Safety Zone; Highway 99 Partial Bridge Replacement, Stanislaus River, Ripon, CA, 14840-14842 [2020-05176]
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14840
Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Proposed Rules
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T05–0066 to read as
follows:
■
lotter on DSKBCFDHB2PROD with PROPOSALS
§ 100.T05–0066 Cambridge Classic
Powerboat Race, Choptank River,
Hambrooks Bay, Cambridge, MD.
(a) Regulated areas. The regulations
in this section apply to the following
areas:
(1) All navigable waters within
Choptank River and Hambrooks Bay
bounded by a line connecting the
following coordinates: Commencing at
the shoreline at Long Wharf Park,
Cambridge, MD, at position latitude
38°34′30″ N, longitude 076°04′16″ W;
thence east to latitude 38°34′20″ N,
longitude 076°03′46″ W; thence
northeast across the Choptank River
along the Senator Frederick C. Malkus,
Jr. (US–50) Memorial Bridge, at mile
15.5, to latitude 38°35′30″ N, longitude
076°02′52″ W; thence west along the
shoreline to latitude 38°35′38″ N,
longitude 076°03′09″ W; thence north
and west along the shoreline to latitude
38°36′42″ N, longitude 076°04′15″ W;
thence southwest across the Choptank
River to latitude 38°35′31″ N, longitude
076°04′57″ W; thence west along the
Hambrooks Bay breakwall to latitude
38°35′33″ N, longitude 076°05′17″ W;
thence south and east along the
shoreline to and terminating at the point
of origin. The following locations are
within the regulated area:
(i) Race Area. Located within the
waters of Hambrooks Bay and Choptank
River, between Hambrooks Bar and
Great Marsh Point, MD.
(ii) Buffer Zone. All waters within
Hambrooks Bay and Choptank River
(with the exception of the Race Area
designated by the marine event sponsor)
bound to the north by the breakwall and
continuing along a line drawn from the
east end of breakwall located at latitude
38°35′27.6″ N, longitude 076°04′50.1″
W, thence southeast to latitude
38°35′17.7″ N longitude 076°04′29″ W,
thence south to latitude 38°35′01″ N
longitude 076°04′29″ W, thence west to
the shoreline at latitude 38°35′01″ N,
longitude 076°04′41.3″ W.
(iii) Spectator Area. All waters of the
Choptank River, eastward and outside of
Hambrooks Bay breakwall, thence
bound by line that commences at
latitude 38°35′28″ N, longitude
076°04′50″ W; thence northeast to
latitude 38°35′30″ N, longitude
076°04′47″ W; thence southeast to
latitude 38°35′23″ N, longitude
076°04′29″ W; thence southwest to
latitude 38°35′19″ N, longitude
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17:35 Mar 13, 2020
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076°04′31″ W; thence northwest to and
terminating at the point of origin.
(2) These coordinates are based on
datum NAD 1983.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) MarylandNational Capital Region means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region or
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the COTP to act on his behalf.
Coast Guard Patrol Commander
(PATCOM) means a commissioned,
warrant, or petty officer of the U.S.
Coast Guard who has been designated
by the Commander, Coast Guard Sector
Maryland-National Capital Region.
Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Maryland-National
Capital Region with a commissioned,
warrant, or petty officer on board and
displaying a Coast Guard ensign.
Participant means all persons and
vessels registered with the event
sponsor as participating in the
Cambridge Classic Powerboat Race or
otherwise designated by the event
sponsor as having a function tied to the
event.
(c) Regulations. (1) Except for
participants and vessels already at
berth, all non-participants are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area described in
paragraph (a) of this section unless
authorized by the COTP MarylandNational Capital Region or PATCOM.
(2) To seek permission to enter,
contact the COTP Maryland-National
Capital Region at telephone number
410–576–2693 or on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz) or the PATCOM on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz) or at telephone number 410–226–
0580. Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP
Maryland-National Capital Region or
PATCOM.
(3) The COTP Maryland-National
Capital Region will provide notice of the
regulated area through advanced notice
via Fifth Coast Guard District Local
Notice to Mariners, broadcast notice to
mariners, and on-scene official patrols.
(d) Enforcement officials. The Coast
Guard may be assisted with marine
event patrol and enforcement of the
regulated area by other Federal, State,
and local agencies.
(e) Enforcement period. This section
will be enforced from 9 a.m. through
6:30 p.m. on May 16, 2020, and, from
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9 a.m. through 6:30 p.m. on May 17,
2020.
Dated: March 10, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2020–05139 Filed 3–13–20; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish 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
proposed rulemaking would prohibit
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port San Francisco or a
designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before April 15, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0890 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email LT Jennae
Cotton, Waterways Management, U.S.
Coast Guard; telephone 415–399–3585,
email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
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Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Proposed Rules
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
IV. Regulatory Analyses
II. Background, Purpose, and Legal
Basis
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,
from June 15, 2020 to November 7,
2020. 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 partial
bridge replacement would be a safety
concern for anyone within the
Stanislaus River around or under the
bridge construction project.
The purpose of this rulemaking is to
ensure the safety of vessels and
mariners in the navigable waters
surrounding the Highway 99 Bridge in
Ripon, CA during construction. The
Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034.
lotter on DSKBCFDHB2PROD with PROPOSALS
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone surrounding the Highway 99
Bridge in Ripon, CA from June 15, 2020
through November 7, 2020. The safety
zone would encompass all 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 Ripon Highway
99 Bridge, within the area formed by
connecting the following approximate
latitude and longitude points in the
following order: 37°43′47.7″ N,
121°06′36.0″ W, thence to 37°43′49.9″ N,
121°06′38.6″ W, thence to 37°43′51.3″ N,
121°06′36.1″ W, thence to 37°43′49.2″ N,
121°06′33.6″ W (NAD 83), and thence to
the point of beginning; or as announced
via Broadcast Notice to Mariners.
This safety 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. The
regulatory text we are proposing appears
at the end of this document.
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We developed this proposed 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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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 certifies under 5 U.S.C.
605(b) that this proposed rule would 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 IV.A above,
this proposed rule would 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.
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14841
Depending on operations and river level
parameters, mariners will be provided a
transit lane on weekends between July
25, 2020 and November 7, 2020.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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Federal Register / Vol. 85, No. 51 / Monday, March 16, 2020 / Proposed Rules
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 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 made a
preliminary determination 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 proposed rule
involves a safety zone that would
prohibit entry to the area surrounding
the bridge construction site and would
last approximately five months with
intermittent weekend openings.
Normally such actions are categorically
excluded from further review under
paragraph L60(a) in Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
lotter on DSKBCFDHB2PROD with PROPOSALS
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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
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17:35 Mar 13, 2020
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docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.T11–019 to read as
follows:
■
§ 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°43′47.7″ N, 121°06′36.0″ W, thence to
37°43′49.9″ N, 121°06′38.6″ W, thence to
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Fmt 4702
Sfmt 9990
37°43′51.3″ N, 121°06′36.1″ W, thence to
37°43′49.2″ N, 121°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: March 9, 2020.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Francisco.
[FR Doc. 2020–05176 Filed 3–13–20; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\16MRP1.SGM
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Agencies
[Federal Register Volume 85, Number 51 (Monday, March 16, 2020)]
[Proposed Rules]
[Pages 14840-14842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05176]
-----------------------------------------------------------------------
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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish 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 proposed rulemaking would prohibit persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
San Francisco or a designated representative. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 15, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0890 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Jennae Cotton, Waterways
Management, U.S. Coast Guard; telephone 415-399-3585, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
[[Page 14841]]
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
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, from June 15, 2020
to November 7, 2020. 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 partial bridge replacement would be a safety
concern for anyone within the Stanislaus River around or under the
bridge construction project.
The purpose of this rulemaking is to ensure the safety of vessels
and mariners in the navigable waters surrounding the Highway 99 Bridge
in Ripon, CA during construction. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone surrounding the
Highway 99 Bridge in Ripon, CA from June 15, 2020 through November 7,
2020. The safety zone would encompass all 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 Ripon Highway 99 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.
This safety 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. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above, this proposed rule would 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
[[Page 14842]]
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 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 made
a preliminary determination 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 proposed rule involves a safety
zone that would prohibit entry to the area surrounding the bridge
construction site and would last approximately five months with
intermittent weekend openings. Normally such actions are categorically
excluded from further review under paragraph L60(a) in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures. A
preliminary Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 is
proposing to amend 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: March 9, 2020.
Howard H. Wright,
Captain, U.S. Coast Guard, Alternate Captain of the Port, San
Francisco.
[FR Doc. 2020-05176 Filed 3-13-20; 8:45 am]
BILLING CODE 9110-04-P