83_FR_22294 83 FR 22201 - Safety Zone; Upper Mississippi River, St. Louis, MO

83 FR 22201 - Safety Zone; Upper Mississippi River, St. Louis, MO

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 93 (May 14, 2018)

Page Range22201-22203
FR Document2018-10191

The Coast Guard is establishing a temporary safety zone for all navigable waters on the Upper Mississippi River from mile marker (MM) 179 to MM 179.5, extending the entire width of the river, near St. Louis, MO. This safety zone is necessary to protect persons, vessels, and the marine environment from potential hazards that could occur while emergency 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 83 Issue 93 (Monday, May 14, 2018)
[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Rules and Regulations]
[Pages 22201-22203]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10191]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0430]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters on the Upper Mississippi River from mile marker 
(MM) 179 to MM 179.5, extending the entire width of the river, near St. 
Louis, MO. This safety zone is necessary to protect persons, vessels, 
and the marine environment from potential hazards that could occur 
while emergency 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 a.m. on May 14, 2018 through 7 
p.m. on May 15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0430 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
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

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

[[Page 22202]]

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)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it is impracticable. A barge-
based crane has contacted an overhead power line, necessitating 
emergency repairs. This safety zone must be established by May 14, 
2018, and we lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing this rule. The 
NPRM process would delay the establishment of the safety zone until 
after the emergency power line repairs are completed and compromise 
public safety.
    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 the public interest because immediate action is necessary 
to respond to the potential safety hazards associated with the 
emergency power line repairs.

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 emergency power line 
repairs over the Upper Mississippi River will be a safety concern for 
anyone within a one-half mile stretch of the Upper Mississippi River. 
This rule is necessary to protect persons, vessels, and the marine 
environment before, during, and after the repair work.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on May 14, 2018 
through 7 p.m. on May 15, 2018. The safety zone will be enforced from 7 
a.m. through 7 p.m. each day and will cover all navigable waters 
between mile markers (MMs) 179 and 179.5, extending the entire width of 
the river, on the Upper Mississippi River in St. Louis, MO. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment while the power lines are repaired. Entry of vessels 
or persons into this safety zone is prohibited unless authorized by the 
COTP or a designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Upper 
Mississippi River.
    Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or by telephone at 314-269-2332. All 
persons and vessels permitted to enter this safety zone must transit at 
the slowest safe speed and comply with all lawful directions issued by 
the COTP or the designated representative. The COTP or a designated 
representative will inform the public of the enforcement times and date 
for this safety zone through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs), as appropriate.

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 safety 
zone covers a one-half mile stretch of the Upper Mississippi River for 
twelve hours on each of two days to necessitate emergency power line 
repairs. The effects of the zone are expected to be insignificant 
taking into account the emergency nature of the required repairs.

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.

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.

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,

[[Page 22203]]

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 only twelve hours on each of two 
days that restricts entry on a one-half mile stretch of the Upper 
Mississippi River. It is categorically excluded from further review 
under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination will be made 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.T08-0430 to read as follows:


Sec.  165.T08-0430   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 and 
MM 179.5, extending the entire width of the river, in St. Louis, MO.
    (b) Effective period. This section is effective from 7 a.m. on May 
14, 2018 through 7:00 p.m. on May 15, 2018.
    (c) Enforcement period. This section will be enforced from 7 a.m. 
through 7 p.m. each day on May 14, 2018 and May 15, 2018.
    (d) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Sector Upper Mississippi River 
(COTP) or a designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Upper 
Mississippi River.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or by telephone at 314-269-2332.
    (3) All persons and vessels permitted to enter this safety zone 
must transit at the slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement times and date 
for this safety zone through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs), as appropriate.

    Dated: May 9, 2018.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2018-10191 Filed 5-11-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                  Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations                                           22201

                                              1–888–REG–FAIR (1–888–734–3247).                        individually or cumulatively have a                   DEPARTMENT OF HOMELAND
                                              The Coast Guard will not retaliate                      significant effect on the human                       SECURITY
                                              against small entities that question or                 environment. This rule simply
                                              complain about this rule or any policy                  promulgates the operating regulations or              Coast Guard
                                              or action of the Coast Guard.                           procedures for a drawbridge. It is
                                                                                                      categorically excluded from further                   33 CFR Part 165
                                              C. Collection of Information
                                                                                                      review under paragraph L49 of                         [Docket Number USCG–2018–0430]
                                                This rule will not call for a new
                                                                                                      Appendix A, Table 1 of DHS Instruction
                                              collection of information under the                                                                           RIN 1625–AA00
                                                                                                      Manual 023–01–001–01, Rev. 01.
                                              Paperwork Reduction Act of 1995
                                                                                                      Neither a Record of Environmental
                                              (44 U.S.C. 3501–3520).                                                                                        Safety Zone; Upper Mississippi River,
                                                                                                      Consideration nor a Memorandum for
                                                                                                                                                            St. Louis, MO
                                              D. Federalism and Indian Tribal                         the Record are required for this rule.
                                              Government                                                                                                    AGENCY:    Coast Guard, DHS.
                                                                                                      G. Protest Activities
                                                 A rule has implications for federalism                                                                     ACTION:   Temporary final rule.
                                              under Executive Order 13132,                              The Coast Guard respects the First
                                              Federalism, if it has a substantial direct              Amendment rights of protesters.                       SUMMARY:   The Coast Guard is
                                              effect on the States, on the relationship               Protesters are asked to contact the                   establishing a temporary safety zone for
                                              between the national government and                                                                           all navigable waters on the Upper
                                                                                                      person listed in the FOR FURTHER
                                              the States, or on the distribution of                                                                         Mississippi River from mile marker
                                                                                                      INFORMATION CONTACT section to
                                              power and responsibilities among the                                                                          (MM) 179 to MM 179.5, extending the
                                                                                                      coordinate protest activities so that your
                                              various levels of government. We have                                                                         entire width of the river, near St. Louis,
                                                                                                      message can be received without                       MO. This safety zone is necessary to
                                              analyzed this rule under that Order and                 jeopardizing the safety or security of
                                              have determined that it is consistent                                                                         protect persons, vessels, and the marine
                                                                                                      people, places or vessels.                            environment from potential hazards that
                                              with the fundamental federalism
                                              principles and preemption requirements                  List of Subjects in 33 CFR Part 117                   could occur while emergency work is
                                              described in Executive Order 13132.                                                                           completed on new power lines
                                                 Also, this rule does not have tribal                     Bridges.                                          extending across the river. Entry of
                                              implications under Executive Order                                                                            vessels or persons into this safety zone
                                                                                                        For the reasons discussed in the
                                              13175, Consultation and Coordination                                                                          is prohibited unless authorized by the
                                                                                                      preamble, the Coast Guard amends 33
                                              with Indian Tribal Governments,                                                                               Captain of the Port Sector Upper
                                                                                                      CFR part 117 as follows:                              Mississippi River (COTP) or a
                                              because it does not have a substantial
                                              direct effect on one or more Indian                     PART 117—DRAWBRIDGE                                   designated representative.
                                              tribes, on the relationship between the                 OPERATION REGULATIONS                                 DATES: This rule is effective from 7 a.m.
                                              Federal Government and Indian tribes,                                                                         on May 14, 2018 through 7 p.m. on May
                                              or on the distribution of power and                     ■ 1. The authority citation for part 117              15, 2018.
                                              responsibilities between the Federal                                                                          ADDRESSES: To view documents
                                                                                                      continues to read as follows:
                                              Government and Indian tribes. If you                                                                          mentioned in this preamble as being
                                              believe this rule has implications for                    Authority: 33 U.S.C. 499; 33 CFR 1.05–1;            available in the docket, go to http://
                                              federalism or Indian tribes, please                     Department of Homeland Security Delegation            www.regulations.gov, type USCG–2018–
                                              contact the person listed in the FOR                    No. 0170.1.
                                                                                                                                                            0430 in the ‘‘SEARCH’’ box and click
                                              FURTHER INFORMATION CONTACT section.                    ■ 2. Revise 117.667(b) to read as                     ‘‘SEARCH.’’ Click on Open Docket
                                              E. Unfunded Mandates Reform Act                         follows:                                              Folder on the line associated with this
                                                                                                                                                            rule.
                                                The Unfunded Mandates Reform Act                      § 117.667      St. Croix River.                       FOR FURTHER INFORMATION CONTACT: If
                                              of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                      *       *    *     *    *                             you have questions on this rule, call or
                                              Federal agencies to assess the effects of
                                              their discretionary regulatory actions. In                 (b) The draw of the Stillwater Lift                email LCDR Sean Peterson, Chief of
                                              particular, the Act addresses actions                   Bridge, Mile 23.4, shall open on signal               Prevention, U.S. Coast Guard; telephone
                                              that may result in the expenditure by a                 as follows:                                           314–269–2332, email Sean.M.Peterson@
                                              State, local, or tribal government, in the                                                                    uscg.mil.
                                                                                                         (1) From May 15 through October 15,
                                              aggregate, or by the private sector of                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                      daily:
                                              $100,000,000 (adjusted for inflation) or                                                                      I. Table of Abbreviations
                                              more in any one year. Though this rule                     (i) 8 a.m. to midnight, every half hour;
                                              will not result in such an expenditure,                    (ii) Midnight to 8 a.m., upon two                  CFR Code of Federal Regulations
                                              we do discuss the effects of this rule                  hours notice.                                         COTP Captain of the Port Sector Upper
                                                                                                                                                              Mississippi River
                                              elsewhere in this preamble.                                (2) From October 16 through May 14,                DHS Department of Homeland Security
                                              F. Environment                                          if at least 24 hours notice is given.                 FR Federal Register
                                                                                                      *       *    *     *    *                             MM Mile marker
                                                We have analyzed this rule under                                                                            NPRM Notice of proposed rulemaking
                                              Department of Homeland Security                           Dated: May 8, 2018.                                 § Section
                                              Management Directive 023–01 and                         Paul F. Thomas,                                       U.S.C. United States Code
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                                              Commandant Instruction M16475.lD,
                                                                                                      Rear Admiral, U.S. Coast Guard, Commander,            II. Background Information and
                                              which guides the Coast Guard in
                                                                                                      Eighth Coast Guard District.                          Regulatory History
                                              complying with the National
                                                                                                      [FR Doc. 2018–10186 Filed 5–11–18; 8:45 am]
                                              Environmental Policy Act of 1969                                                                                The Coast Guard is issuing this
                                              (42 U.S.C. 4321–4370f), and have                        BILLING CODE 9110–04–P                                temporary rule without prior notice and
                                              determined that this action is one of a                                                                       opportunity to comment pursuant to
                                              category of actions that do not                                                                               authority under section 4(a) of the


