Safety Zone; Pier Removal, WI Central Railroad Bridge, Fox River, Green Bay, WI, 65340-65342 [2014-26094]
Download as PDF
<![CDATA[
rmajette on DSK3VPTVN1PROD with RULES
65340
Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations
the closed position for 45 days to
facilitate the repairs.
DATES: This deviation is effective from
November 5, 2014 through December
19, 2014.
ADDRESSES: The docket for this
deviation, [USCG–2014–0946] is
available at 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 deviation. 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 deviation,
call or email Ms. Judy Leung-Yee,
Project Officer, First Coast Guard
District, telephone (212) 668–7165,
judy.k.leung-yee@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The Metro
North (Devon) Bridge across the
Housatonic River, mile 3.9, has a
vertical clearance in the closed position
of 19 feet at mean high water and 25 feet
at mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR 117.207(b).
The Housatonic River is transited by
commercial barges and seasonal
recreational vessel traffic.
The bridge owner, Metro North,
requested a bridge closure for 45 days to
facilitate repairs to the miter plates and
headlocks at the bridge.
Under this temporary deviation, the
Metro North (Devon) Bridge may remain
in the closed position from 10 a.m. on
November 5, 2014 through 2 p.m. on
December 19, 2014; except that, the
draw shall open on Fridays, Saturdays
and Sundays during the repair period,
after at least a 24 hour advance notice
is given.
There are no alternate routes for
vessel traffic; however, vessels that can
pass under the closed draw during this
closure may do so at any time. The
bridge may be opened in the event of an
emergency.
The Coast Guard will inform the users
of the waterways through our Local and
or Broadcast Notices to Mariners of the
change in operating schedule for the
bridges so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
VerDate Sep<11>2014
14:39 Nov 03, 2014
Jkt 235001
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: October 24, 2014.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2014–26093 Filed 11–3–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0902]
RIN 1625–AA00
Safety Zone; Pier Removal, WI Central
Railroad Bridge, Fox River, Green Bay,
WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Fox River in Green Bay, Wisconsin.
This safety zone is intended to restrict
vessels from a portion of the Fox River
due to demolition work on a railroad
bridge. This temporary safety zone is
necessary to protect the surrounding
public and vessels from the hazards
associated with the demolition work on
the railroad bridge.
DATES: This rule is effective from
November 4, 2014 until 9 p.m. on
November 30, 2014. This rule will be
enforced with actual notice from 6 a.m.
on October 25, 2014 until November 4,
2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0902. 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
SUMMARY:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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 Cheryl Collins, Program Manager,
Docket Operations, telephone 1–800–
647–5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On September 11, 2014, in response
to demolition work on the west pier of
the WI Central Railroad Bridge for
September 12 & 19, 2014, the Coast
Guard issued a Temporary final rule
(TFR) (USCG–2014–0835) entitled
Safety Zone; Bridge Demolition, Fox
River, Green Bay, WI and published it
in the Federal Register on Friday,
September 26, 2014 (79 FR 57799). On
September 16, 2014 the Coast Guard
was informed that the demolition work
will continue in October on the same
railroad bridge. The Coast Guard is
issuing this TFR to establish a safety
zone for the demolition scheduled for
October.
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. Specifically,
the Coast Guard was informed of this
demolition project on September 16,
2014. 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 persons and vessels from the
hazards associated with the bridge
demolition project, 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
E:\FR\FM\04NOR1.SGM
04NOR1
Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations
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 this rule is the
Coast Guard’s authority to establish
safety zones: 33 U.S.C. 1231; 33 CFR
1.05–1, 160.5; Department of Homeland
Security Delegation No. 0170.1.
On October 27 and 28, 2014, the Coast
Guard anticipates that blasting will take
place as part of a demolition project on
the east and central piers of the
Wisconsin Central Railroad Bridge at
mile marker 2.61 on the Fox River in
Green Bay, Wisconsin. The Captain of
the Port Lake Michigan has determined
that this demolition project involving
blasting will pose a significant risk to
public safety and property. Such
hazards include loss of life and property
in the proximity of explosives, and
collisions among transiting vessels and
contractors involved in the demolition
project.
