Safety Zone; Vessel Launch; Menominee River; Marinette, WI, 76751-76753 [2013-30173]
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Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations
bridge provides 50 feet of vertical
clearance in the raised position, 10 feet
of vertical clearance in the closed
position and 80 feet of horizontal
clearance. Reference plan is mean high
water elevation of 12.2 feet. The normal
operation schedule falls under 33 CFR
§ 117.5 which states ‘‘Except as
otherwise authorized or required by this
part, drawbridges must open promptly
and fully for the passage of vessels
when a request or signal to open is
given in accordance with this subpart.’’
This deviation period is effective from
8 a.m. on January 6, 2014 to 5 p.m. on
February 19, 2014. The deviation is
necessary for BNSF to perform
maintenance and upgrade items to this
vertical lift bridge including
replacement of a link pin bearing in the
lift system, replacing lower racks for the
counterweight and conducting signal
system upgrades in support of Positive
Train Control requirements per the Rail
Safety Improvement Act of 2008. This
will require locking the bridge in the
closed position and locking out the
power to the drive system while the
work is conducted.
Vessels able to pass through the
bridge in the closed positions may do so
at anytime. The bridge will not be able
to open for emergencies and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessels can arrange
their transits to minimize any impact
caused by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: December 9, 2013.
Steven M. Fischer,
Thirteenth Coast Guard District, Bridge
Administrator.
[FR Doc. 2013–30219 Filed 12–18–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–1012]
RIN 1625–AA00
Safety Zone; Vessel Launch;
Menominee River; Marinette, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Menominee River in Marinette,
Wisconsin. This zone is intended to
restrict vessels from a portion of the
Menominee River during the launching
of a 400-foot vessel from Marinette
Marine Corporation on December 18,
2013. This temporary safety zone is
necessary to protect the surrounding
public and vessels from the hazards
associated with the launching of a large
vessel.
DATES: This rule is effective and will be
enforced from 12:45 p.m. until 3:15 p.m.
on December 18, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–1012. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, contact or email MST1 Joseph
McCollum, U.S. Coast Guard Sector
Lake Michigan, at 414–747–7148 or
Joseph.P.McCollum@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
pmangrum on DSK3VPTVN1PROD with RULES
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
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15:16 Dec 18, 2013
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76751
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 an
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest. The final
details for this event were not known to
the Coast Guard until there was
insufficient time remaining before the
event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be both impracticable and contrary to
the public interest because it would
inhibit the Coast Guard’s ability to
protect spectators and vessels from the
hazards associated with the launch of a
large vessel, which are discussed further
below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register for the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and limited
access areas: 33 U.S.C. 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,
160.5; Public Law 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1.
On December 18, 2013 a 400-foot
vessel will be launched from Marinette
Marine Corporation to the waters of the
Menominee River. This event will take
place in Marinette, WI. The Captain of
the Port, Lake Michigan, has determined
that this launching will pose a
significant risk to public safety and
property. Such hazards include the
creation of a large wake as the vessel
enters the water, and the collision of the
launched vessel with other vessels in
the water.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port, Lake
Michigan, has determined that this
temporary safety zone is necessary to
ensure the safety of spectators and
vessels during the launch. This zone
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Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations
will be effective and enforced from
12:45 p.m. until 3:15 p.m. on December
18, 2013. The safety zone will
encompass all waters of the Menominee
River in the vicinity of Marinette Marine
Corporation, between the Bridge Street
Bridge located in position 45°06′12″ N,
087°37′34″ W and a line crossing the
Menominee River perpendicularly
passing through position 45°05′57″ N,
087°36′43″ W, in the vicinity of the
Ansul Company (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port, Lake Michigan, or his designated
on-scene representative. The Captain of
the Port or his designated on-scene
representative may be contacted via
VHF Channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
pmangrum on DSK3VPTVN1PROD with RULES
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We conclude that this rule is not a
significant regulatory action because we
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be small
and enforced for a limited time on one
day in December, 2013. Under certain
conditions, moreover, vessels may still
transit through the safety zone when
permitted by the Captain of the Port.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this temporary rule on
small entities. 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
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15:16 Dec 18, 2013
Jkt 232001
entities. This rule will affect the
following entities, some of which might
be small entities: The owners or
operators of vessels intending to transit
or anchor in a portion of Menominee
River, Marinette, WI, on December 18,
2013.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the reasons cited in the Regulatory
Planning and Review section.
