82 FR 53422 - 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 82, Issue 220 (November 16, 2017)
Department of the Army, Corps of Engineers
Federal Register Volume 82, Issue 220 (November 16, 2017)
| Page Range | 53422-53423 | |
| FR Document | 2017-24890 |
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)] [Rules and Regulations] [Pages 53422-53423] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24890] [[Page 53422]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 [COE-2016-0005] United States Navy Restricted Area, Menominee River, Marinette Marine Corporation Shipyard, Marinette, Wisconsin AGENCY: U.S. Army Corps of Engineers, DoD. ACTION: Final rule. ----------------------------------------------------------------------- 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 further amending these regulations to expand the existing restricted area to provide additional area of protection during the construction and launching of Littoral Combat Ships. The 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 (USN) combat vessels, their materials, equipment to be installed therein, and crew, while located at the Marinette Marine Corporation Shipyard. DATES: Effective December 18, 2017. ADDRESSES: Headquarters, U.S. Army Corps of Engineers, Operations and Regulatory Community of Practice, 441 G Street NW., Washington, DC 20314-1000. FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922 or by email at [email protected] or Mr. Ryan J. Huber, U.S. Army Corps of Engineers, St. Paul District, Regulatory Branch, at 651-290-5859 or by email at [email protected]. SUPPLEMENTARY INFORMATION: Pursuant to its authorities under Section 7 of the Rivers and Harbors Act of 1917 (40 State 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 is amending restricted area regulations at 33 CFR part 334 by revising 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, requested that the Corps of Engineers amend the regulations concerning this restricted area. On August 11, 2016, the Corps' St. Paul District issued a local public notice soliciting comments on the proposed rule from all known interested parties and no comments were received. The proposed rule was published in the August 10, 2016 edition of the Federal Register (81 FR 52781) with the docket number COE-2016-0005 and one comment was received. One commenter requested that the first set of coordinates be recalculated to ensure correct position along the shoreline and asked that the final rule include an explicit statement in regards to the horizontal datum used. The Corps responded to the comment by recalculating and updating the first set of coordinates as well as adding a statement in the final rule in regards to the horizontal datum used. Procedural Requirements 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 proposed rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this proposed 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. The Corps has made a determination this proposed rule is not a significant regulatory action. This regulatory action determination is based on the size and location of the restricted area. The restricted area does not occupy the entire Federal navigation channel near the shipyard and vessels utilizing that channel can transit around the restricted area. An operator of a vessel may also transit the restricted area as long as he or she obtains permission from the Supervisor of Shipbuilding, Conversion and Repair, USN, Bath, ME or his/her authorized representative. 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 Corps certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels that intend to transit the restricted area may be small entities, for the reasons stated in paragraph (a) above this rule would not have a significant economic impact on any vessel owner or operator. In addition, the restricted area is necessary to address a major anti-terrorism and safety concern due to the lack of perimeter fencing or physical denial system. Small entities can utilize navigable waters outside of the restricted area. Small entities may also transit the restricted area as long as they obtain permission from the Supervisor of Shipbuilding, Conversion and Repair, USN, Bath, ME or his/her authorized representative. The restricted area is 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. The restricted area does not occupy the entire Federal navigation channel near the shipyard and vessels utilizing that channel can transit around the restricted area, or obtain permission to transit the restricted area. After considering the economic impacts of this restricted area regulation on small entities, I certify that this action will not have a significant impact on a substantial number of small entities. c. Review Under the National Environmental Policy Act. An environmental assessment (EA) has been prepared. We have concluded that the establishment of the restricted area will not have a significant impact to the quality of the human environment and, therefore, preparation of an environmental impact statement is not required. The final EA and Finding of No Significant Impact may be reviewed at the District Office listed at the end of the FOR FURTHER INFORMATION CONTACT section, above. d. Unfunded Mandates Reform Act. This rule does not impose an enforceable duty among the private [[Page 53423]] sector and, therefore, is not a Federal private sector mandate and is not subject to the requirements of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 104-4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). We have also found, under Section 203 of the Act, that small governments will not be significantly or uniquely affected by this rule. 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 is amending 33 CFR part 334 to read as follows: PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS 0 1. The authority citation for 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]05'58.70'' N., longitude 87[deg]36'55.90'' W.; thence northerly to latitude 45[deg]05'59.72'' N., longitude 87[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 datum for these geographic coordinates is the World Geodetic System 1984 (WGS 84). 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: November 9, 2017. Approved: Thomas P. Smith, Chief, Operations and Regulatory Division, Directorate of Civil Works. [FR Doc. 2017-24890 Filed 11-15-17; 8:45 am] BILLING CODE 3720-58-P
![53422 Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Rules and Regulations
DEPARTMENT OF DEFENSE expand the previously established b. Impact on Small Entities
restricted area in the Menominee River, The Regulatory Flexibility Act of
Department of the Army, Corps of at the Marinette Marine Corporation 1980, 5 U.S.C. 601–612, as amended,
Engineers Shipyard, Marinette, Wisconsin. The requires Federal agencies to consider
amendment would also add a provision the potential impact of regulations on
33 CFR Part 334 of disestablishment whereby the small entities during rulemaking. The
[COE–2016–0005] restricted area would be disestablished term ‘‘small entities’’ comprises small
by no later than November 17, 2025. By businesses, not-for-profit organizations
United States Navy Restricted Area, correspondence dated October 29, 2015, that are independently owned and
Menominee River, Marinette Marine the Department of the Navy, requested operated and are not dominant in their
Corporation Shipyard, Marinette, that the Corps of Engineers amend the fields, and governmental jurisdictions
Wisconsin regulations concerning this restricted with populations of less than 50,000.
area. The Corps certifies under 5 U.S.C.
AGENCY: U.S. Army Corps of Engineers, On August 11, 2016, the Corps’ St.
DoD. 605(b) that this rule would not have a
Paul District issued a local public notice significant economic impact on a
ACTION: Final rule. soliciting comments on the proposed substantial number of small entities.
rule from all known interested parties While some owners or operators of
SUMMARY: The U.S. Army Corps of
and no comments were received. The vessels that intend to transit the
Engineers published a document in the
proposed rule was published in the restricted area may be small entities, for
Federal Register on May 24, 2011,
August 10, 2016 edition of the Federal the reasons stated in paragraph (a) above
amending its regulations to establish a
Register (81 FR 52781) with the docket this rule would not have a significant
restricted area in the Menominee River
number COE–2016–0005 and one economic impact on any vessel owner
at the Marinette Marine Corporation
comment was received. One commenter or operator. In addition, the restricted
Shipyard in Marinette, Wisconsin. The
requested that the first set of coordinates area is necessary to address a major anti-
Corps published correcting amendments
be recalculated to ensure correct terrorism and safety concern due to the
in the Federal Register on April 4, 2012,
position along the shoreline and asked lack of perimeter fencing or physical
which corrected latitude and longitude
that the final rule include an explicit denial system. Small entities can utilize
coordinates and also revised
statement in regards to the horizontal navigable waters outside of the
administrative and enforcement
datum used. The Corps responded to the restricted area. Small entities may also
responsibilities. The Corps is further
comment by recalculating and updating transit the restricted area as long as they
amending these regulations to expand
the first set of coordinates as well as obtain permission from the Supervisor
the existing restricted area to provide
adding a statement in the final rule in of Shipbuilding, Conversion and Repair,
additional area of protection during the
regards to the horizontal datum used. USN, Bath, ME or his/her authorized
construction and launching of Littoral
Combat Ships. The expansion would Procedural Requirements representative. The restricted area is
result in temporary encroachment necessary to provide adequate
a. Regulatory Planning and Review protection of U.S. Navy combat vessels,
within the Menominee River Federal
Navigation Channel. The regulations are Executive Orders 12866 and 13563 their materials, equipment to be
necessary to provide adequate direct agencies to assess the costs and installed therein, and crew, while
protection of U.S. Navy (USN) combat benefits of available regulatory located at the Marinette Marine
vessels, their materials, equipment to be alternatives and, if regulation is Corporation Shipyard. The restricted
installed therein, and crew, while necessary, to select regulatory area does not occupy the entire Federal
located at the Marinette Marine approaches that maximize net benefits. navigation channel near the shipyard
Corporation Shipyard. Executive Order 13771 directs agencies and vessels utilizing that channel can
DATES: Effective December 18, 2017. to control regulatory costs through a transit around the restricted area, or
budgeting process. This proposed rule obtain permission to transit the
ADDRESSES: Headquarters, U.S. Army
has not been designated a ‘‘significant restricted area. After considering the
Corps of Engineers, Operations and
regulatory action,’’ under Executive economic impacts of this restricted area
Regulatory Community of Practice, 441
Order 12866. Accordingly, this regulation on small entities, I certify
G Street NW., Washington, DC 20314–
proposed rule has not been reviewed by that this action will not have a
1000.
the Office of Management and Budget significant impact on a substantial
FOR FURTHER INFORMATION CONTACT: Mr.
(OMB), and pursuant to OMB guidance number of small entities.
David Olson, Headquarters, Operations it is exempt from the requirements of c. Review Under the National
and Regulatory Community of Practice, Executive Order 13771. Environmental Policy Act. An
Washington, DC at 202–761–4922 or by The Corps has made a determination environmental assessment (EA) has
email at david.b.olson@usace.army.mil this proposed rule is not a significant been prepared. We have concluded that
or Mr. Ryan J. Huber, U.S. Army Corps regulatory action. This regulatory action the establishment of the restricted area
of Engineers, St. Paul District, determination is based on the size and will not have a significant impact to the
Regulatory Branch, at 651–290–5859 or location of the restricted area. The quality of the human environment and,
by email at ryan.j.huber@ restricted area does not occupy the therefore, preparation of an
usace.army.mil. entire Federal navigation channel near environmental impact statement is not
SUPPLEMENTARY INFORMATION: Pursuant the shipyard and vessels utilizing that required. The final EA and Finding of
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to its authorities under Section 7 of the channel can transit around the restricted No Significant Impact may be reviewed
Rivers and Harbors Act of 1917 (40 State area. An operator of a vessel may also at the District Office listed at the end of
266; 33 U.S.C. 1) and Chapter XIX of the transit the restricted area as long as he the FOR FURTHER INFORMATION CONTACT
Army Appropriations Act of 1919 (40 or she obtains permission from the section, above.
Stat. 892; 33 U.S.C. 3), the Corps is Supervisor of Shipbuilding, Conversion d. Unfunded Mandates Reform Act.
amending restricted area regulations at and Repair, USN, Bath, ME or his/her This rule does not impose an
33 CFR part 334 by revising § 334.815 to authorized representative. enforceable duty among the private
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![Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Rules and Regulations 53423
sector and, therefore, is not a Federal and Repair, USN, Bath, ME and/or such Jefferson Clinton Bldg., Rm. 3334, 1301
private sector mandate and is not agencies or persons as he/she may Constitution Ave. NW., Washington, DC
subject to the requirements of Section designate. 20460–0001. The Public Reading Room
202 or 205 of the Unfunded Mandates (d) Disestablishment of restricted is open from 8:30 a.m. to 4:30 p.m.,
Reform Act (Pub. L. 104–4, 109 Stat. 48, area. The restricted area will be Monday through Friday, excluding legal
2 U.S.C. 1501 et seq.). We have also disestablished not later than November holidays. The telephone number for the
found, under Section 203 of the Act, 17, 2025, unless written application for Public Reading Room is (202) 566–1744,
that small governments will not be its continuance is made to and approved and the telephone number for the OPP
significantly or uniquely affected by this by the Secretary of the Army prior to Docket is (703) 305–5805. Please review
rule. that date. the visitor instructions and additional
List of Subjects in 33 CFR Part 334 Dated: November 9, 2017. information about the docket available
Approved: at http://www.epa.gov/dockets.
Danger zones, Marine safety, FOR FURTHER INFORMATION CONTACT:
Navigation (water), Restricted areas, Thomas P. Smith,
Chief, Operations and Regulatory Division,
Christina Scheltema, Pesticide Re-
Waterways. evaluation Division (7508P), Office of
Directorate of Civil Works.
For the reasons stated in the Pesticide Programs, Environmental
preamble, the Corps is amending 33 [FR Doc. 2017–24890 Filed 11–15–17; 8:45 am]
Protection Agency, 1200 Pennsylvania
CFR part 334 to read as follows: BILLING CODE 3720–58–P
Ave. NW., Washington, DC 20460–0001;
telephone number: (703) 308–2201;
PART 334—DANGER ZONE AND
email address: scheltema.christina@
RESTRICTED AREA REGULATIONS ENVIRONMENTAL PROTECTION epa.gov.
