![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Safety Zone; Mission Creek Waterway, China Basin, San Francisco Bay, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 9, 2003 (Volume 68, Number 131)]
[Rules and Regulations]
[Page 40772-40774]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy03-16]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 03-004]
RIN 1625-AA00
Safety Zone; Mission Creek Waterway, China Basin, San Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising the enforcement period of the
temporary safety zone in the navigable waters of the Mission Creek
Waterway in China Basin surrounding the construction site of the Fourth
Street Bridge, San Francisco, California. This temporary safety zone is
necessary to protect persons and vessels from hazards associated with
bridge construction activities. The safety zone will temporarily
prohibit usage of the Mission Creek Waterway surrounding the Fourth
Street Bridge; specifically, no persons or vessels will be permitted to
come within 100 yards of either side of the bridge or pass beneath the
bridge during construction, unless authorized by the Captain of the
Port, or his designated representative.
DATES: This amendment to Sec. 165.T11-079 is effective from June 27,
2003 to 1 a.m. (PDT) on September 1, 2004. Section 165T11-079, as
amended, expires September 1, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of the docket [COTP San Francisco Bay 03-004]
and are
available for inspection or copying at Coast Guard Marine Safety Office
San Francisco Bay, Coast Guard Island, Alameda, California, 94501,
between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Diana J. Cranston, U.S.
Coast Guard Marine Safety Office San Francisco Bay, at (510) 437-3073.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 13, 2003, we published a temporary final rule (TFR) entitled
Safety Zone; Mission Creek Waterway, China Basin, San Francisco Bay,
California in the Federal Register (68 FR 25503), which was preceded by
a notice of proposed rulemaking (NPRM), which was published in the
Federal Register (68 FR 13244) on March 19, 2003 which afforded the
public a comment period. This rule has been in effect since 1 a.m.
(PDT) May 1, 2003 and will expire at 1 a.m. (PDT) September 1, 2004.
The enforcement period for the safety zone for the first phase of this
project was published as commencing on May 1, 2003, and lasting for 2
months, to expire at 1 a.m. June 28, 2003. Due to project delays, the
safety zone for the first phase of this project will now last for a 3-
month period, vice a 2-month period, expiring on July 28, 2003. The
second phase of this project remains as previously published,
commencing April 1, 2004, lasting for a 5-month period. Both periods
will be enforced 24 hours a day.
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. The construction delays to this
project were unforeseeable and not realized until the final 30-day
phase of this 2-month project, thus not allowing enough time for this
rule to be published a full 30 days prior to making this rule
effective. Accordingly, since timely rehabilitation to the bridge
(which is discussed in the Background and Purpose section) is crucial
to the safety of this bridge, the channel closure must be extended for
another 4-week period, starting June 29, 2003, which is less than 30
days after the publication of this rule.
Background and Purpose
The San Francisco Department of Public Works requested a waterway
closure on Mission Creek for the purpose of performing significant work
to the Fourth Street Bridge. The Fourth Street Bridge was erected
across the Mission Creek Waterway at the China Basin in 1917, and was
determined eligible for listing in the National Register of Historic
Places in 1985 as part of the California Department of Transportation
(Caltrans) Historic Bridge Inventory. Caltrans, Division of Structures,
evaluated the Fourth Street Bridge and recommended that the bridge be
brought up to current seismic safety standards. In view of extensive
corrosion to the steel components and concrete approaches of the
bridge, Caltrans has also placed traffic load limitations over this
bridge. Three primary objectives are to be met in rehabilitating the
Fourth Street Bridge: (i) Seismically retrofit the structure while not
significantly altering the historical appearance of the bridge; (ii)
Repair the damage to the concrete approaches and several steel and
concrete members of the movable span, and (iii) Reinitiate light rail
service across the bridge.
The first phase of this project, which began May 1, 2003, will
entail the removal of the lift span and will now take approximately 3
months to complete vice the previously published 2 months. During this
period, the channel will be closed at the Fourth Street Bridge to
boating traffic. The second phase of this project will entail the
construction of the north and south approaches, the new counterweight
and its enclosing pit; but for the most part, boating traffic will not
be affected during this phase. The last phase of this project will
entail the replacement of the lift span and aligning the bridge to
accept the light rail track system, which will take approximately five
months, scheduled to begin April 1, 2004. During this period, the
channel will be closed at the Fourth Street Bridge to boating traffic.