rmajette on DSK3VPTVN1PROD with RULES
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 persons and vessels
during the demolition project in Green
Bay, Wisconsin. This rule is effective
from 6 a.m. on October 25, 2014 until
9 p.m. on November 30, 2014. This rule
will be enforced intermittently with
actual notice from 6 a.m. until 9 p.m. on
each day of October 27, 2014 and
October 28, 2014. If there is a
rescheduling of the demolition project
within this effective date range, the
Captain of the Port Lake Michigan will
establish an updated enforcement date
with a Notice of Enforcement. The
safety zone will encompass all waters of
the Fox River near Green Bay,
Wisconsin within a 1000-foot radius of
the Wisconsin Central Railroad Bridge
in approximate position 44°30′14″ N,
088°01′22″ W (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Lake Michigan or her designated
on-scene representative. The Captain of
the Port or her 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
VerDate Sep<11>2014
14:39 Nov 03, 2014
Jkt 235001
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.
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 only
impact a small area and will be enforced
for a limited duration in October and
November, 2014. Under certain
conditions, moreover, vessels may still
transit through the safety zone when
permitted by the Captain of the Port or
her designated on-scene representative.
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 the Fox River
during the times that this zone is
enforced in October and November of
2014.
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
the 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
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
65341
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, 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.
E:\FR\FM\04NOR1.SGM
04NOR1
65342
Federal Register / Vol. 79, No. 213 / Tuesday, November 4, 2014 / Rules and Regulations
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
That Significantly Affect Energy Supply,
Distribution, or Use.
rmajette on DSK3VPTVN1PROD with RULES
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
VerDate Sep<11>2014
14:39 Nov 03, 2014
Jkt 235001
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
warrant or petty officer who has been
designated by the Captain of the Port
Lake Michigan to act on her behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Lake
Michigan or her on-scene representative
to obtain permission to do so. The
Captain of the Port Lake Michigan or her
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 her
on-scene representative.
Dated: October 14, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2014–26094 Filed 11–3–14; 8:45 am]
■
1. The authority citation for part 165
continues to read as follows:
BILLING CODE 9110–04–P
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.
POSTAL SERVICE
2. Add § 165.T09–0902 to read as
follows:
■
§ 165.T09–0902 Safety Zone; Pier
Removal, WI Central Railroad Bridge, Fox
River, Green Bay, WI.
(a) Location. All waters of the Fox
River near Green Bay, Wisconsin within
a 1000-foot radius of the Wisconsin
Central Railroad Bridge in approximate
position 44°30′14″ N, 088°01′22″ W
(NAD 83).
(b) Effective and enforcement period.
This rule is effective from 6 a.m. on
October 25, 2014 until 9 p.m. on
November 30, 2014. This rule will be
enforced intermittently with actual
notice from 6 a.m. until 9 p.m. on each
day of October 27, 2014 and October 28,
2014. If there is a rescheduling of the
demolition project within this effective
date range, the Captain of the Port Lake
Michigan will establish an updated
enforcement date with a Notice of
Enforcement.
(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 Lake Michigan or her
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Lake Michigan or her designated onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Lake Michigan
is any Coast Guard commissioned,
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
39 CFR Part 601
Purchasing of Property and Services;
Supplier Debarment, Suspension, and
Ineligibility
Postal Service.TM
ACTION: Final rule.
AGENCY:
The Postal Service is revising
its regulations governing supplier
debarment, suspension, and ineligibility
to reflect that the Postal Service has
eliminated its separate list of debarred,
suspended, or ineligible suppliers, and
now uses the list maintained by the
General Services Administration (GSA)
under its System for Award
Management (SAM).
DATES: Effective date: December 4, 2014.
FOR FURTHER INFORMATION CONTACT: Paul
McGinn, 202–268–4368.
SUPPLEMENTARY INFORMATION: The Postal
Service (USPS®) is revising 39 CFR
601.113, governing supplier debarment,
suspension, and ineligibility. The Postal
Service has eliminated its own separate
list of debarred, suspended, and
ineligible suppliers, and now uses the
GSA’s System for Award Management
(SAM) to determine whether a
particular supplier is suspended,
debarred, or ineligible, and to notify the
public when the USPS suspends or
debars a supplier. Necessary changes
have been made to the language of
§ 601.113, including replacement of the
term ‘‘debarment, suspension, and
ineligibility’’ with ‘‘suspension,
debarment, and ineligibility’’ to reflect
the sequence of events followed in that
SUMMARY:
E:\FR\FM\04NOR1.SGM
04NOR1
]]>Agencies
[Federal Register Volume 79, Number 213 (Tuesday, November 4, 2014)]
[Rules and Regulations]
[Pages 65340-65342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26094]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0902]
RIN 1625-AA00
Safety Zone; Pier Removal, WI Central Railroad Bridge, Fox River,
Green Bay, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Fox River in Green Bay, Wisconsin. This safety zone is intended to
restrict vessels from a portion of the Fox River due to demolition work
on a railroad bridge. This temporary safety zone is necessary to
protect the surrounding public and vessels from the hazards associated
with the demolition work on the railroad bridge.
