82_FR_28353 82 FR 28235 - Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update

82 FR 28235 - Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 118 (June 21, 2017)

Page Range28235-28238
FR Document2017-12920

The Coast Guard is amending and updating its annual and recurring safety zones that take place in the Coast Guard Sector Upper Mississippi River Captain of the Port Zone (COTP Zone). This regulation informs the public of regularly scheduled events that require additional safety measures through establishing a safety zone. Through this final rule the current list of recurring safety zones is updated with revisions, additional events, and removal of events that no longer take place in the COTP Zone. When these safety zones are enforced, vessel traffic is restricted from specified areas. Additionally, this rulemaking project serves to provide notice of the known recurring safety zones throughout the year.

Federal Register, Volume 82 Issue 118 (Wednesday, June 21, 2017) 
[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Rules and Regulations]
[Pages 28235-28238]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12920]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0272]
RIN 1625-AA00


Safety Zones; Sector Upper Mississippi River Annual and Recurring 
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending and updating its annual and 
recurring safety zones that take place in the Coast Guard Sector Upper 
Mississippi River Captain of the Port Zone (COTP Zone). This regulation 
informs the public of regularly scheduled events that require 
additional safety measures through establishing a safety zone. Through 
this final rule the current list of recurring safety zones is updated 
with revisions, additional events, and removal of events that no longer 
take place in the COTP Zone. When these safety zones are enforced, 
vessel traffic is restricted from specified areas. Additionally, this 
rulemaking project serves to provide notice of the known recurring 
safety zones throughout the year.

DATES: This rule is effective July 6, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0272 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, 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

II. Background Information and Regulatory History

    The Coast Guard preceded this final rule with a Notice of Proposed 
Rulemaking (NPRM) with request for comments. The NPRM was published in 
the Federal Register on May 8, 2017, (82 FR 21339). The NPRM updated 
current list of recurring safety zones with revisions, additional 
events, and removal of events that no longer take place in Sector Upper 
Mississippi River's COTP Zone. During the comment period that ended 
June 7, 2017, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of the 
rule is unnecessary, impracticable and against public interest. To wait 
for the rule to become effective after the publication is impracticable 
and against public interest because the Coast Guard would be prevented 
from enforcing the safety zones this rule is meant to enforce, which 
would prevent the Coast Guard from providing safety to the public and 
property, and jeopardize public interests. It is also unnecessary to 
wait for 30 days because the public had been provided plenty of 
opportunity to comment on these safety zones, but provided no comments 
or disagreements.

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 (COTP) Upper Mississippi River has 
determined that potential hazards associated with the recurring events 
will cause safety concerns. The purpose of this rule is to ensure 
safety of vessels and the navigable waters in the safety zones, before, 
during, and after the scheduled events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, during the comment period for our NPRM that 
published May 8, 2017, no comments were received. There are no changes 
in the regulatory text of this rule from the proposed rule in the NPRM.
    This rule establishes recurring safety zones to restrict vessel 
transit into and through specified areas to protect spectators, 
mariners, and other persons and property from potential hazards 
presented during certain events taking place in Sector Upper 
Mississippi River's COTP Zone. This final rule amends, updates, and 
replaces Table 2 in 33 CFR 165.801. No vessel or person will be 
permitted to enter the safety zones without first 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

[[Page 28236]]

by the Office of Management and Budget.
    This rule establishes safety zones limiting access to certain areas 
under 33 CFR 165 within Sector Upper Mississippi River's COTP Zone. The 
effect of this proposed rulemaking will not be significant because 
these safety zones are limited in scope and duration. Additionally, the 
public is given advance notification through local forms of notice, the 
Federal Register, and/or Notices of Enforcement and thus will be able 
to plan operations around the safety zones in advance. Entry into the 
safety zones established through this rulemaking may be requested from 
the COTP or a designated representative; requests 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    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.

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 establishing safety zones limiting access to certain area 
under 33 CFR 165 within Sector Upper Mississippi River's COTP Zone. It 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES.

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.

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. In Sec.  165.801, revise table 2 to read as follows:


Sec.  165.801  Annual fireworks displays and other events in the Eighth 
Coast Guard District requiring safety zones.

* * * * *

[[Page 28237]]



           Table 2 of Sec.   165.801--Sector Upper Mississippi River Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                                       Sector Upper
                Date                         Sponsor/name            Mississippi River          Safety zone
                                                                         location
----------------------------------------------------------------------------------------------------------------
1. 1 day--4th weekend in July......  Marketing Minneapolis LLC/   Minneapolis, MN.......  Upper Mississippi
                                      Target Aquatennial                                   River mile marker
                                      Fireworks.                                           853.2 to 854.2.
2. 1 day--4th of July weekend......  Radio Dubuque/Radio Dubuque  Dubuque, IA...........  Upper Mississippi
                                      Fireworks and Air show.                              River mile marker
                                                                                           581.0 to 583.0.
3. 1 day--2nd weekend of June......  City of Champlin/Father      Champlin, MN..........  Upper Mississippi
                                      Hennepin Fireworks Display.                          River mile marker
                                                                                           870.5 to 872.0.
4. 1 day--4th of July weekend......  Downtown Main Street/        Red Wing, MN..........  Upper Mississippi
                                      Mississippi Alumination.                             River mile marker
                                                                                           790.8 to 791.2.
5. 1 day--4th of July weekend......  Tan-Tar-A Resort/Tan-Tar-A   Lake of the Ozarks, MO  Lake of the Ozarks
                                      4th of July Fireworks.                               mile marker 025.8 to
                                                                                           026.2.
6. 1 day--1st weekend of September.  Tan-Tar-A Resort/Tan-Tar-A   Lake of the Ozarks, MO  Lake of the Ozarks
                                      Labor Day Fireworks.                                 mile marker 025.8 to
                                                                                           026.2.
7. 1 day--Last Sunday in May.......  Tan-Tar-A Resort/Tan-Tar-A   Lake of the Ozarks, MO  Lake of the Ozarks
                                      Memorial Day fireworks.                              mile marker 025.8 to
                                                                                           026.2.
8. 1 day--4th of July weekend......  Lake City Chamber of         Lake City, MN.........  Upper Mississippi
                                      Commerce/Lake City 4th of                            River mile marker
                                      July Fireworks.                                      772.4 to 772.8.
9. 1 day--4th of July weekend......  Greater Muscatine Chamber    Muscatine, IA.........  Upper Mississippi
                                      of Commerce/Muscatine 4th                            River mile marker
                                      of July.                                             455.0 to 456.0.
10. 1 day--Last weekend in June/     Friends of the River Kansas  Kansas City, KS.......  Missouri River mile
 First weekend in July.               City/KC Riverfest.                                   marker 364.8 to
                                                                                           365.2.
11. 1 day--4th of July weekend.....  Louisiana Chamber of         Louisiana, MO.........  Upper Mississippi
                                      Commerce/Louisiana July                              River mile marker
                                      4th Fireworks.                                       282.0 to 283.0.
12. 1 day--4th of July weekend.....  Guttenberg Development and   Guttenberg, IA........  Upper Mississippi
                                      Tourism/Stars and Stripes                            River mile marker
                                      River Day.                                           615.0 to 615.5.
13. 4 days--1st or 2nd week of July  Riverfest, Inc./La Crosse    La Crosse, WI.........  Upper Mississippi
                                      Riverfest.                                           River mile marker
                                                                                           697.5 to 698.5
                                                                                           (Wisconsin).
14. 1 day--2nd weekend in July.....  Prairie du Chien Area        Prairie du Chien, WI..  Upper Mississippi
                                      Chamber of Commerce/                                 River mile marker
                                      Prairie du Chien Area                                635.2 to 635.7.
                                      Chamber Fireworks.
15. 1 day--4th of July weekend.....  JMP Radio/Red White and      Peoria, IL............  Illinois River mile
                                      Boom Peoria.                                         marker 162.5 to
                                                                                           162.1.
16. 1 day--Last weekend in June/     Hudson Boosters/Hudson       Hudson, WI............  St. Croix River mile
 First weekend in July.               Booster Days.                                        marker 016.8 to
                                                                                           017.2.
17. 2 days--4th of July weekend....  City of St. Charles/St.      St. Charles, MO.......  Missouri River mile
                                      Charles Riverfest.                                   marker 028.2 to
                                                                                           028.8.
18. 1 day--4th of July weekend.....  Minneapolis Park and         Minneapolis, MN.......  Upper Mississippi
                                      Recreation Board/Red,                                River mile marker
                                      White, and Boom                                      853.5 to 854.5.
                                      Minneapolis.
19. 1 day--4th of July weekend.....  Davenport One Chamber/Red    Davenport, IA.........  Upper Mississippi
                                      White and Boom.                                      River mile marker
                                                                                           482.0 to 482.7.
20. 2 days--3rd weekend of July....  Amelia Earhart Festival      Kansas City, KS.......  Missouri River mile
                                      Committee/Amelia Earhart                             marker 422.0 to
                                      Festival.                                            424.5.
21. 1 day--4th of July weekend.....  Alton Exposition Commission/ Alton, IL.............  Upper Mississippi
                                      Mississippi Fireworks                                River mile marker
                                      Festival.                                            202.5 to 203.0.
22. 1 day--3rd Sunday in June......  Burlington Steamboat Days/   Burlington, IA........  Upper Mississippi
                                      Burlington Steamboat Days.                           River mile marker
                                                                                           403.5 to 404.5.
23. 1 day--Last Sunday in May......  Lodge of the Four Seasons/   Lake of the Ozarks, MO  Lake of the Ozarks
                                      Lodge of the Four Seasons                            mile marker 013.8 to
                                      Memorial Day Fireworks.                              014.2.
24. 1 day--First weekend of          Lodge of the Four Seasons/   Lake of the Ozarks, MO  Lake of the Ozarks
 September.                           Labor Day Fireworks.                                 mile marker 013.8 to
                                                                                           014.2.
25. 1 day--4th of July weekend.....  Lodge of the Four Seasons/   Lake of the Ozarks, MO  Lake of the Ozarks
                                      Lodge of the Four Seasons                            mile marker 013.8 to
                                      4th of July.                                         014.2.
26. 2 days--3rd weekend in July....  Hasting Riverboat Days/      Hasting, MN...........  Upper Mississippi
                                      Rivertown Days.                                      River mile marker
                                                                                           813.7 to 815.2.
27. 1 day--Sunday of Father's Day    Winona Steamboat Days/       Winona, MN............  Upper Mississippi
 weekend.                             Winona Steamboat Days                                River mile marker
                                      Fireworks.                                           725.4 to 725.7.
28. 3 days--4th of July weekend....  Fair of St. Louis/Fair St.   St. Louis, MO.........  Upper Mississippi
                                      Louis.                                               River mile marker
                                                                                           179.2 to 180.0.
29. 1 day--Last weekend in June/     Bellevue Heritage Days/      Bellevue, IA..........  Upper Mississippi
 First weekend in July.               Bellevue Heritage Days.                              River mile marker
                                                                                           556.0 to 556.5.
30. 1 day--4th of July weekend.....  Main Street Parkway          Parkville, MO.........  Missouri River mile
                                      Association/Parkville 4th                            marker 378.0 to
                                      of July Fireworks.                                   377.5.
31. 1 day--4th of July weekend.....  Hermann Chamber of Commerce/ Hermann, MO...........  Missouri River mile
                                      Hermann 4th of July.                                 marker 097.0 to 098.0
                                                                                           (Missouri).
32. 1 day--4th of July weekend.....  Grafton Chamber of Commerce/ Grafton, IL...........  Illinois River mile
                                      Grafton Chamber 4th of                               marker 001.5 to 000.5
                                      July Fireworks.                                      (Illinois).
33. 1 day--4th of July weekend.....  Salute to America            Jefferson City, MO....  Missouri River mile
                                      Foundation, Inc./Salute to                           marker 143.5 to 143.0
                                      America.                                             (Missouri).
34. 1 day--4th of July weekend.....  McGregor/Marquette Chamber   McGregor, IA..........  Upper Mississippi
                                      Commerce/Independence Day                            River mile marker
                                      Celebration.                                         635.7 to 634.2.
35. 2 days--2nd weekend in August..  Tug Committee/Great River    Port Byron, IL........  Upper Mississippi
                                      Tug.                                                 River mile marker
                                                                                           497.2 to 497.6
                                                                                           (Illinois).
36. 1 day--4th of July weekend.....  City of Stillwater/St.       Stillwater, MN........  St. Croix River mile
                                      Croix Events/Stillwater                              marker 022.9 to 023.5
                                      4th of July.                                         (Minnesota).
37. 2 days--3rd weekend of           Riverside Chamber of         Riverside, MO.........  Missouri River mile
 September.                           Commerce/Riverfest.                                  marker 371.8 to
                                                                                           372.2.
38. 4 days--3rd week of July.......  St. Croix Events/Lumberjack  Stillwater, MN........  St. Croix River mile
                                      Days.                                                marker 022.9 to 023.5
                                                                                           (Minnesota).
39. 2 days--Weekend that precedes    Lake of the Ozarks           Lake of the Ozarks, MO  Lake of the Ozarks
 Labor Day Weekend.                   Shootout, Inc./Lake of the                           mile marker 032.5 to
                                      Ozarks Shootout.                                     034.5.

