81 FR 23226 - Safety Zone; Upper Mississippi River, Minneapolis, MN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 76 (April 20, 2016)

Page Range		23226-23228
FR Document		2016-09097

The Coast Guard proposes to establish a safety zone on the Upper Mississippi River between miles 853.2 and 854.2. This action is necessary to provide for the safety of life on these navigable waters near Minneapolis, MN, during a fireworks display on July 23, 2016. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Upper Mississippi River or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 76 (Wednesday, April 20, 2016)

[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Proposed Rules]
[Pages 23226-23228]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09097]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0242]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Minneapolis, MN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the 
Upper Mississippi River between miles 853.2 and 854.2. This action is 
necessary to provide for the safety of life on these navigable waters 
near Minneapolis, MN, during a fireworks display on July 23, 2016. This 
proposed rulemaking would prohibit persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port Upper 
Mississippi River or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 20, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0242 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LCDR Sean Peterson, Chief of 
Prevention, U.S. Coast Guard; telephone 314-269-2332, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
UMR Upper Mississippi River

[[Page 23227]]

U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 18, 2016, Marketing Minneapolis notified the Coast Guard 
that they will be conducting a fireworks display from 9:30 p.m. until 
11 p.m. on July 23, 2016, for the official civic celebration of the 
City of Minneapolis. The sponsor has indicated the intent to host this 
event and related fireworks display annually. The Coast Guard will work 
with the sponsor for future occurrences and may propose to add this 
safety zone to the list of permanently recurring safety zones for 
future years to eliminate the need for a separate rulemaking each year. 
For this year, on July 23, the fireworks are to be launch from the 
Third Avenue Highway Bridge over the Mississippi River. Hazards from 
fireworks displays include accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris. The Captain of the 
Port Upper Mississippi River (COTP) has determined that potential 
hazards associated with the fireworks to be used in this display would 
be a safety concern for anyone between miles 853.2 and 854.2 as the 
fireworks being shot from the southern side of the Third Avenue Highway 
Bridge toward the south. The purpose of this rulemaking is to ensure 
the safety of vessels and the navigable waters between miles 853.2 and 
854.2 before, during, and after the scheduled event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 9:30 p.m. to 11 
p.m. on July 23, 2016. The safety zone would cover all navigable waters 
between miles 853.2 and 854.2 on the Upper Mississippi River in 
Minneapolis, MN. The duration of the zone is intended to ensure the 
safety of vessels and these navigable waters before, during, and after 
the scheduled 10 p.m. to 10:30 p.m. fireworks display. No vessel or 
person would be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. During the 
evening vessel traffic is normally low in this area. Moreover, the 
Coast Guard would issue a Safety Marine Information Broadcast via VHF-
FM marine channel 16 about the zone, and the rule would allow vessels 
to seek permission to enter the zone.

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 
proposed rule would 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 
IV.A. above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed 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 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction

[[Page 23228]]

M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule involves a safety 
zone lasting less than 2 hours that would prohibit entry within one 
mile of the fireworks display. Normally such actions are categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of 
Commandant Instruction M16475.lD. A preliminary environmental analysis 
checklist and 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 proposed rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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. Add Sec.  165.T08-0242 to read as follows:


Sec.  165.08-0242  Safety Zone; Upper Mississippi River between miles 
853.2 and 854.2; Minneapolis, MN.

    (a) Location. The following area is a safety zone: All waters of 
the Upper Mississippi River between miles 853.2 and 854.2, from surface 
to bottom, Minneapolis, MN.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Upper Mississippi River (COTP) in the enforcement 
of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through Coast Guard Sector 
Upper Mississippi River at 314-269-2332. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement periods. This section will be enforced from 9:30 
p.m. to 11 p.m. on July 23, 2016.
    (e) Informational Broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the dates and times of enforcement.

    Dated: April 14, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper 
Mississippi.
[FR Doc. 2016-09097 Filed 4-19-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Proposed Rules 23227

U.S.C. United States Code A. Regulatory Planning and Review concerning its provisions or options for
II. Background, Purpose, and Legal Executive Orders 12866 and 13563 compliance, please contact the person
Basis direct agencies to assess the costs and listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
On March 18, 2016, Marketing benefits of available regulatory
alternatives and, if regulation is not retaliate against small entities that
Minneapolis notified the Coast Guard question or complain about this
that they will be conducting a fireworks necessary, to select regulatory
approaches that maximize net benefits. proposed rule or any policy or action of
display from 9:30 p.m. until 11 p.m. on the Coast Guard.
July 23, 2016, for the official civic Executive Order 13563 emphasizes the
celebration of the City of Minneapolis. importance of quantifying both costs C. Collection of Information
The sponsor has indicated the intent to and benefits, of reducing costs, of This proposed rule would not call for
host this event and related fireworks harmonizing rules, and of promoting a new collection of information under
display annually. The Coast Guard will flexibility. This NPRM has not been the Paperwork Reduction Act of 1995
work with the sponsor for future designated a ‘‘significant regulatory (44 U.S.C. 3501–3520).
occurrences and may propose to add action,’’ under Executive Order 12866.
this safety zone to the list of Accordingly, the NPRM has not been D. Federalism and Indian Tribal
permanently recurring safety zones for reviewed by the Office of Management Governments
future years to eliminate the need for a and Budget. A rule has implications for federalism
separate rulemaking each year. For this This regulatory action determination under Executive Order 13132,
year, on July 23, the fireworks are to be is based on the size, location, duration, Federalism, if it has a substantial direct
launch from the Third Avenue Highway and time-of-day of the safety zone. effect on the States, on the relationship
Bridge over the Mississippi River. During the evening vessel traffic is between the national government and
Hazards from fireworks displays include normally low in this area. Moreover, the the States, or on the distribution of
accidental discharge of fireworks, Coast Guard would issue a Safety power and responsibilities among the
dangerous projectiles, and falling hot Marine Information Broadcast via VHF– various levels of government. We have
embers or other debris. The Captain of FM marine channel 16 about the zone, analyzed this proposed rule under that
the Port Upper Mississippi River and the rule would allow vessels to seek Order and have determined that it is
(COTP) has determined that potential permission to enter the zone. consistent with the fundamental
hazards associated with the fireworks to B. Impact on Small Entities federalism principles and preemption
be used in this display would be a safety requirements described in Executive
concern for anyone between miles 853.2 The Regulatory Flexibility Act of Order 13132.
and 854.2 as the fireworks being shot 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
from the southern side of the Third requires Federal agencies to consider tribal implications under Executive
Avenue Highway Bridge toward the the potential impact of regulations on Order 13175, Consultation and
south. The purpose of this rulemaking is small entities during rulemaking. The Coordination with Indian Tribal
to ensure the safety of vessels and the term ‘‘small entities’’ comprises small Governments, because it would not have
navigable waters between miles 853.2 businesses, not-for-profit organizations a substantial direct effect on one or
and 854.2 before, during, and after the that are independently owned and more Indian tribes, on the relationship
scheduled event. The Coast Guard operated and are not dominant in their between the Federal Government and
proposes this rulemaking under fields, and governmental jurisdictions Indian tribes, or on the distribution of
authority in 33 U.S.C. 1231. with populations of less than 50,000. power and responsibilities between the
The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
III. Discussion of Proposed Rule 605(b) that this proposed rule would not If you believe this proposed rule has
The COTP proposes to establish a have a significant economic impact on implications for federalism or Indian
safety zone from 9:30 p.m. to 11 p.m. on a substantial number of small entities. tribes, please contact the person listed
July 23, 2016. The safety zone would While some owners or operators of in the FOR FURTHER INFORMATION
cover all navigable waters between vessels intending to transit the safety CONTACT section.
miles 853.2 and 854.2 on the Upper zone may be small entities, for the
Mississippi River in Minneapolis, MN. reasons stated in section IV.A. above E. Unfunded Mandates Reform Act
The duration of the zone is intended to this proposed rule would not have a The Unfunded Mandates Reform Act
ensure the safety of vessels and these significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
navigable waters before, during, and vessel owner or operator. Federal agencies to assess the effects of
after the scheduled 10 p.m. to 10:30 If you think that your business, their discretionary regulatory actions. In
p.m. fireworks display. No vessel or organization, or governmental particular, the Act addresses actions
person would be permitted to enter the jurisdiction qualifies as a small entity that may result in the expenditure by a
safety zone without obtaining and that this rule would have a State, local, or tribal government, in the
permission from the COTP or a significant economic impact on it, aggregate, or by the private sector of
designated representative. The please submit a comment (see $100,000,000 (adjusted for inflation) or
regulatory text we are proposing appears ADDRESSES) explaining why you think it more in any one year. Though this
at the end of this document. qualifies and how and to what degree proposed rule would not result in such
this rule would economically affect it. an expenditure, we do discuss the
IV. Regulatory Analyses
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Under section 213(a) of the Small effects of this rule elsewhere in this
We developed this proposed rule after Business Regulatory Enforcement preamble.
considering numerous statutes and Fairness Act of 1996 (Public Law 104–
Executive orders related to rulemaking. 121), we want to assist small entities in F. Environment
Below we summarize our analyses understanding this proposed rule. If the We have analyzed this proposed rule
based on a number of these statutes and rule would affect your small business, under Department of Homeland
Executive orders and we discuss First organization, or governmental Security Management Directive 023–01
Amendment rights of protestors. jurisdiction and you have questions and Commandant Instruction

VerDate Sep<11>2014 14:51 Apr 19, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1

Document Created: 2016-04-20 01:51:57
Document Modified: 2016-04-20 01:51:57

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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before May 20, 2016.
Contact		If you have questions about this proposed rulemaking, call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone 314-269-2332, email [email protected]
FR Citation		81 FR 23226
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 23226 - Safety Zone; Upper Mississippi River, Minneapolis, MN

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 76 (April 20, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard