[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]
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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.
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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