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                                              22202               Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations

                                              Administrative Procedure Act (APA) (5                   commissioned, warrant, or petty officer               businesses, not-for-profit organizations
                                              U.S.C. 553(b)). This provision                          of the U.S. Coast Guard assigned to                   that are independently owned and
                                              authorizes an agency to issue a rule                    units under the operational control of                operated and are not dominant in their
                                              without prior notice and opportunity to                 USCG Sector Upper Mississippi River.                  fields, and governmental jurisdictions
                                              comment when the agency for good                           Vessels requiring entry into this safety           with populations of less than 50,000.
                                              cause finds that those procedures are                   zone must request permission from the                 The Coast Guard received no comments
                                              ‘‘impracticable, unnecessary, or contrary               COTP or a designated representative.                  from the Small Business Administration
                                              to the public interest.’’ Under 5 U.S.C.                They may be contacted on VHF–FM                       on this rulemaking. The Coast Guard
                                              553(b)(3)(B), the Coast Guard finds that                Channel 16 or by telephone at 314–269–                certifies under 5 U.S.C. 605(b) that this
                                              good cause exists for not publishing a                  2332. All persons and vessels permitted               rule will not have a significant
                                              notice of proposed rulemaking (NPRM)                    to enter this safety zone must transit at             economic impact on a substantial
                                              with respect to this rule because it is                 the slowest safe speed and comply with                number of small entities.
                                              impracticable. A barge-based crane has                  all lawful directions issued by the COTP                 While some owners or operators of
                                              contacted an overhead power line,                       or the designated representative. The                 vessels intending to transit the safety
                                              necessitating emergency repairs. This                   COTP or a designated representative                   zone may be small entities, for the
                                              safety zone must be established by May                  will inform the public of the                         reasons stated in section V.A. above,
                                              14, 2018, and we lack sufficient time to                enforcement times and date for this                   this rule will not have a significant
                                              provide a reasonable comment period                     safety zone through Broadcast Notices to              economic impact on any vessel owner
                                              and then consider those comments                        Mariners (BNMs), Local Notices to                     or operator.
                                              before issuing this rule. The NPRM                      Mariners (LNMs), and/or Marine Safety
                                                                                                                                                            C. Collection of Information
                                              process would delay the establishment                   Information Bulletins (MSIBs), as
                                              of the safety zone until after the                      appropriate.                                            This rule will not call for a new
                                              emergency power line repairs are                                                                              collection of information under the
                                              completed and compromise public                         V. Regulatory Analyses                                Paperwork Reduction Act of 1995 (44
                                              safety.                                                   We developed this rule after                        U.S.C. 3501–3520).
                                                 Under 5 U.S.C. 553(d)(3), the Coast                  considering numerous statutes and
                                                                                                                                                            D. Federalism and Indian Tribal
                                              Guard finds that good cause exists for                  Executive Orders related to rulemaking.
                                                                                                                                                            Governments
                                              making this rule effective less than 30                 Below we summarize our analyses
                                              days after publication in the Federal                   based on a number of these statutes and                  A rule has implications for federalism
                                              Register. Delaying this rule would be                   Executive orders, and we discuss First                under Executive Order 13132,
                                              contrary to the public interest because                 Amendment rights of protestors.                       Federalism, if it has a substantial direct
                                              immediate action is necessary to                                                                              effect on the States, on the relationship
                                                                                                      A. Regulatory Planning and Review                     between the national government and
                                              respond to the potential safety hazards
                                              associated with the emergency power                        Executive Orders 12866 and 13563                   the States, or on the distribution of
                                              line repairs.                                           direct agencies to assess the costs and               power and responsibilities among the
                                                                                                      benefits of available regulatory                      various levels of government. We have
                                              III. Legal Authority and Need for Rule                  alternatives and, if regulation is                    analyzed this rule under that Order and
                                                 The Coast Guard is issuing this rule                 necessary, to select regulatory                       have determined that it is consistent
                                              under authority in 33 U.S.C. 1231. The                  approaches that maximize net benefits.                with the fundamental federalism
                                              Captain of the Port Sector Upper                        Executive Order 13771 directs agencies                principles and preemption requirements
                                              Mississippi River (COTP) has                            to control regulatory costs through a                 described in Executive Order 13132.
                                              determined that potential hazards                       budgeting process. This rule has not                     Also, this rule does not have tribal
                                              associated with emergency power line                    been designated a ‘‘significant                       implications under Executive Order
                                              repairs over the Upper Mississippi River                regulatory action,’’ under Executive                  13175, Consultation and Coordination
                                              will be a safety concern for anyone                     Order 12866. Accordingly, this rule has               with Indian Tribal Governments,
                                              within a one-half mile stretch of the                   not been reviewed by the Office of                    because it does not have a substantial
                                              Upper Mississippi River. This rule is                   Management and Budget (OMB), and                      direct effect on one or more Indian
                                              necessary to protect persons, vessels,                  pursuant to OMB guidance it is exempt                 tribes, on the relationship between the
                                              and the marine environment before,                      from the requirements of Executive                    Federal Government and Indian tribes,
                                              during, and after the repair work.                      Order 13771.                                          or on the distribution of power and
                                                                                                         This regulatory action determination               responsibilities between the Federal
                                              IV. Discussion of the Rule
                                                                                                      is based on the size, location, duration,             Government and Indian tribes. If you
                                                 This rule establishes a safety zone                  and time-of-year of the safety zone. This             believe this rule has implications for
                                              from 7 a.m. on May 14, 2018 through 7                   safety zone covers a one-half mile                    federalism or Indian tribes, please
                                              p.m. on May 15, 2018. The safety zone                   stretch of the Upper Mississippi River                contact the person listed in the FOR
                                              will be enforced from 7 a.m. through 7                  for twelve hours on each of two days to               FURTHER INFORMATION CONTACT section.
                                              p.m. each day and will cover all                        necessitate emergency power line
                                              navigable waters between mile markers                                                                         E. Unfunded Mandates Reform Act
                                                                                                      repairs. The effects of the zone are
                                              (MMs) 179 and 179.5, extending the                      expected to be insignificant taking into                The Unfunded Mandates Reform Act
                                              entire width of the river, on the Upper                 account the emergency nature of the                   of 1995 (2 U.S.C. 1531–1538) requires
                                              Mississippi River in St. Louis, MO. The                 required repairs.                                     Federal agencies to assess the effects of
                                              duration of the zone is intended to                                                                           their discretionary regulatory actions. In
                                                                                                      B. Impact on Small Entities
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                                              protect personnel, vessels, and the                                                                           particular, the Act addresses actions
                                              marine environment while the power                        The Regulatory Flexibility Act of                   that may result in the expenditure by a
                                              lines are repaired. Entry of vessels or                 1980, 5 U.S.C. 601–612, as amended,                   State, local, or tribal government, in the
                                              persons into this safety zone is                        requires Federal agencies to consider                 aggregate, or by the private sector of
                                              prohibited unless authorized by the                     the potential impact of regulations on                $100,000,000 (adjusted for inflation) or
                                              COTP or a designated representative. A                  small entities during rulemaking. The                 more in any one year. Though this rule
                                              designated representative is a                          term ‘‘small entities’’ comprises small               will not result in such an expenditure,


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                                                                  Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations                                          22203

                                              we do discuss the effects of this rule                     (b) Effective period. This section is              requested that EPA incorporate by
                                              elsewhere in this preamble.                             effective from 7 a.m. on May 14, 2018                 reference into the Maryland SIP a
                                                                                                      through 7:00 p.m. on May 15, 2018.                    Maryland Department of the
                                              F. Environment
                                                                                                         (c) Enforcement period. This section               Environment (MDE) order establishing
                                                We have analyzed this rule under                      will be enforced from 7 a.m. through 7                an alternative volatile organic
                                              Department of Homeland Security                         p.m. each day on May 14, 2018 and May                 compound (VOC) emission standard for
                                              Management Directive 023–01 and                         15, 2018.                                             National Gypsum Company (NGC) that
                                              Commandant Instruction M16475.lD,                          (d) Regulations. (1) Under the general             will ensure that this source remains a
                                              which guide the Coast Guard in                          safety zone regulations in § 165.23 of                minor stationary source of VOCs. EPA is
                                              complying with the National                             this part, entry into this zone is                    approving the SIP submittal
                                              Environmental Policy Act of 1969 (42                    prohibited unless authorized by the                   incorporating by reference MDE’s order
                                              U.S.C. 4321–4370f), and have                            Captain of the Port Sector Upper                      for NGC in accordance with the
                                              determined that this action is one of a                 Mississippi River (COTP) or a                         requirements of the Clean Air Act
                                              category of actions that do not                         designated representative. A designated               (CAA).
                                              individually or cumulatively have a                     representative is a commissioned,                     DATES: This final rule is effective on
                                              significant effect on the human                         warrant, or petty officer of the U.S.                 June 13, 2018.
                                              environment. This rule involves a safety                Coast Guard assigned to units under the
                                              zone lasting only twelve hours on each                                                                        ADDRESSES: EPA has established a
                                                                                                      operational control of USCG Sector                    docket for this action under Docket ID
                                              of two days that restricts entry on a one-              Upper Mississippi River.
                                              half mile stretch of the Upper                                                                                Number EPA–R03–OAR–2017–0394. All
                                                                                                         (2) Vessels requiring entry into this              documents in the docket are listed on
                                              Mississippi River. It is categorically                  safety zone must request permission
                                              excluded from further review under                                                                            the http://www.regulations.gov website.
                                                                                                      from the COTP or a designated                         Although listed in the index, some
                                              paragraph L60(d) of Appendix A, Table                   representative. They may be contacted
                                              1 of DHS Instruction Manual 023–01–                                                                           information is not publicly available,
                                                                                                      on VHF–FM Channel 16 or by telephone                  e.g., confidential business information
                                              001–01, Rev. 01. A Record of                            at 314–269–2332.
                                              Environmental Consideration                                                                                   (CBI) or other information whose
                                                                                                         (3) All persons and vessels permitted              disclosure is restricted by statute.
                                              supporting this determination will be                   to enter this safety zone must transit at
                                              made available in the docket where                                                                            Certain other material, such as
                                                                                                      the slowest safe speed and comply with                copyrighted material, is not placed on
                                              indicated under ADDRESSES.                              all lawful directions issued by the COTP              the internet and will be publicly
                                              G. Protest Activities                                   or the designated representative.                     available only in hard copy form.
                                                The Coast Guard respects the First                       (e) Informational broadcasts. The                  Publicly available docket materials are
                                              Amendment rights of protesters.                         COTP or a designated representative                   available through https://
                                              Protesters are asked to contact the                     will inform the public of the                         www.regulations.gov, or please contact
                                              person listed in the FOR FURTHER                        enforcement times and date for this                   the person identified in the FOR FURTHER
                                              INFORMATION CONTACT section to                          safety zone through Broadcast Notices to              INFORMATION CONTACT section for
