82_FR_46323 82 FR 46132 - Safety Zone; Upper Mississippi River, Crystal City, MO

82 FR 46132 - Safety Zone; Upper Mississippi River, Crystal City, MO

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 191 (October 4, 2017)

Page Range46132-46134
FR Document2017-21256

The Coast Guard is establishing a safety zone for all navigable waters on the Upper Mississippi River between mile marker (MM) 147.5 and MM 148.5. This action is necessary to provide for the safety of life, vessels and property on these navigable waters near Crystal City, MO while construction work is completed on new power lines extending across the river. Entry of vessels or persons into this safety zone is prohibited unless authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative.

Federal Register, Volume 82 Issue 191 (Wednesday, October 4, 2017)
[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Rules and Regulations]
[Pages 46132-46134]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21256]


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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: Final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone for all 
navigable waters on the Upper Mississippi River between mile marker 
(MM) 147.5 and MM 148.5. This action is necessary to provide for the 
safety of life, vessels and property on these navigable waters near 
Crystal City, MO while construction work is completed on new power 
lines extending across the river. Entry of vessels or persons into this 
safety zone is prohibited unless authorized by the Captain of the Port 
Sector Upper Mississippi River (COTP) or a designated representative.

DATES: This rule is effective from 7:30 a.m. on October, 17, 2017 
through 6:30 p.m. on November 1, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0585 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

[[Page 46133]]

II. Background Information and Regulatory History

    The Coast Guard preceded this final rule with a Notice of Proposed 
Rulemaking (NPRM). The NPRM was published in the Federal Register on 
August 9, 2017, (82 FR 37182). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to work 
on power lines extending over the Upper Mississippi River in Crystal 
City, MO. The NPRM listed dates and times of enforcement of the safety 
zone. During the comment period that ended September 8, 2017, we 
received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying this rule would be 
contrary to public interest in ensuring the safety of spectators and 
vessels during the power line work because immediate action is 
necessary to prevent possible loss of life and property.

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 power line work over 
the Upper Mississippi River will cause safety concerns. The purpose of 
this rule is to ensure safety of life, vessels and the navigable waters 
in the safety zones, before, during, and after the scheduled work.

IV. Discussion of the Comments, Changes, and the Rule

    As noted above, during the comment period for our NPRM that 
published August 9, 2017, no comments were received. There are no 
changes in the regulatory text of this rule from the proposed rule in 
the NPRM.
    This rule establishes a safety zone from 7:30 a.m. on October 17, 
2017 through 6:30 p.m. on November 1, 2017. The safety zone will be 
enforced from 7:30 a.m. through 6:30 p.m. each day. The safety zone 
will cover all navigable waters between mile marker (MM) 147.5 and MM 
148.5 on the Upper Mississippi River in Crystal City, MO. The duration 
of the zone is intended to ensure the safety of vessels and 
participants on the navigable waters before, during, and after the 
power line construction work. Entry of vessels or persons into this 
safety zone is prohibited 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 final 
rule establishes a safety zone will only be enforced for a period of 
eleven hours on each of sixteen days on one mile of navigable waters. 
Entry into the safety zone established through this rulemaking may be 
requested from the COTP or a designated representative and will be 
considered on a case-by-case. 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. Additionally, notice of the safety zone or any changes 
in the planned schedule will be made via Broadcast and Local Notice to 
Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

[[Page 46134]]

federalism or Indian tribes, please contact the person listed in the 
FOR FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting for eleven hours on each of sixteen 
days during daylight hours and restricts transit on a section of the 
Upper Mississippi River extending one mile. 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.T08-0585 to read as follows:


