Safety Zone, Kinnickinnic River Sediment Removal Project, Milwaukee, WI, 32080-32083 [E9-15953]
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32080
Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules and Regulations
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
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
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This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
1. The authority citation for part 165
continues to read as follows:
enforcement of this safety zone and will
announce that fact via Broadcast Notice
to Mariners.
(c) Definitions. The following
definitions apply to this section: (1)
Designated representative means any
Commissioned, Warrant, or Petty
Officers of the Coast Guard, Coast Guard
Auxiliary, or local, state, and federal
law enforcement vessels who have been
authorized to act on behalf of the COTP.
(2) Non-authorized personnel and
vessels, means any civilian boats,
fishermen, divers, and swimmers.
(d) Regulations. (1) Entry into, transit
through or anchoring within this safety
zone is prohibited unless authorized by
the COTP San Diego or his designated
representative.
(2) Non-authorized personnel and
vessels requesting permission to transit
through the safety zone may request
authorization to do so from the COTP
San Diego or his designated
representative. They may be contacted
on VHF–FM Channel 16, or at telephone
number (619) 278–7033.
(3) Naval units involved in the
exercise are allowed in the confines of
the established safety zone.
(4) All persons and vessels shall
comply with the instructions of the
Coast Guard COTP or his designated
representative.
(5) Upon being hailed by the U.S.
Coast Guard or other official personnel
by siren, radio, flashing light, or other
means, the operator of a vessel shall
proceed as directed.
(6) The Coast Guard may be assisted
by other federal, state, or local agencies
and the U.S. Navy.
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295; 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
Dated: June 22, 2009.
D.L. LeBlanc,
Commander, U.S. Coast Guard, Acting
Captain of the Port San Diego.
[FR Doc. E9–15885 Filed 7–6–09; 8:45 am]
■
2. Add a new temporary § 165.T11–
210 to read as follows:
BILLING CODE 4910–15–P
§ 165.T11–210 Safety Zone; San Clemente
Island Northwest Harbor August and
September Training; Northwest Harbor, San
Clemente Island, CA.
DEPARTMENT OF HOMELAND
SECURITY
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a
temporary safety zone. An
environmental analysis checklist and a
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), 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
■
(a) Location. The limits of the safety
zone will include the navigable waters
of the Northwest Harbor of San
Clemente Island bounded by the
following coordinates: 33°02′06″ N,
118°35′36″ W; 33°02′00″ N, 118°34′36″
W; thence along the coast of San
Clemente Island to 33°02′06″ N,
118°35′36″ W.
(b) Enforcement Period. This section
will be enforced from August 1, 2009
through September 30, 2009 during
naval training exercises. If the training
is concluded prior to the scheduled
termination time, the COTP will cease
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0399]
RIN 1625–AA00
Safety Zone, Kinnickinnic River
Sediment Removal Project, Milwaukee,
WI
Coast Guard, DHS.
Temporary interim rule with
request for comments.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
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Federal Register / Vol. 74, No. 128 / Tuesday, July 7, 2009 / Rules and Regulations
the Kinnickinnic River in Milwaukee,
WI. This temporary interim rule places
navigational and operational restrictions
on all vessels transiting the navigable
waters located between the West Becher
Street Bridge and the South
Kinnickinnic Avenue Bridge located in
Milwaukee, WI.
DATES: This temporary interim rule is
effective from June 12, 2009 until
December 31, 2009. Comments and
related material must reach the Docket
Management Facility on or before
August 6, 2009.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–0399 using any one of the
following methods:
Federal eRulemaking Portal: https://
www.regulations.gov.
Fax: 202–493–2251.
Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
Hand delivery: Same as mail address
above, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is 202–
366–9329.
