82_FR_29119 82 FR 28997 - Safety Zone; Verdigris River, Catoosa, OK

82 FR 28997 - Safety Zone; Verdigris River, Catoosa, OK

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 122 (June 27, 2017)

Page Range28997-28999
FR Document2017-13428

The Coast Guard is establishing a temporary safety zone for certain waters of the Verdigris River. This action is necessary to provide for the safety of life on these navigable waters near Rogers Point Park, Catoosa, OK, during a fireworks display on July 1, 2017. The safety zone will cover all navigable waters between mile marker 444.0 and mile marker 444.5 in the Verdigris River This rulemaking will prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Memphis (COTP) or a designated representative.

Federal Register, Volume 82 Issue 122 (Tuesday, June 27, 2017)
[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Rules and Regulations]
[Pages 28997-28999]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13428]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0514]
RIN 1625-AA00


Safety Zone; Verdigris River, Catoosa, OK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Verdigris River. This action is necessary to 
provide for the safety of life on these navigable waters near Rogers 
Point Park, Catoosa, OK, during a fireworks display on July 1, 2017. 
The safety zone will cover all navigable waters between mile marker 
444.0 and mile marker 444.5 in the Verdigris River This rulemaking will 
prohibit persons and vessels from entering the safety zone unless 
authorized by the Captain of the Port Memphis (COTP) or a designated 
representative.

DATES: This rule is effective from 9:30 p.m. until 10 p.m. on July 1, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0514 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 Petty Officer Todd Manow, Waterways 
Management, Sector Lower Mississippi River, U.S. Coast Guard; telephone 
901-521-4813, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Memphis
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 20, 2017, the City of Catoosa notified the Coast Guard 
that it will be conducting a fireworks display from 9:30 p.m. until 10 
p.m. on July 1, 2017, as part of the shore side event, ``Libertyfest.'' 
The fireworks are to be

[[Page 28998]]

launched from the left descending bank of the Verdigris River at mile 
marker 444.2, 500 yards downriver of the State Route 66 bridge in 
Catoosa, OK, located at the approximate geographic coordinates of 
36[deg]12.8' N., 095[deg]43.0' W. Hazards from firework displays 
include accidental discharge of fireworks, dangerous projectiles, and 
falling hot embers or other debris. The Captain of the Port Memphis 
(COTP) has determined that potential hazards associated with the 
fireworks present a safety concern for anyone within the area on the 
Verdigris River between mile marker 444.0 and mile marker 444.5.
    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. Although the event sponsor originally 
submitted notice to the Coast Guard on March 20, 2017, final details of 
the event and safety zone requirements were not finalized until June 2, 
2017. It is impracticable to publish an NPRM because we must establish 
this safety zone by July 1, 2017, and lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule.
    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 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to protect the persons and property 
from the dangers associated with the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33 
U.S.C. 1231. The COTP has determined that potential hazards associated 
with this fireworks event would be a safety concern for anyone on the 
Verdigris River between mile marker 444.0 and mile marker 444.5. 
Hazards from fireworks displays include accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris. This rule is needed to ensure the safety of life and vessels on 
the navigable waters before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:30 p.m. to 10 p.m. on 
July 1, 2017. The safety zone will cover all navigable waters of the 
Verdigris River from mile marker 444.0 to mile marker 444.5 in the 
vicinity of Rogers Point Park in Catoosa, OK. The safety zone is 
intended to ensure the safety of waterway users on these navigable 
waters before, during, and after the scheduled fireworks display. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. The 
regulatory text appears at the end of this document.