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

    (a) Location. The following area is a safety zone: All navigable 
waters of the Upper Mississippi River between mile marker (MM) 147.5 
and MM 148.5, Crystal City, MO.
    (b) Definitions. As used in this section, a 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, you may not enter the safety zone described in paragraph 
(a) of this section unless authorized by the COTP or a designated 
representative.
    (2) To seek permission to enter, contact the COTP or a designated 
representative via VHF-FM channel 16, or Coast Guard Sector Upper 
Mississippi River by telephone at 314-269-2332. Those persons 
authorized to be in the safety zone must comply with all lawful orders 
or directions given to them by the COTP or a designated representative.
    (d) Effective period. This section will be effective from 7:30 a.m. 
through 6:30 p.m. on October 17, 2017 through November 1, 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: September 27, 2017.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2017-21256 Filed 10-3-17; 8:45 am]
 BILLING CODE 9110-04-P



                                              46132            Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations

                                              Section J36.109 Measurement of Helicopter               § 91.853 Final compliance: Civil subsonic               Issued under authority of 49 U.S.C. 106(f),
                                              Noise Received on the Ground                            airplanes.                                            44701(a), and 44715 in Washington, DC, on
                                              *      *     *       *      *                                                                                 September 11, 2017.
                                                                                                        Except as provided in § 91.873, after
                                                 (d) * * *                                                                                                  Michael P. Huerta,
                                                                                                      December 31, 1999, no person shall
                                                 (1) * * *                                                                                                  Administrator.
                                                                                                      operate to or from any airport in the
                                                 (i) The SEL values from each flyover test                                                                  [FR Doc. 2017–21092 Filed 10–3–17; 8:45 am]
                                              may be directly determined from an                      contiguous United States any airplane
                                              integrating sound level meter complying with            subject to § 91.801(c), unless that                   BILLING CODE 4910–13–P

