[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Rules and Regulations]
[Pages 53422-53423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24890]



[[Page 53422]]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[COE-2016-0005]


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

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Final rule.

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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 further 
amending these regulations to expand the existing restricted area to 
provide additional area of protection during the construction and 
launching of Littoral Combat Ships. The 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 (USN) combat vessels, their materials, equipment to be 
installed therein, and crew, while located at the Marinette Marine 
Corporation Shipyard.

DATES: Effective December 18, 2017.

ADDRESSES: Headquarters, U.S. Army Corps of Engineers, Operations and 
Regulatory Community of Practice, 441 G Street NW., Washington, DC 
20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or by email at [email protected] or Mr. Ryan J. 
Huber, U.S. Army Corps of Engineers, St. Paul District, Regulatory 
Branch, at 651-290-5859 or by email at [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to its authorities under Section 7 
of the Rivers and Harbors Act of 1917 (40 State 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 is amending restricted area regulations at 33 CFR 
part 334 by revising 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, requested that the 
Corps of Engineers amend the regulations concerning this restricted 
area.
    On August 11, 2016, the Corps' St. Paul District issued a local 
public notice soliciting comments on the proposed rule from all known 
interested parties and no comments were received. The proposed rule was 
published in the August 10, 2016 edition of the Federal Register (81 FR 
52781) with the docket number COE-2016-0005 and one comment was 
received. One commenter requested that the first set of coordinates be 
recalculated to ensure correct position along the shoreline and asked 
that the final rule include an explicit statement in regards to the 
horizontal datum used. The Corps responded to the comment by 
recalculating and updating the first set of coordinates as well as 
adding a statement in the final rule in regards to the horizontal datum 
used.

Procedural Requirements

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This proposed rule has 
not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, this proposed rule has not been 
reviewed by the Office of Management and Budget (OMB), and pursuant to 
OMB guidance it is exempt from the requirements of Executive Order 
13771.
    The Corps has made a determination this proposed rule is not a 
significant regulatory action. This regulatory action determination is 
based on the size and location of the restricted area. The restricted 
area does not occupy the entire Federal navigation channel near the 
shipyard and vessels utilizing that channel can transit around the 
restricted area. An operator of a vessel may also transit the 
restricted area as long as he or she obtains permission from the 
Supervisor of Shipbuilding, Conversion and Repair, USN, Bath, ME or 
his/her authorized representative.

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 Corps certifies under 5 U.S.C. 605(b) that this rule would not 
have a significant economic impact on a substantial number of small 
entities. While some owners or operators of vessels that intend to 
transit the restricted area may be small entities, for the reasons 
stated in paragraph (a) above this rule would not have a significant 
economic impact on any vessel owner or operator. In addition, the 
restricted area is necessary to address a major anti-terrorism and 
safety concern due to the lack of perimeter fencing or physical denial 
system. Small entities can utilize navigable waters outside of the 
restricted area. Small entities may also transit the restricted area as 
long as they obtain permission from the Supervisor of Shipbuilding, 
Conversion and Repair, USN, Bath, ME or his/her authorized 
representative. The restricted area is 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. The restricted area does not occupy the entire 
Federal navigation channel near the shipyard and vessels utilizing that 
channel can transit around the restricted area, or obtain permission to 
transit the restricted area. After considering the economic impacts of 
this restricted area regulation on small entities, I certify that this 
action will not have a significant impact on a substantial number of 
small entities.
    c. Review Under the National Environmental Policy Act. An 
environmental assessment (EA) has been prepared. We have concluded that 
the establishment of the restricted area will not have a significant 
impact to the quality of the human environment and, therefore, 
preparation of an environmental impact statement is not required. The 
final EA and Finding of No Significant Impact may be reviewed at the 
District Office listed at the end of the FOR FURTHER INFORMATION 
CONTACT section, above.
    d. Unfunded Mandates Reform Act. This rule does not impose an 
enforceable duty among the private

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sector and, therefore, is not a Federal private sector mandate and is 
not subject to the requirements of Section 202 or 205 of the Unfunded 
Mandates Reform Act (Pub. L. 104-4, 109 Stat. 48, 2 U.S.C. 1501 et 
seq.). We have also found, under Section 203 of the Act, that small 
governments will not be significantly or uniquely affected by this 
rule.

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 is amending 33 
CFR part 334 to read as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
1. The authority citation for 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]05'58.70'' N., longitude 
87[deg]36'55.90'' W.; thence northerly to latitude 45[deg]05'59.72'' 
N., longitude 87[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 datum for these geographic 
coordinates is the World Geodetic System 1984 (WGS 84). 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: November 9, 2017.

    Approved:
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2017-24890 Filed 11-15-17; 8:45 am]
 BILLING CODE 3720-58-P