82_FR_37334 82 FR 37182 - Safety Zone; Upper Mississippi River, Crystal City, MO

82 FR 37182 - Safety Zone; Upper Mississippi River, Crystal City, MO

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 152 (August 9, 2017)

Page Range37182-37184
FR Document2017-16766

The Coast Guard proposes to establish a temporary safety zone for navigable waters of the Upper Mississippi River (UMR) from mile 147.5 to 148.5. This action is necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with work being completed on new power lines across the river. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 152 (Wednesday, August 9, 2017)
[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Proposed Rules]
[Pages 37182-37184]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16766]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / 
Proposed Rules

[[Page 37182]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0585]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Crystal City, MO

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for navigable waters of the Upper Mississippi River (UMR) from mile 
147.5 to 148.5. This action is necessary to protect persons, property, 
and infrastructure from potential damage and safety hazards associated 
with work being completed on new power lines across the river. This 
proposed rulemaking would prohibit persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port Sector 
Upper Mississippi River (COTP) or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 8, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0585 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LCDR Sean Peterson, Chief of 
Prevention, U.S. Coast Guard; telephone 314-269-2332, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
UMR Upper Mississippi River
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On May 1, 2017, Ameren notified the Coast Guard that it would be 
conducting high wire work across the Upper Mississippi River (UMR) at 
river mile 148 from 7:30 a.m. to 6:30 p.m. each day beginning October 
17, 2017 through November 01, 2017. Hazards involved with high wire 
work include falling cable and a blocked navigation channel. Due to the 
risks associated with this work crossing the navigable channel, a 
closure would be needed. The Captain of the Port Upper Mississippi 
River (COTP) has determined that potential hazards associated with 
stretching power lines across the navigational channel present safety 
concerns for anyone within this limited area of the UMR. The purpose of 
this proposed rulemaking is to ensure the safety of vessels and the 
navigable waters between mile markers (MM) 147.5 and MM 148.5 during 
the high wire work over the river. The Coast Guard is issuing this rule 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 7:30 a.m. on 
October 17, 2017, through 6:30 p.m. on November 01, 2017. The safety 
zone would include all navigable waters between MM 147.5 and MM 148.5 
on the UMR and would be enforced from 7:30 a.m. to 6:30 p.m. each day 
or until conditions allow for safe navigation, whichever occurs 
earlier. The duration of the zone is intended to ensure the safety of 
the vessels on the navigable waters during the high wire work. No 
vessel or person would be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time of day of the safety zone. This proposed 
rule would have minimum impact on navigable waterway vessel traffic 
because it will only be in effect during daylight hours from 7:30 a.m. 
to 6:30 p.m., and would restrict transit in and through a section of 
the UMR of one mile. Moreover, the Coast Guard would issue a BNM 
(Broadcast Notice to Mariners) via VHF-FM radio channel 16 about the 
zone and the proposed rule would 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 
proposed rule would 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

[[Page 37183]]

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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule would not 
result in such an 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 proposed rule involves a safety 
zone on the UMR from MM 147.5 to MM 148.5. Normally such actions are 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. We encourage you to submit comments through the Federal 
eRulemaking Portal at http://www.regulations.gov. If your material 
cannot be submitted using http://www.regulations.gov, contact the 
person in the FOR FURTHER INFORMATION CONTACT section of this document 
for alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T08-0585 to read as follows:


Sec.  165.T08-0585  Safety Zone; Upper Mississippi River 147.5 to 
148.5, Crystal City, MO

    (a) Location. The following area is a safety zone: All navigable 
waters of the Upper Mississippi River mile 147.5 to 148.5, Crystal 
City, MO.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Upper Mississippi River (COTP) in the enforcement 
of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of

[[Page 37184]]

this part, you may not enter the safety zone described in paragraph (a) 
of this section unless authorized by the COTP or the COTP's designated 
representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through Coast Guard Sector 
Upper Mississippi River at 314-269-2332. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 7:30 
a.m. on October 17, 2017 through 6:30 p.m. on November 01, 2017.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone.

