81_FR_52935 81 FR 52781 - United States Navy Restricted Area, Menominee River, Marinette Marine Corporation Shipyard, Marinette, Wisconsin

81 FR 52781 - United States Navy Restricted Area, Menominee River, Marinette Marine Corporation Shipyard, Marinette, Wisconsin

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Federal Register Volume 81, Issue 154 (August 10, 2016)

Page Range52781-52782
FR Document2016-19023

The U.S. Army Corps of Engineers published a document in the Federal Register on May 24, 2011, amending its regulations to establish a restricted area in the Menominee River at the Marinette Marine Corporation Shipyard in Marinette, Wisconsin. The Corps published correcting amendments in the Federal Register on April 4, 2012, which corrected latitude and longitude coordinates and also revised administrative and enforcement responsibilities. The Corps is proposing to further amend these regulations to expand the existing restricted area to provide additional area of protection during the construction and launching of Littoral Combat Ships. The proposed expansion would result in temporary encroachment within the Menominee River Federal Navigation Channel. The regulations are necessary to provide adequate protection of U.S. Navy combat vessels, their materials, equipment to be installed therein, and crew, while located at the Marinette Marine Corporation Shipyard.

Federal Register, Volume 81 Issue 154 (Wednesday, August 10, 2016) 
[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Proposed Rules]
[Pages 52781-52782]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19023]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Menominee River, Marinette 
Marine Corporation Shipyard, Marinette, Wisconsin

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Army Corps of Engineers published a document in the 
Federal Register on May 24, 2011, amending its regulations to establish 
a restricted area in the Menominee River at the Marinette Marine 
Corporation Shipyard in Marinette, Wisconsin. The Corps published 
correcting amendments in the Federal Register on April 4, 2012, which 
corrected latitude and longitude coordinates and also revised 
administrative and enforcement responsibilities. The Corps is proposing 
to further amend these regulations to expand the existing restricted 
area to provide additional area of protection during the construction 
and launching of Littoral Combat Ships. The proposed expansion would 
result in temporary encroachment within the Menominee River Federal 
Navigation Channel. The regulations are necessary to provide adequate 
protection of U.S. Navy combat vessels, their materials, equipment to 
be installed therein, and crew, while located at the Marinette Marine 
Corporation Shipyard.

DATES: Written comments must be submitted on or before September 9, 
2016.

ADDRESSES: You may submit comments, identified by docket number COE-
2016-0005, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov . Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2016-0005, in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, ATTN: CECW-CO (David B. Olson), 
441 G Street NW., Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2016-0005. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
email. The regulations.gov Web site is an anonymous access system, 
which means we will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
directly to the Corps without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, we recommend that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If we cannot read your 
comment because of technical difficulties and cannot contact you for 
clarification, we may not be able to consider your comment. Electronic 
comments should avoid the use of any special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 
(202) 761-4922, or Mr. Ryan J. Huber, St. Paul District, Corps of 
Engineers, Regulatory Branch, at (651) 290-5859.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of 
the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and 
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 
U.S.C. 3), the Corps proposes to amend the restricted area regulations 
at 33 CFR part 334 by amending Sec.  334.815 to expand the previously 
established restricted area in the Menominee River, at the Marinette 
Marine Corporation Shipyard, Marinette, Wisconsin. The amendment would 
also add a provision of disestablishment whereby the restricted area 
would be disestablished by no later than November 17, 2025. By 
correspondence dated October 29, 2015, the Department of the Navy, has 
requested the Corps of Engineers to amend this restricted area.
    Pursuant to Section 14 of the Rivers and Harbors Act of 1899, 33 
U.S.C. 408 (Section 408), and in accordance with Engineer Circular (EC) 
1165-2-216, the Corps has granted approval for a ten-year occupancy 
within a portion of the federal navigation channel. The proposed 
amendment would include a provision for disestablishment of the 
restricted area no later than ten years from the date of the Section 
408 approval.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed rule is issued with respect to a military function of 
the Defense Department and the provisions of Executive Order 12866 do 
not apply.

b. Review Under the Regulatory Flexibility Act

    The proposed rule has been reviewed under the Regulatory 
Flexibility Act (Pub. L. 96-354) which requires the preparation of a 
regulatory flexibility analysis for any regulation that will have a 
significant economic impact on a substantial number of small entities 
(i.e., small businesses and small governments). The restricted area is 
necessary for security of this shipyard. Small entities can utilize 
navigable waters outside of the restricted area when the restricted 
area is activated. Unless information is obtained to the contrary 
during the public notice comment period, the Corps expects that the 
economic impact of this restricted area would have practically no 
impact on the public, no anticipated navigational hazard or 
interference with existing waterway traffic. This proposed rule if 
adopted, will have no significant economic impact on small entities.

[[Page 52782]]

c. Review Under the National Environmental Policy Act

    A preliminary draft environmental assessment has been prepared for 
this action. Due to the administrative nature of this action and 
because the intended change will only expand the existing restricted 
area by approximately 1.4 acres for a ten year period, the Corps 
expects that this regulation, if adopted, will not have a significant 
impact to the quality of the human environment and, therefore, 
preparation of an environmental impact statement will not be required. 
The environmental assessment will be finalized after the public notice 
period is closed and all comments have been received and considered. It 
may be reviewed at the District office listed at the end of the FOR 
FURTHER INFORMATION CONTACT, above.

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty among the 
private sector and, therefore, it is not a Federal private section 
mandate and it is not subject to the requirements of either section 202 
or Section 205 of the Unfunded Mandates Act. We have also found under 
Section 203 of the Act, that small governments will not be 
significantly and uniquely affected by this rulemaking.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted areas, 
Waterways.

    For the reasons stated in the preamble, the Corps proposes to amend 
33 CFR part 334, as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
 1. The authority citation for 33 CFR part 334 continues to read as 
follows:

    Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

0
2. Revise Sec.  334.815 to read as follows:


Sec.  334.815,  Menominee River, at the Marinette Marine Corporation 
Shipyard, Marinette, Wisconsin; naval restricted area.

    (a) The area. The waters adjacent to Marinette Marine Corporation's 
pier defined by a rectangular shape on the south side of the river 
beginning on shore at the eastern property line of Marinette Marine 
Corporation at latitude 45[deg]05'55.87'' N., longitude 
087[deg]36'55.61'' W.; thence northerly to latitude 45[deg]05'59.72'' 
N., longitude 087[deg]36'55.61'' W.; thence westerly to latitude 
45[deg]06'03.22'' N., longitude 87[deg]37'09.75'' W.; thence westerly 
to latitude 45[deg]06'03.78'' N., longitude 87[deg]37'16.40'' W.; 
thence southerly to latitude 45[deg]06'2.80'' N., longitude 
87[deg]37'16.56'' W.; thence easterly along the Marinette Marine 
Corporation pier to the point of origin. The restricted area will be 
marked by a lighted and signed floating buoy line.
    (b) The regulation. All persons, swimmers, vessels and other craft, 
except those vessels under the supervision or contract to local 
military or Naval authority, vessels of the United States Coast Guard, 
and local or state law enforcement vessels, are prohibited from 
entering the restricted area when marked by signed floating buoy line 
without permission from the Supervisor of Shipbuilding, Conversion and 
Repair, USN, Bath, ME or his/her authorized representative.
    (c) Enforcement. The regulation in this section shall be enforced 
by the Supervisor of Shipbuilding, Conversion and Repair, USN, Bath, ME 
and/or such agencies or persons as he/she may designate.
    (d) Disestablishment of restricted area. The restricted area will 
be disestablished not later than November 17, 2025, unless written 
application for its continuance is made to and approved by the 
Secretary of the Army prior to that date.

    Dated: August 3, 2016. Approved:
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2016-19023 Filed 8-9-16; 8:45 am]
 BILLING CODE 3720-58-P

Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Proposed Rules 52781 uses permitted by the Privacy Act, in G Street NW., Washington, DC 20314– Rivers and Harbors Act of 1917 (40 Stat. the Commission’s privacy policy, at 1000. 266; 33 U.S.C. 1) and Chapter XIX of the http://www.ftc.gov/ftc/privacy.htm. Hand Delivery/Courier: Due to Army Appropriations Act of 1919 (40 By direction of the Commission. security requirements, we cannot Stat. 892; 33 U.S.C. 3), the Corps receive comments by hand delivery or proposes to amend the restricted area Donald S. Clark, courier. regulations at 33 CFR part 334 by Secretary. Instructions: Direct your comments to [FR Doc. 2016–18973 Filed 8–9–16; 8:45 am] amending § 334.815 to expand the docket number COE–2016–0005. All previously established restricted area in BILLING CODE 6750–01–P comments received will be included in the Menominee River, at the Marinette the public docket without change and Marine Corporation Shipyard, may be made available on-line at http:// DEPARTMENT OF DEFENSE www.regulations.gov, including any Marinette, Wisconsin. The amendment personal information provided, unless would also add a provision of Department of the Army, Corps of the commenter indicates that the disestablishment whereby the restricted Engineers comment includes information claimed area would be disestablished by no later to be Confidential Business Information than November 17, 2025. By 33 CFR Part 334 (CBI) or other information whose correspondence dated October 29, 2015, disclosure is restricted by statute. Do the Department of the Navy, has United States Navy Restricted Area, not submit information that you requested the Corps of Engineers to Menominee River, Marinette Marine consider to be CBI, or otherwise amend this restricted area. Corporation Shipyard, Marinette, protected, through regulations.gov or Wisconsin Pursuant to Section 14 of the Rivers email. The regulations.gov Web site is and Harbors Act of 1899, 33 U.S.C. 408 AGENCY: United States Army Corps of an anonymous access system, which (Section 408), and in accordance with Engineers, DoD. means we will not know your identity Engineer Circular (EC) 1165–2–216, the ACTION: Notice of proposed rulemaking. or contact information unless you Corps has granted approval for a ten- provide it in the body of your comment. year occupancy within a portion of the SUMMARY: The U.S. Army Corps of If you send an email directly to the federal navigation channel. The Engineers published a document in the Corps without going through proposed amendment would include a Federal Register on May 24, 2011, regulations.gov, your email address will amending its regulations to establish a provision for disestablishment of the be automatically captured and included restricted area in the Menominee River as part of the comment that is placed in restricted area no later than ten years at the Marinette Marine Corporation the public docket and made available on from the date of the Section 408 Shipyard in Marinette, Wisconsin. The the Internet. If you submit an electronic approval. Corps published correcting amendments comment, we recommend that you Procedural Requirements in the Federal Register on April 4, 2012, include your name and other contact which corrected latitude and longitude information in the body of your a. Review Under Executive Order 12866 coordinates and also revised comment and with any disk or CD–ROM administrative and enforcement This proposed rule is issued with you submit. If we cannot read your responsibilities. The Corps is proposing comment because of technical respect to a military function of the to further amend these regulations to difficulties and cannot contact you for Defense Department and the provisions expand the existing restricted area to clarification, we may not be able to of Executive Order 12866 do not apply. provide additional area of protection consider your comment. Electronic b. Review Under the Regulatory during the construction and launching comments should avoid the use of any Flexibility Act of Littoral Combat Ships. The proposed special characters, any form of expansion would result in temporary encryption, and be free of any defects or The proposed rule has been reviewed encroachment within the Menominee viruses. under the Regulatory Flexibility Act River Federal Navigation Channel. The Docket: For access to the docket to (Pub. L. 96–354) which requires the regulations are necessary to provide read background documents or preparation of a regulatory flexibility adequate protection of U.S. Navy comments received, go to analysis for any regulation that will combat vessels, their materials, www.regulations.gov. All documents in have a significant economic impact on equipment to be installed therein, and the docket are listed. Although listed in a substantial number of small entities crew, while located at the Marinette the index, some information is not (i.e., small businesses and small Marine Corporation Shipyard. publicly available, such as CBI or other governments). The restricted area is DATES: Written comments must be information whose disclosure is necessary for security of this shipyard. submitted on or before September 9, restricted by statute. Certain other Small entities can utilize navigable 2016. material, such as copyrighted material, waters outside of the restricted area is not placed on the Internet and will be ADDRESSES: You may submit comments, publicly available only in hard copy when the restricted area is activated. identified by docket number COE– form. Unless information is obtained to the 2016–0005, by any of the following contrary during the public notice methods: FOR FURTHER INFORMATION CONTACT: Mr. comment period, the Corps expects that Federal eRulemaking Portal: http:// David Olson, Headquarters, Operations Lhorne on DSK30JT082PROD with PROPOSALS the economic impact of this restricted www.regulations.gov . Follow the and Regulatory Community of Practice, area would have practically no impact instructions for submitting comments. Washington, DC at (202) 761–4922, or on the public, no anticipated Email: david.b.olson@usace.army.mil. Mr. Ryan J. Huber, St. Paul District, navigational hazard or interference with Include the docket number, COE–2016– Corps of Engineers, Regulatory Branch, at (651) 290–5859. existing waterway traffic. This proposed 0005, in the subject line of the message. rule if adopted, will have no significant Mail: U.S. Army Corps of Engineers, SUPPLEMENTARY INFORMATION: Pursuant economic impact on small entities. ATTN: CECW–CO (David B. Olson), 441 to its authorities in Section 7 of the VerDate Sep<11>2014 13:58 Aug 09, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\10AUP1.SGM 10AUP1

52782 Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Proposed Rules c. Review Under the National latitude 45°06′03.78″ N., longitude regulations further to effect the Judges’ Environmental Policy Act 87°37′16.40″ W.; thence southerly to stated intent. The Judges’ hereby A preliminary draft environmental latitude 45°06′2.80″ N., longitude publish the proposed amendment and assessment has been prepared for this 87°37′16.56″ W.; thence easterly along request comments to the proposed rule. action. Due to the administrative nature the Marinette Marine Corporation pier DATES: Comments are due no later than of this action and because the intended to the point of origin. The restricted area September 9, 2016. change will only expand the existing will be marked by a lighted and signed ADDRESSES: This notice and request is restricted area by approximately 1.4 floating buoy line. also posted on the agency’s Web site acres for a ten year period, the Corps (b) The regulation. All persons, (www.loc.gov/crb) and on expects that this regulation, if adopted, swimmers, vessels and other craft, Regulations.gov (www.regulations.gov). will not have a significant impact to the except those vessels under the Submit electronic comments to crb@ quality of the human environment and, supervision or contract to local military loc.gov. See the SUPPLEMENTARY therefore, preparation of an or Naval authority, vessels of the United INFORMATION section below for environmental impact statement will States Coast Guard, and local or state instructions on submitting comments in not be required. The environmental law enforcement vessels, are prohibited other formats. assessment will be finalized after the from entering the restricted area when FOR FURTHER INFORMATION CONTACT: public notice period is closed and all marked by signed floating buoy line Kimberly Whittle at (202) 707–7658 or comments have been received and without permission from the Supervisor at crb@loc.gov. considered. It may be reviewed at the of Shipbuilding, Conversion and Repair, SUPPLEMENTARY INFORMATION: District office listed at the end of the USN, Bath, ME or his/her authorized representative. Introduction FOR FURTHER INFORMATION CONTACT, above. (c) Enforcement. The regulation in The Copyright Royalty Judges (Judges) this section shall be enforced by the published a technical amendment to a d. Unfunded Mandates Act Supervisor of Shipbuilding, Conversion final rule in the Federal Register to This proposed rule does not impose and Repair, USN, Bath, ME and/or such clarify that the reporting requirements an enforceable duty among the private agencies or persons as he/she may in Part 370 that applied to ‘‘Minimum sector and, therefore, it is not a Federal designate. Fee Broadcasters’’ now apply to the private section mandate and it is not (d) Disestablishment of restricted more inclusive group, ‘‘Eligible subject to the requirements of either area. The restricted area will be Minimum Fee Webcasters.’’ 1 81 FR section 202 or Section 205 of the disestablished not later than November 40190 (Jun. 21, 2016) (emphasis added). Unfunded Mandates Act. We have also 17, 2025, unless written application for The Judges added the new term found under Section 203 of the Act, that its continuance is made to and approved ‘‘Eligible Minimum Fee Webcaster’’ to small governments will not be by the Secretary of the Army prior to the definition section of 37 CFR 370.4. significantly and uniquely affected by that date. They also removed the ‘‘Minimum Fee this rulemaking. Dated: August 3, 2016. Approved: Broadcaster’’ definition, which they Edward E. Belk, Jr., deemed to be no longer necessary List of Subjects in 33 CFR Part 334 because the new definition of ‘‘Eligible Chief, Operations and Regulatory Division, Danger zones, Marine safety, Directorate of Civil Works. Minimum Fee Webcasters’’ was Navigation (water), Restricted areas, [FR Doc. 2016–19023 Filed 8–9–16; 8:45 am] intended to include the entities that Waterways. BILLING CODE 3720–58–P qualified under the prior definition of For the reasons stated in the ‘‘Minimum Fee Broadcasters.’’ preamble, the Corps proposes to amend By adding the new term ‘‘Eligible 33 CFR part 334, as follows: Minimum Fee Webcasters,’’ the Judges LIBRARY OF CONGRESS intended to expand relaxed reporting PART 334—DANGER ZONE AND Copyright Royalty Board requirements then available to RESTRICTED AREA REGULATIONS Minimum Fee Broadcasters to certain 37 CFR Part 370 nonprofit educational webcasters that ■ 1. The authority citation for 33 CFR had previously been denied those part 334 continues to read as follows: [Docket No. RM 2008–7] expanded relaxed reporting Authority: 40 Stat. 266 (33 U.S.C. 1) and requirements. Notice and Recordkeeping for Use of On June 21, 2016, the Judges received 40 Stat. 892 (33 U.S.C. 3). Sound Recordings Under Statutory a Joint Petition of the National ■ 2. Revise § 334.815 to read as follows: License; Technical Amendment Association of Broadcasters and the § 334.815, Menominee River, at the AGENCY: Copyright Royalty Board, National Religious Broadcasters Marinette Marine Corporation Shipyard, Library of Congress. Noncommercial Music License Marinette, Wisconsin; naval restricted area. ACTION: Proposed rule. Committee to Amend Final Rule (a) The area. The waters adjacent to Regarding Reporting Requirements Marinette Marine Corporation’s pier SUMMARY: On June 21, 2016, the (Joint Motion). The moving parties defined by a rectangular shape on the Copyright Royalty Judges (Judges) contended that by removing the south side of the river beginning on published in the Federal Register a definition of ‘‘Minimum Fee shore at the eastern property line of technical amendment to regulations that Broadcaster,’’ the Judges had failed to Lhorne on DSK30JT082PROD with PROPOSALS Marinette Marine Corporation at govern reporting requirements for effect their intent. The moving parties latitude 45°05′55.87″ N., longitude noncommercial educational webcasters requested that the Judges reinstate the 087°36′55.61″ W.; thence northerly to that pay no more than the minimum fee 1 The Judges used the term ‘‘webcaster’’ latitude 45°05′59.72″ N., longitude for their use of sound recordings under advisedly, as stations do not report or pay royalties 087°36′55.61″ W.; thence westerly to the applicable statutory licenses. for broadcasting over the air. They only pay for the latitude 45°06′03.22″ N., longitude Subsequently, interested parties rights to stream sound recordings over the Internet, 87°37′09.75″ W.; thence westerly to petitioned the Judges to amend the or ‘‘webcast.’’ VerDate Sep<11>2014 18:50 Aug 09, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\10AUP1.SGM 10AUP1


Document Created: 2016-08-10 01:59:18
Document Modified: 2016-08-10 01:59:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesWritten comments must be submitted on or before September 9, 2016.
ContactMr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at (202) 761-4922, or Mr. Ryan J. Huber, St. Paul District, Corps of Engineers, Regulatory Branch, at (651) 290-5859.
FR Citation81 FR 52781 
CFR AssociatedDanger Zones; Marine Safety; Navigation (water); Restricted Areas and Waterways
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