81_FR_34384 81 FR 34280 - Safety Zones; Upper Mississippi River Between Mile 179.2 and 180.5, St. Louis, MO and Between Mile 839.5 and 840, St. Paul, MN

81 FR 34280 - Safety Zones; Upper Mississippi River Between Mile 179.2 and 180.5, St. Louis, MO and Between Mile 839.5 and 840, St. Paul, MN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 104 (May 31, 2016)

Page Range34280-34282
FR Document2016-12712

The Coast Guard is establishing four temporary safety zones for two areas of the Upper Mississippi River (UMR); three safety zones between UMR mile 179.2 and 180.5, and one between UMR mile 839.5 to 840. These temporary safety zones are necessary to protect persons and property from potential damage and safety hazards during fireworks displays on or over the navigable waterway. During the period of enforcement, entry into these safety zones is prohibited unless specifically authorized by the Captain of the Port (COTP) Upper Mississippi River or other designated representative.

Federal Register, Volume 81 Issue 104 (Tuesday, May 31, 2016)
[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34280-34282]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12712]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0354]
RIN 1625-AA00


Safety Zones; Upper Mississippi River Between Mile 179.2 and 
180.5, St. Louis, MO and Between Mile 839.5 and 840, St. Paul, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing four temporary safety zones 
for two areas of the Upper Mississippi River (UMR); three safety zones 
between UMR mile 179.2 and 180.5, and one between UMR mile 839.5 to 
840. These temporary safety zones are necessary to protect persons and 
property from potential damage and safety hazards during fireworks 
displays on or over the navigable waterway. During the period of 
enforcement, entry into these safety zones 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 7:45 p.m. on June 2, 2016 until 
10:30 p.m. on July 4, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0354 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 LCDR Sean Peterson, Chief of Prevention, Sector Upper 
Mississippi River, 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
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 finds good cause 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 these rules because fireworks displays on or over the 
navigable waterway poses safety concerns for waterway users. In this 
case, the Coast Guard was not notified of the fireworks displays until 
April 26, 2016 and May 16, 2016. After full review of the details for 
the planned and locally advertised displays, the Coast Guard determined 
action is needed to protect people and property from the safety hazards 
associated with the fireworks displays on the UMR near St. Louis, MO 
and St. Paul, MN. It is impracticable to publish an NPRM because we 
must establish these safety zones by June 2 and 11, and July 3 and 4, 
2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making the rule effective less 
than 30 days after publication in the Federal Register. Delaying the 
effective date of the rule is contrary to the public interest as it 
would delay the effectiveness of the temporary safety zones needed to 
respond to potential related safety hazards until after the planned 
fireworks displays. This rule does provide approximately 7 to 30 days 
notice for the four safety zones related to the four planned fireworks 
displays on the UMR near St. Louis, MO and St. Paul, MN.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
fireworks displays taking place on or over these sections of navigable 
waterway will be a safety concern for anyone within the areas that are 
designated as the safety zones. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zones during the fireworks displays.

IV. Discussion of the Rule

    This rule establishes four safety zones as follows:
    (1) From 7:45 p.m. until 9 p.m. on June 2, 2016, for the Ribbon 
Cutting Celebration for the Completion of the Riverfront Component for 
the Great Rivers Greenway barge based fireworks display, all waters of 
the UMR from mile 179.2 to 180;
    (2) from 9 p.m. until 11 p.m. on June 11, 2016, for the St. Louis 
Brewers Guild barge based fireworks display, all waters of the UMR from 
mile 179.2 to 180.5;
    (3) from 8:30 p.m. until 11 p.m. on July 3, 2016, for the Lumiere 
Place July 3, 2016 barge based fireworks display, all waters of the UMR 
from mile 180 to 180.5; and
    (4) from 10 p.m. until 10:30 p.m. on July 4, 2016, for the City of 
St. Paul July 4th Celebration, all waters of the UMR from mile 839.5 to 
840.
    Exact times of the closures and any changes to the planned 
scheduled will be communicated to mariners using Broadcast Notices to 
Mariners and Local Notices to Mariners. The safety zones are intended 
to protect personnel, vessels, and the marine environment in these 
navigable waters during the fireworks displays. No vessel or person 
will be permitted to enter the safety zones without obtaining 
permission from the COTP or a designated representative.

