 
details of the Henry Ford (Badger Avenue) Railroad Bridge construction 
were not finalized until a date fewer than 30 days prior to the event 
date.
    Drafting Information: The drafters of this regulation are 
Lieutenant (junior grade) Kevin M. Nagata, Project Officer, Marine 
Safety Office/Group Los Angeles-Long Beach, CA and Lieutenant Kevin 
Bruen, Project Attorney, Maintenance and Logistics Command Pacific 
Legal Division.

Discussion of Regulation

    The renovation of the existing Henry Ford (Badger Avenue) Railroad 
Bridge located in the San Pedro Bay Cerritos Channel from a drawbridge 
into a lift-type bridge similar to the adjacent Commodore Heim Bridge 
has an estimated timetable of 150 calendar days. During this time 
period. the Henry Ford Bridge will need to be in the closed (or down) 
position in order to install new bridge towers and replace movable 
spans, effectively closing down the channel to vessel navigation. The 
period of channel closure will last from May 5, 1997 to October 2, 1997 
unless cancelled earlier by the Captain of the Port. The bridge, which 
is the only rail connection to Terminal Island, is currently under 
construction and several short-term modifications of the drawbridge 
regulation have already been authorized to facilitate piledriving and 
cofferdam installation among other operations. The bridge replacement 
requires significant channel adjacent to the bridge. In most cases it 
would be unsafe or impractical to have vessels transiting this area 
during the construction period.
    Vessels desiring to transit through the Cerritos Channel in the 
vicinity of the Henry Ford Bridge during the period of the safety zone 
will need to use an alternate route via the outer harbor or outside the 
Federal Breakwater. These alternate routes, although longer, should 
accommodate the reasonable needs of navigation.

Regulatory Evaluation

    This regulation 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 
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 regulation to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of the Department of Transportation is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal 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. Due to the short duration of the 
safety zone and the availability of alternate routes, the Coast Guard 
expects the impact of this regulation to be minimal and certifies under 
section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
that this final rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This regulation 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 regulation under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

[[Page 28805]]

Environmental Assessment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that under paragraph 2.B.2 of Commandant 
Instruction M16475.1B it will have no significant environmental impact 
and it is categorically excluded from further environmental 
documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways. Regulation: 
In consideration of the foregoing, is amended as follows:
    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A temporary Sec. 165.T11-057 is added to read as follows:


Sec. 165.T11-057  Safety Zone: San Pedro Bay, CA, Cerritos Channel

    (a) Location. The following area is a safety zone: in the navigable 
waters in the Cerritos Channel of the Port of Long Beach, CA near the 
Henry Ford (Badger Avenue) Railroad Bridge, in an area more 
particularly described in follows: beginning at point 33 deg.-46'01'' 
N, 118 deg.-14'25.5'' W; thence east-northeast along the northern 
boundary of the Cerritos Channel to point 33 deg.-46'02'' N, 
118 deg.14'22.5'' W; thence south to point 33 deg.45'54'' N, 118 deg.-
14'22'' W; thence west-northwest along the southern boundary of the 
Cerritos Channel to point 33 deg.-45'55'' N, 118 deg.-14'25'' W; thence 
north to the point of beginning.
    (b) Effective Dates. This regulation is effective from 6:00 A.M. 
PDT on Monday, May 5, 1997 to 12:00 P.M. PDT on Thursday, October 2, 
1997 unless cancelled earlier by the Captain of the Port.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into, transit through, or anchoring 
within this zone is prohibited unless authorized by the Captain of the 
Port.

    Dated: May 5, 1997.
E.E. Page,
Coast Guard, Captain of the Port, Los Angeles-Long Beach, California.
[FR Doc. 97-13837 Filed 5-27-97; 8:45 am]
BILLING CODE 4910-14-M