[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]
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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.
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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
