82 FR 42033 - Safety Zone; Upper Mississippi River, St. Louis, MO

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 171 (September 6, 2017)

Page Range		42033-42034
FR Document		2017-18861

The Coast Guard is establishing a temporary safety zone for all navigable waters on the Upper Mississippi River (UMR) between mile marker (MM) 180 and MM 180.5. This temporary safety zone is necessary to protect persons and property from potential damage and safety hazards during a fireworks display on and over the navigable waterway. During the period of enforcement, entry into the safety zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or other designated representative.

Federal Register, Volume 82 Issue 171 (Wednesday, September 6, 2017)

[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Rules and Regulations]
[Pages 42033-42034]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18861]



[[Page 42033]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0823]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters on the Upper Mississippi River (UMR) between mile 
marker (MM) 180 and MM 180.5. This temporary safety zone is necessary 
to protect persons and property from potential damage and safety 
hazards during a fireworks display on and over the navigable waterway. 
During the period of enforcement, entry into the safety zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Upper Mississippi River (COTP) or other designated 
representative.

DATES: This rule is effective from 7 p.m. through 9 p.m. on September 
30, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0823 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Sean Peterson, Chief of Prevention, Sector Upper 
Mississippi River, U.S. Coast Guard; telephone 314-269-2332, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM with respect to this rule 
because it is impracticable. The Coast Guard did not receive the 
application until August 14, 2017. After full review of the details for 
the planned and locally advertised display, the Coast Guard has 
determined that action is needed to protect people and property from 
the safety hazards associated with the fireworks display on the Upper 
Mississippi River (UMR) near St. Louis, MO. We must establish this 
safety zone by September 30, 2017 and lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of the rule is contrary to the public interest as it would delay 
the effectiveness of the temporary safety zone needed to respond to 
potential related safety hazards until after the planned fireworks 
display.

III. Legal Authority and Need for Rule

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

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 p.m. to 9 p.m. on 
September 30, 2017. The safety zone will cover all navigable waters 
between mile marker (MM) 180 and MM 180.5 on the UMR in St. Louis, MO. 
Exact times of the closures and any changes to the planned schedule 
will be communicated to mariners using Broadcast and Local Notice to 
Mariners. The safety zone is intended to ensure the safety of vessels 
and these navigable waters before, during and after the fireworks 
display. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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-year of the safety zone. This temporary 
final rule establishes a safety zone impacting a half mile area on the 
UMR for a limited time period of two hours. During the enforcement 
period, vessels are prohibited from entering into or remaining within 
the safety zone unless specifically authorized by the COTP or other 
designated representative. Based on the location, limited safety zone 
area, and short duration of the enforcement period, this rule does not 
pose a significant regulatory impact. Additionally, notice of the 
safety zone or any changes in the planned schedule will be made via 
Broadcast and Local Notice to Mariners. Entry into this safety zone may 
be requested from the COTP or other designated representative and will 
be considered on a case-by-case basis.

B. Impact on Small Entities

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

[[Page 42034]]

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 these rules. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting two hours that will prohibit entry 
from mile 180 to 180.5 on the UMR on September 30, 2017. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-0823 to read as follows:


Sec.  165.T08-0823  Safety Zone; Upper Mississippi River; St. Louis, 
MO.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Upper Mississippi River between mile marker (MM) 180 to 
MM 180.5, St. Louis, MO.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Upper Mississippi River (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, you may not enter the safety zone described 
in paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through Coast Guard Sector 
Upper Mississippi River at 314-269-2332. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Effective period. This section will be effective from 7 p.m. 
through 9 p.m. on September 30, 2017.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the dates and times of enforcement.

    Dated: August 31, 2017.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2017-18861 Filed 9-5-17; 8:45 am]
 BILLING CODE 9110-04-P

42034 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations

significant economic impact on a or on the distribution of power and PART 165—REGULATED NAVIGATION
substantial number of small entities. responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS
While some owners or operators of Government and Indian tribes. If you
vessels intending to transit the safety believe this rule has implications for ■ 1. The authority citation for part 165
zone may be small entities, for the federalism or Indian tribes, please continues to read as follows:
reasons stated in section V.A. above, contact the person listed in the FOR
this rule will not have a significant FURTHER INFORMATION CONTACT section Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
economic impact on any vessel owner above. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
or operator. Department of Homeland Security Delegation
Under section 213(a) of the Small E. Unfunded Mandates Reform Act No. 0170.1.
Business Regulatory Enforcement The Unfunded Mandates Reform Act ■ 2. Add § 165.T08–0823 to read as
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires follows:
we want to assist small entities in Federal agencies to assess the effects of
understanding these rules. If the rule their discretionary regulatory actions. In § 165.T08–0823 Safety Zone; Upper
would affect your small business, particular, the Act addresses actions Mississippi River; St. Louis, MO.
organization, or governmental that may result in the expenditure by a
jurisdiction and you have questions (a) Location. The following area is a
State, local, or tribal government, in the safety zone: All navigable waters of the
concerning its provisions or options for aggregate, or by the private sector of
compliance, please contact the person Upper Mississippi River between mile
$100,000,000 (adjusted for inflation) or
listed in the FOR FURTHER INFORMATION marker (MM) 180 to MM 180.5, St.
more in any one year. Though this rule
CONTACT section. Louis, MO.
will not result in such an expenditure,
Small businesses may send comments we do discuss the effects of this rule (b) Definitions. As used in this
on the actions of Federal employees elsewhere in this preamble. section, designated representative
who enforce, or otherwise determine means a Coast Guard Patrol
compliance with, Federal regulations to F. Environment Commander, including a Coast Guard
the Small Business and Agriculture We have analyzed this rule under coxswain, petty officer, or other officer
Regulatory Enforcement Ombudsman Department of Homeland Security operating a Coast Guard vessel and a
and the Regional Small Business Management Directive 023–01 and Federal, State, and local officer
Regulatory Fairness Boards. The Commandant Instruction M16475.lD, designated by or assisting the Captain of
Ombudsman evaluates these actions which guide the Coast Guard in the Port Sector Upper Mississippi River
annually and rates each agency’s complying with the National (COTP) in the enforcement of the safety
responsiveness to small business. If you Environmental Policy Act of 1969 (42 zone.
wish to comment on actions by U.S.C. 4321–4370f), and have
employees of the Coast Guard, call 1– determined that this action is one of a (c) Regulations. (1) Under the general
888–REG–FAIR (1–888–734–3247). The category of actions that do not safety zone regulations in § 165.23 of
Coast Guard will not retaliate against individually or cumulatively have a this part, you may not enter the safety
small entities that question or complain significant effect on the human zone described in paragraph (a) of this
about this rule or any policy or action environment. This rule involves a safety section unless authorized by the COTP
of the Coast Guard. zone lasting two hours that will prohibit or the COTP’s designated representative.
C. Collection of Information entry from mile 180 to 180.5 on the (2) To seek permission to enter,
UMR on September 30, 2017. It is contact the COTP or the COTP’s
This rule will not call for a new
categorically excluded from further representative via VHF–FM channel 16,
collection of information under the
review under paragraph 34(g) of Figure or through Coast Guard Sector Upper
Paperwork Reduction Act of 1995 (44
2–1 of the Commandant Instruction. A Mississippi River at 314–269–2332.
U.S.C. 3501–3520).
Record of Environmental Consideration Those in the safety zone must comply
D. Federalism and Indian Tribal supporting this determination is with all lawful orders or directions
Governments available in the docket where indicated given to them by the COTP or the
A rule has implications for federalism under ADDRESSES. COTP’s designated representative.
under Executive Order 13132, G. Protest Activities (d) Effective period. This section will
Federalism, if it has a substantial direct
The Coast Guard respects the First be effective from 7 p.m. through 9 p.m.
effect on the States, on the relationship
Amendment rights of protesters. on September 30, 2017.
between the national government and
the States, or on the distribution of Protesters are asked to contact the (e) Informational broadcasts. The
power and responsibilities among the person listed in the FOR FURTHER COTP or a designated representative
various levels of government. We have INFORMATION CONTACT section to will inform the public through
analyzed this rule under that Order and coordinate protest activities so that your broadcast notices to mariners of the
have determined that it is consistent message can be received without enforcement period for the safety zone
with the fundamental federalism jeopardizing the safety or security of as well as any changes in the dates and
principles and preemption requirements people, places or vessels. times of enforcement.
described in Executive Order 13132. List of Subjects in 33 CFR Part 165 Dated: August 31, 2017.
Also, this rule does not have tribal
Harbors, Marine safety, Navigation Scott A. Stoermer,
nlaroche on DSKBBV9HB2PROD with RULES

implications under Executive Order
13175, Consultation and Coordination (water), Reporting and recordkeeping Captain, U.S. Coast Guard, Captain of the
with Indian Tribal Governments, requirements, Security measures, Port Sector Upper Mississippi River.
because it does not have a substantial Waterways. [FR Doc. 2017–18861 Filed 9–5–17; 8:45 am]
direct effect on one or more Indian For the reasons discussed in the BILLING CODE 9110–04–P
tribes, on the relationship between the preamble, the Coast Guard amends 33
Federal Government and Indian tribes, CFR part 165 as follows:

VerDate Sep<11>2014 15:36 Sep 05, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 9990 E:\FR\FM\06SER1.SGM 06SER1

Document Created: 2017-09-06 00:56:24
Document Modified: 2017-09-06 00:56:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 7 p.m. through 9 p.m. on September 30, 2017.
Contact		If you have questions on this rule, call or email LCDR Sean Peterson, Chief of Prevention, Sector Upper Mississippi River, U.S. Coast Guard; telephone 314-269-2332, email [email protected]
FR Citation		82 FR 42033
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 42033 - Safety Zone; Upper Mississippi River, St. Louis, MO

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 171 (September 6, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard