Safety Zone; Fincantieri Blasting Project; Menominee River, Menominee, MI and Marinette, WI, 12887-12889 [2021-04553]
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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules
5. On page 4605, the third column, in
§ 1.1297–4, the seventh line from the
bottom of paragraph (f)(6)(ii), the
language ‘‘IFRS’’ is corrected to read
‘‘IFRS,’’.
■ 6. On page 4605, the third column, in
§ 1.1297–4, the third line from the
bottom of paragraph (f)(6)(iii), the
language ‘‘IFRS’’ is corrected to read
‘‘IFRS,’’.
■
§ 1.1297–5
[Corrected]
7. On page 4606, the third column, in
§ 1.1297–5, the third line from the
bottom of paragraph (c)(2)(I)(E), the
language ‘‘timeline’’ is corrected to read
‘‘timeline,’’.
■ 8. On page 4607, the third column, in
§ 1.1297–5, the fifth line from the top of
paragraph (f)(3), the language ‘‘reserves’’
is corrected to read ‘‘reserves,’’.
■ 9. On page 4607, in the third column,
in § 1.1297–5, the fourth line from the
top of the first partial paragraph (f)(4),
the language ‘‘management’’ is corrected
to read ‘‘management,’’.
■ 10. On page 4607, the third column,
in § 1.1297–5, the second line from the
bottom of paragraph (f)(5), the language
‘‘annuity’’ is corrected to read
‘‘annuity,’’.
■ 11. On page 4607, the third column,
in § 1.1297–5, the second line from the
top of paragraph (f)(7), the language
‘‘marketing’’ is corrected to read
‘‘marketing,’’.
■
Crystal Pemberton,
Senior Federal Register Liaison, Legal
Processing Division, Associate Chief Counsel,
(Procedure and Administration).
[FR Doc. 2021–04542 Filed 3–4–21; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
33 CFR Part 165
[Docket Number USCG–2021–0083]
II. Background, Purpose, and Legal
Basis
RIN 1625–AA00
Safety Zone; Fincantieri Blasting
Project; Menominee River, Menominee,
MI and Marinette, WI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
jbell on DSKJLSW7X2PROD with PROPOSALS
The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of the Menominee River
in Marinette, WI within 1000 feet of a
blasting area. This action is necessary to
provide for the safety of life on these
navigable waters during the daily
blasting at the southern bank of the
SUMMARY:
VerDate Sep<11>2014
19:49 Mar 04, 2021
If
you have questions about this proposed
rulemaking, call or email Chief Petty
Officer Jeromy Sherrill, Sector Lake
Michigan Waterways Management
Division, U.S. Coast Guard; telephone
414–747–7148, email
Jeromy.N.Sherrill@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
Coast Guard
ACTION:
Menominee River near the Fincantieri
Marinette Marine facility. This proposed
rulemaking would restrict usage by
persons and vessels within the safety
zone. At no time during the effective
period may vessels or person pass
between the construction barges and
southern bank of Menominee River.
Also during the entire effective period,
vessels are prohibit from transiting the
safety zone at speeds that would create
a wake. Additionally, during blasting
operations, lasting approximately 15
minutes each evening, no person or
vessel may enter the safety zone. These
restrictions would apply to all vessels
during the effective period unless
authorized by the Captain of the Port
Lake Michigan or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 22, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0083 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
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On February 26, 2021, Roen Salvage
Company notified the Coast Guard that
it will be conducting daily blasting
operations beginning April 1, 2021 to
November 30, 2021, for an approximate
15 minute period occurring between
3:30 to 5:30 p.m. in conjunction with a
construction project. The blasting will
take place on the southern bank of the
Menominee River near the Fincantieri
Marinette Marine facility. The Captain
of the Port Sector Lake Michigan (COTP)
has determined that potential hazards
associated with the blasting would be a
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Fmt 4702
Sfmt 4702
12887
safety concern for anyone within a 1000
foot radius of the blasting site.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 1000-foot
radius of the blasting site before, during,
and after the scheduled event. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).]
The Coast Guard is issuing this
temporary rule with an abridged 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 undertaking a thirty-day comment
period with respect to this rule because
the Coast Guard received details of these
operations with insufficient time
remaining to undergo a full thirty-day
comment period. While it is
impracticable to undergo a full thirtyday comment period and still protect
the public from the hazards associated
with these operations, the Coast Guard
invites comments for the next fifteen
days.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable for the
same reason stated above—immediate
action is needed to respond to the
potential safety hazards associated with
the daily blasting.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone lasting from April 1, 2021 to
November 30, 2021 for an approximate
15 minute period occurring daily
between 3:30 to 5:30 p.m. The safety
zone would cover all navigable waters
within 1000 foot radius of the blasting
site which will be on the southern bank
of the Menominee River at the
Fincantieri Ship Yard in Marinette, WI.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the daily blasting event. No vessel
or person would be permitted to enter
the safety zone during blasting
operations. During non-blasting times,
no vessels would be permitted to transit
the area at speeds that would create a
wake. Additionally, no vessels would be
permitted to transit between the
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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules
construction barges and the southern
bank of the Menominee River. No
vessels or person would be allowed to
conduct the three preceeding activities
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
jbell on DSKJLSW7X2PROD with PROPOSALS
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the characteristics of the
safety zone. The safety zone created by
this proposed rule will relatively small
and is designed to minimize its impact
on navigable waters. This proposed rule
will prohibit entry into certain
navigable waters of the Menominee
River in Marinette, WI, and it is not
anticipated to exceed 15 minutes in
duration each day. During non-blasting
operation vessels would be allowed to
enter the safety zone at speeds that do
not create a wake. Additionally, the
exclusion area between the construction
barges and southern bank of the river is
small and allows for plenty of space
within the channel for vessels to transit
the area north of the construction
barges. Thus, restrictions on vessel
movement within that particular area
are expected to be minimal. Moreover,
under certain conditions vessels may
still transit through the safety zone
when permitted by the COTP Lake
Michigan.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
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19:49 Mar 04, 2021
Jkt 253001
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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
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Fmt 4702
Sfmt 4702
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
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 proposed
rule involves a safety zone that would
prohibit vessels from passing through a
small area located between the
construction barges and the southern
bank of the Menominee River, would
prohibit entry into the all navigable
waters within a 1000 foot radius of the
construction barges for a maximum of
15 minutes per day during blasting
activities, and would prohibit vessels
from transiting the safety zone at speeds
that would create a wake. Normally
such actions are categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Proposed Rules
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
Department of Homeland Security Delegation
No. 0170.1
ENVIRONMENTAL PROTECTION
AGENCY
2. Add § 165.T09–0083 to read as
follows:
40 CFR Part 52
V. Public Participation and Request for
Comments
(a) Location. All navigable waters of
the Menominee River within 1000 feet
of the blast area on the southern bank
of the river at coordinates
43.0705000°N, 086.2346667°.
(b) Enforcement Period. The safety
zone portion of the regulated area
described in paragraph (a) of this
section is effective for 15 minutes
between 3:30 p.m. and 5:30 p.m. each
evening from April 1 to November 30,
2021. The part of the safety zone
between the construction barges and the
southern bank of the river, and the nowake zone portion of the regulated area
described in paragraph (a) of this
section will be in effect continuously
from April 1 to November 30, 2021.
(c) Regulations.
(1) In accordance with the general
regulations in section § 165.23, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Lake Michigan (COTP) or a designated
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) The ‘‘designated representative’’ of
the COTP is any Coast Guard
commissioned, warrant, or petty officer
who has been designated by the COTP
to act on his or her behalf.
(4) Persons and vessel operators
desiring to enter or operate within the
safety zone during blasting operations,
or at speeds that would create a wake,
must contact the COTP or an on-scene
representative to obtain permission to
do so. The COTP or an 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 COTP or
an on-scene representative.
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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:
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12889
■
§ 165.T09–0035 Safety Zone; Blasting
Project; Menominee River, Marinette, WI.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Dated: March 1, 2021.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
1. The authority citation for part 165
continues to read as follows:
[FR Doc. 2021–04553 Filed 3–4–21; 8:45 am]
■
BILLING CODE 9110–04–P
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
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19:49 Mar 04, 2021
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[EPA–R09–OAR –2021–0134; FRL–10020–
93-Region 9]
Air Plan Approval; Arizona; Pinal
County Air Quality Control District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Pinal County Air
Quality Control District (PCAQCD or
District) portion of the Arizona State
Implementation Plan (SIP). These
revisions concern the District’s negative
declarations for the 2008 8-hour ozone
National Ambient Air Quality Standards
(NAAQS or ‘‘standards’’) in the portion
of the Phoenix-Mesa ozone
nonattainment area under the
jurisdiction of the PCAQCD and two
volatile organic compound (VOC) rules
covering gasoline dispensing and
surface coating operations. We are
proposing to approve local rules to
regulate these emission sources under
the Clean Air Act (CAA or the Act). We
are taking comments on this proposal
and plan to follow with a final action.
DATES: Comments must be received on
or before April 5, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2021–0134 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Proposed Rules]
[Pages 12887-12889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04553]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0083]
RIN 1625-AA00
Safety Zone; Fincantieri Blasting Project; Menominee River,
Menominee, MI and Marinette, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Menominee River in Marinette, WI within
1000 feet of a blasting area. This action is necessary to provide for
the safety of life on these navigable waters during the daily blasting
at the southern bank of the Menominee River near the Fincantieri
Marinette Marine facility. This proposed rulemaking would restrict
usage by persons and vessels within the safety zone. At no time during
the effective period may vessels or person pass between the
construction barges and southern bank of Menominee River. Also during
the entire effective period, vessels are prohibit from transiting the
safety zone at speeds that would create a wake. Additionally, during
blasting operations, lasting approximately 15 minutes each evening, no
person or vessel may enter the safety zone. These restrictions would
apply to all vessels during the effective period unless authorized by
the Captain of the Port Lake Michigan or a designated representative.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before March 22, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0083 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Chief Petty Officer Jeromy Sherrill,
Sector Lake Michigan Waterways Management Division, U.S. Coast Guard;
telephone 414-747-7148, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On February 26, 2021, Roen Salvage Company notified the Coast Guard
that it will be conducting daily blasting operations beginning April 1,
2021 to November 30, 2021, for an approximate 15 minute period
occurring between 3:30 to 5:30 p.m. in conjunction with a construction
project. The blasting will take place on the southern bank of the
Menominee River near the Fincantieri Marinette Marine facility. The
Captain of the Port Sector Lake Michigan (COTP) has determined that
potential hazards associated with the blasting would be a safety
concern for anyone within a 1000 foot radius of the blasting site.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 1000-foot radius of the blasting site
before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).]
The Coast Guard is issuing this temporary rule with an abridged
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 undertaking a thirty-day comment period with respect to
this rule because the Coast Guard received details of these operations
with insufficient time remaining to undergo a full thirty-day comment
period. While it is impracticable to undergo a full thirty-day comment
period and still protect the public from the hazards associated with
these operations, the Coast Guard invites comments for the next fifteen
days.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable for the same reason stated above--
immediate action is needed to respond to the potential safety hazards
associated with the daily blasting.
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone lasting from April
1, 2021 to November 30, 2021 for an approximate 15 minute period
occurring daily between 3:30 to 5:30 p.m. The safety zone would cover
all navigable waters within 1000 foot radius of the blasting site which
will be on the southern bank of the Menominee River at the Fincantieri
Ship Yard in Marinette, WI. The duration of the zone is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the daily blasting event. No vessel or person would be
permitted to enter the safety zone during blasting operations. During
non-blasting times, no vessels would be permitted to transit the area
at speeds that would create a wake. Additionally, no vessels would be
permitted to transit between the
[[Page 12888]]
construction barges and the southern bank of the Menominee River. No
vessels or person would be allowed to conduct the three preceeding
activities without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the
characteristics of the safety zone. The safety zone created by this
proposed rule will relatively small and is designed to minimize its
impact on navigable waters. This proposed rule will prohibit entry into
certain navigable waters of the Menominee River in Marinette, WI, and
it is not anticipated to exceed 15 minutes in duration each day. During
non-blasting operation vessels would be allowed to enter the safety
zone at speeds that do not create a wake. Additionally, the exclusion
area between the construction barges and southern bank of the river is
small and allows for plenty of space within the channel for vessels to
transit the area north of the construction barges. Thus, restrictions
on vessel movement within that particular area are expected to be
minimal. Moreover, under certain conditions vessels may still transit
through the safety zone when permitted by the COTP Lake Michigan.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves a safety
zone that would prohibit vessels from passing through a small area
located between the construction barges and the southern bank of the
Menominee River, would prohibit entry into the all navigable waters
within a 1000 foot radius of the construction barges for a maximum of
15 minutes per day during blasting activities, and would prohibit
vessels from transiting the safety zone at speeds that would create a
wake. Normally such actions are categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
[[Page 12889]]
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1
0
2. Add Sec. 165.T09-0083 to read as follows:
Sec. 165.T09-0035 Safety Zone; Blasting Project; Menominee River,
Marinette, WI.
(a) Location. All navigable waters of the Menominee River within
1000 feet of the blast area on the southern bank of the river at
coordinates 43.0705000[deg]N, 086.2346667[deg].
(b) Enforcement Period. The safety zone portion of the regulated
area described in paragraph (a) of this section is effective for 15
minutes between 3:30 p.m. and 5:30 p.m. each evening from April 1 to
November 30, 2021. The part of the safety zone between the construction
barges and the southern bank of the river, and the no-wake zone portion
of the regulated area described in paragraph (a) of this section will
be in effect continuously from April 1 to November 30, 2021.
(c) Regulations.
(1) In accordance with the general regulations in section Sec.
165.23, entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
(COTP) or a designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
(3) The ``designated representative'' of the COTP is any Coast
Guard commissioned, warrant, or petty officer who has been designated
by the COTP to act on his or her behalf.
(4) Persons and vessel operators desiring to enter or operate
within the safety zone during blasting operations, or at speeds that
would create a wake, must contact the COTP or an on-scene
representative to obtain permission to do so. The COTP or an 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 COTP or an on-scene
representative.
Dated: March 1, 2021.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2021-04553 Filed 3-4-21; 8:45 am]
BILLING CODE 9110-04-P
