Drawbridge Operation Regulations; Cerritos Channel, CA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 11-90-03]

RIN-2115-AE47

Drawbridge Operation Regulations; Cerritos Channel, CA

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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

SUMMARY: At the request of the Port of Los Angeles, the Coast Guard is

proposing a temporary change to the regulations for the Henry Ford

Avenue Railroad Bridge (Ford Bridge), across Cerritos Channel of Los

Angeles/Long Beach Harbor, mile 4.8, at Long Beach, California, to

authorize a five month (150 day) closure of the bridge to replace the

movable span and erect the support towers. The proposed closure would

start November 7, 1996 and conclude on April 7, 1997. If these dates

change, the actual 5 month closure dates will be advertised in the

Local Notice to Mariners. The bridge, also known as the Badger Avenue

Bridge, currently remains open to navigation except for the passage of

trains. This proposal is being made because the bridge needs to be

replaced to preserve rail access to Terminal Island and to insure

reliable service to vessel traffic.

DATES: Comments must be received on or before August 7, 1996.

ADDRESSES: Comments may be mailed to Commander (oan-br), Eleventh Coast

Guard District, Building 50-6, Coast Guard Island, Alameda, CA 94501-

5100, or may be delivered to the same address between 7 a.m. and 4

p.m., Monday through Friday, except Federal holidays. The telephone

number is number is (510) 437-3514. Commander (oan-br) maintains the

public docket for this rulemaking. Comments will become part of this

docket and will be available for inspection or copying at Bldg. 10,

Room 214, Coast Guard Island, Alameda.

FOR FURTHER INFORMATION CONTACT: Susan Worden, Bridge Section, Eleventh

Coast Guard District, at (501) 437-3461.

SUPPLEMENTARY INFORMATION:

Request for Additional Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD 11-90-03) and the specific section of

this proposal to which each comment applies, and give the reason for

each comment. Persons wanting acknowledgement of receipt of comments

should enclose a stamped, self-addressed postcard or envelope. Comments

previously submitted have been entered into the record and need not be

resubmitted.

The Commander, Eleventh Coast Guard district will evaluate all

communications received and determine a final course of action on this

proposal. The proposed regulations may be changed in light of the

comments received.

The Cost Guard plans no public hearing, but one may be held if

written requests for a hearing are received, and it is determined that

the opportunity to make oral presentations will add to the rulemaking

process.

Discussion of the Proposal

Regulatory History

This supplements a Notice of Proposed Rulemaking dated August 28,

1990 (55 FR 35154), which discussed a six and one-half month closure of

the bridge draw for bridge rehabilitation, from February 1, 1991

through August 15, 1991. The Ford Bridge provides the only rail access

to port facilities on Terminal Island. The bridge is over 70 years old

and no longer meets California seismic standards or Federal Railroad

Administration clearance standards. The bridge owner determined that

the bridge could not be rehabilitated economically, and in 1993 applied

for a permit to replace the bridge. In 1995, the Coast Guard issued a

permit for its replacement. The new bridge is currently under

construction, and it is anticipated that the work can be accomplished

with a slightly shorter closure period. Since more than five years has

elapsed since the publication of the NPRM, an additional opportunity

for public comment is being provided. The four comments received on the

previous NPRM will be considered part of the record.

The Notice of Proposed Rulemaking (NPRM) in 1990 was for the

earlier plan to rehabilitate the bridge, a plan that is no longer

feasible. That NPRM, which involved a slightly longer closure,

generated only four comments: Pacific Towing Company requested one leaf

operation of the bridge; Jacobson Pilot Service requested the closure

period to be kept to a minimum; Dow Chemical expressed concern about

land access during construction; and the Port of Long Beach wrote

supporting the proposal.

Because of the change from rehabilitation to reconstruction, it is

not possible to have the bridge in partial service during the

construction of the towers and lift span for which the closure is

necessary. The Coast Guard has reviewed the construction plans and

determined that the proposed closure is the shortest feasible time

period consistent with safety and good engineering practice. The bridge

construction will only cause brief interruptions to rail service or

land access to nearby facilities.

The revised bridge plan has been advertised in the Federal Register

on three occasions: a Notice of Intent to prepare an Environmental

Impact Statement (EIS) (58 F.R. 28087); a Notice of Availability of the

Draft EIS (59 F.R. 6639); and a Notice of Availability of the final EIS

(59 F.R. 60631).

The circulation of the Coast Guard Environmental Impact Statement

for the Ford Bridge Replacement Project provided additional

opportunities for public comment on the bridge closure. No comments

were received addressing the closure. Because the revised plan has been

advertised extensively and no opposition has thus far been expressed,

the Coast Guard for good cause believes that a 30 day comment period is

adequate to solicit any remaining comments on this supplemental notice

of proposed rulemaking.

Current Proposal

The Port of Los Angeles has requested the bridge span closure to

allow them to safely construct the replacement bridge. The proposed

closure of the span would start November 7, 1996, and conclude on April

7, 1997. If these dates change, the actual 5 month closure dates will

be advertised in the Local Notice to Mariners.

The Ford Avenue Railroad Bridge provides vertical clearance of 14

feet above Mean Lower Low Water (9 feet above Mean High Water) when

closed. 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,

[[Page 35703]]

commercial fishing vessels and recreational boats. The alternate route

past the bridge site is through the outer harbor, with a maximum detour

of 10 miles.

Regulatory Evaluation

This proposal is not a significant regulatory action under Section

3(f) of Executive Order 12866 and does not require an assessment of

costs under section 6(a)(3) of that order. It has not been reviewed 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 draft regulatory

evaluation prepared for the NPRM has been superceded by the economic

analysis in the Coast Guard Final Environmental Impact Statement (FEIS)

for the Ford Bridge Replacement dated November 25, 1994. A copy of the

FEIS has been placed in the rulemaking docket, and may be inspected and

copied at the address listed under ADDRESSES.

Replacement of the existing bridge was determined to be the most

feasible and prudent alternative. This replacement cannot be

accomplished without closing the bridge span for a period of months. To

minimize the impact on the maritime community, the applicant plans to

work an accelerated schedule to complete the work requiring the bridge

closure in five months. Increased costs to the marine industry are

estimated to be $1 million due to detours during a five month closure.

The overtime work schedule increases overall project costs

approximately $2.2 million. The applicant estimates that if the

contractor were required to work only a standard 40 hour work week,

they would need a closure of eleven months to complete work. Thus, the

impact to the maritime industry has been minimized. On balance, the

short term costs due to the detour will be offset by the long-term

benefits gained by the operation of a new, more reliable bridge. The

new bridge will ensure uninterrupted rail service to Terminal Island,

and timely, reliable openings of the bridge for waterborne traffic.

Construction of a new bridge will minimize the possibility of

congestion or delays in transit times, which would occur if the

existing bridge malfunctioned, or was damaged by seismic activity.

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'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under section 3 of the Small Business Act

(15 U.S.C. 632). During the environmental review process, the Coast

Guard determined that the economic impact to navigation would be

approximately $1 million. Almost half of that impact was on the towing

and tour boat operations of one company who does not qualify as a

``small business concern''. The remaining economic impact was on

recreational mariners berthed at nearby marinas and two other towing

companies. Recreational mariners would have small additional costs to

travel as much as 5 miles further to fuel docks, pumpout stations, etc.

The cost per recreational vessel is estimated to be less than $100. the

towing companies would have additional costs for personnel and fuel to

travel as much as 5 miles further to towing assignments. The cost per

towing company is estimated to be less than $100 thousand. These

companies will all benefit from the reliable operation of the new

bridge span for many years to come. Since there are only a few small

entities affected by the 5 month closure, and the effect is short-time,

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.

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 considered the environmental impact of this

proposal together with the overall impacts of the replacement project

in their FEIS for the Henry Ford (Badger Avenue) Bridge Replacement

Project dated November 25, 1994. The principal environmental impact of

the project was the loss of the existing, historic bridge. The

environmental impacts of this rule were marine transportation

disruptions, economic impacts to waterway users, and minor increases in

air pollution from detouring marine vessels. The Coast Guard determined

that there was no feasible and prudent alternative to the loss of the

historic bridge to meet the needs of future transportation and safety.

A new bridge will allow for increased carriage of goods to and from the

port by rail, rather than by truck, resulting in a net decrease in air

pollution. On balance, the short-term impacts to navigation will be

offset by long-term benefits to navigation from construction of a new,

more reliable bridge. The FEIS supercedes the draft Environmental

Assessment prepared for the NPRM. The FEIS is available for review at

the address under ADDRESSES.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

List of Subjects in 33 CFR Part 117

Bridges

Regulation: For the reasons set out in the preamble, the Coast

Guard proposes to amend 33 CFR Part 117 as follows:

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 is amended by suspending paragraph (b) and

adding a new paragraph (c) to read as follows:

Sec. 117.147 Cerritos Channel.

* * * * *

(c) During the period November 7, 1996 through April 7, 1997 the

Henry Ford Avenue railroad bridge, mile 4.4 at Long Beach, will be

undergoing reconstruction and the draw need not open for the passage of

vessels.

Dated: June 20, 1996.

D.D. Polk,

Captain, U.S. Coast Guard, Commander, Eleventh Coast Guard District

Acting.

[FR Doc. 96-17301 Filed 7-5-96; 8:45 am]

BILLING CODE 4910-14-M