Additionally, before the enforcement of
this zone, we would issue local
Broadcast Notice to Mariners so vessel
owners and operators can plan
accordingly.
3. Assistance for Small Entities
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 contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above.
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.
4. 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).
5. Federalism
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
determined that this rule does not have
implications for federalism.
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6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
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Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 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 the
establishment of a safety zone and
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Dated: December 9, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
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:
[FR Doc. 2013–30173 Filed 12–18–13; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 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 § 165.T09–1012 to read as
follows:
pmangrum on DSK3VPTVN1PROD with RULES
■
§ 165.T09–1012 Safety Zone; Vessel
Launch; Menominee River; Marinette, WI.
Jkt 232001
[EPA–HQ–OAR–2007–0011; FRL–9904–06–
OAR]
RIN 2060–AS03
Standards of Performance for
Petroleum Refineries for Which
Construction, Reconstruction, or
Modification Commenced After May 14,
2007
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
(a) Location. All waters of the
Menominee River in the vicinity of
Marinette Marine Corporation, between
the Bridge Street Bridge located in
position 45°06′12″ N, 087°37′34″ W and
a line crossing the river perpendicularly
passing through position 45°05′57″ N,
15:16 Dec 18, 2013
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
1. The authority citation for part 165
continues to read as follows:
■
VerDate Mar<15>2010
087°36′43″ W, in the vicinity of the
Ansul Company (NAD 83).
(b) Effective and Enforcement Period.
This zone will be effective and enforced
from 12:45 p.m. until 3:15 p.m. on
December 18, 2013.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port, Lake Michigan or
his designated on-scene representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Lake Michigan or his designated onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Lake Michigan,
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port,
Lake Michigan, to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Lake
Michigan, or his on-scene representative
to obtain permission to do so. The
Captain of the Port, Lake Michigan, 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, Lake Michigan, or
his on-scene representative.
The Environmental Protection
Agency (EPA) is taking direct final
action to amend the Standards of
Performance for Petroleum Refineries
for Which Construction, Reconstruction,
SUMMARY:
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76753
or Modification Commenced After May
14, 2007. This direct final rule amends
the definition of ‘‘delayed coking unit’’
by removing process piping and
associated equipment (pumps, valves,
and connectors) from the definition.
This final rule also removes a redundant
definition of ‘‘delayed coking unit’’ from
the rule text.
DATES: This rule is effective on March
19, 2014 without further notice, unless
the EPA receives adverse comment by
February 3, 2014. If the EPA receives
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that some
or all of the amendments in the final
rule will not take effect.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID
Number EPA–HQ–OAR–2007–0011, by
one of the following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• Email: a-and-r-docket@epa.gov.
Attention Docket ID Number EPA–HQ–
OAR–2007–0011.
• Fax: (202) 566–9744. Attention
Docket ID Number EPA–HQ–OAR–
2007–0011.
• Mail: U.S. Postal Service, send
comments to: EPA Docket Center, EPA
West (Air Docket), Attention Docket ID
Number EPA–HQ–OAR–2007–0011,
U.S. Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
Please include a total of two copies.
• Hand Delivery: U.S. Environmental
Protection Agency, EPA West (Air
Docket), Room 3334, 1301 Constitution
Ave. NW., Washington, DC 20004.