                                              the standards of IEC 804 (Incorporated by               airplane has been shown to comply with
                                              reference, see § 36.6) for a Type 1 instrument          Stage 3, Stage 4, or Stage 5 noise levels.
                                              set at ‘‘slow’’ response.                                                                                     DEPARTMENT OF HOMELAND
                                                 (ii) The acoustic signal from the helicopter,
                                                                                                      ■ 18. Amend § 91.855 by revising
                                                                                                      paragraph (a) to read as follows:                     SECURITY
                                              along with the calibration signals specified
                                              under paragraph (e) of this section and the             § 91.855    Entry and nonaddition rule.               Coast Guard
                                              background noise signal required under
                                              paragraph (f) of this section, may be recorded          *      *    *     *     *
                                              on a magnetic tape recorder for subsequent                 (a) The airplane complies with Stage               33 CFR Part 165
                                              analysis for an integrating sound level meter           3, Stage 4, or Stage 5 noise levels.
                                              identified in paragraph (d)(1)(i) of this                                                                     [Docket Number USCG–2017–0585]
                                              section. The record/playback system                     *      *    *     *     *
                                              (including the audio tape) of the tape                                                                        RIN 1625–AA00
                                                                                                      ■ 19. Amend § 91.858 by revising
                                              recorder must conform to the requirements               paragraph (a)(2) to read as follows:
                                              prescribed in section A36.3.6 of appendix A                                                                   Safety Zone; Upper Mississippi River,
                                              to this part. The tape recorder shall comply            § 91.858 Special flight authorizations for            Crystal City, MO
                                              with the specifications of IEC 561                      non-revenue Stage 2 operations.
                                              (Incorporated by reference, see § 36.6).
                                                                                                                                                            AGENCY:    Coast Guard, DHS.
                                                 (iii) The characteristics of the complete               (a) * * *                                          ACTION:   Final rule.
                                              system shall comply with the                               (2) Obtain modifications to meet Stage
                                              recommendations given in IEC 651                        3, Stage 4, or Stage 5 noise levels.                  SUMMARY:    The Coast Guard is
                                              (Incorporated by reference, see § 36.6) with                                                                  establishing a safety zone for all
                                              regard to the specifications concerning
                                                                                                      *      *    *     *     *                             navigable waters on the Upper
                                              microphone, amplifier, and indicating                   ■   20. Revise § 91.859 to read as follows:           Mississippi River between mile marker
                                              instrument characteristics.                                                                                   (MM) 147.5 and MM 148.5. This action
                                                 (iv) The response of the complete system             § 91.859 Modification to meet Stage 3,                is necessary to provide for the safety of
                                              to a sensibly plane progressive wave of                 Stage 4, or Stage 5 noise levels.
                                                                                                                                                            life, vessels and property on these
                                              constant amplitude shall lie within the
                                              tolerance limits specified in Table IV and
                                                                                                         For an airplane subject to § 91.801(c)             navigable waters near Crystal City, MO
                                              Table V for Type 1 instruments in IEC 651               of this subpart and otherwise prohibited              while construction work is completed
                                              for weighting curve ‘‘A’’ over the frequency            from operation to or from an airport in               on new power lines extending across
                                              range of 45 Hz to 11500 Hz.                             the contiguous United States by                       the river. Entry of vessels or persons
                                                 (2) [Reserved]                                       § 91.855, any person may apply for a                  into this safety zone is prohibited unless
                                                                                                      special flight authorization for that                 authorized by the Captain of the Port
                                              PART 91—GENERAL OPERATING AND                           airplane to operate in the contiguous                 Sector Upper Mississippi River (COTP)
                                              FLIGHT RULES                                            United States for the purpose of                      or a designated representative.
                                                                                                      obtaining modifications to meet Stage 3,              DATES: This rule is effective from 7:30
                                              ■ 15. The authority citation for part 91                Stage 4, or Stage 5 noise levels.                     a.m. on October, 17, 2017 through 6:30
                                              continues to read as follows:
                                                                                                      ■   21. Revise § 91.881 to read as follows:           p.m. on November 1, 2017.
                                                Authority: 49 U.S.C. 106(f), 106(g), 1155,                                                                  ADDRESSES: To view documents
                                              40103, 40113, 40120, 44101, 44111, 44701,               § 91.881 Final compliance: Civil subsonic
                                              44704, 44709, 44711, 44712, 44715, 44716,
                                                                                                                                                            mentioned in this preamble as being
                                                                                                      jet airplanes weighing 75,000 pounds or
                                              44717, 44722, 46306, 46315, 46316, 46504,               less.
                                                                                                                                                            available in the docket, go to http://
                                              46506–46507, 47122, 47508, 47528–47531,                                                                       www.regulations.gov, type USCG–2017–
                                              47534, articles 12 and 29 of the Convention               Except as provided in § 91.883, after               0585 in the ‘‘SEARCH’’ box and click
                                              on International Civil Aviation (61 Stat.               December 31, 2015, a person may not                   ‘‘SEARCH.’’ Click on Open Docket
                                              1180), (126 Stat. 11).                                  operate to or from an airport in the                  Folder on the line associated with this
                                              ■ 16. Amend § 91.851 by adding in                       contiguous United States a civil                      rule.
                                              alphabetical order definitions for the                  subsonic jet airplane subject to                      FOR FURTHER INFORMATION CONTACT: If
                                              terms ‘‘Stage 5 airplane’’ and ‘‘Stage 5                § 91.801(e) of this subpart that weighs               you have questions on this rule, call or
                                              noise level’’ to read as follows:                       less than 75,000 pounds unless that                   email LCDR Sean Peterson, Chief of
                                                                                                      airplane has been shown to comply with                Prevention, U.S. Coast Guard; telephone
                                              § 91.851   Definitions.                                 Stage 3, Stage 4, or Stage 5 noise levels.            314–269–2332, email Sean.M.Peterson@
                                              *     *     *     *    *                                ■ 22. Amend § 91.883 by revising                      uscg.mil.
                                                 Stage 5 airplane means an airplane                   paragraph (a)(3) to read as follows:                  SUPPLEMENTARY INFORMATION:
                                              that has been shown not to exceed the
                                              Stage 5 noise limit prescribed in part 36               § 91.883 Special flight authorizations for            I. Table of Abbreviations
                                              of this chapter. A Stage 5 airplane                     jet airplanes weighing 75,000 pounds or
sradovich on DSK3GMQ082PROD with RULES




                                                                                                                                                            CFR Code of Federal Regulations
                                                                                                      less.
                                              complies with all of the noise operating                                                                      COTP Captain of the Port Sector Upper
                                              rules of this part.                                       (a) * * *                                             Mississippi River
                                                 Stage 5 noise level means a noise level                                                                    DHS Department of Homeland Security
                                                                                                        (3) To obtain modifications to the
                                              at or below the Stage 5 noise limit                                                                           FR Federal Register
                                                                                                      airplane to meet Stage 3, Stage 4, or                 NPRM Notice of proposed rulemaking
                                              prescribed in part 36 of this chapter.                  Stage 5 noise levels.                                 § Section
                                              ■ 17. Revise § 91.853 to read as follows:               *     *    *     *    *                               U.S.C. United States Code



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                                                               Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations                                       46133

                                              II. Background Information and                          V. Regulatory Analyses                                zone may be small entities, for the
                                              Regulatory History                                        We developed this rule after                        reasons stated in section V.A. above,
                                                The Coast Guard preceded this final                   considering numerous statutes and                     this rule will not have a significant
                                              rule with a Notice of Proposed                          Executive Orders related to rulemaking.               economic impact on any vessel owner
                                              Rulemaking (NPRM). The NPRM was                         Below we summarize our analyses                       or operator.
                                                                                                      based on a number of these statutes and                  Under section 213(a) of the Small
                                              published in the Federal Register on
                                                                                                      Executive orders, and we discuss First                Business Regulatory Enforcement
                                              August 9, 2017, (82 FR 37182). There we
                                                                                                      Amendment rights of protestors.                       Fairness Act of 1996 (Pub. L. 104–121),
                                              stated why we issued the NPRM, and                                                                            we want to assist small entities in
                                              invited comments on our proposed                        A. Regulatory Planning and Review                     understanding this rule. If the rule
                                              regulatory action related to work on                                                                          would affect your small business,
                                              power lines extending over the Upper                       Executive Orders 12866 and 13563
                                                                                                      direct agencies to assess the costs and               organization, or governmental
                                              Mississippi River in Crystal City, MO.                                                                        jurisdiction and you have questions
                                              The NPRM listed dates and times of                      benefits of available regulatory
                                                                                                      alternatives and, if regulation is                    concerning its provisions or options for
                                              enforcement of the safety zone. During                                                                        compliance, please contact the person
                                              the comment period that ended                           necessary, to select regulatory
                                                                                                      approaches that maximize net benefits.                listed in the FOR FURTHER INFORMATION
                                              September 8, 2017, we received no                                                                             CONTACT section.
                                              comments.                                               Executive Order 13771 directs agencies
                                                                                                      to control regulatory costs through a                    Small businesses may send comments
                                                Under 5 U.S.C. 553(d)(3), the Coast                                                                         on the actions of Federal employees
                                              Guard finds that good cause exists for                  budgeting process. This rule has not
                                                                                                      been designated a ‘‘significant                       who enforce, or otherwise determine
                                              making this rule effective less than 30                                                                       compliance with, Federal regulations to
                                              days after publication in the Federal                   regulatory action,’’ under Executive
                                                                                                      Order 12866. Accordingly, this rule has               the Small Business and Agriculture
                                              Register. Delaying this rule would be                                                                         Regulatory Enforcement Ombudsman
                                                                                                      not been reviewed by the Office of
                                              contrary to public interest in ensuring                                                                       and the Regional Small Business
                                                                                                      Management and Budget (OMB), and
                                              the safety of spectators and vessels                                                                          Regulatory Fairness Boards. The
                                                                                                      pursuant to OMB guidance it is exempt
                                              during the power line work because                                                                            Ombudsman evaluates these actions
                                                                                                      from the requirements of Executive
                                              immediate action is necessary to                                                                              annually and rates each agency’s
                                                                                                      Order 13771.
