Safety Zone; Highway 99 Partial Bridge Replacement, Stanislaus River, Ripon, CA, 34639-34641 [2020-11055]
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Rules and Regulations
34639
TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued
Date
85. 3 days—First weekend
in November.
86. 1 day—One weekend in
November or December.
*
*
*
*
Event/sponsor
Ohio Valley location
Atlanta Rowing Club/Head
of the Hooch Rowing
Regatta.
Charleston Lighted Boat
Parade.
Chattanooga, TN ...............
Tennessee River, Mile 463.0–468.0 (Tennessee).
Charleston, WV .................
Kanawha River, Mile 54.3–60.3 (West Virginia).
I. Table of Abbreviations
*
Dated: April 3, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Ohio Valley.
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
§ Section
U.S.C. United States Code
[FR Doc. 2020–11419 Filed 6–5–20; 8:45 am]
BILLING CODE P
II. Background Information and
Regulatory History
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.
Temporary final rule.
AGENCY:
ACTION:
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:
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SUMMARY:
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Regulated area
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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
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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
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Rules and Regulations
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. 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.
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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.
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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
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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.
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Federal Register / Vol. 85, No. 110 / Monday, June 8, 2020 / Rules and Regulations
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
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:
■
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§ 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
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.
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(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]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0067]
RIN 1625–AA00
Safety Zone; Lake of the Ozarks, Mile
Marker .5 on the Main Channel of the
Lake of the Ozarks Near Bagnel Dam,
Lake Ozark, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Lake of the Ozarks.
This action is necessary to provide for
the safety of life on these navigable
waters during fireworks displays. This
regulation prohibits persons and vessels
from being in the safety zone during the
specified periods of enforcement unless
authorized by the Captain of the Port
SUMMARY:
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34641
Sector Upper Mississippi River or a
designated representative.
DATES: This rule is effective without
actual notice from June 8, 2020 through
10:15 p.m. on August 15, 2020. For
purposes of enforcement, actual notice
will be used from 9:15 p.m. on May 23,
2020 through June 8, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0067 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 Lieutenant Commander Christian
Barger, Sector Upper Mississippi River
Waterways Management Division, U.S.
Coast Guard; telephone 309–737–1982,
email Christian.J.Barger@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On December 10, 2019, Celebration
Cruises notified the Coast Guard that it
will be conducting fireworks displays
from 9:15 p.m. through 10:15 p.m. on
May 23, June 20, June 27, July 4, July
11, July 18, July 25, August 1, August
8, and August 15, 2020. The fireworks
are to be launched from a barge on Lake
of the Ozarks at mile marker .5 on the
main channel of Lake of the Ozarks near
Bagnel Dam in Lake Ozark, MO. In
response, on March 26, 2020, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Lake of the Ozarks, Mile Marker .5 on
the Main Channel of the Lake of the
Ozarks Near Bagnel Dam, Lake Ozark,
MO [85 FR 17038]. There we stated why
we issued the NPRM and invited
comments on our proposed regulatory
action related to these fireworks
displays. During the comment period
that ended April 27, 2020, we received
four 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 immediate action is needed to
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Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[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
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]
BILLING CODE 9110-04-P