[Federal Register Volume 64, Number 196 (Tuesday, October 12, 1999)]
[Proposed Rules]
[Pages 55218-55220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26530]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 11-99-011]
RIN 2115-AE47


Drawbridge Operation Regulation: Henry Ford Avenue Bridge, 
Cerritos Channel, Long Beach, CA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of Port of Los Angeles, the Coast Guard 
proposes to change the operating regulations for the Henry Ford Avenue 
Railroad Bridge across Cerritos Channel, mile 4.8, of Los Angeles/Long 
Beach Harbor, at Long Beach, California. The proposal would amend the 
existing operating regulations to require that the bridge open upon 
demand. The current regulation for the bridge, also known as the Badger 
Avenue Bridge, specifies that the bridge remain in the open to 
navigation position except for the passage of trains or maintenance.

DATES: Comments must be received on or before December 13, 1999.

ADDRESSES: Comments may be mailed or hand-delivered to: Commander 
(oan), Eleventh Coast Guard District, Bldg. 50-6, Coast Guard Island, 
Alameda, CA 94501-5100. Comments may also be faxed to: (510) 437-5836. 
Comments may be e-mailed to: [email protected]. Comments may be 
delivered to the above address between 6:30 a.m. and 4:00 p.m. Monday 
through Friday except Federal holidays.
    The Commander, Eleventh Coast Guard District maintains the public 
docket for this rulemaking. Comments will become part of this docket 
and will be available for inspection or copying at the address above.

FOR FURTHER INFORMATION CONTACT: Susan Worden, Bridge Administrator, at 
the address above. Her telephone number is (510) 437-3461.

SUPPLEMENTARY INFORMATION:

Requests for Comments

    The Coast Guard encourages interested persons to participate in 
this proposed rulemaking by submitting written data, views, or 
arguments for or against the proposed change. Persons submitting 
comments should identify this rulemaking (CGD 11-99-011) and the 
specific section of this document to which each comment applies. Give 
the reason for each comment. Please submit all comments and attachments 
in an

[[Page 55219]]

unbound format, no larger than 8\1/2\  x  11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose a stamped, self addressed postcard 
or envelope. All comments and other materials referenced in this notice 
will be available for inspection and copying at the Coast Guard address 
given above. Normal office hours are between 6:30 a.m. and 4:00 p.m., 
Monday through Friday, except holidays. The Coast Guard plans no public 
hearing. Persons may request a public hearing by writing to the Coast 
Guard including the reasons why a hearing would be beneficial. If it is 
determined that the opportunity for oral presentations will aid in this 
rulemaking, the Coast Guard will hold a public hearing at time and 
place announced by a later notice in the Federal Register.
    The proposed regulation may be changed in light of comments 
received. All comments received before the expiration of the comment 
period will be considered before final action is taken on the NPRM.

Background and Purpose

    The Ford Avenue Railroad Bridge is a vertical-lift, double track, 
railroad bridge constructed in 1997. It provides vertical clearance of 
9 feet above Mean High Water (14 feet above Mean Lower Low Water) in 
the lowered position and 165 feet above MHW in the raised position. It 
provides horizontal clearance of 180 feet between fenders. The waterway 
is a connecting channel in the Los Angeles/Long Beach Harbor complex 
and is used by oceangoing cargo ships, tugs and barges, tour boats, 
commercial fishing vessels and recreational boats. This action is 
proposed because there has been an increase in train traffic and the 
additional raising and lowering of the bridge is increasing wear and 
tear on the machinery. This regulation change should: reduce wear and 
tear on the machinery and maintenance expense for the owner. It should 
also reduce maintenance closures and enhance the operational readiness 
of the bridge; thus should provide for the reasonable needs of 
navigation.

Discussion of Proposed Regulation

    The Port of Los Angeles has requested that the Coast Guard make 
this change to reduce wear and tear on the bridge and better facilitate 
the increasing train traffic. The bridge provides the only rail access 
to Terminal Island.
    Prior to construction of the new bridge, the average number of 
daily train crossings was 3. That average number is currently 17.3 and 
will increase substantially as new port facilities, now under 
construction on Terminal Island, are completed.
    The adjacent Schuyler Heim vertical-lift bridge has a different 
operating regulation, because of the differences in clearance of the 
bridges in the closed position, and the differences in overland 
traffic. The Heim Bridge provides 37.5 feet vertical clearance above 
MHW in the closed position, vice 9 feet for the Ford Bridge. The Heim 
Bridge has morning and afternoon commute hour closures to facilitate 
the movement of vehicle commute traffic. The bridges have different 
opening signals because some vessels need only one of the bridges 
opened for safe passage.
    Although the precise number of vessel transits requiring openings 
of the Ford Bridge is unknown, it is estimated that, initially, the 
bridge will open about as often for vessels as it now closes for 
trains. Train traffic is expected to increase appreciably in the 
future, thus the new operating method is expected to reduce wear and 
tear on the machinery. Vessel traffic is expected to remain relatively 
constant.

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 (DOT) (44 FR 11040, 
February 26, 1979). The proposal changes the way the bridge will be 
operated, but provides for openings upon demand for vessels not able to 
pass under the closed bridge. The Coast Guard expects the impact of 
this rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT 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 small businesses and not-for-profit 
organizations that are not dominant in their respective fields, and 
governmental jurisdictions with populations less than 50,000. For the 
same reasons set forth in the Regulatory Evaluation, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this proposal, if adopted, is not 
expected to have a significant economic impact on any substantial 
number of entities, regardless of their size.

Assistance for Small Entities

    In accordance with Sec. 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this proposed rule so 
that they can better evaluate its effects on them and participate in 
the rule making process. If your small business or organization is 
affected by this rule and you have questions concerning its provisions 
or options for compliance, please contact Susan Worden, Coast Guard 
Bridge Section, Alameda office at the address listed in ADDRESSES.

Collection of Information

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

Environmental Assessment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under Commandant Instruction M16475.1C, 
Figure 2-1, paragraph 32(e), this proposal is categorically excluded 
from further environmental documentation, because it is a Bridge 
Administration Program action involving the promulgation of operating 
requirements or procedures for a drawbridge.

Unfunded Mandates

    Under the Unfunded Mandates Reform Act of 1995 (Pub L. 104-4), the 
Coast Guard must consider whether this proposed rule will result in an 
annual expenditure by state, local, and tribal governments, in the 
aggregate of $100 million (adjusted annually for inflation). If so, the 
Act requires that a reasonable number of regulatory alternatives be 
considered, and that from those alternatives, the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objective of the rule be selected.
    No state, local or tribal government entities will be affected by 
this rule, so this rule will not result in annual or

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aggregate costs of $100 million or more. Therefore, the Coast Guard is 
exempt from any further regulatory requirements under the Unfunded 
Mandates Act.

Other Executive Orders on the Regulatory Process

    In addition to the statutes and Executive Orders already addressed 
in this preamble, the Coast Guard considered the following executive 
orders in developing this rule and reached the following conclusions:
    E.O 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights. This Rule will not effect a 
taking of private property or otherwise have taking implications under 
this Order.
    E.O. 12875, Enhancing the Intergovernmental Partnership. This Rule 
will not impose, on any State, local, or tribal government, a mandate 
that is not required by statute and that is not funded by the Federal 
government.
    E.O. 12988, Civil Justice Reform. This Rule meets applicable 
standards in section 3(a) and 3(b)(2) of this Order to minimize 
litigation, eliminate ambiguity, and reduce burden.
    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks. This Rule is not an economically significant rule and 
does not concern an environmental risk to safety disproportionately 
affecting children.

List of Subjects in 33 CFR Part 117

    Bridges.

Proposed Regulation

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend Part 117 of Title 33, Code of Federal Regulations 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.

    2. Section 117.147(b) is revised to read as follows:


Sec. 117.147  Cerritos Channel.

* * * * *
    (b) The opening signal for the draw of the Henry Ford Avenue 
railroad bridge, mile 4.8 at Long Beach, is two short blasts followed 
by one prolonged blast. The acknowledging signal is two short blasts 
followed by one prolonged blast when the draw will open immediately and 
five short blasts when the draw will not open immediately. Channel 13 
(156.65 MHz) or other assigned frequencies may be used.

    Dated: September 22, 1999.
T.H. Collins,
Vice Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard 
District.
[FR Doc. 99-26530 Filed 10-8-99; 8:45 am]
BILLING CODE 4910-15-P