82 FR 22072 - Safety Zone; Upper Mississippi River, St. Louis, MO

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 91 (May 12, 2017)

Page Range		22072-22074
FR Document		2017-09604

The Coast Guard is establishing a temporary safety zone for navigable waters on the Upper Mississippi River from mile 179.2 to mile 180. This safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created during a fireworks display on and over the navigable waterway. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative.

Federal Register, Volume 82 Issue 91 (Friday, May 12, 2017)

[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22072-22074]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09604]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0319]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, St. Louis, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters on the Upper Mississippi River from mile 179.2 to mile 
180. This safety zone is needed to protect personnel, vessels, and the 
marine environment from potential hazards created during a fireworks 
display on and over the navigable waterway. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port Sector Upper Mississippi River or a designated 
representative.

DATES: This rule is effective from 9 p.m. to 11 p.m. on June 3, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0319 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 Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
UMR Upper Mississippi River

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM with respect to this rule 
because the Coast Guard was not notified of the fireworks display until 
March 22, 2017. After full review of the details for the planned 
display, the Coast Guard determined action is needed to protect people 
and property from the safety hazards associated with the fireworks 
display on the Upper Mississippi River (UMR) near St. Louis, MO. It is 
impracticable to publish an NPRM because we lack sufficient time to 
provide a reasonable comment period

[[Page 22073]]

and then consider those comments before issuing the rule; we must 
establish this safety zone by June 3, 2017.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Upper Mississippi River (COTP) has 
determined that potential hazards associated with the fireworks display 
will be a safety concern before, during, and after the display. The 
purpose of this rule is to ensure safety of persons and vessels in the 
navigable waters in the safety zone before, during, and after the 
scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 p.m. to 11 p.m. on June 
3, 2017. The safety zone will cover all navigable waters between miles 
179.2 and 180 on the UMR in St. Louis, MO. Exact times of the closures 
during this two hour period will be communicated to mariners using 
broadcast and local notice to mariners. The safety zone is intended to 
ensure the safety of vessels and these navigable waters before, during 
and after the fireworks display. No vessel or person will be permitted 
to enter the safety zone 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 importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This temporary final rule establishes a safety zone impacting a 
less than one mile area on the UMR for a limited time period of two 
hours. During the enforcement period, vessels are prohibited from 
entering into or remaining within the safety zone unless specifically 
authorized by the COTP or other designated representative. Based on the 
location, limited safety zone area, and short duration of the 
enforcement period, this rule has a minimum adverse impact to mariners 
from the safety zone's activation. Additionally, notice of the safety 
zone will be made via broadcast and local notice to mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
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 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting two hours that will prohibit entry 
from mile 179.2 to mile 180 on the UMR. It is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant

[[Page 22074]]

Instruction. An environmental analysis checklist supporting this 
determination and a Record of Environmental Consideration 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.T08-0319 to read as follows:


Sec.  165.T08-0319   Safety Zone; Upper Mississippi River, St. Louis, 
MO.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Upper Mississippi River between miles 179.2 to 180, St. 
Louis, MO.
    (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 p.m. 
to 11 p.m. on June 3, 2017.
    (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.

    Dated: May 8, 2017.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2017-09604 Filed 5-11-17; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations 22073