                                              prevent possible loss of life and                          This regulatory action determination               responsiveness to small business. If you
                                              property.                                               is based on the size, location, duration,             wish to comment on actions by
                                              III. Legal Authority and Need for Rule                  and time-of-year of the safety zone. This             employees of the Coast Guard, call 1–
                                                                                                      final rule establishes a safety zone will             888–REG–FAIR (1–888–734–3247). The
                                                 The Coast Guard is issuing this rule                                                                       Coast Guard will not retaliate against
                                                                                                      only be enforced for a period of eleven
                                              under authority in 33 U.S.C. 1231. The                                                                        small entities that question or complain
                                                                                                      hours on each of sixteen days on one
                                              Captain of the Port Sector Upper                                                                              about this rule or any policy or action
                                                                                                      mile of navigable waters. Entry into the
                                              Mississippi River (COTP) has                            safety zone established through this                  of the Coast Guard.
                                              determined that potential hazards                       rulemaking may be requested from the
                                              associated with power line work over                                                                          C. Collection of Information
                                                                                                      COTP or a designated representative
                                              the Upper Mississippi River will cause                  and will be considered on a case-by-                    This rule will not call for a new
                                              safety concerns. The purpose of this rule               case. During the enforcement period,                  collection of information under the
                                              is to ensure safety of life, vessels and the            vessels are prohibited from entering into             Paperwork Reduction Act of 1995 (44
                                              navigable waters in the safety zones,                   or remaining within the safety zone                   U.S.C. 3501–3520).
                                              before, during, and after the scheduled                 unless specifically authorized by the
                                              work.                                                                                                         D. Federalism and Indian Tribal
                                                                                                      COTP or other designated                              Governments
                                              IV. Discussion of the Comments,                         representative. Additionally, notice of
                                                                                                      the safety zone or any changes in the                    A rule has implications for federalism
                                              Changes, and the Rule
                                                                                                      planned schedule will be made via                     under Executive Order 13132,
                                                 As noted above, during the comment                   Broadcast and Local Notice to Mariners.               Federalism, if it has a substantial direct
                                              period for our NPRM that published                                                                            effect on the States, on the relationship
                                              August 9, 2017, no comments were                        B. Impact on Small Entities                           between the national government and
                                              received. There are no changes in the                      The Regulatory Flexibility Act of                  the States, or on the distribution of
                                              regulatory text of this rule from the                   1980, 5 U.S.C. 601–612, as amended,                   power and responsibilities among the
                                              proposed rule in the NPRM.                              requires Federal agencies to consider                 various levels of government. We have
                                                 This rule establishes a safety zone                  the potential impact of regulations on                analyzed this rule under that Order and
                                              from 7:30 a.m. on October 17, 2017                      small entities during rulemaking. The                 have determined that it is consistent
                                              through 6:30 p.m. on November 1, 2017.                  term ‘‘small entities’’ comprises small               with the fundamental federalism
                                              The safety zone will be enforced from                   businesses, not-for-profit organizations              principles and preemption requirements
                                              7:30 a.m. through 6:30 p.m. each day.                   that are independently owned and                      described in Executive Order 13132.
                                              The safety zone will cover all navigable                operated and are not dominant in their                   Also, this rule does not have tribal
                                              waters between mile marker (MM) 147.5                   fields, and governmental jurisdictions                implications under Executive Order
                                              and MM 148.5 on the Upper Mississippi                   with populations of less than 50,000.                 13175, Consultation and Coordination
                                              River in Crystal City, MO. The duration                 The Coast Guard received no comments                  with Indian Tribal Governments,
                                              of the zone is intended to ensure the                   from the Small Business Administration                because it does not have a substantial
sradovich on DSK3GMQ082PROD with RULES




                                              safety of vessels and participants on the               on this rulemaking. The Coast Guard                   direct effect on one or more Indian
                                              navigable waters before, during, and                    certifies under 5 U.S.C. 605(b) that this             tribes, on the relationship between the
                                              after the power line construction work.                 rule will not have a significant                      Federal Government and Indian tribes,
                                              Entry of vessels or persons into this                   economic impact on a substantial                      or on the distribution of power and
                                              safety zone is prohibited without                       number of small entities.                             responsibilities between the Federal
                                              obtaining permission from the COTP or                      While some owners or operators of                  Government and Indian tribes. If you
                                              a designated representative.                            vessels intending to transit the safety               believe this rule has implications for


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                                              46134            Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations

                                              federalism or Indian tribes, please                     PART 165—REGULATED NAVIGATION                         ENVIRONMENTAL PROTECTION
                                              contact the person listed in the FOR                    AREAS AND LIMITED ACCESS AREAS                        AGENCY
                                              FURTHER INFORMATION CONTACT section.
                                                                                                      ■ 1. The authority citation for part 165              40 CFR Part 52
                                              E. Unfunded Mandates Reform Act
                                                                                                      continues to read as follows:                         [EPA–R04–OAR–2017–0321; FRL–9968–72–
                                                The Unfunded Mandates Reform Act                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Region 4]
                                              of 1995 (2 U.S.C. 1531–1538) requires                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              Federal agencies to assess the effects of               Department of Homeland Security Delegation            Air Plan Approval; North Carolina;
                                              their discretionary regulatory actions. In              No. 0170.1.                                           Interstate Transport
                                              particular, the Act addresses actions                                                                         AGENCY:  Environmental Protection
                                              that may result in the expenditure by a                 ■ 2. Add § 165.T08–0585 to read as                    Agency.
                                              State, local, or tribal government, in the              follows:
                                                                                                                                                            ACTION: Final rule.
                                              aggregate, or by the private sector of
                                                                                                      § 165.T08–0585 Safety Zone; Upper
                                              $100,000,000 (adjusted for inflation) or                                                                      SUMMARY:    The Environmental Protection
                                                                                                      Mississippi River, Crystal City, MO.
                                              more in any one year. Though this rule                                                                        Agency (EPA) is approving North
                                              will not result in such an expenditure,                   (a) Location. The following area is a               Carolina’s December 9, 2015, State
                                              we do discuss the effects of this rule                  safety zone: All navigable waters of the              Implementation Plan (SIP) submission
                                              elsewhere in this preamble.                             Upper Mississippi River between mile                  pertaining to the Clean Air Act’s (CAA
                                                                                                      marker (MM) 147.5 and MM 148.5,                       or Act) ‘‘good neighbor’’ provision for
                                              F. Environment                                          Crystal City, MO.                                     the 2008 8-hour ozone National
                                                We have analyzed this rule under                        (b) Definitions. As used in this                    Ambient Air Quality Standards
                                              Department of Homeland Security                         section, a designated representative                  (NAAQS). The good neighbor provision
                                              Management Directive 023–01 and                         means a Coast Guard Patrol                            requires each state’s SIP to address the
                                                                                                      Commander, including a Coast Guard                    interstate transport of air pollution in
                                              Commandant Instruction M16475.lD,
                                                                                                      coxswain, petty officer, or other officer             amounts that contribute significantly to
                                              which guide the Coast Guard in
                                                                                                                                                            nonattainment, or interfere with
                                              complying with the National                             operating a Coast Guard vessel and a
                                                                                                                                                            maintenance, of a NAAQS in any other
                                              Environmental Policy Act of 1969 (42                    Federal, State, and local officer
                                                                                                                                                            state. EPA concludes that North
                                              U.S.C. 4321–4370f), and have                            designated by or assisting the Captain of
                                                                                                                                                            Carolina’s SIP contains adequate
                                              determined that this action is one of a                 the Port Sector Upper Mississippi River               provisions to prohibit emissions within
                                              category of actions that do not                         (COTP) in the enforcement of the safety               the state from contributing significantly
                                              individually or cumulatively have a                     zone.                                                 to nonattainment or interfering with
                                              significant effect on the human                           (c) Regulations. (1) Under the general              maintenance of the 2008 8-hour ozone
                                              environment. This rule involves a safety                safety zone regulations in § 165.23, you              NAAQS in any other state.
                                              zone lasting for eleven hours on each of                may not enter the safety zone described               DATES: This rule will be effective
                                              sixteen days during daylight hours and                  in paragraph (a) of this section unless               November 3, 2017.
                                              restricts transit on a section of the                   authorized by the COTP or a designated                ADDRESSES: EPA has established a
                                              Upper Mississippi River extending one                   representative.                                       docket for this action under Docket
                                              mile. It is categorically excluded from                    (2) To seek permission to enter,                   Identification No. EPA–R04–OAR–
                                              further review under paragraph 34(g) of                 contact the COTP or a designated                      2017–0321. All documents in the docket
                                              Figure 2–1 of the Commandant                            representative via VHF–FM channel 16,                 are listed on the www.regulations.gov
                                              Instruction. A Record of Environmental                  or Coast Guard Sector Upper                           Web site. Although listed in the index,
                                              Consideration supporting this                           Mississippi River by telephone at 314–                some information may not be publicly
                                              determination is available in the docket                269–2332. Those persons authorized to                 available, i.e., Confidential Business
                                              where indicated under ADDRESSES.                        be in the safety zone must comply with                Information or other information whose
                                                                                                      all lawful orders or directions given to              disclosure is restricted by statute.
                                              G. Protest Activities
                                                                                                      them by the COTP or a designated                      Certain other material, such as
                                                The Coast Guard respects the First                    representative.                                       copyrighted material, is not placed on
                                              Amendment rights of protesters.                                                                               the Internet and will be publicly
                                                                                                         (d) Effective period. This section will            available only in hard copy form.
                                              Protesters are asked to contact the                     be effective from 7:30 a.m. through 6:30
                                              person listed in the FOR FURTHER                                                                              Publicly available docket materials are
                                                                                                      p.m. on October 17, 2017 through                      available either electronically through
                                              INFORMATION CONTACT section to                          November 1, 2017.
                                              coordinate protest activities so that your                                                                    www.regulations.gov or in hard copy at
                                                                                                         (e) Informational broadcasts. The                  the Air Regulatory Management Section,
                                              message can be received without
                                                                                                      COTP or a designated representative                   Air Planning and Implementation
                                              jeopardizing the safety or security of
                                                                                                      will inform the public through                        Branch, Air, Pesticides and Toxics
                                              people, places or vessels.
                                                                                                      broadcast notices to mariners of the                  Management Division, U.S.
                                              List of Subjects in 33 CFR Part 165                     enforcement period for the safety zone                Environmental Protection Agency,
                                                                                                      as well as any changes in the dates and               Region 4, 61 Forsyth Street SW.,
                                                Harbors, Marine safety, Navigation                    times of enforcement.                                 Atlanta, Georgia 30303–8960. EPA
sradovich on DSK3GMQ082PROD with RULES




                                              (water), Reporting and recordkeeping                                                                          requests that if at all possible, you
                                                                                                        Dated: September 27, 2017.
                                              requirements, Security measures,                                                                              contact the person listed in the FOR
                                              Waterways.                                              Scott A. Stoermer,                                    FURTHER INFORMATION CONTACT section to
                                                                                                      Captain, U.S. Coast Guard, Captain of the             schedule your inspection. The Regional
                                                For the reasons discussed in the                      Port Upper Mississippi River.                         Office’s official hours of business are
                                              preamble, the Coast Guard amends 33                     [FR Doc. 2017–21256 Filed 10–3–17; 8:45 am]           Monday through Friday 8:30 a.m. to
                                              CFR part 165 as follows:
                                                                                                      BILLING CODE 9110–04–P                                4:30 p.m., excluding federal holidays.


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Document Created: 2018-10-25 09:53:13
Document Modified: 2018-10-25 09:53:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective from 7:30 a.m. on October, 17, 2017 through 6:30 p.m. on November 1, 2017.
ContactIf you have questions on this rule, call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone 314-269-2332, email [email protected]
FR Citation82 FR 46132 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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