[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Rules and Regulations]
[Pages 34999-35001]
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 35000]]

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 35001]]

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