    Dated: August 2, 2017.
S. A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2017-16766 Filed 8-8-17; 8:45 am]
BILLING CODE 9110-04-P



     37182

     Proposed Rules                                                                                                Federal Register
                                                                                                                   Vol. 82, No. 152

                                                                                                                   Wednesday, August 9, 2017



     This section of the FEDERAL REGISTER                    I. Table of Abbreviations                             IV. Regulatory Analyses
     contains notices to the public of the proposed
                                                             CFR Code of Federal Regulations                         We developed this proposed rule after
     issuance of rules and regulations. The
     purpose of these notices is to give interested          COTP Captain of the Port Upper                        considering numerous statutes and
     persons an opportunity to participate in the              Mississippi River                                   Executive orders related to rulemaking.
     rule making prior to the adoption of the final          DHS Department of Homeland Security                   Below we summarize our analyses
     rules.                                                  FR Federal Register                                   based on a number of these statutes and
                                                             NPRM Notice of proposed rulemaking                    Executive orders and we discuss First
                                                             § Section                                             Amendment rights of protestors.
     DEPARTMENT OF HOMELAND                                  UMR Upper Mississippi River
     SECURITY                                                                                                      A. Regulatory Planning and Review
                                                             U.S.C. United States Code
                                                                                                                      Executive Orders 12866 and 13563
     Coast Guard                                             II. Background, Purpose, and Legal                    direct agencies to assess the costs and
                                                             Basis                                                 benefits of available regulatory
     33 CFR Part 165                                                                                               alternatives and, if regulation is
                                                                On May 1, 2017, Ameren notified the
                                                                                                                   necessary, to select regulatory
     [Docket Number USCG–2017–0585]                          Coast Guard that it would be conducting
                                                                                                                   approaches that maximize net benefits.
                                                             high wire work across the Upper
                                                                                                                   Executive Order 13771 directs agencies
     RIN 1625–AA00                                           Mississippi River (UMR) at river mile
                                                                                                                   to control regulatory costs through a
                                                             148 from 7:30 a.m. to 6:30 p.m. each day              budgeting process. This NPRM has not
     Safety Zone; Upper Mississippi River,                   beginning October 17, 2017 through
     Crystal City, MO                                                                                              been designated a ‘‘significant
                                                             November 01, 2017. Hazards involved                   regulatory action,’’ under Executive
     AGENCY:   Coast Guard, DHS.                             with high wire work include falling                   Order 12866. Accordingly, the NPRM
     ACTION:   Notice of proposed rulemaking.                cable and a blocked navigation channel.               has not been reviewed by the Office of
                                                             Due to the risks associated with this                 Management and Budget (OMB), and
     SUMMARY:   The Coast Guard proposes to                  work crossing the navigable channel, a                pursuant to OMB guidance it is exempt
     establish a temporary safety zone for                   closure would be needed. The Captain                  from the requirements of Executive
     navigable waters of the Upper                           of the Port Upper Mississippi River                   Order 13771.
     Mississippi River (UMR) from mile                       (COTP) has determined that potential                     This regulatory action determination
     147.5 to 148.5. This action is necessary                hazards associated with stretching                    is based on the size, location, duration,
