Safety Zone; Highway 99 Partial Bridge Replacement, Stanislaus River, Ripon, CA |
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Marie B. Byrd
Department of Homeland Security
8 June 2020
[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Rules and Regulations]
[Pages 34639-34641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11055]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0890]
RIN 1625-AA00
Safety Zone; Highway 99 Partial Bridge Replacement, Stanislaus
River, Ripon, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Stanislaus River. This action is necessary to
provide for the safety of life on the Stanislaus River near the Highway
99 Bridge in Ripon, CA, during partial bridge replacement scheduled to
occur between June 15, 2020 and November 7, 2020. This regulation
prohibits persons and vessels from being in the safety zone unless
authorized by the Captain of the Port San Francisco or a designated
representative.
DATES: This rule is effective from 12:01 a.m. on June 15, 2020 through
11:59 p.m. on November 7, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0890 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Jennae N. Cotton, Sector San Francisco Waterways
Management, U.S. Coast Guard; telephone 415-399-3585, email
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On October 18, 2019, the California Department of Transportation
notified the Coast Guard that it will be conducting partial bridge
replacement of the Highway 99 Bridge in Ripon, CA. In response, on
March 16, 2020, the Coast Guard published an NPRM titled ``Safety Zone;
Highway 99 Partial Bridge Replacement, Stanislaus River, Ripon, CA''
(85 FR 14840) proposing a safety zone around the bridge replacement to
be effective from June 15, 2020 until November 7, 2020. There we stated
why we issued the NPRM, and invited comments on our proposed regulatory
action related to this partial bridge replacement. During the comment
period that ended April 15, 2020, we received two comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because this rule is needed to protect
mariners, commercial and recreational waterway users, and construction
workers from the potential safety hazards associated with construction
and replacement of the Highway 99 Ripon Bridge. It is necessary for
this rule to be in effect when construction commences on June 15, 2020.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. During this bridge construction project, approximately 200 feet
of the existing concrete, double-arch bridge on Southbound Highway 99
over the Stanislaus River will be demolished, removed, and replaced.
Bridge construction hazards include reduced bridge clearance and the
potential for falling debris, such as steel beams and other
construction materials from demolition and crane operations. The COTP
has determined that potential hazards associated with the Highway 99
Ripon Bridge replacement will be a safety concern for anyone within the
navigable waters of the Stanislaus River around or under the bridge
construction project. The purpose of this rule is to ensure the safety
of vessels and mariners in the navigable waters surrounding the Highway
99 Bridge in Ripon, CA during construction.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two comments on our NPRM published
March 16, 2020. One comment identified the safety zone as a necessity
to protect mariners, commercial and recreational waterway users, and
construction workers during the bridge replacement, which will improve
traffic conditions for an average of 112,000 vehicle transits each day.
Due to hazards associated with the bridge demolition and replacement,
the COTP is implementing this rule to protect members of the public in
the waters of the Stanislaus River surrounding the project.
The other comment challenged the reason this rule is being
enforced, asserting the rule is not for the safety of life on the
navigable waters of the Stanislaus River. The Coast Guard disagrees
with this comment. The Coast Guard is enforcing this rule to protect
and ensure the safety of all vessels and waterway users on the waters
of the Stanislaus River near Ripon, CA from to the potential hazards
associated with the bridge construction project noted in section III of
this rule.
There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM. Between 12:01 a.m. on June 15, 2020 through
11:59 p.m. on November 7, 2020, the safety zone will encompass all
navigable waters of the Stanislaus River surrounding the Highway 99
Bridge in Ripon, CA, from surface to bottom, between the Union Pacific
Railway Bridge to the west and the Stanislaus River pedestrian crossing
bridge to the east of the Ripon Highway 99 Bridge, within the area
formed by
[[Page 34640]]
connecting the following approximate latitude and longitude points in
the following order: 37[deg]43'47.7'' N, 121[deg]06'36.0'' W, thence to
37[deg]43'49.9'' N, 121[deg]06'38.6'' W, thence to 37[deg]43'51.3'' N,
121[deg]06'36.1'' W, thence to 37[deg]43'49.2'' N, 121[deg]06'33.6'' W
(NAD 83), and thence to the point of beginning; or as announced via
Broadcast Notice to Mariners. The duration of this zone is intended to
ensure the safety of mariners, vessels, and the navigable waters during
the bridge construction project. No vessel or person would be permitted
to enter the safety zone without obtaining permission from the COTP or
a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the location of
the safety zone. Vessel transits in the area are limited to
recreational vessels and personal watercraft, including small
recreational vessels used for fishing, kayaks, and inner tubes. Notice
would be provided to mariners via Notice to Mariners and posted at the
construction site and adjacent river entry locations 30 days in
advance.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator. Notice will be provided 30 days in advance of
the safety zone. River entry and exit points will be identified on both
sides of the safety zone, and markers will provide mariners with clear
instruction throughout the duration of the project. Depending on
operations and river level parameters, mariners will be provided a
transit lane on weekends between July 25, 2020 and November 7, 2020.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit entry to the area surrounding the bridge
construction site and will last approximately five months with
intermittent weekend openings. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
[[Page 34641]]
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T11-019 to read as follows:
Sec. 165.T11-019 Safety Zone; Highway 99 Partial Bridge Replacement,
Stanislaus River, Ripon, CA.
(a) Location. The following is a safety zone: The navigable waters
of the Stanislaus River, from surface to bottom, between the Union
Pacific Railway Bridge to the west and the Stanislaus River pedestrian
crossing bridge to the east of the Highway 99 Ripon Bridge, within the
area formed by connecting the following approximate latitude and
longitude points in the following order: 37[deg]43'47.7'' N,
121[deg]06'36.0'' W, thence to 37[deg]43'49.9'' N, 121[deg]06'38.6'' W,
thence to 37[deg]43'51.3'' N, 121[deg]06'36.1'' W, thence to
37[deg]43'49.2'' N, 121[deg]06'33.6'' W (NAD 83), and thence to the
point of beginning; or as announced via Broadcast Notice to Mariners.
(b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart B of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative. Persons and vessels may request permission to enter the
safety zone through the 24-hour Command Center at telephone (415) 399-
3547.
(d) Enforcement period. This section will be enforced from June 15,
2020 through November 7, 2020.
(e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced in accordance with 33 CFR 165.7.
Additionally, signage will be posted beginning 30 days prior to the
start of the project and will remain posted for the duration of the
project. River markers will be provided on the Stanislaus River on each
side of the safety zone to direct mariners.
Dated: May 14, 2020.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2020-11055 Filed 6-5-20; 8:45 am]
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