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 (E.O.) 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. E.O. 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 E.O. 12866. Accordingly, it 
has not been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be prohibited from entering this safety zone, which will impact a 
small designated area of the Lower Mississippi River for 30 minutes 
during the evening of Saturday, July 1, 2017. This safety zone may end 
early if conditions allow, as determined by the COTP or a designated 
representative. Moreover, the Coast Guard will issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the zone, and the rule 
will allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 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 E.O. 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

[[Page 28999]]

preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it will 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule involves a safety zone that 
will prohibit entry into the zone unless authorized by the COTP or a 
designated representative lasting 30 minutes on one half mile of the 
Verdigris River located just downriver of the State Route 66 Bridge in 
Catoosa, OK. It is categorically excluded from further review under 
paragraph L60 of Appendix A of the Commandant Instruction. A Record of 
Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

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 temporary Sec.  165.T08-0514 to read as follows:


Sec.  165.T08-0514  Safety Zone; Verdigris River, Catoosa, OK.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Verdigris River from mile marker 444.0 to mile marker 
444.5 in the vicinity of the left descending bank of the Verdigris 
River at mile marker 444.2, approximately 500 yards downriver of the 
State Route 66 bridge in Catoosa, OK at approximate position 
36[deg]12.8' N., 095[deg]43.0' W.
    (b) Effective date. The safety zone will be in effect from 9:30 
p.m. until 10 p.m. on July 1, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Memphis (COTP) or a 
designated representative.
    (2) Any vessel desiring to enter this safety zone must first obtain 
permission from the COPT or a designated representative, who may be 
contacted on VHF-FM Channel 16 or by telephone at 866-777-2784.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement periods for the safety zone.

    Dated: June 13, 2017.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Memphis, Tennessee.
[FR Doc. 2017-13428 Filed 6-26-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations                                          28997

                                             G. Protest Activities                                   participants or official patrol vessels,               DEPARTMENT OF HOMELAND
                                               The Coast Guard respects the First                    unless specifically authorized by the                  SECURITY
                                             Amendment rights of protesters.                         Captain of the Port Marine Safety Unit
                                                                                                     Pittsburgh (COTP) or a designated                      Coast Guard
                                             Protesters are asked to contact the
                                             person listed in the FOR FURTHER                        representative.
                                                                                                                                                            33 CFR Part 165
                                             INFORMATION CONTACT section to
                                                                                                     DATES: The regulations in 33 CFR
                                             coordinate protest activities so that your                                                                     [Docket Number USCG–2017–0514]
                                                                                                     165.801, Table 1, line 47, will be
                                             message can be received without                                                                                RIN 1625–AA00
                                             jeopardizing the safety or security of                  enforced from 9 p.m. until 10:30 p.m.,
                                             people, places or vessels.                              on July 4, 2017.
                                                                                                                                                            Safety Zone; Verdigris River, Catoosa,
                                             List of Subjects in 33 CFR Part 117                     FOR FURTHER INFORMATION CONTACT:    If                 OK
                                                                                                     you have questions about this notice of
                                               Bridges.                                              enforcement, call or email MST1                        AGENCY:    Coast Guard, DHS.
                                               For the reasons discussed in the                      Jennifer Haggins, Marine Safety Unit                   ACTION:   Temporary final rule.
                                             preamble, the Coast Guard amends 33                     Pittsburgh, U.S. Coast Guard; telephone
                                             CFR part 117 as follows:                                                                                       SUMMARY:   The Coast Guard is
                                                                                                     412–221–0807, email                                    establishing a temporary safety zone for
                                                                                                     Jennifer.L.Haggins@uscg.mil.                           certain waters of the Verdigris River.
                                             PART 117—DRAWBRIDGE
                                             OPERATION REGULATIONS                                   SUPPLEMENTARY INFORMATION:      The Coast              This action is necessary to provide for
                                                                                                     Guard will enforce the safety zone for                 the safety of life on these navigable
                                             ■ 1. The authority citation for part 117                the annual ‘‘Three Rivers Regatta                      waters near Rogers Point Park, Catoosa,
                                             continues to read as follows:                           Fireworks/EQT 4th of July Celebration’’                OK, during a fireworks display on July
                                               Authority: 33 U.S.C. 499; 33 CFR 1.05–1;              barge fireworks display, listed in the                 1, 2017. The safety zone will cover all
                                             Department of Homeland Security Delegation              regulations in 33 CFR 165.801, Table 1,                navigable waters between mile marker
                                             No. 0170.1.                                             Sector Ohio Valley, No. 47 from 9 p.m.                 444.0 and mile marker 444.5 in the
                                                                                                                                                            Verdigris River This rulemaking will
                                             § 117.147   [Amended]                                   until 10:30 p.m., on July 4, 2017. Our
                                                                                                                                                            prohibit persons and vessels from
                                                                                                     Sector Ohio Valley Annual and
                                             ■ 2. In § 117.147, remove paragraph (a)                                                                        entering the safety zone unless
                                                                                                     Recurring Safety Zones, § 165.801,
                                             and redesignate paragraph (b) as an                                                                            authorized by the Captain of the Port
                                                                                                     specifies the location of the regulated                Memphis (COTP) or a designated
                                             undesignated paragraph.
                                                                                                     area for the Ohio River, Mile 0.0–0.5,                 representative.
                                               Dated: June 21, 2017.                                 Alleghany River, Mile 0.0–0.5, and
                                             T.A. Sokalzuk,                                          Monongahela River, Mile 0.0–0.5. Entry                 DATES: This rule is effective from 9:30
                                             Rear Admiral, U.S. Coast Guard, Commander,              into the safety zone is prohibited unless              p.m. until 10 p.m. on July 1, 2017.
                                             Eleventh Coast Guard District.                          authorized by the Captain of the Port                  ADDRESSES: To view documents
                                             [FR Doc. 2017–13379 Filed 6–26–17; 8:45 am]             Marine Safety Unit Pittsburgh (COTP) or                mentioned in this preamble as being
                                             BILLING CODE 9110–04–P                                  a designated representative. Persons or                available in the docket, go to http://
                                                                                                     vessels desiring to enter into or passage              www.regulations.gov, type USCG–2017–
                                                                                                     through the safety zone must request                   0514 in the ‘‘SEARCH’’ box and click
                                             DEPARTMENT OF HOMELAND                                                                                         ‘‘SEARCH.’’ Click on ‘‘Open Docket
                                                                                                     permission from the COTP or a
                                             SECURITY                                                                                                       Folder’’ on the line associated with this
                                                                                                     designated representative. If permission
                                                                                                                                                            rule.
                                             Coast Guard                                             is granted, all persons and vessels shall
                                                                                                     comply with the instructions of the                    FOR FURTHER INFORMATION CONTACT: If
                                                                                                     COTP or designated representative.                     you have questions about this
                                             33 CFR Part 165
                                                                                                                                                            rulemaking, call or email Petty Officer
                                             [Docket No. USCG–2017–0537]                                This notice of enforcement is issued                Todd Manow, Waterways Management,
                                                                                                     under authority of 33 CFR 165.801 and                  Sector Lower Mississippi River, U.S.
                                             Safety Zone; Three Rivers Regatta                       5 U.S.C. 552(a). In addition to this                   Coast Guard; telephone 901–521–4813,
                                             Fireworks/EQT 4th of July Celebration,                  notice of enforcement in the Federal                   email Todd.M.Manow@uscg.mil.
                                             Pittsburgh, PA                                          Register, the Coast Guard will provide                 SUPPLEMENTARY INFORMATION:
                                                                                                     advance notification of this enforcement
                                             AGENCY:  Coast Guard, DHS.                                                                                     I. Table of Abbreviations
                                                                                                     period via Local Notice to Mariners and
                                             ACTION: Notice of enforcement of                        updates via Marine Information                         CFR Code of Federal Regulations
                                             regulation.                                             Broadcasts.                                            COTP Captain of the Port Memphis
                                             SUMMARY:   The Coast Guard will enforce                                                                        DHS Department of Homeland Security
                                                                                                       Dated: June 19, 2017.
                                                                                                                                                            E.O. Executive Order
                                             a safety zone for the ‘‘Three Rivers                    L. McClain, Jr.,                                       FR Federal Register
                                             Regatta Fireworks/EQT 4th of July                       Commander, U.S. Coast Guard, Captain of                NPRM Notice of proposed rulemaking
                                             Celebration’’ on the Allegheny River,                   the Port Marine Safety Unit Pittsburgh.                § Section
                                             Monongahela River, and Ohio River.                                                                             U.S.C. United States Code
                                                                                                     [FR Doc. 2017–13399 Filed 6–26–17; 8:45 am]
                                             The safety zone is necessary to provide
                                             for the safety of life and to protect                   BILLING CODE 9110–04–P                                 II. Background Information and
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                                             vessels from the hazards associated with                                                                       Regulatory History
                                             the ‘‘Three Rivers Regatta Fireworks/                                                                             On March 20, 2017, the City of
                                             EQT 4th of July Celebration’’ barge                                                                            Catoosa notified the Coast Guard that it
                                             fireworks displays. During the                                                                                 will be conducting a fireworks display
                                             enforcement period, entry into the                                                                             from 9:30 p.m. until 10 p.m. on July 1,
                                             safety zone is prohibited for all vessels                                                                      2017, as part of the shore side event,
                                             not registered with the sponsor as                                                                             ‘‘Libertyfest.’’ The fireworks are to be


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                                             28998              Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations

                                             launched from the left descending bank                  and vessels on the navigable waters                    the potential impact of regulations on
                                             of the Verdigris River at mile marker                   before, during, and after the scheduled                small entities during rulemaking. The
                                             444.2, 500 yards downriver of the State                 event.                                                 term ‘‘small entities’’ comprises small
                                             Route 66 bridge in Catoosa, OK, located                                                                        businesses, not-for-profit organizations
                                                                                                     IV. Discussion of the Rule
                                             at the approximate geographic                                                                                  that are independently owned and
                                             coordinates of 36°12.8′ N., 095°43.0′ W.                  This rule establishes a safety zone                  operated and are not dominant in their
                                             Hazards from firework displays include                  from 9:30 p.m. to 10 p.m. on July 1,                   fields, and governmental jurisdictions
                                             accidental discharge of fireworks,                      2017. The safety zone will cover all                   with populations of less than 50,000.
                                             dangerous projectiles, and falling hot                  navigable waters of the Verdigris River                The Coast Guard certifies under 5 U.S.C.
                                             embers or other debris. The Captain of                  from mile marker 444.0 to mile marker                  605(b) that this rule will not have a
                                             the Port Memphis (COTP) has                             444.5 in the vicinity of Rogers Point                  significant economic impact on a
                                             determined that potential hazards                       Park in Catoosa, OK. The safety zone is                substantial number of small entities.
                                             associated with the fireworks present a                 intended to ensure the safety of                          While some owners or operators of
                                             safety concern for anyone within the                    waterway users on these navigable                      vessels intending to transit the safety
                                             area on the Verdigris River between                     waters before, during, and after the                   zone may be small entities, for the
                                             mile marker 444.0 and mile marker                       scheduled fireworks display. No vessel                 reasons stated in section V.A. above,
                                             444.5.                                                  or person will be permitted to enter the               this rule will not have a significant
                                                The Coast Guard is issuing this                      safety zone without obtaining                          economic impact on any vessel owner
                                             temporary rule without prior notice and                 permission from the COTP or a                          or operator.
                                             opportunity to comment pursuant to                      designated representative. The                            Under section 213(a) of the Small
                                             authority under section 4(a) of the                     regulatory text appears at the end of this             Business Regulatory Enforcement
                                             Administrative Procedure Act (APA) (5                   document.                                              Fairness Act of 1996 (Pub. L. 104–121),
                                             U.S.C. 553(b)). This provision                                                                                 we want to assist small entities in
                                             authorizes an agency to issue a rule                    V. Regulatory Analyses                                 understanding this rule. If the rule
                                             without prior notice and opportunity to                   We developed this rule after                         would affect your small business,
                                             comment when the agency for good                        considering numerous statutes and                      organization, or governmental
                                             cause finds that those procedures are                   Executive orders related to rulemaking.                jurisdiction and you have questions
                                             ‘‘impracticable, unnecessary, or contrary               Below we summarize our analyses                        concerning its provisions or options for
                                             to the public interest.’’ Under 5 U.S.C.                based on a number of these statutes and                compliance, please contact the person
                                             553(b)(B), the Coast Guard finds that                   Executive orders and we discuss First                  listed in the FOR FURTHER INFORMATION
                                             good cause exists for not publishing a                  Amendment rights of protestors.                        CONTACT section.
                                             notice of proposed rulemaking (NPRM)                                                                              Small businesses may send comments
                                                                                                     A. Regulatory Planning and Review
                                             with respect to this rule. Although the                                                                        on the actions of Federal employees
                                             event sponsor originally submitted                         Executive Orders (E.O.) 12866 and                   who enforce, or otherwise determine
                                             notice to the Coast Guard on March 20,                  13563 direct agencies to assess the costs              compliance with, Federal regulations to
                                             2017, final details of the event and                    and benefits of available regulatory                   the Small Business and Agriculture
                                             safety zone requirements were not                       alternatives and, if regulation is                     Regulatory Enforcement Ombudsman
                                             finalized until June 2, 2017. It is                     necessary, to select regulatory                        and the Regional Small Business
                                             impracticable to publish an NPRM                        approaches that maximize net benefits.                 Regulatory Fairness Boards. The
                                             because we must establish this safety                   E.O. 13563 emphasizes the importance                   Ombudsman evaluates these actions
                                             zone by July 1, 2017, and lack sufficient               of quantifying both costs and benefits, of             annually and rates each agency’s
                                             time to provide a reasonable comment                    reducing costs, of harmonizing rules,                  responsiveness to small business. If you
                                             period and then consider those                          and of promoting flexibility. This rule                wish to comment on actions by
                                             comments before issuing the rule.                       has not been designated a ‘‘significant                employees of the Coast Guard, call 1–
                                                Under 5 U.S.C. 553(d)(3), the Coast                  regulatory action,’’ under E.O. 12866.                 888–REG–FAIR (1–888–734–3247). The
                                             Guard finds that good cause exists for                  Accordingly, it has not been reviewed                  Coast Guard will not retaliate against
                                             making this rule effective less than 30                 by the Office of Management and                        small entities that question or complain
                                             days after publication in the Federal                   Budget.                                                about this rule or any policy or action
                                             Register. Delaying the effective date of                   This regulatory action determination                of the Coast Guard.
                                             this rule would be impracticable and                    is based on the size, location, duration,
                                             contrary to the public interest because                 and time-of-day of the safety zone.                    C. Collection of Information
                                             immediate action is needed to protect                   Vessel traffic will be prohibited from                   This rule will not call for a new
                                             the persons and property from the                       entering this safety zone, which will                  collection of information under the
                                             dangers associated with the fireworks                   impact a small designated area of the                  Paperwork Reduction Act of 1995 (44
                                             display.                                                Lower Mississippi River for 30 minutes                 U.S.C. 3501–3520).
                                                                                                     during the evening of Saturday, July 1,
                                             III. Legal Authority and Need for Rule                                                                         D. Federalism and Indian Tribal
                                                                                                     2017. This safety zone may end early if
                                                The Coast Guard is issuing this rule                                                                        Governments
                                                                                                     conditions allow, as determined by the
                                             under the authority in 33 U.S.C. 1231.                  COTP or a designated representative.                      A rule has implications for federalism
                                             The COTP has determined that potential                  Moreover, the Coast Guard will issue a                 under E.O. 13132, Federalism, if it has
                                             hazards associated with this fireworks                  Broadcast Notice to Mariners via VHF–                  a substantial direct effect on the States,
                                             event would be a safety concern for                     FM marine channel 16 about the zone,                   on the relationship between the national
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                                             anyone on the Verdigris River between                   and the rule will allow vessels to seek                government and the States, or on the
                                             mile marker 444.0 and mile marker                       permission to enter the zone.                          distribution of power and
                                             444.5. Hazards from fireworks displays                                                                         responsibilities among the various
                                             include accidental discharge of                         B. Impact on Small Entities                            levels of government. We have analyzed
                                             fireworks, dangerous projectiles, and                     The Regulatory Flexibility Act of                    this rule under that Order and have
                                             falling hot embers or other debris. This                1980, 5 U.S.C. 601–612, as amended,                    determined that it is consistent with the
                                             rule is needed to ensure the safety of life             requires Federal agencies to consider                  fundamental federalism principles and