To avoid duplication, please use only
one of these methods. For instructions
on submitting comments, see the
‘‘Public Participation and Request for
Comments’’.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
interim rule, call BM2 Adam Kraft,
Waterways Management Division, Coast
Guard Sector Lake Michigan, telephone
414–747–7154. If you have questions on
viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–0399),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
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14:44 Jul 06, 2009
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material online, or by fax, mail or hand
delivery, but please use only one of
these means. We recommend that you
include your name and a mailing
address, an e-mail address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert ‘‘USCG–
2009–0399’’ in the Docket ID box, press
Enter, and then click on the balloon
shape in the Actions column. If you
submit your comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit them by mail and
would like to know that they reached
the Facility, please enclose a stamped,
self-addressed postcard or envelope. We
will consider all comments and material
received during the comment period
and may change this rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, select the
Advanced Docket Search option on the
right side of the screen, insert USCG–
2009–0399 in the Docket ID box, press
Enter, and then click on the item in the
Docket ID column. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the Department of Transportation West
Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. We have an
agreement with the Department of
Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
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32081
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Regulatory Information
The Coast Guard is issuing this
temporary interim rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because of the
importance of removing harmful
polychlorinated biphenyls from this
area of water. Also, this project has been
opened to the community for comment
via numerous public meetings, local
news, and comment cards that were
given to the local marinas. No feedback
was received. Likewise, 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
because of the safety risk to commercial
and recreational boaters who could
possibly transit this area. The following
discussion and the Background and
Purpose section below provides
additional support of the Coast Guard’s
determination that good causes exists
for not publishing a NPRM and for
making this rule effective less than 30
days after publication.
The Kinnickinnic Sediment Removal
Project is a 22 million dollar dredging
project that’s main purpose is to remove
harmful polychlorinated biphenyls from
the sediment in this area of water. This
is an Environmental Protection Agency
(EPA) sponsored project which has
joined with the Army Corp of Engineers
for coordination and completion. This
project has been in the planning stages
since 2002 and has incorporated many
local stakeholders into their meetings,
including: Southwind Marine,
Milwaukee Marine, Canadian Pacific
Railroad, Ryba Marine, United States
Coast Guard and the Gillen Company to
ensure all issues that could arise from
a project of this magnitude are
addressed. They also have involved the
public through the use of the local
news, public comment forums,
informational handouts, and public
open houses. They have received no
negative feedback from any of this
public outreach. The area that is
affected by this project does not affect
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any commercial traffic and rarely
encounters any type of recreational
traffic. The area of river where this
project is occurring only affects one
winter storage marina and the owner of
that marina has been involved in all
aspects of this planning.
Background and Purpose
U.S. Environmental Protection
Agency Great Lakes National Program
Office and state partner Wisconsin
Department of Natural Resources are
heading up the dredging of
contaminated sediment from
Milwaukee’s Kinnickinnic River. The
$22 million project is being funded
under the Great Lakes Legacy Act
(GLLA). The Act provides federal
money that along with local matching
dollars are used to clean up polluted
sediment (mud) along the U.S. shores of
the Great Lakes. The Kinnickinnic River
project calls for the removal of about
170,000 cubic yards of sediment
contaminated with PCBs and PAHs
(polychlorinated biphenyls and
polyaromatic hydrocarbons).
Discussion of Rule
The proposed safety zone will
encompass all waters of the
Kinnickinnic River between the West
Becher Street Bridge located at
43°00′37″ N 087°54′51″ W and the South
Kinnickinnic Avenue Bridge located at
43°00′29″ 087°54′30″. (NAD 83). Vessels
will be permitted to transit the zone
with the permission of the Captain of
the Port Lake Michigan or his on-scene
representative. Periods during which
transit of the zone will be permitted will
be communicated to the public daily via
Broadcast Notice to Mariners. These
Broadcasts can be heard daily via VHF
Channel 16.
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the on-scene
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Sector Lake
Michigan or his on-scene representative.
The Captain of the Port or his on-scene
representative may be contacted via
VHF Channel 16.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
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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.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This determination is based on the
following: (1) Commercial vessel traffic
is non-existent in this area and
recreational traffic is very minimal; (2)
the public is very well informed about
this project via local news, public
comment forums, and public open
houses; (3) all local marinas have been
involved in every aspect of the seven
years of planning that have lead up to
this project; and (4) the safety zone
almost always will have daily four hour
openings for traffic to pass through if
needed.
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.
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.
This rule would affect the following
entities, some of which might be small:
The owners and operators of vessels
intending to transit or anchor in a
portion of the Kinnickinnic River,
Milwaukee, WI between 7 a.m. on June
12, 2009 and 11:59 p.m. (local) on
December 31, 2009.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: (1) Commercial
vessel traffic is non-existent in this area
and recreational traffic is very minimal;
(2) the public is very well informed
about this project via local news, public
comment forums, and public open
houses; (3) all local marinas have been
involved in every aspect of the seven
years of planning that have lead up to
this project; and (4) the safety zone
almost always will have daily four hour
openings for traffic to pass through if
needed. The Coast Guard will give
notice to the public, using all
appropriate means to inform them when
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the safety zone is enforced and when
openings are authorized.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection
of information 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
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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
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
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Jkt 217001
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of the category of actions which do not
individually or cumulatively have
significant effect on the human
environment. Therefore, this rule is
categorically excluded, under section
2.B.2 Figure 2–1, paragraph (34)(g), of
the Instruction and neither an
environmental assessment nor an
environmental impact statement is
required. This rule involves the
establishing, disestablishing, or
changing of a safety zone. An
environmental analysis checklist and a
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), Reporting and recordkeeping
requirements, Security measures,
Waterways.
32083
December 31, 2009. The Captain of the
Port, Sector Lake Michigan may
terminate this zone at any time.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Sector Lake
Michigan, or his on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Sector Lake Michigan or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Sector
Lake Michigan or his on-scene
representative to obtain permission to
do so. The Captain of the Port or his onscene representative may be contacted
via VHF Channel 16. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
directions given to them by the Captain
of the Port Sector Lake Michigan or his
on-scene representative.
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
Dated: June 12, 2009.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lake Michigan.
[FR Doc. E9–15953 Filed 7–6–09; 8:45 am]
BILLING CODE 4910–15–P
■
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, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 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. Add temporary § 165.T09–0399 to
read as follows:
■
§ 165.T09–0399 Safety Zone, Kinnickinnic
River Sediment Removal Project,
Milwaukee, WI.
(a) Location. All waters of the
Kinnickinnic River between the West
Becher Street Bridge located at
43°00′37″ N, 087°54′51″ W and the
South Kinnickinnic Avenue Bridge
located at 43°00′29″ N, 087°54′30″ W
(NAD 83).
(b) Enforcement period. This
regulation is enforced from 7 a.m. local
on June 12, 2009 until 11:59 p.m. on
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–0469]
Security and Safety Zone Regulations,
Large Passenger Vessel Protection,
Portland, OR Captain of the Port Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
SUMMARY: The Coast Guard will enforce
the security and safety zone in 33 CFR
165.1318 for large passenger vessels
operating in the Portland, Oregon
Captain of the Port Zone during the
dates and times listed in DATES. This
action is necessary to ensure the
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Agencies
[Federal Register Volume 74, Number 128 (Tuesday, July 7, 2009)]
[Rules and Regulations]
[Pages 32080-32083]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15953]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0399]
RIN 1625-AA00
Safety Zone, Kinnickinnic River Sediment Removal Project,
Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
[[Page 32081]]
the Kinnickinnic River in Milwaukee, WI. This temporary interim rule
places navigational and operational restrictions on all vessels
transiting the navigable waters located between the West Becher Street
Bridge and the South Kinnickinnic Avenue Bridge located in Milwaukee,
WI.
DATES: This temporary interim rule is effective from June 12, 2009
until December 31, 2009. Comments and related material must reach the
Docket Management Facility on or before August 6, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0399 using any one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Fax: 202-493-2251.
Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments''.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary interim rule, call BM2 Adam Kraft, Waterways Management
Division, Coast Guard Sector Lake Michigan, telephone 414-747-7154. If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0399), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a telephone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0399'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0399 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Regulatory Information
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because of the
importance of removing harmful polychlorinated biphenyls from this area
of water. Also, this project has been opened to the community for
comment via numerous public meetings, local news, and comment cards
that were given to the local marinas. No feedback was received.
Likewise, 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 because of the safety risk to
commercial and recreational boaters who could possibly transit this
area. The following discussion and the Background and Purpose section
below provides additional support of the Coast Guard's determination
that good causes exists for not publishing a NPRM and for making this
rule effective less than 30 days after publication.
The Kinnickinnic Sediment Removal Project is a 22 million dollar
dredging project that's main purpose is to remove harmful
polychlorinated biphenyls from the sediment in this area of water. This
is an Environmental Protection Agency (EPA) sponsored project which has
joined with the Army Corp of Engineers for coordination and completion.
This project has been in the planning stages since 2002 and has
incorporated many local stakeholders into their meetings, including:
Southwind Marine, Milwaukee Marine, Canadian Pacific Railroad, Ryba
Marine, United States Coast Guard and the Gillen Company to ensure all
issues that could arise from a project of this magnitude are addressed.
They also have involved the public through the use of the local news,
public comment forums, informational handouts, and public open houses.
