80_FR_52355 80 FR 52188 - Safety Zone; Upper Mississippi River MM 180.0 to 180.5; St. Louis, MO

80 FR 52188 - Safety Zone; Upper Mississippi River MM 180.0 to 180.5; St. Louis, MO

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 167 (August 28, 2015)

Page Range52188-52190
FR Document2015-21373

The Coast Guard is establishing a temporary safety zone for all waters of the Upper Mississippi River, surface to bottom, between mile 180.0 and 180.5. This temporary safety zone is necessary to protect persons and property from potential damage and safety hazards during Lumiere Place Fireworks displays. During the periods of enforcement, no vessels may be located within the Coast Guard safety zone. Entry into this Coast Guard safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Upper Mississippi River or other designated representative.

Federal Register, Volume 80 Issue 167 (Friday, August 28, 2015)
[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Rules and Regulations]
[Pages 52188-52190]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21373]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0704]
RIN 1625-AA00


Safety Zone; Upper Mississippi River MM 180.0 to 180.5; St. 
Louis, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Upper Mississippi River, surface to bottom, between 
mile 180.0 and 180.5. This temporary safety zone is necessary to 
protect persons and property from potential damage and safety hazards 
during Lumiere Place Fireworks displays. During the periods of 
enforcement, no vessels may be located within the Coast Guard safety 
zone. Entry into this Coast Guard safety zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Upper 
Mississippi River or other designated representative.

DATES: This rule is effective from 9:30 p.m. to 10:30 p.m. on August 
29, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0704. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR S.M. Peterson, Chief of Prevention, U.S. Coast 
Guard; telephone (314) 269-2332, email [email protected]. If you 
have questions on viewing or submitting material to the docket, call 
Cheryl Collins, Program Manager, Docket Operations, telephone (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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

[[Page 52189]]

notice of proposed rulemaking (NPRM) with respect to this rule. This 
event was originally scheduled to occur between July 2 and 4, 2015. 
However, due to high water, the event was rescheduled. The Coast Guard 
did not receive notice of the new event date until July 17, 2015 and 
could not complete the full notice and comment process prior to the 
date of the event. However, due to the potential hazards associated 
with fireworks displays, a safety zone is required to protect persons 
and property on the waterway during the displays. Completing the notice 
and comment period is impracticable because it would unnecessarily 
delay this rule and the immediate safety measures it provides. 
Additionally, delaying the effective date for this safety zone would be 
contrary to public interest.
    For the same reasons, 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. Providing a full 30 
days notice would be impracticable and would unnecessarily delay the 
effective date of this rule. Delaying the effective date would also be 
contrary to public interest since immediate action is necessary to 
protect persons and property from potential hazards associated with 
fireworks displays over or on the Upper Mississippi River.

B. Basis and Purpose

    A fireworks display is scheduled for August 29, 2015. This display 
will feature fireworks being launched from a barge located in the 
navigable channel between miles 180.0 and 180.5 on the Upper 
Mississippi River in the St. Louis Harbor. The Coast Guard determined 
that a safety zone is necessary to keep persons and property clear of 
any potential hazards associated with the launching of fireworks on or 
over the waterway.
    The legal basis and authorities for this rule are found in 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, which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The purpose of the rule is to establish the necessary temporary 
safety zone to provide protection for persons and property, including 
spectators, commercial and recreational vessels, and others that may be 
in the area during the noticed fireworks display times from the hazards 
associated with the fireworks display on and over the waterway.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone from 9:30 
p.m. to 10:30 p.m. on August 29, 2015, for the Lumiere Place fireworks 
display. The fireworks will be launched from a barge located within the 
navigational channel and the safety zone will include all waters 
between Upper Mississippi River miles 180.0 and 180.5. The Coast Guard 
will enforce the temporary safety zone and may be assisted by other 
federal, state and local agencies and the Coast Guard Auxiliary. During 
the periods of enforcement, no vessels may transit into, through, or 
remain within this Coast Guard safety zone. Deviation from this safety 
zone may be requested by contacting the COTP Upper Mississippi River or 
other designated representative. Deviations will be considered on a 
case-by-case basis.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This temporary final 
rule establishes a safety zone that will be enforced for a limited time 
period. During the enforcement period, vessels are prohibited from 
entering into or remaining within the safety zone unless specifically 
authorized by the COTP Upper Mississippi River or other designated 
representative. Based on the location, limited safety zone size, and 
short duration of the enforcement period, this rule does not pose a 
significant regulatory impact. Additionally, notice of this safety zone 
or any changes in the planned schedule will be made via Broadcast 
Notice to Mariners, Local Notices to Mariners, and/or Safety Marine 
Information Broadcasts as appropriate. Deviation from this rule may be 
requested from the COTP Sector Upper Mississippi River and will be 
considered on a case-by-case basis.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
safety zone would be activated, and thus subject to enforcement, for 
only one hour. Although the safety zone would apply to the entire width 
of the river, traffic may be allowed to pass through the zone with the 
permission of the COTP. Before the activation of the zone, we would 
issue maritime advisories widely available to users of the river.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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

