82_FR_26069 82 FR 25962 - Safety Zone; Upper Mississippi River, Minneapolis and St. Paul, MN

82 FR 25962 - Safety Zone; Upper Mississippi River, Minneapolis and St. Paul, MN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 107 (June 6, 2017)

Page Range25962-25964
FR Document2017-11621

The Coast Guard is establishing a temporary safety zone on the Upper Mississippi River (UMR) between miles 846 and 847. This action is necessary to provide for the safety of life on these navigable waters near Minneapolis and St. Paul, MN during a rope pull event on June 10, 2017. This temporary safety zone is necessary to protect persons and property from potential damage and safety hazards during a rope pull event across the UMR. During the period of enforcement, entry into the safety zone is prohibited unless specifically authorized by the Captain of the Port Upper Mississippi River (COTP) or a designated representative.

Federal Register, Volume 82 Issue 107 (Tuesday, June 6, 2017)
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Rules and Regulations]
[Pages 25962-25964]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11621]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0300]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Minneapolis and St. Paul, 
MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Upper Mississippi River (UMR) between miles 846 and 847. This action is 
necessary to provide for the safety of life on these navigable waters 
near Minneapolis and St. Paul, MN during a rope pull event on June 10, 
2017. This temporary safety zone is necessary to protect persons and 
property from potential damage and safety hazards during a rope pull 
event across the UMR. During the period of enforcement, entry into the 
safety zone is prohibited unless specifically authorized by the Captain 
of the Port Upper Mississippi River (COTP) or a designated 
representative.

DATES: This rule is effective from 10 a.m. to 3 p.m. on June 10, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0300 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 about this 
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
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 notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. We must 
establish this safety zone by June 10, 2017 and lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing the rule.

[[Page 25963]]

    During the hours of 10 a.m. to 3 p.m. on June 10, 2017, the 
sponsors of the ``Pulling Together'' event will be stretching a rope 
across the UMR from Minneapolis, MN to St. Paul, MN at river mile 846.5 
for multiple tug-of-war competitions. After full review of the details 
for event, the Coast Guard determined action is needed to protect 
people and property from the safety hazards associated with the rope 
pull event across the UMR in Minneapolis and St. Paul, MN.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it 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 security measures necessary to respond to potential safety hazards 
associated with the planned rope pull event.

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 
the rope pull event will be a safety concern before, during, and after 
the event. The purpose of this rule is to ensure safety of vessels, 
people and property on 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 10 a.m. to 3 p.m. on June 
10, 2017. The safety zone will cover all navigable waters between miles 
846 and 847 on the Upper Mississippi River (UMR) in Minneapolis and St. 
Paul, MN. Exact times of the closures and any changes to the planned 
schedule will be communicated to mariners using Broadcast and Local 
Notice to Mariners. There are at least two planned intermissions to the 
event, during which an event boat will be tending the rope to allow for 
vessel traffic to pass through the area of the closure, thus limiting 
the impact to vessel traffic affected by the closure. The safety zone 
is intended to ensure the safety of vessels on these navigable waters 
before, during and after the rope pull event. No vessel or person will 
be permitted to enter the safety zone without obtaining permission from 
the Captain of the Port Upper Mississippi River (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. 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 a safety zone impacting a one 
mile area on the UMR for a limited time period of five 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 does not pose a significant regulatory impact. Additionally, 
notice of the safety zone or any changes in the planned schedule will 
be made via Broadcast and Local Notice to Mariners. Entry into this 
safety zone 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 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 (Public Law 104-121), we want to assist small 
entities in understanding these rules. 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

[[Page 25964]]

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 five hours that will prohibit entry 
from mile 846 to 847 on the UMR on June 10, 2017. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration are 
available in the docket where indicated under ADDRESSES.