                                              coordinate protest activities so that your              Mariners (BNMs), Local Notices to                     additional availability information.
                                              message can be received without                         Mariners (LNMs), and/or Marine Safety                 FOR FURTHER INFORMATION CONTACT:
                                              jeopardizing the safety or security of                  Information Bulletins (MSIBs), as                     Gregory A. Becoat, (215) 814–2036, or
                                              people, places or vessels.                              appropriate.                                          by email at becoat.gregory@epa.gov.
                                                                                                        Dated: May 9, 2018.                                 SUPPLEMENTARY INFORMATION:
                                              List of Subjects in 33 CFR Part 165
                                                                                                      Scott A. Stoermer,
                                                Harbors, Marine safety, Navigation                                                                          I. Background
                                                                                                      Captain, U.S. Coast Guard, Captain of the
                                              (water), Reporting and recordkeeping                    Port Sector Upper Mississippi River.                     On June 24, 2016, MDE submitted a
                                              requirements, Security measures,                                                                              formal revision to the Maryland SIP.
                                                                                                      [FR Doc. 2018–10191 Filed 5–11–18; 8:45 am]
                                              Waterways.                                                                                                    The SIP revision consisted of a request
                                                                                                      BILLING CODE 9110–04–P
                                                For the reasons discussed in the                                                                            to incorporate by reference a MDE
                                              preamble, the Coast Guard amends 33                                                                           departmental order establishing an
                                              CFR part 165 as follows:                                                                                      alternative VOC emission standard for
                                                                                                      ENVIRONMENTAL PROTECTION
                                                                                                      AGENCY                                                NGC in connection with the permit-to-
                                              PART 165—REGULATED NAVIGATION                                                                                 construct conditions issued by MDE to
                                              AREAS AND LIMITED ACCESS AREAS                                                                                ensure that it remains a minor stationary
                                                                                                      40 CFR Part 52
                                              ■ 1. The authority citation for part 165                                                                      source of VOCs. The alternative VOC
                                                                                                      [EPA–R03–OAR–2017–0394; FRL–9977–                     emissions limit is 195 pounds per
                                              continues to read as follows:                           84—Region 3]
                                                                                                                                                            operating day (lbs/day) with at least a
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   99% overall VOC control efficiency at
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Approval and Promulgation of Air
                                              Department of Homeland Security Delegation              Quality Implementation Plans;                         Board Kiln No. 1.
                                              No. 0170.1.                                                                                                      NGC is a major stationary source of
                                                                                                      Maryland; Approval of an Alternative
                                                                                                                                                            nitrogen oxides (NOX), but is not a
                                              ■ 2. Add § 165.T08–0430 to read as                      Volatile Organic Compound Emission
                                                                                                                                                            major stationary source for VOCs. NGC
                                              follows:                                                Standard
                                                                                                                                                            has two major manufacturing lines:
                                              § 165.T08–0430 Safety Zone; Upper                       AGENCY:  Environmental Protection                     Board Kiln No. 1 and Board Kiln No. 2.
nshattuck on DSK9F9SC42PROD with RULES




                                              Mississippi River, St. Louis, MO.                       Agency (EPA).                                         NGC was subject to VOC emission limits
                                                (a) Location. The following area is a                 ACTION: Final rule.                                   on its kilns in COMAR 26.11.06.06,
                                              safety zone: All navigable waters of the                                                                      which is included in the Maryland SIP.
                                              Upper Mississippi River between mile                    SUMMARY:   The Environmental Protection               Since Board Kiln No. 1 was installed
                                              marker (MM) 179 and MM 179.5,                           Agency (EPA) is approving a revision to               before May 12, 1972, COMAR
                                              extending the entire width of the river,                the State of Maryland’s state                         26.11.06.06B(1)(a) required its VOC
                                              in St. Louis, MO.                                       implementation plan (SIP). Maryland                   emissions to be less than 200 lbs/day


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Document Created: 2018-05-12 01:10:45
Document Modified: 2018-05-12 01:10:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7 a.m. on May 14, 2018 through 7 p.m. on May 15, 2018.
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 Citation83 FR 22201 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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