[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 65523-65525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27599]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-1097]
RIN 1625-AA00
Safety Zone; Wolf River, Winneconne Bridge Blasting, Winneconne,
WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Wolf River in Winneconne, WI, for blasting
operations. This action is necessary to protect mariners, vessels, and
property from potential hazards associated with blasting operations.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Lake Michigan or a
designated representative.
DATES: This rule is effective without actual notice from 6 a.m. on
December 21, 2018 until 5 p.m. on January 21, 2019. For the purposes of
enforcement, actual notice will be used from 6 a.m. on December 17,
2018, until 6 a.m. on December 21, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-1097 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
document, call or email the marine event coordinator, MSTC Kaleena
Carpino, Prevention Department, Coast Guard Sector Lake Michigan,
Milwaukee, WI;
[[Page 65524]]
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
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Delaying the effective
date of this rule to wait for a comment period to run would inhibit the
Coast Guard's ability to protect the public, vessels, mariners, and
property from the hazards associated with the blasting operations from
December 17, 2018 through January 21, 2019.
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 for the reasons discussed in the
preceding paragraph. Delaying the effective date by waiting for a 30
day notice period to run would be impracticable and contrary to the
rule's objectives of protecting safety of life on the navigable waters
and protection of persons and vessels near the blasting area.
III. Legal Authority and Need for Rule
The legal basis for this rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 6.04-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 0170.1.
The Coast Guard will enforce a safety zone from 6 a.m. through 5
p.m. each day from December 17, 2018 through January 21, 2019, for the
blasting operations of the Winneconne Bridge (STH 116) on the Wolf
River in Winneconne, WI. The Captain of the Port Lake Michigan
determined that the blasting operations will pose a significant risk to
public safety and property. Such hazards include premature and
accidental detonations, falling debris, and collisions among spectator
vessels.
IV. Discussion of the Rule
With the aforementioned hazards in mind, the Captain of the Port
Lake Michigan determined that this temporary safety zone is necessary
to protect persons and vessels during the blasting operations in the
waters of Wolf River, in Winneconne, WI. This zone will be enforced
from 6 a.m. through 5 p.m. each day from December 17, 2018 through
January 21, 2019. The safety zone encompasses all navigable waters of
Wolf River within 700 feet of the Winneconne Bridge (STH 116) located
at 44[deg]6.646 N, 088[deg]42.697 W (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or a designated on-scene representative. The Captain of the Port or a
designated on-scene representative may be contacted via VHF Channel 16.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. The safety
zone created by this rule will be relatively small and enforced for 11
hours each day. Thus, restriction on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
vessels may still transit through the safety zone when permitted by the
Captain of the Port. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone.
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 rule
will not have a significant economic impact on a substantial number of
small entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in the affected portion of Wolf River, in Winneconne,
WI between 6 a.m. through 5 p.m. December 17, 2018 through January 17,
2019. This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zone, we will issue local Broadcast Notice to
Mariners and Public Notice of Safety Zone so vessel owners and
operators can plan accordingly.
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
[[Page 65525]]
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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 and Commandant Instruction M16475.1D, 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
the establishment of a safety zone surrounding the Winneconne Bridge
(STH 116) on the Wolf River, in Winneconne, WI. It is categorically
excluded from further review under paragraph L[60(a)] of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T09-1097 to read as follows:
Sec. 165.T09-1097 Safety Zone; Wolf River, Winneconne Bridge
Blasting, Winneconne, WI.
(a) Location. All navigable waters of Wolf River within 700 feet of
the Winneconne Bridge (STH 116) located at 44[deg]6.646 N,
088[deg]42.697 W (NAD 83).
(b) Enforcement period. This rule will be enforced from 6 a.m.
through 5 p.m. each day from December 17, 2018 through January 21,
2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Lake Michigan or a designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or a designated
on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port Lake
Michigan is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Lake Michigan to act on
his or her behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Lake Michigan or an on-scene
representative to obtain permission to do so. The Captain of the Port
Lake Michigan 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
Captain of the Port Lake Michigan or an on-scene representative.
Dated: December 17, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2018-27599 Filed 12-20-18; 8:45 am]
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