[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Proposed Rules]
[Pages 52781-52782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19023]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Menominee River, Marinette 
Marine Corporation Shipyard, Marinette, Wisconsin

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Army Corps of Engineers published a document in the 
Federal Register on May 24, 2011, amending its regulations to establish 
a restricted area in the Menominee River at the Marinette Marine 
Corporation Shipyard in Marinette, Wisconsin. The Corps published 
correcting amendments in the Federal Register on April 4, 2012, which 
corrected latitude and longitude coordinates and also revised 
administrative and enforcement responsibilities. The Corps is proposing 
to further amend these regulations to expand the existing restricted 
area to provide additional area of protection during the construction 
and launching of Littoral Combat Ships. The proposed expansion would 
result in temporary encroachment within the Menominee River Federal 
Navigation Channel. The regulations are necessary to provide adequate 
protection of U.S. Navy combat vessels, their materials, equipment to 
be installed therein, and crew, while located at the Marinette Marine 
Corporation Shipyard.

DATES: Written comments must be submitted on or before September 9, 
2016.

ADDRESSES: You may submit comments, identified by docket number COE-
2016-0005, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov . Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2016-0005, in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, ATTN: CECW-CO (David B. Olson), 
441 G Street NW., Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2016-0005. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
email. The regulations.gov Web site is an anonymous access system, 
which means we will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
directly to the Corps without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, we recommend that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If we cannot read your 
comment because of technical difficulties and cannot contact you for 
clarification, we may not be able to consider your comment. Electronic 
comments should avoid the use of any special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 
(202) 761-4922, or Mr. Ryan J. Huber, St. Paul District, Corps of 
Engineers, Regulatory Branch, at (651) 290-5859.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of 
the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and 
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 
U.S.C. 3), the Corps proposes to amend the restricted area regulations 
at 33 CFR part 334 by amending Sec.  334.815 to expand the previously 
established restricted area in the Menominee River, at the Marinette 
Marine Corporation Shipyard, Marinette, Wisconsin. The amendment would 
also add a provision of disestablishment whereby the restricted area 
would be disestablished by no later than November 17, 2025. By 
correspondence dated October 29, 2015, the Department of the Navy, has 
requested the Corps of Engineers to amend this restricted area.
    Pursuant to Section 14 of the Rivers and Harbors Act of 1899, 33 
U.S.C. 408 (Section 408), and in accordance with Engineer Circular (EC) 
1165-2-216, the Corps has granted approval for a ten-year occupancy 
within a portion of the federal navigation channel. The proposed 
amendment would include a provision for disestablishment of the 
restricted area no later than ten years from the date of the Section 
408 approval.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed rule is issued with respect to a military function of 
the Defense Department and the provisions of Executive Order 12866 do 
not apply.

b. Review Under the Regulatory Flexibility Act

    The proposed rule has been reviewed under the Regulatory 
Flexibility Act (Pub. L. 96-354) which requires the preparation of a 
regulatory flexibility analysis for any regulation that will have a 
significant economic impact on a substantial number of small entities 
(i.e., small businesses and small governments). The restricted area is 
necessary for security of this shipyard. Small entities can utilize 
navigable waters outside of the restricted area when the restricted 
area is activated. Unless information is obtained to the contrary 
during the public notice comment period, the Corps expects that the 
economic impact of this restricted area would have practically no 
impact on the public, no anticipated navigational hazard or 
interference with existing waterway traffic. This proposed rule if 
adopted, will have no significant economic impact on small entities.

[[Page 52782]]

c. Review Under the National Environmental Policy Act

    A preliminary draft environmental assessment has been prepared for 
this action. Due to the administrative nature of this action and 
because the intended change will only expand the existing restricted 
area by approximately 1.4 acres for a ten year period, the Corps 
expects that this regulation, if adopted, will not have a significant 
impact to the quality of the human environment and, therefore, 
preparation of an environmental impact statement will not be required. 
The environmental assessment will be finalized after the public notice 
period is closed and all comments have been received and considered. It 
may be reviewed at the District office listed at the end of the FOR 
FURTHER INFORMATION CONTACT, above.

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty among the 
private sector and, therefore, it is not a Federal private section 
mandate and it is not subject to the requirements of either section 202 
or Section 205 of the Unfunded Mandates Act. We have also found under 
Section 203 of the Act, that small governments will not be 
significantly and uniquely affected by this rulemaking.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted areas, 
Waterways.

    For the reasons stated in the preamble, the Corps proposes to amend 
33 CFR part 334, as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
 1. The authority citation for 33 CFR part 334 continues to read as 
follows:

    Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

0
2. Revise Sec.  334.815 to read as follows:


Sec.  334.815,  Menominee River, at the Marinette Marine Corporation 
Shipyard, Marinette, Wisconsin; naval restricted area.

    (a) The area. The waters adjacent to Marinette Marine Corporation's 
pier defined by a rectangular shape on the south side of the river 
beginning on shore at the eastern property line of Marinette Marine 
Corporation at latitude 45[deg]05'55.87'' N., longitude 
087[deg]36'55.61'' W.; thence northerly to latitude 45[deg]05'59.72'' 
N., longitude 087[deg]36'55.61'' W.; thence westerly to latitude 
45[deg]06'03.22'' N., longitude 87[deg]37'09.75'' W.; thence westerly 
to latitude 45[deg]06'03.78'' N., longitude 87[deg]37'16.40'' W.; 
thence southerly to latitude 45[deg]06'2.80'' N., longitude 
87[deg]37'16.56'' W.; thence easterly along the Marinette Marine 
Corporation pier to the point of origin. The restricted area will be 
marked by a lighted and signed floating buoy line.
    (b) The regulation. All persons, swimmers, vessels and other craft, 
except those vessels under the supervision or contract to local 
military or Naval authority, vessels of the United States Coast Guard, 
and local or state law enforcement vessels, are prohibited from 
entering the restricted area when marked by signed floating buoy line 
without permission from the Supervisor of Shipbuilding, Conversion and 
Repair, USN, Bath, ME or his/her authorized representative.
    (c) Enforcement. The regulation in this section shall be enforced 
by the Supervisor of Shipbuilding, Conversion and Repair, USN, Bath, ME 
and/or such agencies or persons as he/she may designate.
    (d) Disestablishment of restricted area. The restricted area will 
be disestablished not later than November 17, 2025, unless written 
application for its continuance is made to and approved by the 
Secretary of the Army prior to that date.

    Dated: August 3, 2016. Approved:
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2016-19023 Filed 8-9-16; 8:45 am]
 BILLING CODE 3720-58-P