[[Page 28238]]

 
40. 2 days--1st weekend of           City of Keithsburg/          Keithsburg, IL........  Upper Mississippi
 September.                           Keithsburg Fireworks                                 River mile marker
                                      Display.                                             427.5 to 427.3.
41. 1 day--4th of July weekend.....  City of East Moline/City of  East Moline, IA.......  Upper Mississippi
                                      East Moline Fireworks.                               River mile marker
                                                                                           490.2 to 489.8.
42. 2nd Weekend in August..........  Lansing Lion's Club/Lansing  Lansing, IA...........  Upper Mississippi
                                      Fish Days Fireworks.                                 River mile marker
                                                                                           662.8-663.9.
43. 3rd Weekend in August..........  River Action/Floatzilla....  Rock Island, Illinois.  Upper Mississippi
                                                                                           River mile marker
                                                                                           479.0-486.0.
44. 1 day--Weekend before            Main Street Parkway          Parkville, MO.........  Missouri River mile
 Thanksgiving.                        Association/Parkville                                marker 377.5 to
                                      Christmas on the River.                              378.0.
45. 1 day--4th of July weekend.....  City of Marquette/Marquette  Marquette, IA.........  Upper Mississippi
                                      Independence Day                                     River mile marker
                                      Celebration.                                         634.2 to 635.7.
46. 1 day--1st Weekend in June.....  St. Louis Brewers Guild      St. Louis, MO.........  Upper Mississippi
                                      Festival Fireworks.                                  River mile marker
                                                                                           179.2-180.
47. 1 day--4th Weekend in May......  Lumiere Place/Memorial Day   St. Louis, MO.........  Upper Mississippi
                                      Fireworks.                                           River mile marker 180-
                                                                                           180.5.
48. 1 day--1st Weekend in July.....  Lumiere Place/4th of July    St. Louis, MO.........  Upper Mississippi
                                      Fireworks.                                           River mile marker 180-
                                                                                           180.5.
49. 1 day--1st Weekend in September  Lumiere Place/Labor Day      St. Louis, MO.........  Upper Mississippi
                                      Fireworks.                                           River mile marker 180-
                                                                                           180.5.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: June 15, 2017.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2017-12920 Filed 6-20-17; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations 28235 5580, email hamptonroadswaterway@ additional safety measures through Guard from providing safety to the uscg.mil. establishing a safety zone. Through this public and property, and jeopardize SUPPLEMENTARY INFORMATION: The Coast final rule the current list of recurring public interests. It is also unnecessary to Guard will enforce the safety zone in 33 safety zones is updated with revisions, wait for 30 days because the public had CFR 165.506 from 9 p.m. until 10 p.m. additional events, and removal of events been provided plenty of opportunity to on July 3, 2017, for the Shore Drive that no longer take place in the COTP comment on these safety zones, but Fireworks. This action is being taken to Zone. When these safety zones are provided no comments or provide for the safety of life on enforced, vessel traffic is restricted from disagreements. navigable waterways during the specified areas. Additionally, this III. Legal Authority and Need for Rule fireworks display. Our regulation for rulemaking project serves to provide Recurring Marine Events within the notice of the known recurring safety The Coast Guard is issuing this rule Fifth Coast Guard District, § 165.506, zones throughout the year. under authority in 33 U.S.C. 1231. The specifies the location of the regulated DATES: This rule is effective July 6, Captain of the Port (COTP) Upper area for this safety zone within a 400 2017. Mississippi River has determined that yard radius of the center located at potential hazards associated with the ADDRESSES: To view documents approximate position latitude 36°55′02″ recurring events will cause safety mentioned in this preamble as being concerns. The purpose of this rule is to N., longitude 076°03′27″ W., located at available in the docket, go to http:// Virginia Beach, VA. As specified in ensure safety of vessels and the www.regulations.gov, type USCG–2017– navigable waters in the safety zones, § 165.506(d), during the enforcement 0272 in the ‘‘SEARCH’’ box and click period, no vessel may enter, remain in, before, during, and after the scheduled ‘‘SEARCH.’’ Click on Open Docket events. or transit through the safety zone Folder on the line associated with this without approval from the Captain of rule. IV. Discussion of Comments, Changes, the Port Sector Hampton Roads (COTP) FOR FURTHER INFORMATION CONTACT: If and the Rule or a COTP designated representative. you have questions on this rule, call or As noted above, during the comment The Coast Guard may be assisted by email LCDR Sean Peterson, Chief of period for our NPRM that published other Federal, state, or local law Prevention, U.S. Coast Guard; telephone May 8, 2017, no comments were enforcement agencies in enforcing this 314–269–2332, email Sean.M.Peterson@ received. There are no changes in the regulation. uscg.mil. regulatory text of this rule from the This notice of enforcement is issued SUPPLEMENTARY INFORMATION: proposed rule in the NPRM. under authority of 33 CFR 165.506(d) This rule establishes recurring safety and 5 U.S.C. 552(a). In addition to this I. Table of Abbreviations zones to restrict vessel transit into and notice of enforcement published in the through specified areas to protect Federal Register, the Coast Guard plans CFR Code of Federal Regulations COTP Captain of the Port Upper spectators, mariners, and other persons to provide notification of this and property from potential hazards Mississippi River enforcement period via the Local Notice DHS Department of Homeland Security presented during certain events taking to Mariners and marine information FR Federal Register place in Sector Upper Mississippi broadcasts. NPRM Notice of proposed rulemaking River’s COTP Zone. This final rule Dated: June 15, 2017. § Section amends, updates, and replaces Table 2 U.S.C. United States Code Richard J. Wester, in 33 CFR 165.801. No vessel or person Captain, U.S. Coast Guard, Captain of the II. Background Information and will be permitted to enter the safety Port, Hampton Roads. Regulatory History zones without first obtaining permission [FR Doc. 2017–12941 Filed 6–20–17; 8:45 am] from the COTP or a designated BILLING CODE 9110–04–P The Coast Guard preceded this final representative. rule with a Notice of Proposed Rulemaking (NPRM) with request for V. Regulatory Analyses DEPARTMENT OF HOMELAND comments. The NPRM was published in We developed this rule after SECURITY the Federal Register on May 8, 2017, (82 considering numerous statutes and FR 21339). The NPRM updated current Executive Orders related to rulemaking. Coast Guard list of recurring safety zones with Below we summarize our analyses revisions, additional events, and based on a number of these statutes and 33 CFR Part 165 removal of events that no longer take Executive orders, and we discuss First [Docket Number USCG–2017–0272] place in Sector Upper Mississippi Amendment rights of protestors. River’s COTP Zone. During the RIN 1625–AA00 comment period that ended June 7, A. Regulatory Planning and Review 2017, we received no comments. Executive Orders 12866 and 13563 Safety Zones; Sector Upper Under 5 U.S.C. 553(d)(3), the Coast direct agencies to assess the costs and Mississippi River Annual and Guard finds that good cause exists for benefits of available regulatory Recurring Safety Zones Update making this rule effective less than 30 alternatives and, if regulation is AGENCY: Coast Guard, DHS. days after publication in the Federal necessary, to select regulatory ACTION: Final rule. Register. Delaying the effective date of approaches that maximize net benefits. asabaliauskas on DSKBBXCHB2PROD with RULES the rule is unnecessary, impracticable Executive Order 13563 emphasizes the SUMMARY: The Coast Guard is amending and against public interest. To wait for importance of quantifying both costs and updating its annual and recurring the rule to become effective after the and benefits, of reducing costs, of safety zones that take place in the Coast publication is impracticable and against harmonizing rules, and of promoting Guard Sector Upper Mississippi River public interest because the Coast Guard flexibility. This rule has not been Captain of the Port Zone (COTP Zone). would be prevented from enforcing the designated a ‘‘significant regulatory This regulation informs the public of safety zones this rule is meant to action,’’ under Executive Order 12866. regularly scheduled events that require enforce, which would prevent the Coast Accordingly, it has not been reviewed VerDate Sep<11>2014 18:44 Jun 20, 2017 Jkt 241001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\21JNR1.SGM 21JNR1

28236 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations by the Office of Management and the Small Business and Agriculture we do discuss the effects of this rule Budget. Regulatory Enforcement Ombudsman elsewhere in this preamble. This rule establishes safety zones and the Regional Small Business F. Environment limiting access to certain areas under 33 Regulatory Fairness Boards. The CFR 165 within Sector Upper Ombudsman evaluates these actions We have analyzed this rule under Mississippi River’s COTP Zone. The annually and rates each agency’s Department of Homeland Security effect of this proposed rulemaking will responsiveness to small business. If you Management Directive 023–01 and not be significant because these safety wish to comment on actions by Commandant Instruction M16475.lD, zones are limited in scope and duration. employees of the Coast Guard, call 1– which guide the Coast Guard in Additionally, the public is given 888–REG–FAIR (1–888–734–3247). The complying with the National advance notification through local forms Coast Guard will not retaliate against Environmental Policy Act of 1969 (42 of notice, the Federal Register, and/or small entities that question or complain U.S.C. 4321–4370f), and have Notices of Enforcement and thus will be about this rule or any policy or action determined that this action is one of a able to plan operations around the of the Coast Guard. category of actions that do not safety zones in advance. Entry into the C. Collection of Information individually or cumulatively have a safety zones established through this significant effect on the human rulemaking may be requested from the This rule will not call for a new environment. This rule involves COTP or a designated representative; collection of information under the establishing safety zones limiting access requests will be considered on a case- Paperwork Reduction Act of 1995 (44 to certain area under 33 CFR 165 within by-case basis. U.S.C. 3501–3520). Sector Upper Mississippi River’s COTP B. Impact on Small Entities D. Federalism and Indian Tribal Zone. It is categorically excluded from Governments further review under paragraph 34(g) of The Regulatory Flexibility Act of Figure 2–1 of the Commandant A rule has implications for federalism 1980, 5 U.S.C. 601–612, as amended, Instruction. An environmental analysis under Executive Order 13132, requires Federal agencies to consider checklist supporting this determination Federalism, if it has a substantial direct the potential impact of regulations on and a Categorical Exclusion effect on the States, on the relationship small entities during rulemaking. The Determination are available in the between the national government and term ‘‘small entities’’ comprises small docket where indicated under the States, or on the distribution of businesses, not-for-profit organizations ADDRESSES. power and responsibilities among the that are independently owned and various levels of government. We have G. Protest Activities operated and are not dominant in their analyzed this rule under that Order and fields, and governmental jurisdictions have determined that it is consistent The Coast Guard respects the First with populations of less than 50,000. with the fundamental federalism Amendment rights of protesters. The Coast Guard received no comments principles and preemption requirements Protesters are asked to contact the from the Small Business Administration described in Executive Order 13132. person listed in the FOR FURTHER on this rulemaking. The Coast Guard Also, this rule does not have tribal INFORMATION CONTACT section to certifies under 5 U.S.C. 605(b) that this implications under Executive Order coordinate protest activities so that your rule will not have a significant 13175, Consultation and Coordination message can be received without economic impact on a substantial with Indian Tribal Governments, jeopardizing the safety or security of number of small entities. because it does not have a substantial people, places or vessels. While some owners or operators of direct effect on one or more Indian vessels intending to transit the safety List of Subjects in 33 CFR Part 165 tribes, on the relationship between the zone may be small entities, for the Federal Government and Indian tribes, Harbors, Marine safety, Navigation reasons stated in section V.A. above, or on the distribution of power and (water), Reporting and recordkeeping this rule will not have a significant responsibilities between the Federal requirements, Security measures, economic impact on any vessel owner Government and Indian tribes. If you Waterways. or operator. believe this rule has implications for Under section 213(a) of the Small federalism or Indian tribes, please PART 165—REGULATED NAVIGATION Business Regulatory Enforcement contact the person listed in the FOR AREAS AND LIMITED ACCESS AREAS Fairness Act of 1996 (Pub. L. 104–121), FURTHER INFORMATION CONTACT section. we want to assist small entities in ■ 1. The authority citation for part 165 understanding this rule. If the rule E. Unfunded Mandates Reform Act continues to read as follows: would affect your small business, The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191; organization, or governmental of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; jurisdiction and you have questions Federal agencies to assess the effects of Department of Homeland Security Delegation concerning its provisions or options for their discretionary regulatory actions. In No. 0170.1. compliance, please contact the person particular, the Act addresses actions ■ 2. In § 165.801, revise table 2 to read listed in the FOR FURTHER INFORMATION that may result in the expenditure by a as follows: CONTACT section. State, local, or tribal government, in the Small businesses may send comments aggregate, or by the private sector of § 165.801 Annual fireworks displays and asabaliauskas on DSKBBXCHB2PROD with RULES on the actions of Federal employees $100,000,000 (adjusted for inflation) or other events in the Eighth Coast Guard who enforce, or otherwise determine more in any one year. Though this rule District requiring safety zones. compliance with, Federal regulations to will not result in such an expenditure, * * * * * VerDate Sep<11>2014 17:29 Jun 20, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\21JNR1.SGM 21JNR1

Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations 28237 TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES Sector Upper Date Sponsor/name Mississippi Safety zone River location 1. 1 day—4th weekend in July .. Marketing Minneapolis LLC/Target Aquatennial Fireworks ........ Minneapolis, MN ...................... Upper Mississippi River mile marker 853.2 to 854.2. 2. 1 day—4th of July weekend .. Radio Dubuque/Radio Dubuque Fireworks and Air show .......... Dubuque, IA ............................. Upper Mississippi River mile marker 581.0 to 583.0. 3. 1 day—2nd weekend of June City of Champlin/Father Hennepin Fireworks Display ................ Champlin, MN .......................... Upper Mississippi River mile marker 870.5 to 872.0. 4. 1 day—4th of July weekend .. Downtown Main Street/Mississippi Alumination ......................... Red Wing, MN .......................... Upper Mississippi River mile marker 790.8 to 791.2. 5. 1 day—4th of July weekend .. Tan-Tar-A Resort/Tan-Tar-A 4th of July Fireworks .................... Lake of the Ozarks, MO ........... Lake of the Ozarks mile marker 025.8 to 026.2. 6. 1 day—1st weekend of Sep- Tan-Tar-A Resort/Tan-Tar-A Labor Day Fireworks .................... Lake of the Ozarks, MO ........... Lake of the Ozarks mile marker tember. 025.8 to 026.2. 7. 1 day—Last Sunday in May .. Tan-Tar-A Resort/Tan-Tar-A Memorial Day fireworks ................ Lake of the Ozarks, MO ........... Lake of the Ozarks mile marker 025.8 to 026.2. 8. 1 day—4th of July weekend .. Lake City Chamber of Commerce/Lake City 4th of July Fire- Lake City, MN .......................... Upper Mississippi River mile works. marker 772.4 to 772.8. 9. 1 day—4th of July weekend .. Greater Muscatine Chamber of Commerce/Muscatine 4th of Muscatine, IA ........................... Upper Mississippi River mile July. marker 455.0 to 456.0. 10. 1 day—Last weekend in Friends of the River Kansas City/KC Riverfest .......................... Kansas City, KS ....................... Missouri River mile marker June/First weekend in July. 364.8 to 365.2. 11. 1 day—4th of July weekend Louisiana Chamber of Commerce/Louisiana July 4th Fireworks Louisiana, MO .......................... Upper Mississippi River mile marker 282.0 to 283.0. 12. 1 day—4th of July weekend Guttenberg Development and Tourism/Stars and Stripes River Guttenberg, IA .......................... Upper Mississippi River mile Day. marker 615.0 to 615.5. 13. 4 days—1st or 2nd week of Riverfest, Inc./La Crosse Riverfest ............................................. La Crosse, WI .......................... Upper Mississippi River mile July. marker 697.5 to 698.5 (Wis- consin). 14. 1 day—2nd weekend in July Prairie du Chien Area Chamber of Commerce/Prairie du Chien Prairie du Chien, WI ................. Upper Mississippi River mile Area Chamber Fireworks. marker 635.2 to 635.7. 15. 1 day—4th of July weekend JMP Radio/Red White and Boom Peoria ................................... Peoria, IL .................................. Illinois River mile marker 162.5 to 162.1. 16. 1 day—Last weekend in Hudson Boosters/Hudson Booster Days .................................... Hudson, WI .............................. St. Croix River mile marker June/First weekend in July. 016.8 to 017.2. 17. 2 days—4th of July week- City of St. Charles/St. Charles Riverfest .................................... St. Charles, MO ....................... Missouri River mile marker end. 028.2 to 028.8. 18. 1 day—4th of July weekend Minneapolis Park and Recreation Board/Red, White, and Minneapolis, MN ...................... Upper Mississippi River mile Boom Minneapolis. marker 853.5 to 854.5. 19. 1 day—4th of July weekend Davenport One Chamber/Red White and Boom ........................ Davenport, IA ........................... Upper Mississippi River mile marker 482.0 to 482.7. 20. 2 days—3rd weekend of Amelia Earhart Festival Committee/Amelia Earhart Festival ...... Kansas City, KS ....................... Missouri River mile marker July. 422.0 to 424.5. 21. 1 day—4th of July weekend Alton Exposition Commission/Mississippi Fireworks Festival ..... Alton, IL .................................... Upper Mississippi River mile marker 202.5 to 203.0. 22. 1 day—3rd Sunday in June Burlington Steamboat Days/Burlington Steamboat Days ........... Burlington, IA ............................ Upper Mississippi River mile marker 403.5 to 404.5. 23. 1 day—Last Sunday in May Lodge of the Four Seasons/Lodge of the Four Seasons Memo- Lake of the Ozarks, MO ........... Lake of the Ozarks mile marker rial Day Fireworks. 013.8 to 014.2. 24. 1 day—First weekend of Lodge of the Four Seasons/Labor Day Fireworks ...................... Lake of the Ozarks, MO ........... Lake of the Ozarks mile marker September. 013.8 to 014.2. 25. 1 day—4th of July weekend Lodge of the Four Seasons/Lodge of the Four Seasons 4th of Lake of the Ozarks, MO ........... Lake of the Ozarks mile marker July. 013.8 to 014.2. 26. 2 days—3rd weekend in Hasting Riverboat Days/Rivertown Days .................................... Hasting, MN ............................. Upper Mississippi River mile July. marker 813.7 to 815.2. 27. 1 day—Sunday of Father’s Winona Steamboat Days/Winona Steamboat Days Fireworks .. Winona, MN ............................. Upper Mississippi River mile Day weekend. marker 725.4 to 725.7. 28. 3 days—4th of July week- Fair of St. Louis/Fair St. Louis .................................................... St. Louis, MO ........................... Upper Mississippi River mile end. marker 179.2 to 180.0. 29. 1 day—Last weekend in Bellevue Heritage Days/Bellevue Heritage Days ....................... Bellevue, IA .............................. Upper Mississippi River mile June/First weekend in July. marker 556.0 to 556.5. 30. 1 day—4th of July weekend Main Street Parkway Association/Parkville 4th of July Fire- Parkville, MO ............................ Missouri River mile marker works. 378.0 to 377.5. 31. 1 day—4th of July weekend Hermann Chamber of Commerce/Hermann 4th of July ............. Hermann, MO ........................... Missouri River mile marker 097.0 to 098.0 (Missouri). 32. 1 day—4th of July weekend Grafton Chamber of Commerce/Grafton Chamber 4th of July Grafton, IL ................................ Illinois River mile marker 001.5 Fireworks. to 000.5 (Illinois). 33. 1 day—4th of July weekend Salute to America Foundation, Inc./Salute to America ............... Jefferson City, MO ................... Missouri River mile marker 143.5 to 143.0 (Missouri). 34. 1 day—4th of July weekend McGregor/Marquette Chamber Commerce/Independence Day McGregor, IA ............................ Upper Mississippi River mile Celebration. marker 635.7 to 634.2. 35. 2 days—2nd weekend in Tug Committee/Great River Tug ................................................. Port Byron, IL ........................... Upper Mississippi River mile asabaliauskas on DSKBBXCHB2PROD with RULES August. marker 497.2 to 497.6 (Illi- nois). 36. 1 day—4th of July weekend City of Stillwater/St. Croix Events/Stillwater 4th of July ............. Stillwater, MN ........................... St. Croix River mile marker 022.9 to 023.5 (Minnesota). 37. 2 days—3rd weekend of Riverside Chamber of Commerce/Riverfest ............................... Riverside, MO .......................... Missouri River mile marker September. 371.8 to 372.2. 38. 4 days—3rd week of July .... St. Croix Events/Lumberjack Days ............................................. Stillwater, MN ........................... St. Croix River mile marker 022.9 to 023.5 (Minnesota). 39. 2 days—Weekend that pre- Lake of the Ozarks Shootout, Inc./Lake of the Ozarks Shootout Lake of the Ozarks, MO ........... Lake of the Ozarks mile marker cedes Labor Day Weekend. 032.5 to 034.5. VerDate Sep<11>2014 17:29 Jun 20, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\21JNR1.SGM 21JNR1

28238 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued Sector Upper Date Sponsor/name Mississippi Safety zone River location 40. 2 days—1st weekend of City of Keithsburg/Keithsburg Fireworks Display ........................ Keithsburg, IL ........................... Upper Mississippi River mile September. marker 427.5 to 427.3. 41. 1 day—4th of July weekend City of East Moline/City of East Moline Fireworks ..................... East Moline, IA ......................... Upper Mississippi River mile marker 490.2 to 489.8. 42. 2nd Weekend in August ...... Lansing Lion’s Club/Lansing Fish Days Fireworks ..................... Lansing, IA ............................... Upper Mississippi River mile marker 662.8–663.9. 43. 3rd Weekend in August ....... River Action/Floatzilla .................................................................. Rock Island, Illinois .................. Upper Mississippi River mile marker 479.0–486.0. 44. 1 day—Weekend before Main Street Parkway Association/Parkville Christmas on the Parkville, MO ............................ Missouri River mile marker Thanksgiving. River. 377.5 to 378.0. 45. 1 day—4th of July weekend City of Marquette/Marquette Independence Day Celebration .... Marquette, IA ............................ Upper Mississippi River mile marker 634.2 to 635.7. 46. 1 day—1st Weekend in St. Louis Brewers Guild Festival Fireworks ................................ St. Louis, MO ........................... Upper Mississippi River mile June. marker 179.2–180. 47. 1 day—4th Weekend in May Lumiere Place/Memorial Day Fireworks ..................................... St. Louis, MO ........................... Upper Mississippi River mile marker 180–180.5. 48. 1 day—1st Weekend in July Lumiere Place/4th of July Fireworks ........................................... St. Louis, MO ........................... Upper Mississippi River mile marker 180–180.5. 49. 1 day—1st Weekend in Lumiere Place/Labor Day Fireworks ........................................... St. Louis, MO ........................... Upper Mississippi River mile September. marker 180–180.5. * * * * * available in the docket, go to http:// time remaining before the event to Dated: June 15, 2017. www.regulations.gov, type USCG–2017– publish an NPRM. Thus, delaying the M.L. Malloy, 0277 in the ‘‘SEARCH’’ box and click effective date of this rule to wait for a ‘‘SEARCH.’’ Click on Open Docket comment period to run would be both Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River. Folder on the line associated with this impracticable and contrary to the public rule. interest because it would inhibit the [FR Doc. 2017–12920 Filed 6–20–17; 8:45 am] FOR FURTHER INFORMATION CONTACT: If Coast Guard’s ability to protect BILLING CODE 9110–04–P you have questions about this proposed spectators and vessels from the hazards rulemaking, call or email LT Michael associated with an air show over a DEPARTMENT OF HOMELAND Collet, Chief of Waterways Management, navigable waterway. SECURITY U.S. Coast Guard Sector Buffalo; Under 5 U.S.C. 553(d)(3), the Coast telephone 716–843–9322, email D09- Guard finds that good cause exists for Coast Guard SMB-SECBuffalo-WWM@uscg.mil. making this temporary rule effective less SUPPLEMENTARY INFORMATION: than 30 days after publication in the 33 CFR Part 165 Federal Register because doing so I. Table of Abbreviations would be impracticable and contrary to [Docket Number USCG–2017–0277] CFR Code of Federal Regulations the public interest. Delaying the DHS Department of Homeland Security effective date would be contrary to the RIN 1625–AA00 FR Federal Register rule’s objectives of ensuring safety of NPRM Notice of proposed rulemaking Safety Zone; Dunkirk Lakeshore Air Pub. L. Public Law life on the navigable waters and Show; Lake Erie, Dunkirk, NY § Section protection of persons and vessels near U.S.C. United States Code the event. AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. II. Background Information and III. Legal Authority and Need for Rule Regulatory History The Coast Guard issues this rule SUMMARY: The Coast Guard is The Coast Guard is issuing this under authority in 33 U.S.C. 1231. On establishing a temporary safety zone on temporary rule without prior notice and July 1, 2017 and July 2, 2017, between Lake Erie, Dunkirk, NY. This safety zone opportunity to comment pursuant to 12:45 p.m. and 5:15 p.m. each day, an is intended to restrict vessels from a authority under section 4(a) of the air show will be held on the shoreline portion of Lake Erie during the Dunkirk Administrative Procedure Act (APA) (5 of Lake Erie in Dunkirk, NY. It is Lakeshore Air Show on July 1, 2017 and U.S.C. 553(b)). This provision anticipated that there will be a heavy July 2, 2017. This temporary safety zone authorizes an agency to issue a rule amount of recreational boating traffic is necessary to protect participants, without prior notice and opportunity to present to view the air show. The spectators, and vessels from the hazards comment when the agency finds good Captain of the Port Buffalo has associated with aerial stunts, low flying cause that those procedures are determined that potential hazards aircraft, and aircraft maneuvers. Entry of ‘‘impracticable, unnecessary, or contrary associated with an air show over a vessels or persons into this zone is to the public interest.’’ Under 5 U.S.C. navigable waterway pose a significant asabaliauskas on DSKBBXCHB2PROD with RULES prohibited unless specifically 553(b)(3)(B), the Coast Guard finds that risk to public safety and property within authorized by the Captain of the Port good cause exists for not publishing a the immediate location of the show. Buffalo (COTP). notice of proposed rulemaking (NPRM) DATES: This rule is effective from 12:45 IV. Discussion of the Rule with respect to this rule because doing p.m. on July 1, 2017, to 5:15 p.m. on so would be impracticable and contrary This rule establishes a safety zone July 2, 2017. to the public interest. The final details from 12:45 p.m. to 5:15 p.m. on July 1, ADDRESSES: To view documents for this event were not provided to the 2017 and July 2, 2017. The safety zone mentioned in this preamble as being Coast Guard until there was insufficient will encompass all waters of Lake Erie; VerDate Sep<11>2014 17:29 Jun 20, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\21JNR1.SGM 21JNR1


Document Created: 2018-11-14 10:09:12
Document Modified: 2018-11-14 10:09:12
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
ActionFinal rule.
DatesThis rule is effective July 6, 2017.
ContactIf you have questions on this rule, call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone 314-269-2332, email [email protected]
FR Citation82 FR 28235 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
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