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                                                                Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations                                         28999

                                             preemption requirements described in                    person listed in the FOR FURTHER                       DEPARTMENT OF HOMELAND
                                             E.O. 13132.                                             INFORMATION CONTACT section to                         SECURITY
                                               Also, this rule does not have tribal                  coordinate protest activities so that your
                                             implications under E.O. 13175,                          message can be received without                        Coast Guard
                                             Consultation and Coordination with                      jeopardizing the safety or security of
                                             Indian Tribal Governments, because it                   people, places, or vessels.                            33 CFR Part 165
                                             will not have a substantial direct effect
                                             on one or more Indian tribes, on the                    List of Subjects in 33 CFR Part 165
                                                                                                                                                            [Docket No. USCG–2017–0323]
                                             relationship between the Federal                          Harbors, Marine safety, Navigation
                                             Government and Indian tribes, or on the                 (water), Reporting and recordkeeping                   RIN 1625–AA00
                                             distribution of power and                               requirements, Security measures,
                                             responsibilities between the Federal                    Waterways.                                             Safety Zone: City of Benicia
                                             Government and Indian tribes. If you                                                                           Independence Day Fireworks Display,
                                                                                                       For the reasons discussed in the
                                             believe this rule has implications for                                                                         Benicia, CA
                                                                                                     preamble, the Coast Guard amends 33
                                             federalism or Indian tribes, please
                                                                                                     CFR part 165 as follows:
                                             contact the person listed in the FOR                                                                           AGENCY:  Coast Guard, DHS.
                                             FURTHER INFORMATION CONTACT section.                    PART 165—REGULATED NAVIGATION                          ACTION: Temporary final rule.
                                             E. Unfunded Mandates Reform Act                         AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                            SUMMARY:   The Coast Guard is
                                               The Unfunded Mandates Reform Act                      ■ 1. The authority citation for part 165               establishing a temporary safety zone in
                                             of 1995 (2 U.S.C. 1531–1538) requires                   continues to read as follows:                          the navigable waters of the Carquinez
                                             Federal agencies to assess the effects of                                                                      Strait near Benicia, CA, in support of
                                             their discretionary regulatory actions. In                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;              the City of Benicia Independence Day
                                             particular, the Act addresses actions                                                                          Fireworks Display on July 4, 2017. This
                                                                                                     Department of Homeland Security Delegation
                                             that may result in the expenditure by a                 No. 0170.1.                                            safety zone is established to ensure the
                                             State, local, or tribal government, in the                                                                     safety of mariners and spectators from
                                             aggregate, or by the private sector of                  ■ 2. Add temporary § 165.T08–0514 to
                                                                                                                                                            the dangers associated with the
                                             $100,000,000 (adjusted for inflation) or                read as follows:
                                                                                                                                                            pyrotechnics. Unauthorized persons or
                                             more in any one year. Though this rule                                                                         vessels are prohibited from entering
                                                                                                     § 165.T08–0514 Safety Zone; Verdigris
                                             will not result in such expenditure, we                 River, Catoosa, OK.                                    into, transiting through, or remaining in
                                             do discuss the effects of this rule                                                                            the safety zone without permission of
                                             elsewhere in this preamble.                                (a) Location. The following area is a
                                                                                                     safety zone: All navigable waters of the               the Captain of the Port or their
                                             F. Environment                                          Verdigris River from mile marker 444.0                 designated representative.
                                               We have analyzed this proposed rule                   to mile marker 444.5 in the vicinity of                DATES: This rule is effective on July 4,
                                             under Department of Homeland                            the left descending bank of the Verdigris              2017. This rule will be enforced from 8
                                             Security Management Directive 023–01                    River at mile marker 444.2,                            a.m. to 10:30 p.m. on July 4, 2017.
                                             and Commandant Instruction                              approximately 500 yards downriver of                   ADDRESSES: Documents mentioned in
                                             M16475.lD, which guide the Coast                        the State Route 66 bridge in Catoosa, OK               this preamble are part of docket USCG–
                                             Guard in complying with the National                    at approximate position 36°12.8′ N.,                   2017–0323. To view documents
                                             Environmental Policy Act of 1969 (42                    095°43.0′ W.                                           mentioned in this preamble as being
                                             U.S.C. 4321–4370f), and have made a                        (b) Effective date. The safety zone will            available in the docket, go to http://
                                             preliminary determination that this                     be in effect from 9:30 p.m. until 10 p.m.              www.regulations.gov, type the docket
                                             action is one of a category of actions that             on July 1, 2017.                                       number in the ‘‘SEARCH’’ box and click
                                             do not individually or cumulatively                        (c) Regulations. (1) In accordance with             ‘‘SEARCH.’’ Click on Open Docket
                                             have a significant effect on the human                  the general regulations in § 165.23 of                 Folder on the line associated with this
                                             environment. This rule involves a safety                this part, entry into this zone is                     rulemaking.
                                             zone that will prohibit entry into the                  prohibited unless specifically
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT: If
                                             zone unless authorized by the COTP or                   authorized by the Captain of the Port
                                                                                                                                                            you have questions on this rule, call or
                                             a designated representative lasting 30                  Memphis (COTP) or a designated
                                                                                                                                                            email Lieutenant Junior Grade Christina
                                             minutes on one half mile of the                         representative.
                                                                                                                                                            Ramirez, U.S. Coast Guard Sector San
                                             Verdigris River located just downriver                     (2) Any vessel desiring to enter this               Francisco; telephone (415) 399–2001 or
                                             of the State Route 66 Bridge in Catoosa,                safety zone must first obtain permission               email at D11-PF-MarineEvents@
                                             OK. It is categorically excluded from                   from the COPT or a designated                          uscg.mil.
                                             further review under paragraph L60 of                   representative, who may be contacted
                                             Appendix A of the Commandant                            on VHF–FM Channel 16 or by telephone                   SUPPLEMENTARY INFORMATION:
                                             Instruction. A Record of Environmental                  at 866–777–2784.                                       I. Table of Abbreviations
                                             Consideration (REC) supporting this                        (d) Informational broadcasts. The
                                             determination is available in the docket                COTP or a designated representative                    APA Adminstrative Procedure Act
                                             where indicated under ADDRESSES. We                     will inform the public through                         COTP Captain of the Port
                                             seek any comments or information that                                                                          DHS Department of Homeland Security
                                                                                                     broadcast notices to mariners of the                   FR Federal Register
                                             may lead to the discovery of a                          enforcement periods for the safety zone.
pmangrum on DSK3GDR082PROD with RULES




                                                                                                                                                            COTP Captain of the Port
                                             significant environmental impact from                                                                          NEPA National Environmental Policy Act
                                                                                                       Dated: June 13, 2017.
                                             this proposed rule.                                                                                              of 1969
                                                                                                     T.J. Wendt,
                                             G. Protest Activities                                                                                          NOAA National Oceanic and Atmospheric
                                                                                                     Captain, U.S. Coast Guard, Captain of the                Administration
                                               The Coast Guard respects the First                    Port, Memphis, Tennessee.                              PATCOM Patrol Commander
                                             Amendment rights of protesters.                         [FR Doc. 2017–13428 Filed 6–26–17; 8:45 am]            RFA Regulatory Flexibility Act of 1980
                                             Protesters are asked to contact the                     BILLING CODE 9110–04–P                                 TFR Temporary Final Rule



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Document Created: 2018-11-14 10:14:58
Document Modified: 2018-11-14 10:14:58
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 9:30 p.m. until 10 p.m. on July 1, 2017.
ContactIf you have questions about this rulemaking, call or email Petty Officer Todd Manow, Waterways Management, Sector Lower Mississippi River, U.S. Coast Guard; telephone 901-521-4813, email [email protected]
FR Citation82 FR 28997 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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