[[Page 52190]]

power and responsibilities among the various levels of government. We 
have analyzed this rule under that Order and determined that this rule 
does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 establishment of a temporary safety 
zone to protect persons and property from potential hazards associated 
with the scheduled Lumiere Place Fireworks display taking place on or 
over the Upper Mississippi River. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

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. Temporary Sec.  165.T08-0540 is added to read as follows:


Sec.  165.T08-0540  Safety Zone; Upper Mississippi River between MM 
180.0 and 180.5; St. Louis, MN.

    (a) Location. The following area is a safety zone: All waters of 
the Upper Mississippi River between MM 180.0 and 180.5, St. Louis, MO, 
extending the entire width of the river.
    (b) Effective dates. This rule is effective from 9:30 p.m. to 10:30 
p.m. on August 29, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, movement within, or departure 
from this zone is prohibited unless authorized by the COTP Upper 
Mississippi River or a designated representative.
    (2) Persons or vessels requiring entry into, departure from, or 
movement within a regulated area must request permission from the COTP 
Upper Mississippi River or a designated representative. They may be 
contacted on VHF-FM Channel 16, or through Coast Guard Sector Upper 
Mississippi River at (314) 269-2332.
    (3) All persons and vessels shall comply with the instruction of 
the COTP Upper Mississippi River and designated on-scene personnel.
    (d) Informational Broadcasts. The COTP Upper Mississippi River or a 
designated representative will inform the public through Broadcast 
Notice to Mariners, Local Notice to Mariners, and/or Safety Marine 
Information Broadcasts as appropriate of the enforcement period for 
each safety zone as well as any changes in the planned and published 
dates and times of enforcement.

    Dated: August 13, 2015.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2015-21373 Filed 8-27-15; 8:45 am]
BILLING CODE 9110-04-P



                                           52188              Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Rules and Regulations

