[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Proposed Rules]
[Pages 12887-12889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04553]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0083]
RIN 1625-AA00


Safety Zone; Fincantieri Blasting Project; Menominee River, 
Menominee, MI and Marinette, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for certain waters of the Menominee River in Marinette, WI within 
1000 feet of a blasting area. This action is necessary to provide for 
the safety of life on these navigable waters during the daily blasting 
at the southern bank of the Menominee River near the Fincantieri 
Marinette Marine facility. This proposed rulemaking would restrict 
usage by persons and vessels within the safety zone. At no time during 
the effective period may vessels or person pass between the 
construction barges and southern bank of Menominee River. Also during 
the entire effective period, vessels are prohibit from transiting the 
safety zone at speeds that would create a wake. Additionally, during 
blasting operations, lasting approximately 15 minutes each evening, no 
person or vessel may enter the safety zone. These restrictions would 
apply to all vessels during the effective period unless authorized by 
the Captain of the Port Lake Michigan or a designated representative. 
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 22, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0083 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Chief Petty Officer Jeromy Sherrill, 
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, Purpose, and Legal Basis

    On February 26, 2021, Roen Salvage Company notified the Coast Guard 
that it will be conducting daily blasting operations beginning April 1, 
2021 to November 30, 2021, for an approximate 15 minute period 
occurring between 3:30 to 5:30 p.m. in conjunction with a construction 
project. The blasting will take place on the southern bank of the 
Menominee River near the Fincantieri Marinette Marine facility. The 
Captain of the Port Sector Lake Michigan (COTP) has determined that 
potential hazards associated with the blasting would be a safety 
concern for anyone within a 1000 foot radius of the blasting site.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 1000-foot radius of the blasting site 
before, during, and after the scheduled event. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).]
    The Coast Guard is issuing this temporary rule with an abridged 
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 undertaking a thirty-day comment period with respect to 
this rule because the Coast Guard received details of these operations 
with insufficient time remaining to undergo a full thirty-day comment 
period. While it is impracticable to undergo a full thirty-day comment 
period and still protect the public from the hazards associated with 
these operations, the Coast Guard invites comments for the next fifteen 
days.
    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 for the same reason stated above--
immediate action is needed to respond to the potential safety hazards 
associated with the daily blasting.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone lasting from April 
1, 2021 to November 30, 2021 for an approximate 15 minute period 
occurring daily between 3:30 to 5:30 p.m. The safety zone would cover 
all navigable waters within 1000 foot radius of the blasting site which 
will be on the southern bank of the Menominee River at the Fincantieri 
Ship Yard in Marinette, WI. The duration of the zone is intended to 
ensure the safety of vessels and these navigable waters before, during, 
and after the daily blasting event. No vessel or person would be 
permitted to enter the safety zone during blasting operations. During 
non-blasting times, no vessels would be permitted to transit the area 
at speeds that would create a wake. Additionally, no vessels would be 
permitted to transit between the

[[Page 12888]]

construction barges and the southern bank of the Menominee River. No 
vessels or person would be allowed to conduct the three preceeding 
activities without obtaining permission from the COTP or a designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed 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. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the 
characteristics of the safety zone. The safety zone created by this 
proposed rule will relatively small and is designed to minimize its 
impact on navigable waters. This proposed rule will prohibit entry into 
certain navigable waters of the Menominee River in Marinette, WI, and 
it is not anticipated to exceed 15 minutes in duration each day. During 
non-blasting operation vessels would be allowed to enter the safety 
zone at speeds that do not create a wake. Additionally, the exclusion 
area between the construction barges and southern bank of the river is 
small and allows for plenty of space within the channel for vessels to 
transit the area north of the construction barges. Thus, restrictions 
on vessel movement within that particular area are expected to be 
minimal. Moreover, under certain conditions 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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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 proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a safety 
zone that would prohibit vessels from passing through a small area 
located between the construction barges and the southern bank of the 
Menominee River, would prohibit entry into the all navigable waters 
within a 1000 foot radius of the construction barges for a maximum of 
15 minutes per day during blasting activities, and would prohibit 
vessels from transiting the safety zone at speeds that would create a 
wake. Normally such actions are 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 preliminary 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.

[[Page 12889]]

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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.T09-0083 to read as follows:


Sec.  165.T09-0035  Safety Zone; Blasting Project; Menominee River, 
Marinette, WI.

    (a) Location. All navigable waters of the Menominee River within 
1000 feet of the blast area on the southern bank of the river at 
coordinates 43.0705000[deg]N, 086.2346667[deg].
    (b) Enforcement Period. The safety zone portion of the regulated 
area described in paragraph (a) of this section is effective for 15 
minutes between 3:30 p.m. and 5:30 p.m. each evening from April 1 to 
November 30, 2021. The part of the safety zone between the construction 
barges and the southern bank of the river, and the no-wake zone portion 
of the regulated area described in paragraph (a) of this section will 
be in effect continuously from April 1 to November 30, 2021.
    (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 Lake Michigan 
(COTP) or a designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) The ``designated 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) Persons and vessel operators desiring to enter or operate 
within the safety zone during blasting operations, or at speeds that 
would create a wake, 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: March 1, 2021.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2021-04553 Filed 3-4-21; 8:45 am]
BILLING CODE 9110-04-P