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, 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.T08-0300 to read as follows:


Sec.  165.T08-0300  Safety Zone; Upper Mississippi River, Minneapolis 
and St. Paul, MN.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Upper Mississippi River between miles 846 and 847, 
Minneapolis and St. Paul, MN.
    (b) Definitions. As used in this section, a 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 
Sec.  165.23 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) Effective period. This section will be effective from 10 a.m. 
to 3 p.m. on June 10, 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 as well as any 
changes in the dates and times of enforcement.

    Dated: May 31, 2017.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper 
Mississippi.
[FR Doc. 2017-11621 Filed 6-5-17; 8:45 am]
 BILLING CODE 9110-04-P



                                              25962               Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations

                                              that may result in the expenditure by a                 ■ 2. Add § 100.T13–0207 to read as                     SUMMARY:   The Coast Guard is
                                              State, local, or tribal government, in the              follows:                                               establishing a temporary safety zone on
                                              aggregate, or by the private sector of                                                                         the Upper Mississippi River (UMR)
                                                                                                      § 100.T13–0207 Special Local Regulations;              between miles 846 and 847. This action
                                              $100,000,000 (adjusted for inflation) or
                                                                                                      Festival of Sail Coos Bay.
                                              more in any one year. Though this rule                                                                         is necessary to provide for the safety of
                                              will not result in such an expenditure,                    (a) Regulated Area. The following area              life on these navigable waters near
                                              we do discuss the effects of this rule                  is designated as a regulated area: All                 Minneapolis and St. Paul, MN during a
                                              elsewhere in this preamble.                             navigable waters of Coos Bay, from the                 rope pull event on June 10, 2017. This
                                                                                                      sea buoy to the Ferndale Lower Range.                  temporary safety zone is necessary to
                                              F. Environment                                             (b) Special Local Regulations. (1) The              protect persons and property from
                                                We have analyzed this rule under                      Coast Guard may patrol the regulated                   potential damage and safety hazards
                                              Department of Homeland Security                         area under the direction of a designated               during a rope pull event across the
                                              Management Directive 023–01 and                         Coast Guard Patrol Commander                           UMR. During the period of enforcement,
                                              Commandant Instruction M16475.lD,                       (PATCOM). PATCOM may be contacted                      entry into the safety zone is prohibited
                                              which guide the Coast Guard in                          on Channel 16 VHF–FM (156.8 MHz) by                    unless specifically authorized by the
                                              complying with the National                             the call sign ‘‘PATCOM.’’ Official patrol              Captain of the Port Upper Mississippi
                                              Environmental Policy Act of 1969 (42                    vessels may consist of any Coast Guard,                River (COTP) or a designated
                                              U.S.C. 4321–4370f), and have                            Coast Guard Auxiliary, state, or local                 representative.
                                              determined that this action is one of a                 law enforcement vessels assigned or
                                                                                                      approved by the Captain of the Port,                   DATES: This rule is effective from 10
                                              category of actions that do not                                                                                a.m. to 3 p.m. on June 10, 2017.
                                              individually or cumulatively have a                     Sector Columbia River.
                                                                                                         (2) Entrance into the regulated area is             ADDRESSES: To view documents
                                              significant effect on the human                                                                                mentioned in this preamble as being
                                              environment. This rule involves a                       prohibited unless authorized by the
                                                                                                      PATCOM. The PATCOM may control                         available in the docket, go to http://
                                              Special Local Regulation for a regulated                                                                       www.regulations.gov, type USCG–2017–
                                              area lasting less than 3 hours during                   the movement of all vessels in the
                                                                                                      regulated area. When hailed or signaled                0300 in the ‘‘SEARCH’’ box and click
                                              each transit period that will prohibit                                                                         ‘‘SEARCH.’’ Click on Open Docket
                                              vessels from entering an area                           to stop by an official patrol vessel, a
                                                                                                      vessel shall come to an immediate stop                 Folder on the line associated with this
                                              encompassing Coos Bay from the sea                                                                             rule.
                                              buoy to the Ferndale Lower Range                        and comply with the lawful directions
                                                                                                      issued. Failure to comply with a lawful                FOR FURTHER INFORMATION CONTACT: If
                                              unless given permission to do so by the
                                                                                                      direction may result in expulsion from                 you have questions about this
                                              on-scene patrol commander or his
                                                                                                      the area, citation for failure to comply,              rulemaking, call or email LCDR Sean
                                              designated representative. This rule is
                                                                                                      or both.                                               Peterson, Chief of Prevention, U.S. Coast
                                              categorically excluded from further
                                                                                                         (3) All vessels permitted to transit the            Guard; telephone 314–269–2332, email
