Drawbridge operations: California,
[Federal Register: October 12, 1999 (Volume 64, Number 196)]
[Proposed Rules]
[Page 55218-55220]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc99-42]
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.
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: sworden@d11.uscg.mil. 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
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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]
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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.
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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. 99-26530Filed10-8-99; 8:45 am]
BILLING CODE 4910-15-P