     to protect persons, property, and                       power lines across the navigational                   and time of day of the safety zone. This
     infrastructure from potential damage                    channel present safety concerns for                   proposed rule would have minimum
     and safety hazards associated with work                 anyone within this limited area of the                impact on navigable waterway vessel
     being completed on new power lines                      UMR. The purpose of this proposed                     traffic because it will only be in effect
     across the river. This proposed                         rulemaking is to ensure the safety of                 during daylight hours from 7:30 a.m. to
     rulemaking would prohibit persons and                   vessels and the navigable waters                      6:30 p.m., and would restrict transit in
     vessels from being in the safety zone                   between mile markers (MM) 147.5 and                   and through a section of the UMR of one
     unless authorized by the Captain of the                 MM 148.5 during the high wire work                    mile. Moreover, the Coast Guard would
     Port Sector Upper Mississippi River                     over the river. The Coast Guard is                    issue a BNM (Broadcast Notice to
     (COTP) or a designated representative.                  issuing this rule under authority in 33               Mariners) via VHF–FM radio channel 16
     We invite your comments on this                         U.S.C. 1231.                                          about the zone and the proposed rule
     proposed rulemaking.                                                                                          would allow vessels to seek permission
     DATES: Comments and related material                    III. Discussion of Proposed Rule                      to enter the zone.
     must be received by the Coast Guard on                     The COTP is proposing to establish a               B. Impact on Small Entities
     or before September 8, 2017.
                                                             safety zone from 7:30 a.m. on October                    The Regulatory Flexibility Act of
     ADDRESSES: You may submit comments                      17, 2017, through 6:30 p.m. on
     identified by docket number USCG–                                                                             1980, 5 U.S.C. 601–612, as amended,
                                                             November 01, 2017. The safety zone                    requires Federal agencies to consider
     2017–0585 using the Federal                             would include all navigable waters
     eRulemaking Portal at http://                                                                                 the potential impact of regulations on
                                                             between MM 147.5 and MM 148.5 on                      small entities during rulemaking. The
     www.regulations.gov. See the ‘‘Public                   the UMR and would be enforced from
     Participation and Request for                                                                                 term ‘‘small entities’’ comprises small
                                                             7:30 a.m. to 6:30 p.m. each day or until              businesses, not-for-profit organizations
     Comments’’ portion of the                               conditions allow for safe navigation,
     SUPPLEMENTARY INFORMATION section for
                                                                                                                   that are independently owned and
                                                             whichever occurs earlier. The duration                operated and are not dominant in their
     further instructions on submitting                      of the zone is intended to ensure the
     comments.                                                                                                     fields, and governmental jurisdictions
                                                             safety of the vessels on the navigable                with populations of less than 50,000.
     FOR FURTHER INFORMATION CONTACT:     If                 waters during the high wire work. No                  The Coast Guard certifies, under 5
     you have questions about this proposed                  vessel or person would be permitted to                U.S.C. 605(b), that this proposed rule
     rulemaking, call or email LCDR Sean                     enter the safety zone without obtaining               would not have a significant economic
     Peterson, Chief of Prevention, U.S. Coast               permission from the COTP or a                         impact on a substantial number of small
     Guard; telephone 314–269–2332, email                    designated representative. The                        entities.
     Sean.M.Peterson@uscg.mil.                               regulatory text we are proposing appears                 While some owners or operators of
     SUPPLEMENTARY INFORMATION:                              at the end of this document.                          vessels intending to transit the safety


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                          Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Proposed Rules                                              37183

     zone may be small entities, for the                     E. Unfunded Mandates Reform Act                       suggestion or recommendation. We
     reasons stated in section V.A. above,                      The Unfunded Mandates Reform Act                   encourage you to submit comments
     this rule will not have a significant                   of 1995 (2 U.S.C. 1531–1538) requires                 through the Federal eRulemaking Portal
     economic impact on any vessel owner                     Federal agencies to assess the effects of             at http://www.regulations.gov. If your
     or operator.                                            their discretionary regulatory actions. In            material cannot be submitted using
        If you think that your business,                     particular, the Act addresses actions                 http://www.regulations.gov, contact the
     organization, or governmental                           that may result in the expenditure by a               person in the FOR FURTHER INFORMATION
     jurisdiction qualifies as a small entity                State, local, or tribal government, in the            CONTACT section of this document for
     and that this rule would have a                         aggregate, or by the private sector of                alternate instructions.
     significant economic impact on it,                      $100,000,000 (adjusted for inflation) or                 We accept anonymous comments. All
     please submit a comment (see                            more in any one year. Though this                     comments received will be posted
     ADDRESSES) explaining why you think it                                                                        without change to http://
                                                             proposed rule would not result in such
     qualifies and how and to what degree                    an expenditure, we do discuss the                     www.regulations.gov and will include
     this rule would economically affect it.                 effects of this rule elsewhere in this                any personal information you have
        Under section 213(a) of the Small                    preamble.                                             provided. For more about privacy and
     Business Regulatory Enforcement                                                                               the docket, visit http://
     Fairness Act of 1996 (Pub. L. 104–121),                 F. Environment                                        www.regulations.gov/privacyNotice.
     we want to assist small entities in                       We have analyzed this proposed rule                    Documents mentioned in this NPRM
     understanding this proposed rule. If the                under Department of Homeland                          as being available in the docket, and all
     rule would affect your small business,                  Security Management Directive 023–01                  public comments, will be in our online
     organization, or governmental                           and Commandant Instruction                            docket at http://www.regulations.gov
     jurisdiction and you have questions                     M16475.lD, which guide the Coast                      and can be viewed by following that
     concerning its provisions or options for                Guard in complying with the National                  Web site’s instructions. Additionally, if
     compliance, please contact the person                   Environmental Policy Act of 1969 (42                  you go to the online docket and sign up
     listed in the FOR FURTHER INFORMATION                   U.S.C. 4321–4370f), and have made a                   for email alerts, you will be notified
     CONTACT section. The Coast Guard will                   preliminary determination that this                   when comments are posted or a final
     not retaliate against small entities that               action is one of a category of actions that           rule is published.
     question or complain about this                         do not individually or cumulatively
     proposed rule or any policy or action of                                                                      List of Subjects in 33 CFR Part 165
                                                             have a significant effect on the human
     the Coast Guard.                                        environment. This proposed rule                         Harbors, Marine safety, Navigation
                                                             involves a safety zone on the UMR from                (water), Reporting and recordkeeping
     C. Collection of Information
                                                             MM 147.5 to MM 148.5. Normally such                   requirements, Security measures,
       This proposed rule would not call for                 actions are categorically excluded from               Waterways.
     a new collection of information under                   further review under paragraph 34(g) of                 For the reasons discussed in the
     the Paperwork Reduction Act of 1995                     Figure 2–1 of Commandant Instruction                  preamble, the Coast Guard proposes to
     (44 U.S.C. 3501–3520).                                  M16475.lD. A preliminary Record of                    amend 33 CFR part 165 as follows:
     D. Federalism and Indian Tribal                         Environmental Consideration (REC)
                                                             supporting this determination is                      PART 165—REGULATED NAVIGATION
     Governments
                                                             available in the docket where indicated               AREAS AND LIMITED ACCESS AREAS
        A rule has implications for federalism               under ADDRESSES. We seek any
     under Executive Order 13132,                            comments or information that may lead                 ■ 1. The authority citation for part 165
     Federalism, if it has a substantial direct              to the discovery of a significant                     continues to read as follows:
     effect on the States, on the relationship               environmental impact from this                          Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
     between the national government and                     proposed rule.                                        33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
     the States, or on the distribution of                                                                         Department of Homeland Security Delegation
     power and responsibilities among the                    G. Protest Activities                                 No. 0170.1.
     various levels of government.                             The Coast Guard respects the First                  ■ 2. Add § 165.T08–0585 to read as
        We have analyzed this proposed rule                  Amendment rights of protesters.                       follows:
     under that Order and have determined                    Protesters are asked to contact the
     that it is consistent with the                          person listed in the FOR FURTHER                      § 165.T08–0585 Safety Zone; Upper
     fundamental federalism principles and                   INFORMATION CONTACT section to                        Mississippi River 147.5 to 148.5, Crystal
     preemption requirements described in                    coordinate protest activities so that your            City, MO
     Executive Order 13132.                                  message can be received without                         (a) Location. The following area is a
        Also, this proposed rule does not have               jeopardizing the safety or security of                safety zone: All navigable waters of the
     tribal implications under Executive                     people, places, or vessels.                           Upper Mississippi River mile 147.5 to
     Order 13175, Consultation and                                                                                 148.5, Crystal City, MO.
     Coordination with Indian Tribal                         V. Public Participation and Request for                 (b) Definitions. As used in this
     Governments, because it would not have                  Comments                                              section, designated representative
     a substantial direct effect on one or                     We view public participation as                     means a Coast Guard Patrol
     more Indian tribes, on the relationship                 essential to effective rulemaking, and                Commander, including a Coast Guard
     between the Federal Government and                      will consider all comments and material               coxswain, petty officer, or other officer
     Indian tribes, or on the distribution of                received during the comment period.                   operating a Coast Guard vessel and a
     power and responsibilities between the                  Your comment can help shape the                       Federal, State, and local officer
     Federal Government and Indian tribes.                   outcome of this rulemaking. If you                    designated by or assisting the Captain of
     If you believe this proposed rule has                   submit a comment, please include the                  the Port Upper Mississippi River
     implications for federalism or Indian                   docket number for this rulemaking,                    (COTP) in the enforcement of the safety
     tribes, please contact the person listed                indicate the specific section of this                 zone.
     in the FOR FURTHER INFORMATION                          document to which each comment                          (c) Regulations. (1) Under the general
     CONTACT section.                                        applies, and provide a reason for each                safety zone regulations in subpart C of


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     37184                Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Proposed Rules

     this part, you may not enter the safety                 volatility regulation is consistent with              I. General Information
     zone described in paragraph (a) of this                 the applicable provisions of the Clean
                                                                                                                   A. Does this action apply to me?
     section unless authorized by the COTP                   Air Act (CAA). LDEQ has also requested
     or the COTP’s designated representative.                that EPA relax summertime gasoline                      Entities potentially affected by this
       (2) To seek permission to enter,                      volatility requirements for the 5-parish              proposed rule are fuel producers and
     contact the COTP or the COTP’s                          Baton Rouge area, and EPA will address                distributors who do business in
     representative via VHF–FM channel 16,                   that request in a separate rulemaking at              Louisiana.
     or through Coast Guard Sector Upper                     a later date.
     Mississippi River at 314–269–2332.                                                                                Examples of potentially                  NAICS 1
                                                             DATES: Written comments must be                             regulated entities                      Codes
     Those in the safety zone must comply                    received on or before September 8, 2017
     with all lawful orders or directions                    unless a public hearing is requested by               Petroleum refineries .............                324110
     given to them by the COTP or the                        August 24, 2017. If EPA receives such                 Gasoline Marketers and Dis-
     COTP’s designated representative.                       a request, we will publish information                  tributors .............................         424710
       (d) Enforcement period. This section                  related to the timing and location of the                                                               424720
     will be enforced from 7:30 a.m. on                      hearing and announce a new deadline                   Gasoline Retail Stations .......                  447110
     October 17, 2017 through 6:30 p.m. on                                                                         Gasoline Transporters ..........                  484220
                                                             for public comment.
     November 01, 2017.                                                                                                                                              484230
                                                             ADDRESSES: Submit your comments,
       (e) Informational broadcasts. The                                                                             1 North      American         Industry    Classification
                                                             identified by Docket ID No. EPA–HQ–
     COTP or a designated representative                                                                           System.
                                                             OAR–2016–0683, to the Federal
     will inform the public through                                                                                   The above table is not intended to be
                                                             eRulemaking Portal: https://
     broadcast notices to mariners of the                                                                          exhaustive, but rather provides a guide
                                                             www.regulations.gov. Follow the online
     enforcement period for the safety zone.                                                                       for readers regarding entities likely to be
                                                             instructions for submitting comments.
       Dated: August 2, 2017.                                Once submitted, comments cannot be                    affected by this action. The table lists
     S. A. Stoermer,                                         edited or withdrawn. EPA may publish                  the types of entities of which EPA is
     Captain, U.S. Coast Guard, Captain of the               any comment received by its public                    aware that could be affected by this
     Port Upper Mississippi River.                           docket. Do not submit electronically any              proposed rule. Other types of entities
     [FR Doc. 2017–16766 Filed 8–8–17; 8:45 am]              information you consider to be                        not listed on the table could also be
     BILLING CODE 9110–04–P                                  Confidential Business Information (CBI)               affected. To determine whether your
                                                             or other information disclosure of which              organization may be affected by this
                                                             is restricted by statute. If you need to              proposed rule, you should carefully
     ENVIRONMENTAL PROTECTION                                include CBI as part of your comment,                  examine the regulations in 40 CFR
     AGENCY                                                  please consult the instructions available             80.27. If you have questions regarding
                                                             at http://www.epa.gov/dockets/                        the applicability of this action to a
     40 CFR Part 80                                          comments.html. Multimedia                             particular entity, call the person listed
                                                             submissions (audio, video, etc.) must be              in the FOR FURTHER INFORMATION
     [EPA–HQ–OAR–2016–0683; FRL 9965–88–
                                                             accompanied by a written comment.                     CONTACT section of this preamble.
     OAR]
                                                             The written comment is considered the                 B. What is the Agency’s authority for
     RIN 2060–AT61                                           official comment and should include                   taking this action?
                                                             discussion of all points you wish to
     Relaxation of the Federal Reid Vapor                    make.                                                    The statutory authority for this action
     Pressure (RVP) Gasoline Volatility                         For additional submission methods,                 is granted to EPA by sections 211(h) and
     Standard for Several Parishes in                        the full EPA public comment policy,                   301(a) of the Clean Air Act, as amended;
     Louisiana                                               and general guidance on making                        42 U.S.C. 7545(h) and 7601(a).
     AGENCY: Environmental Protection                        effective comments, please see the                    II. Public Participation
     Agency (EPA).                                           information available at http://
                                                             www.epa.gov/dockets/comments.html.                       EPA will not hold a public hearing on
     ACTION: Notice of proposed rulemaking.                                                                        this matter unless a request is received
                                                             FOR FURTHER INFORMATION CONTACT:
     SUMMARY:   The Environmental Protection                                                                       by the person identified in the FOR
                                                             Dave Sosnowski, Office of
     Agency (EPA) is proposing to approve                                                                          FURTHER INFORMATION CONTACT section of
                                                             Transportation and Air Quality,
     an April 10, 2017 request from the                                                                            this preamble by August 24, 2017. If
                                                             Environmental Protection Agency, 2000
     Louisiana Department of Environmental                                                                         EPA receives such a request, we will
                                                             Traverwood Drive, Ann Arbor,
     Quality (LDEQ) to relax the Federal Reid                                                                      publish information related to the
                                                             Michigan 48105; telephone number:
     Vapor Pressure (RVP) volatility standard                                                                      timing and location of the hearing and
                                                             (734) 214–4823; fax number: (734) 214–
     applicable to gasoline introduced into                                                                        announce a new deadline for public
                                                             4052; email address: sosnowski.dave@
     commerce from June 1 to September 15                                                                          comment.
                                                             epa.gov. You may also contact Rudolph
     of each year for the following parishes:                Kapichak at the same address; telephone               III. Background and Proposal
     Beauregard, Calcasieu, Jefferson,                       number: (734) 214–4574; fax number:
     Lafayette, Lafourche, Orleans, Pointe                                                                         A. Summary of the Proposal
                                                             (734) 214–4052; email address:
     Coupee, St. Bernard, St. Charles, St.                   kapichak.rudolph@epa.gov.                                EPA is proposing to approve a request
     James, and St. Mary. For this action,                   SUPPLEMENTARY INFORMATION:                            from the State of Louisiana to change
     EPA is proposing to amend the                              The contents of this preamble are                  the summertime gasoline RVP volatility
     regulations to allow the RVP volatility                 listed in the following outline:                      standard for the parishes of Beauregard,
     standard for the 11 named parishes to                                                                         Calcasieu, Jefferson, Lafayette,
                                                             I. General Information
     increase from 7.8 pounds-per-square-                    II. Public Participation
                                                                                                                   Lafourche, Orleans, Pointe Coupee, St.
     inch (psi) to 9.0 psi for gasoline sold                 III. Background and Proposal                          Bernard, St. Charles, St. James, and St.
     within those parishes. EPA has                          IV. Proposal                                          Mary from 7.8 psi to 9.0 psi by
     preliminarily determined that this                      V. Statutory and Executive Order Reviews              amending EPA’s regulations at 40 CFR
     change to the Federal gasoline RVP                      VI. Legal Authority                                   80.27(a)(2). EPA is deferring action on


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Document Created: 2017-08-09 02:18:04
Document Modified: 2017-08-09 02:18:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before September 8, 2017.
ContactIf you have questions about this proposed rulemaking, call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone 314-269-2332, email [email protected]
FR Citation82 FR 37182 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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