                                              review under paragraph 34(h) of Figure                                                                         Sean.M.Peterson@uscg.mil.
                                                                                                      regulated area shall maintain a
                                              2–1 of Commandant Instruction
                                                                                                      separation of at least 100 yards away                  SUPPLEMENTARY INFORMATION:
                                              M16475.1D. A Record of Environmental
                                                                                                      from the participating tall sailing ships
                                              Consideration and Categorical Exclusion                                                                        I. Table of Abbreviations
                                                                                                      and a distance of at least 50 yards away
                                              Determination are available in the                                                                             CFR Code of Federal Regulations
                                                                                                      while transiting in the vicinity of the
                                              docket where indicated under                                                                                   COTP Captain of the Port
                                                                                                      McCullough Memorial Bridge and the
                                              ADDRESSES. We seek any comments or                                                                             DHS Department of Homeland Security
                                                                                                      Coos Bay railroad bridge.
                                              information that may lead to the                                                                               FR Federal Register
                                                                                                         (c) Enforcement Period. This
                                              discovery of a significant environmental                                                                       NPRM Notice of proposed rulemaking
                                                                                                      regulated area is in effect while the tall             § Section
                                              impact from this rule.
                                                                                                      sailing ships are transiting Coos Bay,                 U.S.C. United States Code
                                              G. Protest Activities                                   inbound on June 1, 2017 and outbound                   UMR Upper Mississippi River
                                                The Coast Guard respects the First                    on June 5, 2017.
                                                                                                                                                             II. Background Information and
                                              Amendment rights of protesters.                           Dated: May 31, 2017.                                 Regulatory History
                                              Protesters are asked to contact the                     B.C. McPherson,
                                              person listed in the FOR FURTHER                                                                                  The Coast Guard is issuing this
                                                                                                      Captain, U.S. Coast Guard, Acting
                                              INFORMATION CONTACT section to                          Commander, Coast Guard Thirteenth District.
                                                                                                                                                             temporary rule without prior notice and
                                              coordinate protest activities so that your                                                                     opportunity to comment pursuant to
                                                                                                      [FR Doc. 2017–11634 Filed 6–5–17; 8:45 am]
                                              message can be received without                                                                                authority under section 4(a) of the
                                                                                                      BILLING CODE 9110–04–P
                                              jeopardizing the safety or security of                                                                         Administrative Procedure Act (APA)
                                              people, places or vessels.                                                                                     (5 U.S.C. 553(b)). This provision
                                                                                                      DEPARTMENT OF HOMELAND                                 authorizes an agency to issue a rule
                                              List of Subjects in 33 CFR Part 100                                                                            without prior notice and opportunity to
                                                                                                      SECURITY
                                                Marine safety, Navigation (water),                                                                           comment when the agency for good
                                              Reporting and recordkeeping                             Coast Guard                                            cause finds that those procedures are
                                              requirements, Waterways.                                                                                       ‘‘impracticable, unnecessary, or contrary
                                                For the reasons discussed in the                      33 CFR Part 165                                        to the public interest.’’ Under 5 U.S.C.
                                              preamble, the Coast Guard amends 33                                                                            553(b)(B), the Coast Guard finds that
                                                                                                      [Docket Number USCG–2017–0300]                         good cause exists for not publishing a
                                              CFR part 100 as follows:
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      RIN 1625–AA00                                          notice of proposed rulemaking (NPRM)
                                              PART 100—SAFETY OF LIFE ON                                                                                     with respect to this rule because it is
                                              NAVIGABLE WATERS                                        Safety Zone; Upper Mississippi River,                  impracticable. We must establish this
                                                                                                      Minneapolis and St. Paul, MN                           safety zone by June 10, 2017 and lack
                                              ■ 1. The authority citation for part 100                                                                       sufficient time to provide a reasonable
                                              continues to read as follows:                           AGENCY:    Coast Guard, DHS.
                                                                                                                                                             comment period and then consider
                                                                                                      ACTION:   Temporary final rule.
                                                  Authority: 33 U.S.C. 1233.                                                                                 those comments before issuing the rule.


