[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Rules and Regulations]
[Pages 66840-66842]
[FR Doc No: 2019-26301]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0926]
RIN 1625-AA00

Safety Zone; Electrical Cable Installation, Menominee River,
Menominee, MI and Marinette, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within 100 yards of a work site pulling new overhead
electrical cables along a line crossing the Menominee River in
Menominee, MI. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards created by the
installation of overhead electrical cables across the river. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Lake Michigan (COTP).

DATES: This rule is effective from 7 a.m. on December 12, 2019, through
10 p.m. on December 21, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0926 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 Kyle Weitzell, Sector Lake Michigan
Waterways Management Division, U.S. Coast Guard; telephone 414-747-
7148, email<EMAIL_ADDRESS>
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 the COTP was made aware of this
project to install new overhead electrical cables on November 19, 2019
and immediate action is needed to mitigate potential safety hazards
associated with the process of pulling the new cables across the
Menominee River. It is impracticable to publish an NPRM because we must
establish this safety zone by December 12, 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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
mitigate potential safety hazards associated with the process of
pulling the new cables across the Menominee River.

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 COTP has determined that
potential safety hazards associated with process of pulling the new
cables across the Menominee River scheduled to take place on one day
from December 12, 2019 through December 21, 2019, will be a safety
concern for anyone within 100 yards from a work site involving the
installation of new overhead electrical cables across the Menominee
River between Menominee, MI and Marinette, WI. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while lines and electrical cables are
being pulled across the river.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on December 12,
2019 through 10 p.m. on December 21, 2019. The safety zone will cover
all navigable waters of the Menominee River within 100 yards of a work
site pulling new overhead electrical cables along a line crossing the
river from coordinates 45.096326[deg] N, 087.602092[deg] W to
45.097197[deg] N, 087.600601[deg] W. This safety zone is intended to be
enforced on one day during the aforementioned timeframe, dependent on
weather conditions. The date and time of the enforcement period will be
announced by the COTP by Broadcast Notice to Mariners. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while lines and electrical cables
are being pulled across the river. Entry into, transiting, or anchoring
within the safety zone is prohibited unless authorized by the COTP or a
designated on-scene representative. The COTP 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
characteristics of the safety zone. The safety zone created by 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 at Menominee, MI and Marinette, WI and is
not anticipated to exceed twelve hours in duration. Thus, restrictions
on vessel movement within that particular area are expected to be
minimal. Under certain conditions, moreover, vessels may still transit
through the safety zone when permitted by the COTP.

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.
    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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email 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, 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 not anticipated to last more than twelve hours that will
prohibit entry within 100 yards of a work site crossing the Menominee
River for the pulling of new overhead electrical cables across the
river. It is categorically excluded from further review under paragraph
L60(a) in Table 3-1 of U.S. Coast Guard Environmental Planning
Implementing Procedures. A Record of Environmental Consideration
supporting this determination will be available in the docket where
indicated under ADDRESSES once it has been completed.

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.T09-0926 to read as follows:

Sec.  165.T09-0926  Safety Zone; Electrical Cable Installation,
Menominee River, Menominee, MI and Marinette, WI.

    (a) Location. All navigable waters of the Menominee River within
100 yards of a line crossing the river from coordinates 45.096326[deg]
N, 087.602092[deg] W to 45.097197[deg] N, 087.600601[deg] W.
    (b) Enforcement period. The regulated area described in paragraph
(a) is effective from 7 a.m. on December 12, 2019 through 10 p.m. on
December 21, 2019 while lines and cables are being pulled across the
river. The Captain of the Port Lake Michigan (COTP) will announce
specific enforcement periods for this safety zone by Broadcast Notice
to Mariners.
    (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 COTP or a designated
on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated on-scene representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
COTP to act on his or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP 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 or an on-scene representative.

    Dated: December 2, 2019.
T.J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2019-26301 Filed 12-5-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: May 14, 2009 (Volume 74, Number 92)]
[Notices]
[Page 22800]
[DOCID:fr14my09-94]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Aviation Proceedings, Agreements Filed the Week Ending April 30,
2009

    The following Agreements were filed with the Department of
Transportation under the provisions of 49 U.S.C. 412 and 414. Answers
may be filed within 21 days after the filing of the application.
    Docket Number: DOT-OST-2009-0102.
    Date Filed: April 29, 2009.
    Parties: Members of the International Air Transport Association.
    Subject: Mail Vote 599--Resolution 010c TC3 Special Passenger
Amending Resolution between Japan, Korea (Rep. of) and China (excluding
Hong Kong SAR and Macao SAR), and between Japan and Korea (Rep. of)
(Memo 1293).
    Intended effective date: 15 May 2009.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
 [FR Doc. E9-11269 Filed 5-13-09; 8:45 am]

BILLING CODE 4910-9X-P


[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Notices]
[Page 49826]
[FR Doc No: 2014-20112]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of ATP Oil & Gas Corp., Cambridge Holdings, Ltd.,
FTE Networks, Inc., Raystream, Inc., and Shelron Group, Inc.; Order of
Suspension of Trading

August 20, 2014.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
ATP Oil & Gas Corp. because it has not filed any periodic reports since
the period ended March 31, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Cambridge Holdings, Ltd. because it has not filed any periodic reports
since the period ended September 30, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
FTE Networks, Inc. because it has not filed any periodic reports since
the period ended June 30, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Raystream, Inc. because it has not filed any periodic reports since the
period ended July 31, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Shelron Group, Inc. because it has not filed any periodic reports since
the period ended December 31, 2012.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on August 20, 2014, through 11:59
p.m. EDT on September 3, 2014.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-20112 Filed 8-20-14; 4:15 pm]
BILLING CODE 8011-01-P