                                           operating schedule immediately at the                   SUPPLEMENTARY INFORMATION:       The                  ACTION:   Temporary final rule.
                                           end of the effective period of this                     Lehigh Valley Drawbridge, mile 4.3,
                                           temporary deviation. This deviation                     across Newark Bay has a vertical                      SUMMARY:   The Coast Guard is
                                           from the operating regulations is                       clearance in the closed position of 35                establishing a temporary safety zone for
                                           authorized under 33 CFR 117.35.                         feet at mean high water and 39 feet at                all waters of the Upper Mississippi
                                                                                                   mean low water. The existing bridge                   River, surface to bottom, between mile
                                             Dated: August 19, 2015.                                                                                     180.0 and 180.5. This temporary safety
                                           C.J. Bisignano,
                                                                                                   operating regulations are found at 33
                                                                                                   CFR 117.5.                                            zone is necessary to protect persons and
                                           Supervisory Bridge Management Specialist,                                                                     property from potential damage and
                                                                                                      The waterway has commercial oil
                                           First Coast Guard District.                                                                                   safety hazards during Lumiere Place
                                                                                                   barge traffic of various sizes and
                                           [FR Doc. 2015–21371 Filed 8–27–15; 8:45 am]
                                                                                                   recreational vessels.                                 Fireworks displays. During the periods
                                           BILLING CODE 9110–04–P                                     Consolidated Rail Corporation                      of enforcement, no vessels may be
                                                                                                   requested this temporary deviation from               located within the Coast Guard safety
                                                                                                   the normal operating schedule to                      zone. Entry into this Coast Guard safety
                                           DEPARTMENT OF HOMELAND                                  facilitate essential maintenance repairs.             zone is prohibited unless specifically
                                           SECURITY                                                   Under this temporary deviation, the                authorized by the Captain of the Port
                                                                                                   Lehigh Valley Drawbridge will operate                 (COTP) Upper Mississippi River or
                                           Coast Guard                                                                                                   other designated representative.
                                                                                                   according to the schedule below:
                                                                                                      a. From 7 a.m. through 5 p.m. on                   DATES: This rule is effective from 9:30
                                           33 CFR Part 117                                         September 13, 2015 the bridge will not                p.m. to 10:30 p.m. on August 29, 2015.
                                           [Docket No. USCG–2015–0807]                             open to marine traffic.                               ADDRESSES: Documents mentioned in
                                                                                                      b. From 7 a.m. through 5 p.m., on                  this preamble are part of docket USCG–
                                           Drawbridge Operation Regulation;                        September 14, 2015 the bridge will not                2015–0704. To view documents
                                           Newark Bay, Newark, NJ                                  open for marine traffic.                              mentioned in this preamble as being
                                                                                                      c. Should a rain date be necessary,                available in the docket, go to http://
                                           AGENCY: Coast Guard, DHS.                               from 7 a.m. through 5 p.m. on
                                           ACTION:Notice of deviation from                                                                               www.regulations.gov, type the docket
                                                                                                   September 20, 2015 the bridge will not                number in the ‘‘SEARCH’’ box and click
                                           drawbridge regulation.                                  open to marine traffic.                               ‘‘SEARCH.’’ Click on Open Docket
                                           SUMMARY:    The Coast Guard has issued a                   The bridge will not be able to open in             Folder on the line associated with this
                                           temporary deviation from the operating                  the event of an emergency. There is no                rulemaking. You may also visit the
                                           schedule that governs the Lehigh Valley                 alternate route for vessel traffic;                   Docket Management Facility in Room
                                           Drawbridge, across Newark Bay, mile                     however, vessels that can pass under the              W12–140 on the ground floor of the
                                                                                                   closed draws during this closure may do               Department of Transportation West
                                           4.3, at Newark, New Jersey. This
                                                                                                   so at any time.                                       Building, 1200 New Jersey Avenue SE.,
                                           deviation is necessary to replace bridge
                                                                                                      The Coast Guard will inform the users
                                           timbers and miter rails. This deviation                                                                       Washington, DC 20590, between 9 a.m.
                                                                                                   of the waterway through our Local
                                           allows the bridge to remain in the                                                                            and 5 p.m., Monday through Friday,
                                                                                                   Notice to Mariners of the change in
                                           closed position for 10 hours for two                                                                          except Federal holidays.
                                                                                                   operating schedule for the bridge so that
                                           days.                                                   vessels can arrange their transits to                 FOR FURTHER INFORMATION CONTACT: If
                                           DATES: This deviation is effective from                 minimize any impact caused by the                     you have questions on this rule, call or
                                           7 a.m. to 5 p.m. on September 13, 2015                  temporary deviation.                                  email LCDR S.M. Peterson, Chief of
                                           and from 7 a.m. to 5 p.m. on September                     In accordance with 33 CFR 117.35(e),               Prevention, U.S. Coast Guard; telephone
                                           14, 2015, with a rain date on September                 the drawbridge must return to its regular             (314) 269–2332, email
                                           20, 2015 from 7 a.m. to 5 p.m.                          operating schedule immediately at the                 Sean.M.Peterson@uscg.mil. If you have
                                           ADDRESSES: The docket for this                          end of the effective period of this                   questions on viewing or submitting
                                           deviation, [USCG–2015–0807] is                          temporary deviation. This deviation                   material to the docket, call Cheryl
                                           available at http://www.regulations.gov.                from the operating regulations is                     Collins, Program Manager, Docket
                                           Type the docket number in the                           authorized under 33 CFR 117.35.                       Operations, telephone (202) 366–9826.
                                           ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                     Dated: August 19, 2015.
                                           Click on Open Docket Folder on the line                 C.J. Bisignano,                                       Table of Acronyms
                                           associated with this deviation. You may                 Supervisory Bridge Management Specialist,             DHS Department of Homeland Security
                                           also visit the Docket Management                        First Coast Guard District.                           FR Federal Register
                                           Facility in Room W12–140, on the                        [FR Doc. 2015–21369 Filed 8–27–15; 8:45 am]           NPRM Notice of Proposed Rulemaking
                                           ground floor of the Department of                       BILLING CODE 9110–04–P
                                           Transportation West Building, 1200                                                                            A. Regulatory History and Information
                                           New Jersey Avenue SE., Washington,                                                                               The Coast Guard is issuing this
                                           DC 20590, between 9 a.m. and 5 p.m.,                    DEPARTMENT OF HOMELAND                                temporary final rule without prior
                                           Monday through Friday, except Federal                   SECURITY                                              notice and opportunity to comment
                                           holidays.                                                                                                     pursuant to authority under section 4(a)
                                           FOR FURTHER INFORMATION CONTACT: If                     Coast Guard                                           of the Administrative Procedure Act
                                           you have questions on this temporary                                                                          (APA) (5 U.S.C. 553(b)). This provision
                                           deviation, contact Mr. Joe M. Arca,                     33 CFR Part 165                                       authorizes an agency to issue a rule
                                           Project Officer, First Coast Guard                                                                            without prior notice and opportunity to
Lhorne on DSK5TPTVN1PROD with RULES




                                                                                                   [Docket Number USCG–2015–0704]
                                           District, telephone (212) 514–4336,                                                                           comment when the agency for good
                                           email joe.m.arca@uscg.mil. If you have                  RIN 1625–AA00                                         cause finds that those procedures are
                                           questions on viewing the docket, call                                                                         ‘‘impracticable, unnecessary, or contrary
                                                                                                   Safety Zone; Upper Mississippi River
                                           Ms. Cheryl Collins, Program Manager,                                                                          to the public interest.’’ Under 5 U.S.C.
                                                                                                   MM 180.0 to 180.5; St. Louis, MO
                                           Docket Operations, telephone (202)                                                                            553(b)(B), the Coast Guard finds that
                                           366–9826.                                               AGENCY:    Coast Guard, DHS.                          good cause exists for not publishing a


                                      VerDate Sep<11>2014   12:56 Aug 27, 2015   Jkt 235001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\28AUR1.SGM   28AUR1


                                                              Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Rules and Regulations                                        52189

                                           notice of proposed rulemaking (NPRM)                    C. Discussion of the Final Rule                       2. Impact on Small Entities
                                           with respect to this rule. This event was                                                                        The Regulatory Flexibility Act of 1980
                                           originally scheduled to occur between                      The Coast Guard is establishing a
                                                                                                   temporary safety zone from 9:30 p.m. to               (RFA), 5 U.S.C. 601–612, as amended,
                                           July 2 and 4, 2015. However, due to                                                                           requires federal agencies to consider the
                                           high water, the event was rescheduled.                  10:30 p.m. on August 29, 2015, for the
                                                                                                   Lumiere Place fireworks display. The                  potential impact of regulations on small
                                           The Coast Guard did not receive notice                                                                        entities during rulemaking. The Coast
                                           of the new event date until July 17, 2015               fireworks will be launched from a barge
                                                                                                                                                         Guard certifies under 5 U.S.C. 605(b)
                                           and could not complete the full notice                  located within the navigational channel
                                                                                                                                                         that this rule will not have a significant
                                           and comment process prior to the date                   and the safety zone will include all
                                                                                                                                                         economic impact on a substantial
                                           of the event. However, due to the                       waters between Upper Mississippi River
                                                                                                                                                         number of small entities.
                                           potential hazards associated with                       miles 180.0 and 180.5. The Coast Guard                   This safety zone would not have a
                                           fireworks displays, a safety zone is                    will enforce the temporary safety zone                significant economic impact on a
                                           required to protect persons and property                and may be assisted by other federal,                 substantial number of small entities for
                                           on the waterway during the displays.                    state and local agencies and the Coast                the following reasons. This safety zone
                                           Completing the notice and comment                       Guard Auxiliary. During the periods of                would be activated, and thus subject to
                                           period is impracticable because it would                enforcement, no vessels may transit                   enforcement, for only one hour.
                                           unnecessarily delay this rule and the                   into, through, or remain within this                  Although the safety zone would apply
                                           immediate safety measures it provides.                  Coast Guard safety zone. Deviation from               to the entire width of the river, traffic
                                           Additionally, delaying the effective date               this safety zone may be requested by                  may be allowed to pass through the
                                           for this safety zone would be contrary to               contacting the COTP Upper Mississippi                 zone with the permission of the COTP.
                                           public interest.                                        River or other designated representative.             Before the activation of the zone, we
                                              For the same reasons, under 5 U.S.C.                 Deviations will be considered on a case-              would issue maritime advisories widely
                                           553(d)(3), the Coast Guard finds that                   by-case basis.                                        available to users of the river.
                                           good cause exists for making this rule                  D. Regulatory Analyses                                3. Assistance for Small Entities
                                           effective less than 30 days after
                                           publication in the Federal Register.                      We developed this rule after                           Under section 213(a) of the Small
                                           Providing a full 30 days notice would be                considering numerous statutes and                     Business Regulatory Enforcement
                                           impracticable and would unnecessarily                   executive orders related to rulemaking.               Fairness Act of 1996 (Pub. L. 104–121),
                                           delay the effective date of this rule.                  Below we summarize our analyses                       we want to assist small entities in
                                           Delaying the effective date would also                  based on these statutes and executive                 understanding this rule. If the rule
                                           be contrary to public interest since                    orders.                                               would affect your small business,
                                           immediate action is necessary to protect                                                                      organization, or governmental
                                                                                                   1. Regulatory Planning and Review                     jurisdiction and you have questions
                                           persons and property from potential
                                           hazards associated with fireworks                         This rule is not a significant                      concerning its provisions or options for
                                           displays over or on the Upper                                                                                 compliance, please contact the person
                                                                                                   regulatory action under section 3(f) of
                                           Mississippi River.                                                                                            listed in the FOR FURTHER INFORMATION
                                                                                                   Executive Order 12866, Regulatory
                                                                                                                                                         CONTACT, above.
                                           B. Basis and Purpose                                    Planning and Review, as supplemented
                                                                                                                                                            Small businesses may send comments
                                                                                                   by Executive Order 13563, Improving                   on the actions of Federal employees
                                             A fireworks display is scheduled for                  Regulation and Regulatory Review, and
                                           August 29, 2015. This display will                                                                            who enforce, or otherwise determine
                                                                                                   does not require an assessment of                     compliance with, Federal regulations to
                                           feature fireworks being launched from a                 potential costs and benefits under
                                           barge located in the navigable channel                                                                        the Small Business and Agriculture
                                                                                                   section 6(a)(3) of Executive Order 12866              Regulatory Enforcement Ombudsman
                                           between miles 180.0 and 180.5 on the                    or under section 1 of Executive Order                 and the Regional Small Business
                                           Upper Mississippi River in the St. Louis                13563. The Office of Management and                   Regulatory Fairness Boards. The
                                           Harbor. The Coast Guard determined                      Budget has not reviewed it under those                Ombudsman evaluates these actions
                                           that a safety zone is necessary to keep                 Orders. This temporary final rule                     annually and rates each agency’s
                                           persons and property clear of any                       establishes a safety zone that will be                responsiveness to small business. If you
                                           potential hazards associated with the                   enforced for a limited time period.                   wish to comment on actions by
                                           launching of fireworks on or over the                   During the enforcement period, vessels                employees of the Coast Guard, call 1–
                                           waterway.                                               are prohibited from entering into or                  888–REG–FAIR (1–888–734–3247). The
                                             The legal basis and authorities for this              remaining within the safety zone unless               Coast Guard will not retaliate against
                                           rule are found in 33 U.S.C. 1231; 50                    specifically authorized by the COTP                   small entities that question or complain
                                           U.S.C. 191; 33 CFR 1.05–1, 6.04–1,                      Upper Mississippi River or other                      about this rule or any policy or action
                                           6.04–6, and 160.5; Department of                        designated representative. Based on the               of the Coast Guard.
                                           Homeland Security Delegation no.                        location, limited safety zone size, and
                                           0170.1, which collectively authorize the                short duration of the enforcement                     4. Collection of Information
                                           Coast Guard to establish and define                     period, this rule does not pose a                        This rule will not call for a new
                                           safety zones.                                           significant regulatory impact.                        collection of information under the
                                             The purpose of the rule is to establish               Additionally, notice of this safety zone              Paperwork Reduction Act of 1995 (44
                                           the necessary temporary safety zone to                  or any changes in the planned schedule                U.S.C. 3501–3520).
                                           provide protection for persons and                      will be made via Broadcast Notice to
                                           property, including spectators,                         Mariners, Local Notices to Mariners,                  5. Federalism
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                                           commercial and recreational vessels,                    and/or Safety Marine Information                         A rule has implications for federalism
                                           and others that may be in the area                      Broadcasts as appropriate. Deviation                  under Executive Order 13132,
                                           during the noticed fireworks display                    from this rule may be requested from                  Federalism, if it has a substantial direct
                                           times from the hazards associated with                  the COTP Sector Upper Mississippi                     effect on the States, on the relationship
                                           the fireworks display on and over the                   River and will be considered on a case-               between the national government and
                                           waterway.                                               by-case basis.                                        the States, or on the distribution of


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                                           52190              Federal Register / Vol. 80, No. 167 / Friday, August 28, 2015 / Rules and Regulations

                                           power and responsibilities among the                    12. Energy Effects                                    § 165.T08–0540 Safety Zone; Upper
                                           various levels of government. We have                                                                         Mississippi River between MM 180.0 and
                                           analyzed this rule under that Order and                   This action is not a ‘‘significant                  180.5; St. Louis, MN.
                                           determined that this rule does not have                 energy action’’ under Executive Order                   (a) Location. The following area is a
                                           implications for federalism.                            13211, Actions Concerning Regulations                 safety zone: All waters of the Upper
                                                                                                   That Significantly Affect Energy Supply,              Mississippi River between MM 180.0
                                           6. Protest Activities                                   Distribution, or Use.                                 and 180.5, St. Louis, MO, extending the
                                             The Coast Guard respects the First                                                                          entire width of the river.
                                                                                                   13. Technical Standards
                                           Amendment rights of protesters.                                                                                  (b) Effective dates. This rule is
                                           Protesters are asked to contact the                       This rule does not use technical                    effective from 9:30 p.m. to 10:30 p.m. on
                                           person listed in the FOR FURTHER                        standards. Therefore, we did not                      August 29, 2015.
                                           INFORMATION CONTACT section to                          consider the use of voluntary consensus                  (c) Regulations. (1) In accordance with
                                           coordinate protest activities so that your              standards.                                            the general regulations in § 165.23 of
                                           message can be received without                                                                               this part, entry into, movement within,
                                           jeopardizing the safety or security of                  14. Environment                                       or departure from this zone is
                                           people, places or vessels.                                                                                    prohibited unless authorized by the
                                                                                                      We have analyzed this rule under                   COTP Upper Mississippi River or a
                                           7. Unfunded Mandates Reform Act                         Department of Homeland Security                       designated representative.
                                             The Unfunded Mandates Reform Act                      Management Directive 023–01 and                          (2) Persons or vessels requiring entry
                                           of 1995 (2 U.S.C. 1531–1538) requires                   Commandant Instruction M16475.lD,                     into, departure from, or movement
                                           Federal agencies to assess the effects of               which guide the Coast Guard in                        within a regulated area must request
                                           their discretionary regulatory actions. In              complying with the National                           permission from the COTP Upper
                                           particular, the Act addresses actions                   Environmental Policy Act of 1969                      Mississippi River or a designated
                                           that may result in the expenditure by a                 (NEPA) (42 U.S.C. 4321–4370f), and                    representative. They may be contacted
                                           State, local, or tribal government, in the              have determined that this action is one               on VHF–FM Channel 16, or through
                                           aggregate, or by the private sector of                  of a category of actions that do not                  Coast Guard Sector Upper Mississippi
                                           $100,000,000 (adjusted for inflation) or                individually or cumulatively have a                   River at (314) 269–2332.
                                           more in any one year. Though this rule                  significant effect on the human                          (3) All persons and vessels shall
                                           will not result in such an expenditure,                 environment. This rule involves                       comply with the instruction of the
                                           we do discuss the effects of this rule                  establishment of a temporary safety                   COTP Upper Mississippi River and
                                           elsewhere in this preamble.                             zone to protect persons and property                  designated on-scene personnel.
                                                                                                   from potential hazards associated with                   (d) Informational Broadcasts. The
                                           8. Taking of Private Property                           the scheduled Lumiere Place Fireworks                 COTP Upper Mississippi River or a
                                             This rule will not cause a taking of                  display taking place on or over the                   designated representative will inform
                                           private property or otherwise have                      Upper Mississippi River. This rule is                 the public through Broadcast Notice to
                                           taking implications under Executive                     categorically excluded from further                   Mariners, Local Notice to Mariners,
                                           Order 12630, Governmental Actions and                   review under paragraph 34(g) of Figure                and/or Safety Marine Information
                                           Interference with Constitutionally                      2–1 of the Commandant Instruction. An                 Broadcasts as appropriate of the
                                           Protected Property Rights.                              environmental analysis checklist                      enforcement period for each safety zone
                                                                                                   supporting this determination and a                   as well as any changes in the planned
                                           9. Civil Justice Reform                                 Categorical Exclusion Determination are               and published dates and times of
                                             This rule meets applicable standards                  available in the docket where indicated               enforcement.
                                           in sections 3(a) and 3(b)(2) of Executive               under ADDRESSES. We seek any                            Dated: August 13, 2015.
                                           Order 12988, Civil Justice Reform, to                   comments or information that may lead
                                                                                                                                                         M.L. Malloy,
                                           minimize litigation, eliminate                          to the discovery of a significant
                                                                                                                                                         Captain, U.S. Coast Guard, Captain of the
                                           ambiguity, and reduce burden.                           environmental impact from this rule.
                                                                                                                                                         Port Sector Upper Mississippi River.
                                           10. Protection of Children                              List of Subjects in 33 CFR Part 165                   [FR Doc. 2015–21373 Filed 8–27–15; 8:45 am]
                                                                                                                                                         BILLING CODE 9110–04–P
                                             We have analyzed this rule under                        Harbors, Marine safety, Navigation
                                           Executive Order 13045, Protection of                    (water), Reporting and recordkeeping
                                           Children from Environmental Health                      requirements, Security measures,
                                           Risks and Safety Risks. This rule is not                                                                      ENVIRONMENTAL PROTECTION
                                                                                                   Waterways.                                            AGENCY
                                           an economically significant rule and
                                           does not create an environmental risk to                  For the reasons discussed in the
                                                                                                   preamble, the Coast Guard amends 33                   40 CFR Part 52
                                           health or risk to safety that may
                                           disproportionately affect children.                     CFR part 165 as follows:                              [EPA–R07–OAR–2015–0223; FRL–9933–09–
                                                                                                                                                         Region 7]
                                           11. Indian Tribal Governments                           PART 165—REGULATED NAVIGATION
                                              This rule does not have tribal                       AREAS AND LIMITED ACCESS AREAS                        Approval and Promulgation of Air
                                           implications under Executive Order                                                                            Quality Implementation Plans;
                                           13175, Consultation and Coordination                    ■ 1. The authority citation for part 165              Missouri; 2013 Missouri State
                                           with Indian Tribal Governments,                         continues to read as follows:                         Implementation Plan for the 2008 Lead
                                           because it does not have a substantial                                                                        Standard
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                                                                                                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           direct effect on one or more Indian                     33 CFR 1.05–1, 6.04–1, 6.04–6, AND 160.5;             AGENCY:  Environmental Protection
                                           tribes, on the relationship between the                 Department of Homeland Security Delegation            Agency (EPA).
                                           Federal Government and Indian tribes,                   No. 0170.1.                                           ACTION: Final rule.
                                           or on the distribution of power and
                                           responsibilities between the Federal                    ■ 2. Temporary § 165.T08–0540 is                      SUMMARY: The Environmental Protection
                                           Government and Indian tribes.                           added to read as follows:                             Agency (EPA) is taking final action to


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Document Created: 2015-12-15 11:05:01
Document Modified: 2015-12-15 11:05:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 9:30 p.m. to 10:30 p.m. on August 29, 2015.
ContactIf you have questions on this rule, call or email LCDR S.M. Peterson, Chief of Prevention, U.S. Coast Guard; telephone (314) 269-2332, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 52188 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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