[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 <a href="/cdn-cgi/l/email-protection#97d3a7aebac4dad5bac4d2d4dbf6fcf2dafef4fffef0f6f9bac0c0dad7e2e4f4f0b9fafefb"><span class="__cf_email__" data-cfemail="4e0a7e77631d030c631d0b0d022f252b03272d2627292f20631919030e3b3d2d2960232722">[email protected]</span></a>.

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]
 BILLING CODE 9110-04-P


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