[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Rules and Regulations]
[Pages 27520-27523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10775]


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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: Temporary final rule.

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[[Page 27521]]

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Menominee River in Marinette, WI within 1,000 
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 rulemaking will restrict usage by persons and 
vessels within the safety zone. At no time during the effective period 
may a vessel or person pass between the construction barges and 
southern bank of Menominee River. Also during the entire effective 
period, all vessels and persons are prohibited from transiting the 
safety zone at speeds that would create a wake. Additionally, during 
blasting operations, lasting approximately 15 minutes each evening, no 
vessel or persons may enter the safety zone. These restrictions would 
apply to all vessels and persons during the effective period unless 
authorized by the Captain of the Port Lake Michigan or a designated 
representative.

DATES: This rule is effective without actual notice from May 21, 2021 
through November 30, 2021. For the purposes of enforcement, actual 
notice will be used from May 10, 2021 until May 21, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0083 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, 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

    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 p.m. 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 Lake Michigan (COTP) has determined that 
potential hazards associated with the blasting would be a safety 
concern for anyone within a 1,000 foot radius of the blasting site. The 
purpose of this rulemaking is to ensure the safety of vessels and the 
navigable waters within a 1,000-foot radius of the blasting site 
before, during, and after the scheduled event.
    In response, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled Safety Zone; Fincantieri Blasting Project; 
Menominee River, Menominee, MI and Marinette, WI (86 FR 12887). There 
we stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this project. During the comment period 
that ended March 22, 2021, we received 00 comments opposed to the 
regulatory action.
    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 
respond to the potential safety hazards associated with the daily 
blasting.

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 Lake 
Michigan (COTP) has determined that a safety zone would mitigate the 
potential hazards associated with the blasting project. The safety zone 
will last from May 10, 2021 to November 30, 2021 for an approximate 15 
minute period occurring daily between 3:30 p.m. to 5:30 p.m. The safety 
zone will cover all navigable waters within 1,000 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 
persons will be permitted to enter the safety zone during blasting 
operations. During non-blasting times, no vessel or persons will be 
permitted to transit the area at speeds that would create a wake. 
Additionally, no vessel or persons will be permitted to transit between 
the construction barges and the southern bank of the Menominee River. 
No vessel or persons will be allowed to conduct the three preceding 
activities without obtaining permission from the COTP Lake Michigan or 
a designated representative.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments opposed to our NPRM 
published on March 4, 2021. The only change in the regulatory text of 
this rule from the proposed rule is the delay in the project's start 
date from April, 2021 to May 10, 2021. The delayed start date is due to 
operational delays with the construction company. The project end date 
is unchanged.
    This rule establishes a safety zone lasting from May 10, 2021 to 
November 30, 2021 for an approximate 15 minute period occurring daily 
between 3:30 p.m. to 5:30 p.m. The safety zone will cover all navigable 
waters within 1,000 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 persons will be permitted to 
enter the safety zone during blasting operations. During non-blasting 
times, no vessel or persons will be permitted to transit the area at 
speeds that would create a wake. Additionally, no vessel or persons 
will be permitted to transit between the construction barges and the 
southern bank of the Menominee River. No vessel or persons will be 
allowed to conduct the three preceding activities without obtaining 
permission from the COTP Lake Michigan or a designated representative.

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. 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).
    This regulatory action determination is based on the 
characteristics of the safety zone. The safety zone created by

[[Page 27522]]

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 in Marinette, WI, and it is not 
anticipated to exceed 15 minutes in duration each day. During non-
blasting operations, vessels and persons will 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 and 
persons 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 received 00 comments from the Small Business 
Administration on this rulemaking. 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 that would prohibit vessels and persons 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 1,000 foot radius of the construction barges 
for a maximum of 15 minutes per day during blasting activities, and 
would prohibit vessels and persons from transiting the safety zone at 
speeds that would create a wake. 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 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.T09-0083 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 
1,000 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) is effective

[[Page 27523]]

for 15 minutes between 3:30 p.m. and 5:30 p.m. each evening without 
actual notice from May 21, 2021 through November 30, 2021. For the 
purposes of enforcement, actual notice will be used from May 10, 2021 
until May 21, 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) will be 
in effect continuously without actual notice from May 21, 2021 through 
November 30, 2021. For the purposes of enforcement, actual notice will 
be used from May 10, 2021 until May 21, 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 vessels and persons, except 
as may be permitted by the COTP or a designated representative.
    (3) The ``designated representative'' of the COTP Lake Michigan 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 Lake Michigan 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 Lake Michigan or an on-
scene representative.

    Dated: May 17, 2021.
D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2021-10775 Filed 5-20-21; 8:45 am]
BILLING CODE 9110-04-P