Safety Zone; Fincantieri Blasting Project; Menominee River, Menominee, MI and Marinette, WI, 27520-27523 [2021-10775]
Download as PDF
<![CDATA[
27520
Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations
This regulatory action determination
is based on the ability that vessels can
still transit the bridge given advanced
notice. Vessels that can transit under the
bridge without an opening may do so at
any time.
B. Impact on Small Entities
jbell on DSKJLSW7X2PROD with RULES
The Regulatory Flexibility Act of 1980
(RFA), 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 received zero
comments from the Small Business
Administration on this rule. 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.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section V.A above, this rule
will not have a significant economic
impact on any vessel owner or operator.
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.
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.
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
VerDate Sep<11>2014
16:03 May 20, 2021
Jkt 253001
D. Federalism and Indian Tribal
Government
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, Rev.1,
associated implementing instructions,
and Environmental Planning Policy
COMDTINST 5090.1 (series) which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f). The Coast Guard has 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
promulgates the operating regulations or
procedures for drawbridges and is
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table 3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
G. 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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
2. Amend § 117.371 by revising
paragraphs (a) and (b) to read as follows:
■
§ 117.371
Savannah River.
(a) The draw of the Houlihan (US 17)
Bridge, mile 21.6 at Port Wentworth,
Georgia, shall open if at least a 24-hour
advance notice is given. Openings can
be arranged by contacting Georgia
Department of Transportation Savannah
Area Office at 1–912–651–2144.
(b) The draw of the CSX
Transportation Railroad Bridge, mile
27.4 near Hardeeville, South Carolina,
shall open if at least a 24-hour advance
notice is given. Openings can be
arranged by contacting CSX
Transportation at 1–800–232–0144.
*
*
*
*
*
Dated: May 17, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander
Seventh Coast Guard District.
[FR Doc. 2021–10739 Filed 5–20–21; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
E:\FR\FM\21MYR1.SGM
21MYR1
Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Menominee River
in Marinette, WI within 1,000 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
rulemaking will restrict usage by
persons and vessels within the safety
zone. At no time during the effective
period may a vessel or person pass
between the construction barges and
southern bank of Menominee River.
Also during the entire effective period,
all vessels and persons are prohibited
from transiting the safety zone at speeds
that would create a wake. Additionally,
during blasting operations, lasting
approximately 15 minutes each evening,
no vessel or persons may enter the
safety zone. These restrictions would
apply to all vessels and persons during
the effective period unless authorized
by the Captain of the Port Lake
Michigan or a designated representative.
DATES: This rule is effective without
actual notice from May 21, 2021 through
November 30, 2021. For the purposes of
enforcement, actual notice will be used
from May 10, 2021 until May 21, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0083 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, 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:
SUMMARY:
I. Table of Abbreviations
jbell on DSKJLSW7X2PROD with RULES
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
II. Background Information and
Regulatory History
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 p.m. to 5:30 p.m. in conjunction
with a construction project. The blasting
will take place on the southern bank of
VerDate Sep<11>2014
16:03 May 20, 2021
Jkt 253001
the Menominee River near the
Fincantieri Marinette Marine facility.
The Captain of the Port Lake Michigan
(COTP) has determined that potential
hazards associated with the blasting
would be a safety concern for anyone
within a 1,000 foot radius of the blasting
site. The purpose of this rulemaking is
to ensure the safety of vessels and the
navigable waters within a 1,000-foot
radius of the blasting site before, during,
and after the scheduled event.
In response, the Coast Guard
published a Notice of Proposed
Rulemaking (NPRM) entitled Safety
Zone; Fincantieri Blasting Project;
Menominee River, Menominee, MI and
Marinette, WI (86 FR 12887). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to this project.
During the comment period that ended
March 22, 2021, we received 00
comments opposed to the regulatory
action.
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
because immediate action is needed to
respond to the potential safety hazards
associated with the daily blasting.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Lake Michigan
(COTP) has determined that a safety
zone would mitigate the potential
hazards associated with the blasting
project. The safety zone will last from
May 10, 2021 to November 30, 2021 for
an approximate 15 minute period
occurring daily between 3:30 p.m. to
5:30 p.m. The safety zone will cover all
navigable waters within 1,000 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 persons will
be permitted to enter the safety zone
during blasting operations. During nonblasting times, no vessel or persons will
be permitted to transit the area at speeds
that would create a wake. Additionally,
no vessel or persons will be permitted
to transit between the construction
barges and the southern bank of the
Menominee River. No vessel or persons
will be allowed to conduct the three
preceding activities without obtaining
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
27521
permission from the COTP Lake
Michigan or a designated representative.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments opposed to our NPRM
published on March 4, 2021. The only
change in the regulatory text of this rule
from the proposed rule is the delay in
the project’s start date from April, 2021
to May 10, 2021. The delayed start date
is due to operational delays with the
construction company. The project end
date is unchanged.
This rule establishes a safety zone
lasting from May 10, 2021 to November
30, 2021 for an approximate 15 minute
period occurring daily between 3:30
p.m. to 5:30 p.m. The safety zone will
cover all navigable waters within 1,000
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 persons will be permitted to enter the
safety zone during blasting operations.
During non-blasting times, no vessel or
persons will be permitted to transit the
area at speeds that would create a wake.
Additionally, no vessel or persons will
be permitted to transit between the
construction barges and the southern
bank of the Menominee River. No vessel
or persons will be allowed to conduct
the three preceding activities without
obtaining permission from the COTP
Lake Michigan or a designated
representative.
V. Regulatory Analyses
We developed this 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 rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule 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
E:\FR\FM\21MYR1.SGM
21MYR1
27522
Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
this rule will be relatively small and is
designed to minimize its impact on
navigable waters. This 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 operations, vessels and
persons will 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 and persons 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 received 00 comments
from the Small Business Administration
on this rulemaking. 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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
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
VerDate Sep<11>2014
16:03 May 20, 2021
Jkt 253001
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.
C. 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).
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 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 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.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this 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
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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 a safety
zone that would prohibit vessels and
persons 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
1,000 foot radius of the construction
barges for a maximum of 15 minutes per
day during blasting activities, and
would prohibit vessels and persons
from transiting the safety zone at speeds
that would create a wake. It is
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
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.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
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.
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
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.
2. Add § 165.T09–0083 to read as
follows:
■
§ 165.T09–0035 Safety Zone; Blasting
Project; Menominee River, Marinette, WI.
(a) Location. All navigable waters of
the Menominee River within 1,000 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) is effective
E:\FR\FM\21MYR1.SGM
21MYR1
Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations
for 15 minutes between 3:30 p.m. and
5:30 p.m. each evening without actual
notice from May 21, 2021 through
November 30, 2021. For the purposes of
enforcement, actual notice will be used
from May 10, 2021 until May 21, 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) will be in effect
continuously without actual notice from
May 21, 2021 through November 30,
2021. For the purposes of enforcement,
actual notice will be used from May 10,
2021 until May 21, 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
vessels and persons, except as may be
permitted by the COTP or a designated
representative.
(3) The ‘‘designated representative’’ of
the COTP Lake Michigan 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 Lake Michigan
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 Lake Michigan or an on-scene
representative.
Dated: May 17, 2021.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2021–10775 Filed 5–20–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
jbell on DSKJLSW7X2PROD with RULES
33 CFR Part 165
[Docket No. USCG–2021–0319]
Safety Zone; Southern California
Annual Fireworks for the San Diego
Captain of the Port Zone
AGENCY:
Coast Guard, DHS.
VerDate Sep<11>2014
16:03 May 20, 2021
Jkt 253001
Notice of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
the safety zone for the Coronado
Glorietta Bay Fourth of July Fireworks
on the waters of Glorietta Bay, CA on
Sunday, July 4, 2021. The safety zone is
necessary to provide for the safety of the
participants, spectators, official vessels
of the event, and general users of the
waterway. Our regulation for the
Southern California Annual Firework
Events for the San Diego Captain of the
Port Zone identifies the regulated area
for this event. During the enforcement
period, no spectators shall anchor,
block, loiter in, or impede the transit of
official patrol vessels in the regulated
area without the approval of the Captain
of the Port, or his designated
representative.
DATES: The regulations in 33 CFR
165.1123 will be enforced for the
location identified in Item 3 of Table 1
to § 165.1123 from 8 p.m. until 10 p.m.
on July 4, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this publication,
call or email Lieutenant John Santorum,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; telephone
619–278–7656, email MarineEventsSD@
uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone
regulation in 33 CFR 165.1123 for, for
the Coronado Glorietta Bay Fourth of
July Fireworks regulated area described
in Table 1, Item 3 of that section from
8 p.m. until 10 p.m. on July 4, 2021.
This action is being taken to provide for
the safety of life on navigable waterways
during the fireworks event. Our
regulation for Southern California
Annual Firework Events for the San
Diego Captain of the Port Zone,
§ 165.1123, identifies the regulated area
for the Coronado Glorietta Bay Fourth of
July Fireworks event which
encompasses a portion of Glorietta Bay.
Under the provisions of § 165.1123, a
vessel may not enter the regulated area,
unless it receives permission from the
Captain of the Port, or his designated
representative. Spectator vessels may
safely transit outside the regulated area
but may not anchor, block, loiter, or
impede the transit of participants or
official patrol vessels. The Coast Guard
may be assisted by other Federal, State,
or Local law enforcement agencies in
enforcing this regulation.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners, marine
SUMMARY:
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
27523
information broadcasts, and local
advertising by the event sponsor.
If the Captain of the Port or his
designated representative determines
that the regulated area need not be
enforced for the full duration stated on
this document, he or she may use a
Broadcast Notice to Mariners or other
communications coordinated with the
event sponsor to grant general
permission to enter the regulated area.
Dated: May 14, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2021–10741 Filed 5–20–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0321]
Safety Zone; Southern California
Annual Firework Events for the San
Diego Captain of the Port Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zones for the Big Bay Boom
Fourth of July Fireworks on the waters
of San Diego Bay, CA on Sunday, July
4, 2021. The safety zones are necessary
to provide for the safety of the
participants, spectators, official vessels
of the event, and general users of the
waterway. Our regulation for the
Southern California Annual Firework
Events for the San Diego Captain of the
Port Zone identifies the regulated areas
for this event. During the enforcement
period, no spectators shall anchor,
block, loiter in, or impede the transit of
official patrol vessels in the regulated
areas without the approval of the
Captain of the Port, or his designated
representative.
SUMMARY:
The regulations in 33 CFR
165.1123 will be enforced for the Big
Bay Boom Fourth of July Fireworks
regulated areas listed in item 5 in the
table to § 165.1123 from 8 p.m. until 10
p.m. on July 4, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Lieutenant
John Santorum, Waterways
Management, U.S. Coast Guard Sector
San Diego, CA; telephone 619–278–
7656, email MarineEventsSD@uscg.mil.
DATES:
E:\FR\FM\21MYR1.SGM
21MYR1
]]>Agencies
[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Rules and Regulations]
[Pages 27520-27523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10775]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
[[Page 27521]]
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Menominee River in Marinette, WI within 1,000
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 rulemaking will restrict usage by persons and
vessels within the safety zone. At no time during the effective period
may a vessel or person pass between the construction barges and
southern bank of Menominee River. Also during the entire effective
period, all vessels and persons are prohibited from transiting the
safety zone at speeds that would create a wake. Additionally, during
blasting operations, lasting approximately 15 minutes each evening, no
vessel or persons may enter the safety zone. These restrictions would
apply to all vessels and persons during the effective period unless
authorized by the Captain of the Port Lake Michigan or a designated
representative.
DATES: This rule is effective without actual notice from May 21, 2021
through November 30, 2021. For the purposes of enforcement, actual
notice will be used from May 10, 2021 until May 21, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0083 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
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 Information and Regulatory History
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 p.m. 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 Lake Michigan (COTP) has determined that
potential hazards associated with the blasting would be a safety
concern for anyone within a 1,000 foot radius of the blasting site. The
purpose of this rulemaking is to ensure the safety of vessels and the
navigable waters within a 1,000-foot radius of the blasting site
before, during, and after the scheduled event.
In response, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled Safety Zone; Fincantieri Blasting Project;
Menominee River, Menominee, MI and Marinette, WI (86 FR 12887). There
we stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this project. During the comment period
that ended March 22, 2021, we received 00 comments opposed to the
regulatory action.
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 because immediate action is needed to
respond to the potential safety hazards associated with the daily
blasting.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Lake
Michigan (COTP) has determined that a safety zone would mitigate the
potential hazards associated with the blasting project. The safety zone
will last from May 10, 2021 to November 30, 2021 for an approximate 15
minute period occurring daily between 3:30 p.m. to 5:30 p.m. The safety
zone will cover all navigable waters within 1,000 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
persons will be permitted to enter the safety zone during blasting
operations. During non-blasting times, no vessel or persons will be
permitted to transit the area at speeds that would create a wake.
Additionally, no vessel or persons will be permitted to transit between
the construction barges and the southern bank of the Menominee River.
No vessel or persons will be allowed to conduct the three preceding
activities without obtaining permission from the COTP Lake Michigan or
a designated representative.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments opposed to our NPRM
published on March 4, 2021. The only change in the regulatory text of
this rule from the proposed rule is the delay in the project's start
date from April, 2021 to May 10, 2021. The delayed start date is due to
operational delays with the construction company. The project end date
is unchanged.
This rule establishes a safety zone lasting from May 10, 2021 to
November 30, 2021 for an approximate 15 minute period occurring daily
between 3:30 p.m. to 5:30 p.m. The safety zone will cover all navigable
waters within 1,000 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 persons will be permitted to
enter the safety zone during blasting operations. During non-blasting
times, no vessel or persons will be permitted to transit the area at
speeds that would create a wake. Additionally, no vessel or persons
will be permitted to transit between the construction barges and the
southern bank of the Menominee River. No vessel or persons will be
allowed to conduct the three preceding activities without obtaining
permission from the COTP Lake Michigan or a designated representative.
V. Regulatory Analyses
We developed this 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule 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
[[Page 27522]]
this rule will be relatively small and is designed to minimize its
impact on navigable waters. This 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 operations, vessels and persons will 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 and
persons 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 received 00 comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
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 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 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 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 a
safety zone that would prohibit vessels and persons 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 1,000 foot radius of the construction barges
for a maximum of 15 minutes per day during blasting activities, and
would prohibit vessels and persons from transiting the safety zone at
speeds that would create a wake. It is 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 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.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
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.
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
1,000 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) is effective
[[Page 27523]]
for 15 minutes between 3:30 p.m. and 5:30 p.m. each evening without
actual notice from May 21, 2021 through November 30, 2021. For the
purposes of enforcement, actual notice will be used from May 10, 2021
until May 21, 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) will be
in effect continuously without actual notice from May 21, 2021 through
November 30, 2021. For the purposes of enforcement, actual notice will
be used from May 10, 2021 until May 21, 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 vessels and persons, except
as may be permitted by the COTP or a designated representative.
(3) The ``designated representative'' of the COTP Lake Michigan 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 Lake Michigan 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 Lake Michigan or an on-
scene representative.
Dated: May 17, 2021.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2021-10775 Filed 5-20-21; 8:45 am]
BILLING CODE 9110-04-P