Attention Docket ID Number EPA–HQ–
OAR–2007–0011. Such deliveries are
only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions. Direct your comments to
Docket ID Number EPA–HQ–OAR–
2007–0011. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be confidential
business information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means the EPA will not know your
E:\FR\FM\19DER1.SGM
19DER1
]]>Agencies
[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Rules and Regulations]
[Pages 76751-76753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30173]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-1012]
RIN 1625-AA00
Safety Zone; Vessel Launch; Menominee River; Marinette, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Menominee River in Marinette, Wisconsin. This zone is intended to
restrict vessels from a portion of the Menominee River during the
launching of a 400-foot vessel from Marinette Marine Corporation on
December 18, 2013. This temporary safety zone is necessary to protect
the surrounding public and vessels from the hazards associated with the
launching of a large vessel.
DATES: This rule is effective and will be enforced from 12:45 p.m.
until 3:15 p.m. on December 18, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-1012. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at 414-747-7148 or Joseph.P.McCollum@uscg.mil. If
you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this temporary final 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 an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. The final details for this event were not known to the Coast
Guard until there was insufficient time remaining before the event to
publish an NPRM. Thus, delaying the effective date of this rule to wait
for a comment period to run would be both impracticable and contrary to
the public interest because it would inhibit the Coast Guard's ability
to protect spectators and vessels from the hazards associated with the
launch of a large vessel, which are discussed further below.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 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, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
On December 18, 2013 a 400-foot vessel will be launched from
Marinette Marine Corporation to the waters of the Menominee River. This
event will take place in Marinette, WI. The Captain of the Port, Lake
Michigan, has determined that this launching will pose a significant
risk to public safety and property. Such hazards include the creation
of a large wake as the vessel enters the water, and the collision of
the launched vessel with other vessels in the water.
C. Discussion of the Final Rule
With the aforementioned hazards in mind, the Captain of the Port,
Lake Michigan, has determined that this temporary safety zone is
necessary to ensure the safety of spectators and vessels during the
launch. This zone
[[Page 76752]]
will be effective and enforced from 12:45 p.m. until 3:15 p.m. on
December 18, 2013. The safety zone will encompass all waters of the
Menominee River in the vicinity of Marinette Marine Corporation,
between the Bridge Street Bridge located in position 45[deg]06'12'' N,
087[deg]37'34'' W and a line crossing the Menominee River
perpendicularly passing through position 45[deg]05'57'' N,
087[deg]36'43'' W, in the vicinity of the Ansul Company (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Lake Michigan,
or his designated on-scene representative. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
small and enforced for a limited time on one day in December, 2013.
Under certain conditions, moreover, vessels may still transit through
the safety zone when permitted by the Captain of the Port.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. 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 will affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of Menominee River, Marinette, WI, on
December 18, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of this zone, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations
[[Page 76753]]
That Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 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 the establishment of a safety zone and
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
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: 33 U.S.C. 1231; 46 U.S.C. Chapters 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 Sec. 165.T09-1012 to read as follows:
Sec. 165.T09-1012 Safety Zone; Vessel Launch; Menominee River;
Marinette, WI.
(a) Location. All waters of the Menominee River in the vicinity of
Marinette Marine Corporation, between the Bridge Street Bridge located
in position 45[deg]06'12'' N, 087[deg]37'34'' W and a line crossing the
river perpendicularly passing through position 45[deg]05'57'' N,
087[deg]36'43'' W, in the vicinity of the Ansul Company (NAD 83).
(b) Effective and Enforcement Period. This zone will be effective
and enforced from 12:45 p.m. until 3:15 p.m. on December 18, 2013.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
the safety zone is prohibited unless authorized by the Captain of the
Port, Lake Michigan or his designated on-scene representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Lake Michigan or his
designated on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Lake Michigan, is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Lake
Michigan, to act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Lake Michigan, or his on-
scene representative to obtain permission to do so. The Captain of the
Port, Lake Michigan, 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, Lake Michigan, or his on-scene
representative.
Dated: December 9, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-30173 Filed 12-18-13; 8:45 am]
BILLING CODE 9110-04-P