The Fourth Street Bridge Project is funded by Federal Highway
Administration and State of California. The state funding restricts the
construction to a start date before August 2003 and completion by
September 2005. Any delays or deferrals in construction will impact the
secured funding for the project.
There are two major environmental issues that restrict the
construction in the channel, namely the annual pacific hearing-spawning
season that runs from December 1 to March 31 and noise constraint in
the water for steelhead from December 1 to June 1. Any demolition, pile
driving and excavation in the water during those time periods will be
monitored and restricted for possible impact on the fish.
The Fourth Street Bridge Project is part of the larger Third Street
Light Rail Project and many public presentations on the project's
components, channel closure schedules, impacts to surrounding uses and
project duration have been made by the City and Port of San Francisco.
The Third Street Light Rail Advisory Group was created as a forum to
keep the public informed on the progress being made on the Third Street
Light rail project. Also, this project has been presented at several
Mission Bay Citizen Advisory Committee meetings. At these meetings, the
public was notified of the project components, impacts and the need to
temporarily close the waterway. Specific to the Fourth Street Bridge
project, an Environmental Assessment, required by the Federal Highway
Administration and Caltrans, (under the National Environmental
Protection Act) was conducted by the City of San Francisco. A public
hearing regarding the Environmental Assessment was held on January 17,
2002 at San Francisco
[[Page 40773]]
Arts College, Timken Lecture Hall, 1111 8th Street in San Francisco,
California, and was well attended.
In January 2003, the City of San Francisco advised the Coast Guard
Captain of the Port that two channel closures would be necessary in
order to accomplish the Fourth Street Bridge project. The Coast Guard
met with various City and Port officials to ensure that there would be
minimal impacts on involved and potentially involved entities. Those
entities that will be affected by this one-month extension have been
notified and concur with this enforcement period extension.
This temporary safety zone in the navigable waters of Mission Creek
surrounding the construction site of the Fourth Street Bridge will be
enforced during the course of a 3-month period, which started on May 1,
2003 and again for a 5-month period, starting April 1, 2004. Both
periods will be enforced 24 hours a day.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
Although this safety zone does restrict boating traffic past the
fourth street bridge, the effect of this regulation will not be
significant as this waterway is very small with limited boating
traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
For the same reasons set forth in the above Regulatory Evaluation, the
Coast Guard certifies under 5 U.S.C. 605(b) that this rule is not
expected to have a significant economic impact on any substantial
number of entities, regardless of their size.
This safety zone will not have a significant impact on a
substantial number of small entities for the following reasons.
Although the channel closure will restrict water access to a small
number of boats, including houseboats who have moorings in Mission
Creek Harbor, the channel closure will not impact land access to these
houseboats during the bridge closures. The City of San Francisco,
Department of Public Works and the Port of San Francisco have been in
close consultation with the Mission Creek Harbor Association to assist
boat owners affected by this project. As a result, the Mission Creek
Harbor Association has a lease agreement with the Port of San Francisco
for both houseboats and pleasure boats to moor outside of the affected
closure area for the duration of the first channel closure that
commences on May 1, 2003. Payment of all leases has been extended for
one month, to coincide with the new expiration date of July 28, 2003. A
similar resolution has been met for the second closure that is
scheduled to commence on April 1, 2004.
Assistance For Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
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).
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not
[[Page 40774]]
likely to have a significant adverse effect on the supply,
distribution, or use of energy. It has not been designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation because we are establishing a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and record
keeping 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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
? 2. In Sec. 165.T11-079, revise paragraph (b)(2) to read as follows:
Sec. 165.T11-079 Safety Zone; Mission Creek Waterway, China Basin,
San Francisco Bay, California.
* * * * *
(b) * * *
(2) The zone in paragraph (a) of this section will be enforced from
1 a.m. (PDT) on May 1, 2003, to 1 a.m. (PDT) on July 28, 2003, and from
1 a.m. (PST) on April 1, 2004 to 1 a.m. (PDT) on September 1, 2004.
* * * * *
Dated: June 27, 2003.
Gerald M. Swanson,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay,
California.
[FR Doc. 03-17370 Filed 7-8-03; 8:45 am]
BILLING CODE 4910-15-U