DATES: This rule is effective from November 4, 2014 until 9 p.m. on
November 30, 2014. This rule will be enforced with actual notice from 6
a.m. on October 25, 2014 until November 4, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0902. 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 Cheryl Collins, Program
Manager, Docket Operations, telephone 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On September 11, 2014, in response to demolition work on the west
pier of the WI Central Railroad Bridge for September 12 & 19, 2014, the
Coast Guard issued a Temporary final rule (TFR) (USCG-2014-0835)
entitled Safety Zone; Bridge Demolition, Fox River, Green Bay, WI and
published it in the Federal Register on Friday, September 26, 2014 (79
FR 57799). On September 16, 2014 the Coast Guard was informed that the
demolition work will continue in October on the same railroad bridge.
The Coast Guard is issuing this TFR to establish a safety zone for the
demolition scheduled for October.
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. Specifically, the Coast Guard was informed of this
demolition project on September 16, 2014. 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 persons and vessels from
the hazards associated with the bridge demolition project, 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
[[Page 65341]]
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 this rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
On October 27 and 28, 2014, the Coast Guard anticipates that
blasting will take place as part of a demolition project on the east
and central piers of the Wisconsin Central Railroad Bridge at mile
marker 2.61 on the Fox River in Green Bay, Wisconsin. The Captain of
the Port Lake Michigan has determined that this demolition project
involving blasting will pose a significant risk to public safety and
property. Such hazards include loss of life and property in the
proximity of explosives, and collisions among transiting vessels and
contractors involved in the demolition project.
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 persons and vessels during the
demolition project in Green Bay, Wisconsin. This rule is effective from
6 a.m. on October 25, 2014 until 9 p.m. on November 30, 2014. This rule
will be enforced intermittently with actual notice from 6 a.m. until 9
p.m. on each day of October 27, 2014 and October 28, 2014. If there is
a rescheduling of the demolition project within this effective date
range, the Captain of the Port Lake Michigan will establish an updated
enforcement date with a Notice of Enforcement. The safety zone will
encompass all waters of the Fox River near Green Bay, Wisconsin within
a 1000-foot radius of the Wisconsin Central Railroad Bridge in
approximate position 44[deg]30'14'' N, 088[deg]01'22'' W (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or her designated on-scene representative. The Captain of the Port or
her 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.
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 only
impact a small area and will be enforced for a limited duration in
October and November, 2014. Under certain conditions, moreover, vessels
may still transit through the safety zone when permitted by the Captain
of the Port or her designated on-scene representative.
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 the Fox River during the times
that this zone is enforced in October and November of 2014.
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 the 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,
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.
[[Page 65342]]
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 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.T09-0902 to read as follows:
Sec. 165.T09-0902 Safety Zone; Pier Removal, WI Central Railroad
Bridge, Fox River, Green Bay, WI.
(a) Location. All waters of the Fox River near Green Bay, Wisconsin
within a 1000-foot radius of the Wisconsin Central Railroad Bridge in
approximate position 44[deg]30'14'' N, 088[deg]01'22'' W (NAD 83).
(b) Effective and enforcement period. This rule is effective from 6
a.m. on October 25, 2014 until 9 p.m. on November 30, 2014. This rule
will be enforced intermittently with actual notice from 6 a.m. until 9
p.m. on each day of October 27, 2014 and October 28, 2014. If there is
a rescheduling of the demolition project within this effective date
range, the Captain of the Port Lake Michigan will establish an updated
enforcement date with a Notice of Enforcement.
(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 Lake Michigan or her designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or her 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
her behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Lake Michigan or her on-scene
representative to obtain permission to do so. The Captain of the Port
Lake Michigan or her 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 her on-scene representative.
Dated: October 14, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-26094 Filed 11-3-14; 8:45 am]
BILLING CODE 9110-04-P
