82 FR 42035 - 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		42035-42036
FR Document		2017-18863

The Coast Guard is establishing a temporary safety zone for all navigable waters on the Upper Mississippi River (UMR) between mile marker (MM) 179.2 and MM 180. 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 42035-42036]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18863]



[[Page 42035]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0821]
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) 179.2 and MM 180. 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 8:30 p.m. to 10 p.m. on September 
23, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0821 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
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 18, 2017. After full review of the details for 
the planned and locally advertised display, the Coast Guard determined 
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 23, 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 8:30 p.m. to 10 p.m. on 
September 23, 2017. The safety zone will cover all navigable waters 
between mile marker (MM) 179.2 and MM 180 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 less than one mile 
area on the UMR for a limited time period of one hour and a half. 
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.

[[Page 42036]]

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 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 one and a half hours that will 
prohibit entry from MM179.2 to MM 180 on the UMR on September 23, 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.T08-0821 to read as follows:


Sec.  165.T08-0821  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) 179.2 to 
MM 180, 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 8:30 p.m. 
through 10 p.m. on September 23, 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. 2017-18863 Filed 9-5-17; 8:45 am]
 BILLING CODE 9110-04-P

42036 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Rules and Regulations

605(b) that this rule will not have a Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION
significant economic impact on a or on the distribution of power and AREAS AND LIMITED ACCESS AREAS
substantial number of small entities. responsibilities between the Federal
While some owners or operators of Government and Indian tribes. If you ■ 1. The authority citation for part 165
vessels intending to transit the safety believe this rule has implications for continues to read as follows:
zone may be small entities, for the federalism or Indian tribes, please
reasons stated in section V.A. above, contact the person listed in the FOR Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
this rule will not have a significant FURTHER INFORMATION CONTACT section 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
economic impact on any vessel owner above. Department of Homeland Security Delegation
or operator. No. 0170.1.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
Business Regulatory Enforcement The Unfunded Mandates Reform Act ■ 2. Add § 165.T08–0821 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
§ 165.T08–0821 Safety Zone; Upper
understanding these rules. If the rule their discretionary regulatory actions. In
Mississippi River, St. Louis, MO.
would affect your small business, particular, the Act addresses actions
organization, or governmental that may result in the expenditure by a (a) Location. The following area is a
jurisdiction and you have questions 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 Upper Mississippi River between mile
compliance, please contact the person $100,000,000 (adjusted for inflation) or marker (MM) 179.2 to MM 180, St.
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule Louis, MO.
CONTACT section. will not result in such an expenditure,
(b) Definitions. As used in this
Small businesses may send comments we do discuss the effects of this rule
on the actions of Federal employees elsewhere in this preamble. section, designated representative
who enforce, or otherwise determine means a Coast Guard Patrol
F. Environment Commander, including a Coast Guard
compliance with, Federal regulations to
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 (c) Regulations. (1) Under the general
employees of the Coast Guard, call 1– determined that this action is one of a
safety zone regulations in § 165.23 of
888–REG–FAIR (1–888–734–3247). The category of actions that do not
this part, you may not enter the safety
Coast Guard will not retaliate against individually or cumulatively have a
significant effect on the human zone described in paragraph (a) of this
small entities that question or complain section unless authorized by the COTP
about this rule or any policy or action environment. This rule involves a safety
zone lasting one and a half hours that or the COTP’s designated representative.
of the Coast Guard.
will prohibit entry from MM179.2 to (2) To seek permission to enter,
C. Collection of Information MM 180 on the UMR on September 23, contact the COTP or the COTP’s
This rule will not call for a new 2017. It is categorically excluded from representative via VHF–FM channel 16,
collection of information under the further review under paragraph 34(g) of or through Coast Guard Sector Upper
Paperwork Reduction Act of 1995 (44 Figure 2–1 of the Commandant Mississippi River at 314–269–2332.
U.S.C. 3501–3520). Instruction. A Record of Environmental Those in the safety zone must comply
Consideration supporting this with all lawful orders or directions
D. Federalism and Indian Tribal
determination is available in the docket given to them by the COTP or the
Governments
where indicated under ADDRESSES. COTP’s designated representative.
A rule has implications for federalism
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 8:30 p.m. through 10
effect on the States, on the relationship Amendment rights of protesters. p.m. on September 23, 2017.
between the national government and Protesters are asked to contact the (e) Informational broadcasts. The
the States, or on the distribution of person listed in the FOR FURTHER COTP or a designated representative
power and responsibilities among the INFORMATION CONTACT section to will inform the public through
various levels of government. We have coordinate protest activities so that your broadcast notices to mariners of the
analyzed this rule under that Order and message can be received without enforcement period for the safety zone
have determined that it is consistent jeopardizing the safety or security of as well as any changes in the dates and
with the fundamental federalism people, places or vessels.
times of enforcement.
principles and preemption requirements
List of Subjects in 33 CFR Part 165 Dated: August 31, 2017.
described in Executive Order 13132.
nlaroche on DSKBBV9HB2PROD with RULES

Also, this rule does not have tribal Harbors, Marine safety, Navigation Scott A. Stoermer,
implications under Executive Order (water), Reporting and recordkeeping Captain, U.S. Coast Guard, Captain of the
13175, Consultation and Coordination requirements, Security measures, Port Sector Upper Mississippi River.
with Indian Tribal Governments, Waterways. [FR Doc. 2017–18863 Filed 9–5–17; 8:45 am]
because it does not have a substantial For the reasons discussed in the
BILLING CODE 9110–04–P
direct effect on one or more Indian preamble, the Coast Guard amends 33
tribes, on the relationship between the CFR part 165 as follows:

VerDate Sep<11>2014 15:36 Sep 05, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4700 Sfmt 9990 E:\FR\FM\06SER1.SGM 06SER1

Document Created: 2017-09-06 00:56:40
Document Modified: 2017-09-06 00:56:40

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 8:30 p.m. to 10 p.m. on September 23, 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 42035
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 42035 - 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