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 13563 emphasizes the

[[Page 34281]]

importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. These rules have 
not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, they have not been reviewed by the 
Office of Management and Budget.
    This temporary final rule establishes four safety zones, each of 
which will be enforced for a limited time period. During the 
enforcement periods, vessels are prohibited from entering into or 
remaining within the safety zones unless specifically authorized by the 
COTP or other designated representative. Based on the locations, 
limited safety zone sizes, and short duration of the enforcement 
periods, these rules do not pose a significant regulatory impact. 
Additionally, notice of the safety zones or any changes in the planned 
schedules will be made via Broadcast Notices to Mariners and Local 
Notices to Mariners. Deviation from these rules may be requested from 
the COTP or other designated representative and will be considered on a 
case-by-case basis.

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 zones may be small entities, for the reasons stated in section 
V.A. above, these rules 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 these rules. If the rules 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.
    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 contact 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 
Management Directive 023-01 and Commandant Instruction 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 determined that the 
actions are one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves safety zones, each lasting less than three hours that 
will limit access to specific areas on the UMR. These safety zones are 
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.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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. Add Sec.  165.T08-0354 to read as follows:


Sec.  165.T08-0354  Safety zones; Upper Mississippi River between mile 
179.2 and 180.5; St. Louis, MO and between mile 839.5 and 840, St. 
Paul, MN.

    (a) Safety zones. The following areas are safety zones:
    (1) Great Rivers Greenway fireworks display, St. Louis, MO:

[[Page 34282]]

    (i) Location. All waters of the Upper Mississippi River from mile 
179.2 to 180.
    (ii) Enforcement period. This safety zone will be enforced from 
7:45 p.m. until 9 p.m. on June 2, 2016;
    (2) St. Louis Brewers Guild fireworks display, St. Louis, MO:
    (i) Location. All waters of the Upper Mississippi River from mile 
179.2 to 180.5.
    (ii) Enforcement period. This safety zone will be enforced from 9 
p.m. until 11 p.m. on June 11, 2016;
    (3) Lumiere Place fireworks display, St. Louis, MO:
    (i) Location. All waters of the Upper Mississippi River from mile 
180 to 180.5.
    (ii) Enforcement period. This safety zone will be enforced from 
8:30 p.m. until 11 p.m. on July 3, 2016; and
    (4) City of St. Paul July 4th Celebration, St. Paul MN.
    (i) Location. All waters of the Upper Mississippi River from mile 
839.5 to 840.
    (ii) Enforcement period. This safety zone will be enforced from 10 
p.m. until 10:30 p.m. on July 4, 2016.
    (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 (COTP) Upper Mississippi River 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 zones 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 designated 
representative via 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 and designated on-scene personnel.
    (d) Information Broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners, Local 
Notices 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: May 19, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2016-12712 Filed 5-27-16; 8:45 am]
BILLING CODE 9110-04-P



                                                  34280              Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations

                                                  safety zone except participants and                     email LCDR Sean Peterson, Chief of                    III. Legal Authority and Need for Rule
                                                  vessels that are engaged in the following               Prevention, Sector Upper Mississippi                     The Coast Guard is issuing this rule
                                                  operations:                                             River, U.S. Coast Guard; telephone 314–               under authority in 33 U.S.C. 1231. The
                                                    (i) Enforcing laws;                                   269–2332, email Sean.M.Peterson@                      COTP has determined that potential
                                                    (ii) Servicing aids to navigation, and                uscg.mil.                                             hazards associated with fireworks
                                                    (iii) Emergency response vessels.                                                                           displays taking place on or over these
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                    (7) The U.S. Coast Guard may be                                                                             sections of navigable waterway will be
                                                  assisted in the patrol and enforcement                  I. Table of Abbreviations                             a safety concern for anyone within the
                                                  of the safety zone by Federal, State, and                                                                     areas that are designated as the safety
                                                                                                          CFR Code of Federal Regulations
                                                  local agencies.                                         COTP Captain of the Port                              zones. This rule is needed to protect
                                                    (d) Enforcement Period. This section                  DHS Department of Homeland Security                   personnel, vessels, and the marine
                                                  will be enforced from 8 p.m. through                    FR Federal Register                                   environment in the navigable waters
                                                  8:30 p.m. on July 2, 2016.                              NPRM Notice of proposed rulemaking                    within the safety zones during the
                                                    Dated: May 17, 2016.                                  § Section                                             fireworks displays.
                                                                                                          U.S.C. United States Code
                                                  Christopher S. Keane,                                                                                         IV. Discussion of the Rule
                                                  Captain, U.S. Coast Guard, Captain of the               II. Background Information and
                                                  Port Hampton Roads.                                     Regulatory History                                       This rule establishes four safety zones
                                                                                                                                                                as follows:
                                                  [FR Doc. 2016–12720 Filed 5–27–16; 8:45 am]
                                                                                                             The Coast Guard is issuing this                       (1) From 7:45 p.m. until 9 p.m. on
                                                  BILLING CODE 9110–04–P
                                                                                                          temporary rule without prior notice and               June 2, 2016, for the Ribbon Cutting
                                                                                                          opportunity to comment pursuant to                    Celebration for the Completion of the
                                                                                                          authority under section 4(a) of the                   Riverfront Component for the Great
                                                  DEPARTMENT OF HOMELAND
                                                                                                          Administrative Procedure Act (APA) (5                 Rivers Greenway barge based fireworks
                                                  SECURITY
                                                                                                          U.S.C. 553(b)). This provision                        display, all waters of the UMR from
                                                  Coast Guard                                             authorizes an agency to issue a rule                  mile 179.2 to 180;
                                                                                                          without prior notice and opportunity to                  (2) from 9 p.m. until 11 p.m. on June
                                                  33 CFR Part 165                                         comment when the agency finds good                    11, 2016, for the St. Louis Brewers Guild
                                                                                                          cause that those procedures are                       barge based fireworks display, all waters
                                                  [Docket Number USCG–2016–0354]                          ‘‘impracticable, unnecessary, or contrary             of the UMR from mile 179.2 to 180.5;
                                                                                                          to the public interest.’’ Under 5 U.S.C.                 (3) from 8:30 p.m. until 11 p.m. on
                                                  RIN 1625–AA00
                                                                                                          553(b)(B), the Coast Guard finds that                 July 3, 2016, for the Lumiere Place July
                                                  Safety Zones; Upper Mississippi River                   good cause exists for not publishing a                3, 2016 barge based fireworks display,
                                                  Between Mile 179.2 and 180.5, St.                       notice of proposed rulemaking (NPRM)                  all waters of the UMR from mile 180 to
                                                  Louis, MO and Between Mile 839.5 and                    with respect to these rules because                   180.5; and
                                                  840, St. Paul, MN                                       fireworks displays on or over the                        (4) from 10 p.m. until 10:30 p.m. on
                                                                                                          navigable waterway poses safety                       July 4, 2016, for the City of St. Paul July
                                                  AGENCY:    Coast Guard, DHS.                            concerns for waterway users. In this                  4th Celebration, all waters of the UMR
                                                  ACTION:   Temporary final rule.                         case, the Coast Guard was not notified                from mile 839.5 to 840.
                                                                                                          of the fireworks displays until April 26,                Exact times of the closures and any
                                                  SUMMARY:   The Coast Guard is                           2016 and May 16, 2016. After full                     changes to the planned scheduled will
                                                  establishing four temporary safety zones                review of the details for the planned and             be communicated to mariners using
                                                  for two areas of the Upper Mississippi                  locally advertised displays, the Coast                Broadcast Notices to Mariners and Local
                                                  River (UMR); three safety zones between                 Guard determined action is needed to                  Notices to Mariners. The safety zones
                                                  UMR mile 179.2 and 180.5, and one                       protect people and property from the                  are intended to protect personnel,
                                                  between UMR mile 839.5 to 840. These                    safety hazards associated with the                    vessels, and the marine environment in
                                                  temporary safety zones are necessary to                 fireworks displays on the UMR near St.                these navigable waters during the
                                                  protect persons and property from                       Louis, MO and St. Paul, MN. It is                     fireworks displays. No vessel or person
                                                  potential damage and safety hazards                     impracticable to publish an NPRM                      will be permitted to enter the safety
                                                  during fireworks displays on or over the                because we must establish these safety                zones without obtaining permission
                                                  navigable waterway. During the period                   zones by June 2 and 11, and July 3 and                from the COTP or a designated
                                                  of enforcement, entry into these safety                 4, 2016.                                              representative.
                                                  zones is prohibited unless specifically
                                                                                                             We are issuing this rule, and under 5              V. Regulatory Analyses
                                                  authorized by the Captain of the Port
                                                  (COTP) Upper Mississippi River or                       U.S.C. 553(d)(3), the Coast Guard finds                 We developed this rule after
                                                  other designated representative.                        that good cause exists for making the                 considering numerous statutes and
                                                                                                          rule effective less than 30 days after                Executive Orders related to rulemaking.
                                                  DATES: This rule is effective from 7:45
                                                                                                          publication in the Federal Register.                  Below we summarize our analyses
                                                  p.m. on June 2, 2016 until 10:30 p.m. on                Delaying the effective date of the rule is
                                                  July 4, 2016.                                                                                                 based on a number of these statutes and
                                                                                                          contrary to the public interest as it                 Executive Orders, and we discuss First
                                                  ADDRESSES: To view documents                            would delay the effectiveness of the                  Amendment rights of protestors.
                                                  mentioned in this preamble as being                     temporary safety zones needed to
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  available in the docket, go to http://                  respond to potential related safety                   A. Regulatory Planning and Review
                                                  www.regulations.gov, type USCG–2016–                    hazards until after the planned                          Executive Orders 12866 and 13563
                                                  0354 in the ‘‘SEARCH’’ box and click                    fireworks displays. This rule does                    direct agencies to assess the costs and
                                                  ‘‘SEARCH.’’ Click on Open Docket                        provide approximately 7 to 30 days                    benefits of available regulatory
                                                  Folder on the line associated with this                 notice for the four safety zones related              alternatives and, if regulation is
                                                  rule.                                                   to the four planned fireworks displays                necessary, to select regulatory
                                                  FOR FURTHER INFORMATION CONTACT: If                     on the UMR near St. Louis, MO and St.                 approaches that maximize net benefits.
                                                  you have questions on this rule, call or                Paul, MN.                                             Executive Order 13563 emphasizes the


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                                                                     Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations                                           34281

                                                  importance of quantifying both costs                    compliance with, Federal regulations to               F. Environment
                                                  and benefits, of reducing costs, of                     the Small Business and Agriculture                      We have analyzed this rule under
                                                  harmonizing rules, and of promoting                     Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                  flexibility. These rules have not been                  and the Regional Small Business                       Management Directive 023–01 and
                                                  designated a ‘‘significant regulatory                   Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                  action,’’ under Executive Order 12866.                  Ombudsman evaluates these actions                     which guide the Coast Guard in
                                                  Accordingly, they have not been                         annually and rates each agency’s                      complying with the National
                                                  reviewed by the Office of Management                    responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                                  and Budget.                                             wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                                     This temporary final rule establishes                employees of the Coast Guard, call 1–                 determined that the actions are one of
                                                  four safety zones, each of which will be                888–REG–FAIR (1–888–734–3247). The                    a category of actions that do not
                                                  enforced for a limited time period.                     Coast Guard will not retaliate against                individually or cumulatively have a
                                                  During the enforcement periods, vessels                 small entities that question or complain              significant effect on the human
                                                  are prohibited from entering into or                    about this rule or any policy or action               environment. This rule involves safety
                                                  remaining within the safety zones                       of the Coast Guard.                                   zones, each lasting less than three hours
                                                  unless specifically authorized by the
                                                                                                          C. Collection of Information                          that will limit access to specific areas on
                                                  COTP or other designated
                                                  representative. Based on the locations,                                                                       the UMR. These safety zones are
                                                                                                            This rule will not call for a new                   categorically excluded from further
                                                  limited safety zone sizes, and short                    collection of information under the
                                                  duration of the enforcement periods,                                                                          review under paragraph 34(g) of Figure
                                                                                                          Paperwork Reduction Act of 1995 (44                   2–1 of the Commandant Instruction. An
                                                  these rules do not pose a significant                   U.S.C. 3501–3520).
                                                  regulatory impact. Additionally, notice                                                                       environmental analysis checklist
                                                  of the safety zones or any changes in the               D. Federalism and Indian Tribal                       supporting this determination and a
                                                  planned schedules will be made via                      Governments                                           Categorical Exclusion Determination are
                                                  Broadcast Notices to Mariners and Local                                                                       available in the docket where indicated
                                                                                                             A rule has implications for federalism             under ADDRESSES. We seek any
                                                  Notices to Mariners. Deviation from                     under Executive Order 13132,
                                                  these rules may be requested from the                                                                         comments or information that may lead
                                                                                                          Federalism, if it has a substantial direct            to the discovery of a significant
                                                  COTP or other designated representative                 effect on the States, on the relationship
                                                  and will be considered on a case-by-case                                                                      environmental impact from this rule.
                                                                                                          between the national government and
                                                  basis.                                                  the States, or on the distribution of                 G. Protest Activities
                                                  B. Impact on Small Entities                             power and responsibilities among the                    The Coast Guard respects the First
                                                     The Regulatory Flexibility Act of                    various levels of government. We have                 Amendment rights of protesters.
                                                  1980, 5 U.S.C. 601–612, as amended,                     analyzed this rule under that Order and               Protesters are asked to contact the
                                                  requires Federal agencies to consider                   have determined that it is consistent                 person listed in the FOR FURTHER
                                                  the potential impact of regulations on                  with the fundamental federalism                       INFORMATION CONTACT section to
                                                  small entities during rulemaking. The                   principles and preemption requirements                coordinate protest activities so that your
                                                  term ‘‘small entities’’ comprises small                 described in Executive Order 13132.                   message can be received without
                                                  businesses, not-for-profit organizations                   Also, this rule does not have tribal               jeopardizing the safety or security of
                                                  that are independently owned and                        implications under Executive Order                    people, places or vessels.
                                                  operated and are not dominant in their                  13175, Consultation and Coordination                  List of Subjects in 33 CFR Part 165
                                                  fields, and governmental jurisdictions                  with Indian Tribal Governments,
                                                                                                          because it does not have a substantial                  Harbors, Marine safety, Navigation
                                                  with populations of less than 50,000.
                                                                                                          direct effect on one or more Indian                   (water), Reporting and recordkeeping
                                                  The Coast Guard certifies under 5 U.S.C.
                                                                                                          tribes, on the relationship between the               requirements, Security measures, and
                                                  605(b) that this rule will not have a
                                                                                                          Federal Government and Indian tribes,                 Waterways.
                                                  significant economic impact on a
                                                  substantial number of small entities.                   or on the distribution of power and                     For the reasons discussed in the
                                                     While some owners or operators of                    responsibilities between the Federal                  preamble, the Coast Guard amends 33
                                                  vessels intending to transit the safety                 Government and Indian tribes. If you                  CFR part 165 as follows:
                                                  zones may be small entities, for the                    believe this rule has implications for
                                                                                                          federalism or Indian tribes, please                   PART 165—REGULATED NAVIGATION
                                                  reasons stated in section V.A. above,
                                                                                                          contact the person listed in the FOR                  AREAS AND LIMITED ACCESS AREAS
                                                  these rules will not have a significant
                                                  economic impact on any vessel owner                     FURTHER INFORMATION CONTACT section
                                                                                                                                                                ■ 1. The authority citation for part 165
                                                  or operator.                                            above.                                                continues to read as follows:
                                                     Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  Business Regulatory Enforcement
                                                                                                                                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  Fairness Act of 1996 (Pub. L. 104–121),                   The Unfunded Mandates Reform Act                    Department of Homeland Security Delegation
                                                  we want to assist small entities in                     of 1995 (2 U.S.C. 1531–1538) requires                 No. 0170.1.
                                                  understanding these rules. If the rules                 Federal agencies to assess the effects of
                                                  would affect your small business,                       their discretionary regulatory actions. In            ■ 2. Add § 165.T08–0354 to read as
                                                  organization, or governmental                           particular, the Act addresses actions                 follows:
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                                                  jurisdiction and you have questions                     that may result in the expenditure by a               § 165.T08–0354 Safety zones; Upper
                                                  concerning its provisions or options for                State, local, or tribal government, in the            Mississippi River between mile 179.2 and
                                                  compliance, please contact the person                   aggregate, or by the private sector of                180.5; St. Louis, MO and between mile 839.5
                                                  listed in the FOR FURTHER INFORMATION                   $100,000,000 (adjusted for inflation) or              and 840, St. Paul, MN.
                                                  CONTACT section.                                        more in any one year. Though this rule                  (a) Safety zones. The following areas
                                                     Small businesses may send comments                   will not result in such an expenditure,               are safety zones:
                                                  on the actions of Federal employees                     we do discuss the effects of this rule                  (1) Great Rivers Greenway fireworks
                                                  who enforce, or otherwise determine                     elsewhere in this preamble.                           display, St. Louis, MO:


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                                                  34282              Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations

                                                    (i) Location. All waters of the Upper                   Dated: May 19, 2016.                                II. What does this technical correction
                                                  Mississippi River from mile 179.2 to                    M.L. Malloy,                                          do?
                                                  180.                                                    Captain, U.S. Coast Guard, Captain of the               EPA issued a final rule in the Federal
                                                    (ii) Enforcement period. This safety                  Port Upper Mississippi River.                         Register of April 8, 2016 (81 FR 20545)
                                                  zone will be enforced from 7:45 p.m.                    [FR Doc. 2016–12712 Filed 5–27–16; 8:45 am]           (FRL–9942–99) that was adding
                                                  until 9 p.m. on June 2, 2016;                           BILLING CODE 9110–04–P                                commodities including Vegetable
                                                    (2) St. Louis Brewers Guild fireworks                                                                       cucurbit, group 9 to 40 CFR
                                                  display, St. Louis, MO:                                                                                       180.574(a)(1). EPA inadvertently
                                                    (i) Location. All waters of the Upper                                                                       omitted the language in the codified
                                                  Mississippi River from mile 179.2 to                    ENVIRONMENTAL PROTECTION                              text, which would have added Vegetable
                                                  180.5.                                                  AGENCY                                                cucurbit, group 9.
                                                    (ii) Enforcement period. This safety                  40 CFR Part 180                                       III. Why is this correction issued as a
                                                  zone will be enforced from 9 p.m. until                                                                       final rule?
                                                  11 p.m. on June 11, 2016;
                                                                                                          [EPA–HQ–OPP–2015–0197; FRL–9945–05]                      Section 553 of the Administrative
                                                    (3) Lumiere Place fireworks display,
                                                                                                                                                                Procedure Act (APA) (5 U.S.C.
                                                  St. Louis, MO:                                          Fluazinam; Pesticide Tolerances;                      553(b)(3)(B)) provides that, when an
                                                    (i) Location. All waters of the Upper                 Technical Correction                                  agency for good cause finds that notice
                                                  Mississippi River from mile 180 to                                                                            and public procedure are impracticable,
                                                  180.5.                                                  AGENCY:  Environmental Protection
                                                                                                          Agency (EPA).                                         unnecessary, or contrary to the public
                                                    (ii) Enforcement period. This safety                                                                        interest, the agency may issue a final
                                                  zone will be enforced from 8:30 p.m.                    ACTION: Final rule; technical correction.             rule without providing notice and an
                                                  until 11 p.m. on July 3, 2016; and                                                                            opportunity for public comment. EPA
                                                    (4) City of St. Paul July 4th                         SUMMARY:   EPA issued a final rule in the             has determined that there is good cause
                                                  Celebration, St. Paul MN.                               Federal Register of April 8, 2016,                    for making this technical correction
                                                                                                          concerning the addition of certain                    final without prior proposal and
                                                    (i) Location. All waters of the Upper
                                                                                                          commodities to 40 CFR 180.574.                        opportunity for comment, because this
                                                  Mississippi River from mile 839.5 to
                                                                                                          Vegetable cucurbit, group 9 was                       is correcting a typographical error. EPA
                                                  840.
                                                                                                          inadvertently omitted. This document                  finds that this constitutes good cause
                                                    (ii) Enforcement period. This safety                  corrects that omission.
                                                  zone will be enforced from 10 p.m. until                                                                      under 5 U.S.C. 553(b)(3)(B).
                                                  10:30 p.m. on July 4, 2016.                             DATES: This final rule correction is
                                                                                                          effective May 31, 2016.                               IV. Do any of the statutory and
                                                    (b) Definitions. As used in this                                                                            executive order reviews apply to this
                                                  section, designated representative                      ADDRESSES: The docket for this action,                action?
                                                  means a Coast Guard Patrol                              identified by docket identification (ID)
                                                                                                          number EPA–HQ–OPP–2015–0197, is                         No. For a detailed discussion
                                                  Commander, including a Coast Guard
                                                                                                          available at http://www.regulations.gov               concerning the statutory and executive
                                                  coxswain, petty officer, or other officer
                                                                                                          or at the Office of Pesticide Programs                order review, refer to Unit VI. of the
                                                  operating a Coast Guard vessel and a
                                                                                                          Regulatory Public Docket (OPP Docket)                 April 8, 2016 final rule.
                                                  Federal, State, and local officer
                                                  designated by or assisting the Captain of               in the Environmental Protection Agency                V. Congressional Review Act
                                                  the Port (COTP) Upper Mississippi                       Docket Center (EPA/DC), West William
                                                                                                                                                                  Pursuant to the Congressional Review
                                                  River in the enforcement of the safety                  Jefferson Clinton Bldg., Rm. 3334, 1301
                                                                                                                                                                Act (5 U.S.C. 801 et seq.), EPA will
                                                  zone.                                                   Constitution Ave., NW., Washington,
                                                                                                                                                                submit a report containing this rule and
                                                    (c) Regulations. (1) Under the general                DC 20460–0001. The Public Reading
                                                                                                                                                                other required information to the U.S.
                                                  safety zone regulations in subpart C of                 Room is open from 8:30 a.m. to 4:30
                                                                                                                                                                Senate, the U.S. House of
                                                  this part, you may not enter the safety                 p.m., Monday through Friday, excluding
                                                                                                                                                                Representatives, and the Comptroller
                                                  zones described in paragraph (a) of this                legal holidays. The telephone number
                                                                                                                                                                General of the United States prior to
                                                  section unless authorized by the COTP                   for the Public Reading Room is (202)
                                                                                                                                                                publication of the rule in the Federal
                                                  or the COTP’s designated representative.                566–1744, and the telephone number for
                                                                                                                                                                Register. This action is not a ‘‘major
                                                    (2) To seek permission to enter,                      the OPP Docket is (703) 305–5805.
                                                                                                                                                                rule’’ as defined by 5 U.S.C. 804(2).
                                                  contact the COTP or designated                          Please review the visitor instructions
                                                  representative via VHF–FM Channel 16,                   and additional information about the                  List of Subjects in 40 CFR Part 180
                                                  or through Coast Guard Sector Upper                     docket available at http://www.epa.gov/                 Environmental protection,
                                                  Mississippi River at (314) 269–2332.                    dockets.                                              Administrative practice and procedure,
                                                    (3) All persons and vessels shall                     FOR FURTHER INFORMATION CONTACT:                      Agricultural commodities, Pesticides
                                                  comply with the instruction of the                      Susan Lewis, Registration Division                    and pest, Reporting and recordkeeping
                                                  COTP and designated on-scene                            (7505P), Office of Pesticide Programs,                requirements.
                                                  personnel.                                              Environmental Protection Agency, 1200                   Dated: May 24, 2016.
                                                    (d) Information Broadcasts. The COTP                  Pennsylvania Ave. NW., Washington DC                  Susan Lewis,
                                                  or a designated representative will                     20460–0001; telephone number: (703)
                                                                                                                                                                Director, Registration Division, Office of
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                                                  inform the public through Broadcast                     305–7090; email address:                              Pesticide Programs.
                                                  Notices to Mariners, Local Notices to                   RDFRNotices@epa.gov.
                                                                                                                                                                  Therefore, 40 CFR part 180 is
                                                  Mariners, and/or Safety Marine                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                corrected as follows:
                                                  Information Broadcasts as appropriate of
                                                                                                          I. Does this action apply to me?
                                                  the enforcement period for each safety                                                                        PART 180—[AMENDED]
                                                  zone as well as any changes in the                        The Agency included in the April 8,
                                                  planned and published dates and times                   2016 final rule a list of those who may               ■ 1. The authority citation for part 180
                                                  of enforcement.                                         be potentially affected by this action.               continues to read as follows:


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Document Created: 2016-05-28 03:57:46
Document Modified: 2016-05-28 03:57:46
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 7:45 p.m. on June 2, 2016 until 10:30 p.m. on July 4, 2016.
ContactIf you have questions on this rule, call or email LCDR Sean Peterson, Chief of Prevention, Sector Upper Mississippi River, U.S. Coast Guard; telephone 314-269-2332, email [email protected]
FR Citation81 FR 34280 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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