AGENCY
■ 1. The authority citation for part 334 SUPPLEMENTARY INFORMATION:
continues to read as follows: 40 CFR Part 180 I. General Information
Authority: 40 Stat. 266 (33 U.S.C. 1) and [EPA–HQ–OPP–2008–0824; FRL–9966–10]
40 Stat. 892 (33 U.S.C. 3). A. Does this action apply to me?
RIN 2070–ZA16 You may be potentially affected by
■ 2. Revise § 334.815 to read as follows:
Tebufenozide; Pesticide Tolerance this action if you are an agricultural
§ 334.815 Menominee River, at the producer, food manufacturer, or
Marinette Marine Corporation Shipyard, Actions
Marinette, Wisconsin; naval restricted area.
pesticide manufacturer. The following
AGENCY: Environmental Protection list of North American Industrial
(a) The area. The waters adjacent to Agency (EPA). Classification System (NAICS) codes is
Marinette Marine Corporation’s pier not intended to be exhaustive, but rather
ACTION: Final rule.
defined by a rectangular shape on the provides a guide to help readers
south side of the river beginning on SUMMARY: EPA is establishing tolerances determine whether this document
shore at the eastern property line of for residues of tebufenozide in or on applies to them. Potentially affected
Marinette Marine Corporation at multiple commodities, which are entities may include:
latitude 45°05′58.70″ N., longitude identified and discussed later in this • Crop production (NAICS code 111).
87°36′55.90″ W.; thence northerly to document. In addition, EPA is • Animal production (NAICS code
latitude 45°05′59.72″ N., longitude correcting commodity definitions, 112).
87°36′55.61″ W.; thence westerly to updating crop group tolerances, and • Food manufacturing (NAICS code
latitude 45°06′03.22″ N., longitude harmonizing U.S. tolerances with 311).
87°37′09.75″ W.; thence westerly to Codex. EPA is also removing tolerances • Pesticide manufacturing (NAICS
latitude 45°06′03.78″ N., longitude for residues of tebufenozide that are no code 32532).
87°37′16.40″ W.’ thence southerly to longer needed due to the changes listed.
latitude 45°06′2.80″ N., longitude B. How can I get electronic access to
EPA is also amending the existing
87°37′16.56″ W.; thence easterly along other related information?
tolerance for almond, hulls under the
the Marinette Marine Corporation pier Federal Food, Drug, and Cosmetic Act You may access a frequently updated
to the point of origin. The datum for (FFDCA). electronic version of 40 CFR part 180
these geographic coordinates is the through the Government Printing
DATES: This regulation is effective
World Geodetic System 1984 (WGS 84). Office’s e-CFR site at http://www.ecfr.
November 16, 2017. However, certain
The restricted area will be marked by a gov/cgi-bin/text-idx?&c=ecfr&tpl=/
regulatory actions will not occur until
lighted and signed floating buoy line. ecfrbrowse/Title40/40tab_02.tpl.
(b) The regulation. All persons, the date specified in the regulatory text.
swimmers, vessels and other craft, Objections and requests for hearings C. How can I file an objection or hearing
except those vessels under the must be received on or before January request?
supervision or contract to local military 16, 2018, and must be filed in Under FFDCA section 408(g), 21
or Naval authority, vessels of the United accordance with the instructions U.S.C. 346a, any person may file an
States Coast Guard, and local or state provided in 40 CFR part 178 (see also objection to any aspect of this regulation
law enforcement vessels, are prohibited Unit I.C. of the SUPPLEMENTARY and may also request a hearing on those
INFORMATION). objections. You must file your objection
from entering the restricted area when
marked by signed floating buoy line ADDRESSES: The docket for this action, or request a hearing on this regulation
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without permission from the Supervisor identified by docket identification (ID) in accordance with the instructions
of Shipbuilding, Conversion and Repair, number EPA–HQ–OPP–2008–0824, is provided in 40 CFR part 178. To ensure
USN, Bath, ME or his/her authorized available at http://www.regulations.gov proper receipt by EPA, you must
representative. or at the Office of Pesticide Programs identify docket ID number EPA–HQ–
(c) Enforcement. The regulation in Regulatory Public Docket (OPP Docket) OPP–2008–0824 in the subject line on
this section shall be enforced by the in the Environmental Protection Agency the first page of your submission. All
Supervisor of Shipbuilding, Conversion Docket Center (EPA/DC), West William objections and requests for a hearing
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Document Created: 2017-11-16 03:53:39
Document Modified: 2017-11-16 03:53:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective December 18, 2017. | |
| Contact | Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922 or by email at [email protected] or Mr. Ryan J. Huber, U.S. Army Corps of Engineers, St. Paul District, Regulatory Branch, at 651-290-5859 or by email at [email protected] | |
| FR Citation | 82 FR 53422 | |
| CFR Associated | Danger Zones; Marine Safety; Navigation (water); Restricted Areas and Waterways |
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