and then consider those comments remaining within the safety zone unless Paperwork Reduction Act of 1995 (44
before issuing the rule; we must specifically authorized by the COTP or U.S.C. 3501–3520).
establish this safety zone by June 3, other designated representative. Based
D. Federalism and Indian Tribal
2017. on the location, limited safety zone area,
Governments
and short duration of the enforcement
III. Legal Authority and Need for Rule A rule has implications for federalism
period, this rule has a minimum adverse
The Coast Guard is issuing this rule impact to mariners from the safety under Executive Order 13132,
under authority in 33 U.S.C. 1231. The zone’s activation. Additionally, notice Federalism, if it has a substantial direct
Captain of the Port Upper Mississippi of the safety zone will be made via effect on the States, on the relationship
River (COTP) has determined that broadcast and local notice to mariners. between the national government and
potential hazards associated with the the States, or on the distribution of
fireworks display will be a safety B. Impact on Small Entities power and responsibilities among the
concern before, during, and after the The Regulatory Flexibility Act of various levels of government. We have
display. The purpose of this rule is to 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and
ensure safety of persons and vessels in requires Federal agencies to consider have determined that it is consistent
the navigable waters in the safety zone the potential impact of regulations on with the fundamental federalism
before, during, and after the scheduled small entities during rulemaking. The principles and preemption requirements
event. term ‘‘small entities’’ comprises small described in Executive Order 13132.
businesses, not-for-profit organizations Also, this rule does not have tribal
IV. Discussion of the Rule implications under Executive Order
that are independently owned and
This rule establishes a safety zone operated and are not dominant in their 13175, Consultation and Coordination
from 9 p.m. to 11 p.m. on June 3, 2017. fields, and governmental jurisdictions with Indian Tribal Governments,
The safety zone will cover all navigable with populations of less than 50,000. because it does not have a substantial
waters between miles 179.2 and 180 on The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian
the UMR in St. Louis, MO. Exact times 605(b) that this rule will not have a tribes, on the relationship between the
of the closures during this two hour significant economic impact on a Federal Government and Indian tribes,
period will be communicated to substantial number of small entities. or on the distribution of power and
mariners using broadcast and local responsibilities between the Federal
While some owners or operators of
notice to mariners. The safety zone is Government and Indian tribes. If you
vessels intending to transit the safety
intended to ensure the safety of vessels believe this rule has implications for
zone may be small entities, for the
and these navigable waters before, federalism or Indian tribes, please
reasons stated in section V.A. above,
during and after the fireworks display. contact the person listed in the FOR
this rule will not have a significant
No vessel or person will be permitted to FURTHER INFORMATION CONTACT section
economic impact on any vessel owner
enter the safety zone without obtaining above.
or operator.
permission from the COTP or a E. Unfunded Mandates Reform Act
Under section 213(a) of the Small
designated representative.
Business Regulatory Enforcement The Unfunded Mandates Reform Act
V. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
We developed this rule after we want to assist small entities in Federal agencies to assess the effects of
considering numerous statutes and understanding this rule. If the rule their discretionary regulatory actions. In
Executive orders related to rulemaking. would affect your small business, particular, the Act addresses actions
Below we summarize our analyses organization, or governmental that may result in the expenditure by a
based on a number of these statutes and jurisdiction and you have questions State, local, or tribal government, in the
Executive orders, and we discuss First concerning its provisions or options for aggregate, or by the private sector of
Amendment rights of protestors. compliance, please contact the person $100,000,000 (adjusted for inflation) or
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
A. Regulatory Planning and Review CONTACT section. will not result in such an expenditure,
Executive Orders 12866 and 13563 Small businesses may send comments we do discuss the effects of this rule
direct agencies to assess the costs and on the actions of Federal employees elsewhere in this preamble.
benefits of available regulatory who enforce, or otherwise determine
alternatives and, if regulation is compliance with, Federal regulations to F. Environment
necessary, to select regulatory the Small Business and Agriculture We have analyzed this rule under
approaches that maximize net benefits. Regulatory Enforcement Ombudsman Department of Homeland Security
Executive Order 13563 emphasizes the and the Regional Small Business Management Directive 023–01 and
importance of quantifying both costs Regulatory Fairness Boards. The Commandant Instruction M16475.lD,
and benefits, of reducing costs, of Ombudsman evaluates these actions which guide the Coast Guard in
harmonizing rules, and of promoting annually and rates each agency’s complying with the National
flexibility. This rule has not been responsiveness to small business. If you Environmental Policy Act of 1969 (42
designated a ‘‘significant regulatory wish to comment on actions by U.S.C. 4321–4370f), and have
action,’’ under Executive Order 12866. employees of the Coast Guard, call 1– determined that this action is one of a
Accordingly, it has not been reviewed 888–REG–FAIR (1–888–734–3247). The category of actions that do not
by the Office of Management and Coast Guard will not retaliate against individually or cumulatively have a
mstockstill on DSK30JT082PROD with RULES

Budget. small entities that question or complain significant effect on the human
This temporary final rule establishes about this rule or any policy or action environment. This rule involves a safety
a safety zone impacting a less than one of the Coast Guard. zone lasting two hours that will prohibit
mile area on the UMR for a limited time entry from mile 179.2 to mile 180 on the
C. Collection of Information
period of two hours. During the UMR. It is categorically excluded from
enforcement period, vessels are This rule will not call for a new further review under paragraph 34(g) of
prohibited from entering into or collection of information under the Figure 2–1 of the Commandant

VerDate Sep<11>2014 16:29 May 11, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\12MYR1.SGM 12MYR1

Document Created: 2017-05-12 01:09:38
Document Modified: 2017-05-12 01:09:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 9 p.m. to 11 p.m. on June 3, 2017.
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]
FR Citation		82 FR 22072
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 22072 - Safety Zone; Upper Mississippi River, St. Louis, MO

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 91 (May 12, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard