[Federal Register Volume 62, Number 112 (Wednesday, June 11, 1997)]
[Rules and Regulations]
[Pages 31723-31724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15284]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CG11-90-03]
RIN-2115-A47


Drawbridge Operation Regulations; Cerritos Channel, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; change of effective date.

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

SUMMARY: At the request of the Port of Los Angeles, the Coast Guard is 
temporarily extending the effective date for the temporary change to 
the regulation for operation of the Henry Ford Avenue Railroad Bridge 
(Ford Bridge), across Cerritos Channel of Los Angeles/Long Beach, mile 
4.8 Long Beach, California to authorize it to remain in the closed to 
navigation position for an additional period from July 1 to October 2, 
1997. The action is necessary both to facilitate reconstruction of the 
bridge and to avoid disrupting essential rail service during 
reconstruction. The closure period was most recently established as 
February 1 to June 30, 1997; however, the project has been delayed, and 
the closure actually began on May 6, 1997.

EFFECTIVE DATES: This temporary final rule is effective from June 30 
through October 2, 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, 
(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) concerning 
closure of the Henry Ford Avenue Railroad Bridge (Ford Bridge), across 
Cerritos Channel of Los Angeles/Long Beach, mile 4.8 Long Beach, 
California, for rehabilitation. On July 8, 1996, the Coast Guard 
published a supplemental notice of proposed rulemaking (SNPRM) in the 
Federal Register (61 FR 35702) concerning closure of the bridge for 
replacement. On November 20, 1996 the Coast Guard published a Temporary 
Final Rule in the Federal Register (61 FR 59025) changing the bridge 
operation regulation, allowing closure during replacement. On May 6, 
1997, the Captain of the Port issued a safety zone (COTP Los Angeles-
Long Beach, CA; 97-002; 33 CFR Sec. 165.T11-057) prohibiting general 
navigation in a defined regulated area around the bridge during 
replacement.

Background and Purpose

    At the request of the Port of Los Angeles, the Coast Guard is 
extending the closure period for the Ford Bridge replacement project 
because the project is behind schedule. 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. 
The permanent regulations governing its operation 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 extends the effective date of the previously 
issued temporary rule authorizing a five month (150 day) closure of the 
bridge. Closure for 5 months 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. Due to construction delays, the temporary final rule established 
the change in operating regulation effective February 1, 1997. 
Additional construction delays were experienced and actual closure of 
the span did not begin until May 6, 1997, necessitating this extension 
of the effective period.

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 previously calculated the expected 
economic impact of this rule to be approximately $1 million to 
waterways users (to detour around the work site) and $2.5 million to 
the bridge owner (to expedite work). Although the current extension may 
cause these figures to be elevated, the Coast Guard estimates that they 
remain below the threshold levels requiring a formal Regulatory 
Evaluation. (Since the original figures contemplate detours around the 
work site, the additional economic impact of the safety zone is 
marginal.) 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 must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include (1) small

[[Page 31724]]

businesses and not-for-profit organizations that are independently 
owned and operated and are not dominant in their fields and (2) 
governmental jurisdictions with population of less than 50,000. The 
estimated cost to each recreational mariner affected by this extended 
regulation and the safety zone is less than $100. The estimated cost 
per ``small business'' towing company for personnel hours and fuel 
consumption during detours remains 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 for 
the replacement of this historic bridge. The EIS analyzed the 
environmental and economic impact of a 5 month bridge closure. The 
draft Environmental Assessment published with the NPRM has been 
superseded by the more detailed environmental analysis in the Final 
EIS, which is available in the docket for inspection of 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 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. L. 102-587, 
106 Stat. 5039.


Sec. 117.147  [Amended]

    2. Effective June 30, 1997 through October 2, 1997, Sec. 117.147 is 
amended by suspending paragraph (b) and revising paragraph (c) to read 
as follows:


Sec. 117.147  Cerritos Channel

* * * * *
    (c) During the period June 30, 1997 through October 2, 1997, the 
bridge will be undergoing reconstruction and the draw need not open for 
the passage of vessels.

    Dated: May 29, 1997.
J.C. Card,
Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 97-15284 Filed 6-10-97; 8:45 am]
BILLING CODE 4910-14-M