[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Rules and Regulations]
[Pages 68252-68254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23227]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0632]
RIN 1625-AA00


Safety Zone; Vessel Launch, Menominee River, Marinette, WI and 
Menominee, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Menominee River in Marinette, WI and Menominee, 
MI between the Highway 41 bridge and Ogden Street Bridge. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the launching of a vessel 
at the Fincantieri Marinette Marine Shipyard. 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 from 7:30 a.m. through 12 p.m. on October 
31, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0632 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, Waterways Management 
Division, Sector Lake Michigan, 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 involved parties did not submit 
notice to the Coast Guard with sufficient time remaining before the 
launch to publish an NPRM. Immediate action is necessary to mitigate 
potential safety hazards associated with the launch of the vessel. 
Delaying the effective date of this rule to wait for a comment period 
to run would be impracticable and contrary to public interest by 
inhibiting the Coast Guard's ability to protect against the hazards 
associated with the launch on October 31, 2020.
    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 same reasons discussed in 
the preceding paragraph, waiting for a 30-day notice period to elapse 
would be impracticable because immediate action is needed to respond to 
the potential safety hazards associated with the launching of a vessel 
into 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 Captain of the Port (COTP) Lake 
Michigan has determined that potential hazards associated with the 
launching of this vessel into the Menominee River on October 31, 2020, 
will be a safety concern for anyone on the Menominee River between the 
Highway 41 Bridge located at coordinates 45.103106[deg] N, 
087.626529[deg] W and the Ogden Street Bridge located at coordinates 
45.096001[deg] N, 087.598053[deg] W. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone during the launching of a vessel on October 31, 
2020.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7:30 a.m. to 12 p.m. on 
October 31,

[[Page 68253]]

2020. The safety zone will cover all navigable waters of the Menominee 
River between the Highway 41 Bridge located at coordinates 
45.103106[deg] N, 087.626529[deg] W and the Ogden Street Bridge located 
at coordinates 45.096001[deg] N, 087.598053[deg] W. The duration of the 
zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters during the launching of a vessel. 
No vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP Lake Michigan or a designated 
representative. The COTP Lake Michigan or designated representative 
will announce specific enforcement periods for this safety zone by 
Broadcast Notice to Mariners.

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 five hours in duration. Thus, restrictions on 
acces by persons and vessel movement within that particular area are 
expected to be minimal. Under certain conditions, moreover, persons and 
vessels 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 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 lasting less than 5 hours that prohibits entry within all 
navigable waters of the Menominee River between the Highway 41 Bridge 
and the Ogden Street Bridge during the launching of a vessel. 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

[[Page 68254]]

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.T09-0632 to read as follows:


Sec.  165.T09-0632  Safety Zone; Vessel Launch, Menominee River, 
Marinette, WI and Menominee, MI.

    (a) Location. The safety zone encompasses all navigable waters of 
the Menominee River between the Highway 41 Bridge located at 
coordinates 45.103106[deg] N, 087.626529[deg] W and the Ogden Street 
Bridge located at coordinates 45.096001[deg] N, 087.598053[deg] W.
    (b) Enforcement Period. The regulated area described in paragraph 
(a) is enforced from 7:30 a.m. through 12 p.m. on October 31, 2020.
    (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 
(COTP) Lake Michigan or a designated on-scene representative.
    (2) This safety zone is closed to all persons and vessel traffic, 
except as may be permitted by the COTP Lake Michigan or a designated 
on-scene representative.
    (3) The ``on-scene representative'' of the COTP Lake Michigan is 
any Coast Guard commissioned, warrant or petty officer who has been 
designated by the COTP Lake Michigan to act on his or her behalf.
    (4) Persons and Vessel operators desiring to enter or operate 
within the safety zone must contact the COTP Lake Michigan or an on-
scene representative to obtain permission to do so. The COTP 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 COTP Lake 
Michigan or an on-scene representative.

D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2020-23227 Filed 10-27-20; 8:45 am]
BILLING CODE 9110-04-P