[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Rules and Regulations]
[Pages 66840-66842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26301]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0926]
RIN 1625-AA00


Safety Zone; Electrical Cable Installation, Menominee River, 
Menominee, MI and Marinette, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

[[Page 66841]]

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within 100 yards of a work site pulling new overhead 
electrical cables along a line crossing the Menominee River in 
Menominee, MI. The safety zone is needed to protect personnel, vessels, 
and the marine environment from potential hazards created by the 
installation of overhead electrical cables across the river. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Lake Michigan (COTP).

DATES: This rule is effective from 7 a.m. on December 12, 2019, through 
10 p.m. on December 21, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0926 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 Kyle Weitzell, 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

    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 the COTP was made aware of this 
project to install new overhead electrical cables on November 19, 2019 
and immediate action is needed to mitigate potential safety hazards 
associated with the process of pulling the new cables across the 
Menominee River. It is impracticable to publish an NPRM because we must 
establish this safety zone by December 12, 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. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
mitigate potential safety hazards associated with the process of 
pulling the new cables across the Menominee River.

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 COTP has determined that 
potential safety hazards associated with process of pulling the new 
cables across the Menominee River scheduled to take place on one day 
from December 12, 2019 through December 21, 2019, will be a safety 
concern for anyone within 100 yards from a work site involving the 
installation of new overhead electrical cables across the Menominee 
River between Menominee, MI and Marinette, WI. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while lines and electrical cables are 
being pulled across the river.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on December 12, 
2019 through 10 p.m. on December 21, 2019. The safety zone will cover 
all navigable waters of the Menominee River within 100 yards of a work 
site pulling new overhead electrical cables along a line crossing the 
river from coordinates 45.096326[deg] N, 087.602092[deg] W to 
45.097197[deg] N, 087.600601[deg] W. This safety zone is intended to be 
enforced on one day during the aforementioned timeframe, dependent on 
weather conditions. The date and time of the enforcement period will be 
announced by the COTP by Broadcast Notice to Mariners. The duration of 
the zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters while lines and electrical cables 
are being pulled across the river. Entry into, transiting, or anchoring 
within the safety zone is prohibited unless authorized by the COTP or a 
designated on-scene representative. The COTP 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 
characteristics of the safety zone. The safety zone created by 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 at Menominee, MI and Marinette, WI and is 
not anticipated to exceed twelve hours in duration. Thus, restrictions 
on vessel movement within that particular area are expected to be 
minimal. Under certain conditions, moreover, vessels may still transit 
through the safety zone when permitted by the COTP.

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.
    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

[[Page 66842]]

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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email 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, 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 not anticipated to last more than twelve hours that will 
prohibit entry within 100 yards of a work site crossing the Menominee 
River for the pulling of new overhead electrical cables across the 
river. It is categorically excluded from further review under paragraph 
L60(a) in Table 3-1 of U.S. Coast Guard Environmental Planning 
Implementing Procedures. A Record of Environmental Consideration 
supporting this determination will be available in the docket where 
indicated under ADDRESSES once it has been completed.

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.T09-0926 to read as follows:

Sec.  165.T09-0926  Safety Zone; Electrical Cable Installation, 
Menominee River, Menominee, MI and Marinette, WI.

    (a) Location. All navigable waters of the Menominee River within 
100 yards of a line crossing the river from coordinates 45.096326[deg] 
N, 087.602092[deg] W to 45.097197[deg] N, 087.600601[deg] W.
    (b) Enforcement period. The regulated area described in paragraph 
(a) is effective from 7 a.m. on December 12, 2019 through 10 p.m. on 
December 21, 2019 while lines and cables are being pulled across the 
river. The Captain of the Port Lake Michigan (COTP) will announce 
specific enforcement periods for this safety zone by Broadcast Notice 
to Mariners.
    (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 COTP or a designated 
on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated on-scene representative.
    (3) The ``on-scene 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) Vessel operators desiring to enter or operate within the safety 
zone 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: December 2, 2019.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2019-26301 Filed 12-5-19; 8:45 am]
BILLING CODE 9110-04-P