They have received no negative feedback from any of this public
outreach. The area that is affected by this project does not affect
[[Page 32082]]
any commercial traffic and rarely encounters any type of recreational
traffic. The area of river where this project is occurring only affects
one winter storage marina and the owner of that marina has been
involved in all aspects of this planning.
Background and Purpose
U.S. Environmental Protection Agency Great Lakes National Program
Office and state partner Wisconsin Department of Natural Resources are
heading up the dredging of contaminated sediment from Milwaukee's
Kinnickinnic River. The $22 million project is being funded under the
Great Lakes Legacy Act (GLLA). The Act provides federal money that
along with local matching dollars are used to clean up polluted
sediment (mud) along the U.S. shores of the Great Lakes. The
Kinnickinnic River project calls for the removal of about 170,000 cubic
yards of sediment contaminated with PCBs and PAHs (polychlorinated
biphenyls and polyaromatic hydrocarbons).
Discussion of Rule
The proposed safety zone will encompass all waters of the
Kinnickinnic River between the West Becher Street Bridge located at
43[deg]00'37'' N 087[deg]54'51'' W and the South Kinnickinnic Avenue
Bridge located at 43[deg]00'29'' 087[deg]54'30''. (NAD 83). Vessels
will be permitted to transit the zone with the permission of the
Captain of the Port Lake Michigan or his on-scene representative.
Periods during which transit of the zone will be permitted will be
communicated to the public daily via Broadcast Notice to Mariners.
These Broadcasts can be heard daily via VHF Channel 16.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the on-scene representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Sector Lake Michigan or
his on-scene representative. The Captain of the Port or his on-scene
representative may be contacted via VHF Channel 16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This determination is based
on the following: (1) Commercial vessel traffic is non-existent in this
area and recreational traffic is very minimal; (2) the public is very
well informed about this project via local news, public comment forums,
and public open houses; (3) all local marinas have been involved in
every aspect of the seven years of planning that have lead up to this
project; and (4) the safety zone almost always will have daily four
hour openings for traffic to pass through if needed.
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.
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. This rule would affect the following entities, some of which
might be small: The owners and operators of vessels intending to
transit or anchor in a portion of the Kinnickinnic River, Milwaukee, WI
between 7 a.m. on June 12, 2009 and 11:59 p.m. (local) on December 31,
2009.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: (1)
Commercial vessel traffic is non-existent in this area and recreational
traffic is very minimal; (2) the public is very well informed about
this project via local news, public comment forums, and public open
houses; (3) all local marinas have been involved in every aspect of the
seven years of planning that have lead up to this project; and (4) the
safety zone almost always will have daily four hour openings for
traffic to pass through if needed. The Coast Guard will give notice to
the public, using all appropriate means to inform them when the safety
zone is enforced and when openings are authorized.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
Collection of Information
This rule calls for no new collection of information 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
[[Page 32083]]
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 likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of the category of actions which do not
individually or cumulatively have significant effect on the human
environment. Therefore, this rule is categorically excluded, under
section 2.B.2 Figure 2-1, paragraph (34)(g), of the Instruction and
neither an environmental assessment nor an environmental impact
statement is required. This rule involves the establishing,
disestablishing, or changing of a safety zone. An environmental
analysis checklist and a 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), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T09-0399 to read as follows:
Sec. 165.T09-0399 Safety Zone, Kinnickinnic River Sediment Removal
Project, Milwaukee, WI.
(a) Location. All waters of the Kinnickinnic River between the West
Becher Street Bridge located at 43[deg]00'37'' N, 087[deg]54'51'' W and
the South Kinnickinnic Avenue Bridge located at 43[deg]00'29'' N,
087[deg]54'30'' W (NAD 83).
(b) Enforcement period. This regulation is enforced from 7 a.m.
local on June 12, 2009 until 11:59 p.m. on December 31, 2009. The
Captain of the Port, Sector Lake Michigan may terminate this zone at
any time.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Sector Lake Michigan, or his on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Sector Lake Michigan or his on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Sector Lake Michigan or his
on-scene representative to obtain permission to do so. The Captain of
the Port or his on-scene representative may be contacted via VHF
Channel 16. Vessel operators given permission to enter or operate in
the safety zone must comply with all directions given to them by the
Captain of the Port Sector Lake Michigan or his on-scene
representative.
Dated: June 12, 2009.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. E9-15953 Filed 7-6-09; 8:45 am]
BILLING CODE 4910-15-P