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                                                                  Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations                                          25963

                                                 During the hours of 10 a.m. to 3 p.m.                based on a number of these statutes and                121), we want to assist small entities in
                                              on June 10, 2017, the sponsors of the                   Executive Orders, and we discuss First                 understanding these rules. If the rule
                                              ‘‘Pulling Together’’ event will be                      Amendment rights of protestors.                        would affect your small business,
                                              stretching a rope across the UMR from                                                                          organization, or governmental
                                                                                                      A. Regulatory Planning and Review
                                              Minneapolis, MN to St. Paul, MN at                                                                             jurisdiction and you have questions
                                              river mile 846.5 for multiple tug-of-war                   Executive Orders 12866 and 13563                    concerning its provisions or options for
                                              competitions. After full review of the                  direct agencies to assess the costs and                compliance, please contact the person
                                              details for event, the Coast Guard                      benefits of available regulatory                       listed in the FOR FURTHER INFORMATION
                                              determined action is needed to protect                  alternatives and, if regulation is                     CONTACT section.
                                              people and property from the safety                     necessary, to select regulatory                           Small businesses may send comments
                                              hazards associated with the rope pull                   approaches that maximize net benefits.                 on the actions of Federal employees
                                              event across the UMR in Minneapolis                     Executive Order 13563 emphasizes the                   who enforce, or otherwise determine
                                              and St. Paul, MN.                                       importance of quantifying both costs                   compliance with, Federal regulations to
                                                 We are issuing this rule, and under 5                and benefits, of reducing costs, of                    the Small Business and Agriculture
                                              U.S.C. 553(d)(3), the Coast Guard finds                 harmonizing rules, and of promoting                    Regulatory Enforcement Ombudsman
                                              that good cause exists for making it                    flexibility. These rules have not been                 and the Regional Small Business
                                              effective less than 30 days after                       designated a ‘‘significant regulatory                  Regulatory Fairness Boards. The
                                              publication in the Federal Register.                    action,’’ under Executive Order 12866.                 Ombudsman evaluates these actions
                                              Delaying the effective date of the rule is              Accordingly, they have not been                        annually and rates each agency’s
                                              contrary to the public interest as it                   reviewed by the Office of Management                   responsiveness to small business. If you
                                              would delay the security measures                       and Budget.                                            wish to comment on actions by
                                              necessary to respond to potential safety                   This temporary final rule establishes               employees of the Coast Guard, call
                                              hazards associated with the planned                     a safety zone impacting a one mile area                1–888–REG–FAIR (1–888–734–3247).
                                              rope pull event.                                        on the UMR for a limited time period of                The Coast Guard will not retaliate
                                                                                                      five hours. During the enforcement                     against small entities that question or
                                              III. Legal Authority and Need for Rule                  period, vessels are prohibited from                    complain about this rule or any policy
                                                 The Coast Guard is issuing this rule                 entering into or remaining within the                  or action of the Coast Guard.
                                              under authority in 33 U.S.C. 1231. The                  safety zone unless specifically
                                              COTP has determined that potential                      authorized by the COTP or other                        C. Collection of Information
                                              hazards associated with the rope pull                   designated representative. Based on the                  This rule will not call for a new
                                              event will be a safety concern before,                  location, limited safety zone area, and                collection of information under the
                                              during, and after the event. The purpose                short duration of the enforcement                      Paperwork Reduction Act of 1995 (44
                                              of this rule is to ensure safety of vessels,            period, this rule does not pose a                      U.S.C. 3501–3520).
                                              people and property on the navigable                    significant regulatory impact.
                                              waters in the safety zone before, during,               Additionally, notice of the safety zone                D. Federalism and Indian Tribal
                                              and after the scheduled event.                          or any changes in the planned schedule                 Governments
                                                                                                      will be made via Broadcast and Local                      A rule has implications for federalism
                                              IV. Discussion of the Rule                                                                                     under Executive Order 13132,
                                                                                                      Notice to Mariners. Entry into this safety
                                                 This rule establishes a safety zone                  zone may be requested from the COTP                    Federalism, if it has a substantial direct
                                              from 10 a.m. to 3 p.m. on June 10, 2017.                or other designated representative and                 effect on the States, on the relationship
                                              The safety zone will cover all navigable                will be considered on a case-by-case                   between the national government and
                                              waters between miles 846 and 847 on                     basis.                                                 the States, or on the distribution of
                                              the Upper Mississippi River (UMR) in                                                                           power and responsibilities among the
                                              Minneapolis and St. Paul, MN. Exact                     B. Impact on Small Entities                            various levels of government. We have
                                              times of the closures and any changes to                   The Regulatory Flexibility Act of                   analyzed this rule under that Order and
                                              the planned schedule will be                            1980, 5 U.S.C. 601–612, as amended,                    have determined that it is consistent
                                              communicated to mariners using                          requires Federal agencies to consider                  with the fundamental federalism
                                              Broadcast and Local Notice to Mariners.                 the potential impact of regulations on                 principles and preemption requirements
                                              There are at least two planned                          small entities during rulemaking. The                  described in Executive Order 13132.
                                              intermissions to the event, during which                term ‘‘small entities’’ comprises small                   Also, this rule does not have tribal
                                              an event boat will be tending the rope                  businesses, not-for-profit organizations               implications under Executive Order
                                              to allow for vessel traffic to pass through             that are independently owned and                       13175, Consultation and Coordination
                                              the area of the closure, thus limiting the              operated and are not dominant in their                 with Indian Tribal Governments,
                                              impact to vessel traffic affected by the                fields, and governmental jurisdictions                 because it does not have a substantial
                                              closure. The safety zone is intended to                 with populations of less than 50,000.                  direct effect on one or more Indian
                                              ensure the safety of vessels on these                   The Coast Guard certifies under 5 U.S.C.               tribes, on the relationship between the
                                              navigable waters before, during and                     605(b) that this rule will not have a                  Federal Government and Indian tribes,
                                              after the rope pull event. No vessel or                 significant economic impact on a                       or on the distribution of power and
                                              person will be permitted to enter the                   substantial number of small entities.                  responsibilities between the Federal
                                              safety zone without obtaining                              While some owners or operators of                   Government and Indian tribes. If you
                                              permission from the Captain of the Port                 vessels intending to transit the safety                believe this rule has implications for
                                              Upper Mississippi River (COTP) or a                     zone may be small entities, for the                    federalism or Indian tribes, please
sradovich on DSK3GMQ082PROD with RULES




                                              designated representative.                              reasons stated in section V.A. above,                  contact the person listed in the FOR
                                                                                                      this rule will not have a significant                  FURTHER INFORMATION CONTACT section
                                              V. Regulatory Analyses                                  economic impact on any vessel owner                    above.
                                                We developed this rule after                          or operator.
                                              considering numerous statutes and                          Under section 213(a) of the Small                   E. Unfunded Mandates Reform Act
                                              Executive Orders related to rulemaking.                 Business Regulatory Enforcement                          The Unfunded Mandates Reform Act
                                              Below we summarize our analyses                         Fairness Act of 1996 (Public Law 104–                  of 1995 (2 U.S.C. 1531–1538) requires


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                                              25964               Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations

                                              Federal agencies to assess the effects of               § 165.T08–0300 Safety Zone; Upper                      SUMMARY:   The Coast Guard will enforce
                                              their discretionary regulatory actions. In              Mississippi River, Minneapolis and St. Paul,           the subject safety zone for the PUSH
                                              particular, the Act addresses actions                   MN.                                                    Beaver County/Beaver County Boom
                                              that may result in the expenditure by a                   (a) Location. The following area is a                Fireworks on the Ohio River. The zone
                                              State, local, or tribal government, in the              safety zone: All navigable waters of the               is needed to protect vessels transiting
                                              aggregate, or by the private sector of                  Upper Mississippi River between miles                  the area and event spectators from the
                                              $100,000,000 (adjusted for inflation) or                846 and 847, Minneapolis and St. Paul,                 hazards associated with the PUSH
                                              more in any one year. Though this rule                  MN.                                                    Beaver County/Beaver County Boom
                                              will not result in such an expenditure,                   (b) Definitions. As used in this                     barge-based firework display. During the
                                              we do discuss the effects of this rule                  section, a designated representative
                                                                                                                                                             enforcement period, entry into,
                                              elsewhere in this preamble.                             means a Coast Guard Patrol
                                                                                                                                                             transiting, or anchoring in the safety
                                                                                                      Commander, including a Coast Guard
                                              F. Environment                                                                                                 zone is prohibited to all vessels not
                                                                                                      coxswain, petty officer, or other officer
                                                                                                      operating a Coast Guard vessel and a                   registered with the sponsor as
                                                We have analyzed this rule under                                                                             participants or official patrol vessels,
                                              Department of Homeland Security                         Federal, State, and local officer
                                                                                                      designated by or assisting the Captain of              unless specifically authorized by the
                                              Management Directive 023–01 and
                                                                                                      the Port Upper Mississippi River                       Captain of the Port Marine Safety Unit
                                              Commandant Instruction M16475.lD,
                                                                                                      (COTP) in the enforcement of the safety                Pittsburgh (COTP) or a designated
                                              which guide the Coast Guard in
                                              complying with the National                             zone.                                                  representative.
                                              Environmental Policy Act of 1969 (42                      (c) Regulations. (1) Under the general
                                                                                                                                                             DATES: The regulations in Table 1 in 33
                                              U.S.C. 4321–4370f), and have                            safety zone regulations in § 165.23 of
                                                                                                                                                             CFR 165.801, No. 45, will be enforced
                                              determined that this action is one of a                 this part, you may not enter the safety
                                                                                                      zone described in paragraph (a) of this                from 8:30 p.m. until 10:30 p.m., on June
                                              category of actions that do not                                                                                24, 2017.
                                              individually or cumulatively have a                     section unless authorized by the COTP
                                              significant effect on the human                         or the COTP’s designated representative.               FOR FURTHER INFORMATION CONTACT:    If
                                              environment. This rule involves a safety                  (2) To seek permission to enter,                     you have questions about this notice of
                                              zone lasting five hours that will prohibit              contact the COTP or the COTP’s                         enforcement, call or email MST1
                                              entry from mile 846 to 847 on the UMR                   representative via VHF–FM channel 16,                  Jennifer Haggins, Marine Safety Unit
                                              on June 10, 2017. It is categorically                   or through Coast Guard Sector Upper                    Pittsburgh, U.S. Coast Guard; telephone
                                              excluded from further review under                      Mississippi River at 314–269–2332.                     412–221–0807, email
                                              paragraph 34(g) of Figure 2–1 of the                    Those in the safety zone must comply                   Jennifer.L.Haggins@uscg.mil.
                                              Commandant Instruction. A Record of                     with all lawful orders or directions
                                              Environmental Consideration are                         given to them by the COTP or the                       SUPPLEMENTARY INFORMATION:      The Coast
                                              available in the docket where indicated                 COTP’s designated representative.                      Guard will enforce the safety zone for
                                              under ADDRESSES.                                          (d) Effective period. This section will              the annual PUSH Beaver County/Beaver
                                                                                                      be effective from 10 a.m. to 3 p.m. on                 County Boom Fireworks listed in the
                                              G. Protest Activities                                   June 10, 2017.                                         regulations in Table 1 in 33 CFR
                                                The Coast Guard respects the First                      (e) Informational broadcasts. The                    165.801, No. 45, from 8:30 p.m. to 10:30
                                              Amendment rights of protesters.                         COTP or a designated representative                    p.m. on June 24, 2017. The safety zone
                                              Protesters are asked to contact the                     will inform the public through                         extends the entire width of the Ohio
                                              person listed in the FOR FURTHER                        broadcast notices to mariners of the                   River from mile 25.2 to 25.6. The zone
                                              INFORMATION CONTACT section to                          enforcement period for the safety zone                 is needed to protect vessels transiting
                                              coordinate protest activities so that your              as well as any changes in the dates and                the area and event spectators from the
                                              message can be received without                         times of enforcement.                                  hazards associated with the PUSH
                                              jeopardizing the safety or security of                    Dated: May 31, 2017.                                 Beaver County/Beaver County Boom
                                              people, places or vessels.                              M.L. Malloy,                                           barge-based firework display. Entry into
                                              List of Subjects in 33 CFR Part 165                     Captain, U.S. Coast Guard, Captain of the              the safety zone is prohibited unless
                                                                                                      Port Sector Upper Mississippi.                         authorized by the Captain of the Port
                                                Harbors, Marine safety, Navigation                    [FR Doc. 2017–11621 Filed 6–5–17; 8:45 am]             Marine Safety Unit Pittsburgh (COTP) or
                                              (water), Reporting and recordkeeping                    BILLING CODE 9110–04–P                                 a designated representative. Persons or
                                              requirements, Security Measures,                                                                               vessels desiring to enter into or passage
                                              Waterways.                                                                                                     through the safety zone must request
                                                For the reasons discussed in the                      DEPARTMENT OF HOMELAND                                 permission from the COTP or a
                                              preamble, the Coast Guard amends 33                     SECURITY                                               designated representative. If permission
                                              CFR part 165 as follows:                                Coast Guard                                            is granted, all persons and vessels shall
                                                                                                                                                             comply with the instructions of the
                                              PART 165—REGULATED NAVIGATION                                                                                  COTP or designated representative.
                                              AREAS AND LIMITED ACCESS AREAS                          33 CFR Part 165
                                                                                                                                                                This notice of enforcement is issued
                                                                                                      [Docket No. USCG–2017–0390]                            under authority of 33 CFR 165.801 and
                                              ■ 1. The authority citation for part 165
                                              continues to read as follows:                                                                                  5 U.S.C. 552(a). In addition to this
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      Safety Zone; PUSH Beaver County/                       notice of enforcement in the Federal
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Beaver County Boom, Ohio River,                        Register, the Coast Guard will provide
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Miles 25.2 to 25.6, Beaver, PA
                                              Department of Homeland Security Delegation                                                                     the maritime community with advance
                                              No. 0170.1.                                             AGENCY:  Coast Guard, DHS.                             notification of these enforcement
                                                                                                      ACTION: Notice of enforcement of                       periods via Local Notice to Mariners
                                              ■ 2. Add § 165.T08–0300 to read as
                                                                                                      regulation.
                                              follows:


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Document Created: 2017-06-06 06:21:18
Document Modified: 2017-06-06 06:21:18
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 10 a.m. to 3 p.m. on June 10, 2017.
ContactIf you have questions about this rulemaking, call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone 314-269-2332, email [email protected]
FR Citation82 FR 25962 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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