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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations 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 USCG2021
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 4147477148, email Jeromy.N.Sherrill@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Table of Abbreviations
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CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking 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
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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. 553d3, 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 nonblasting 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
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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 projects 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
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