83_FR_25477 83 FR 25371 - Safety Zone; Upper Mississippi River, Mile Markers 179 to 180, St. Louis, MO

83 FR 25371 - Safety Zone; Upper Mississippi River, Mile Markers 179 to 180, St. Louis, MO

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 106 (June 1, 2018)

Page Range25371-25373
FR Document2018-11768

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Upper Mississippi River between mile markers 179 and 180, extending the entire width of the river. This action is necessary to provide for the safety of life and property on these navigable waters near the St. Louis Gateway Arch grounds during an air show practice and an air show/fireworks display. This temporary safety zone is necessary to protect persons and property from potential damage and safety hazards during the air show evolutions. Entry into the safety zone is prohibited unless authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative.

Federal Register, Volume 83 Issue 106 (Friday, June 1, 2018)
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Rules and Regulations]
[Pages 25371-25373]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11768]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0379]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Mile Markers 179 to 180, 
St. Louis, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Upper Mississippi River between mile markers 
179 and 180, extending the entire width of the river. This action is 
necessary to provide for the safety of life and property on these 
navigable waters near the St. Louis Gateway Arch grounds during an air 
show practice and an air show/fireworks display. This temporary safety 
zone is necessary to protect persons and property from potential damage 
and safety hazards during the air show evolutions. Entry into the 
safety zone is prohibited unless authorized by the Captain of the Port 
Sector Upper Mississippi River or a designated representative.

DATES: This rule is effective from noon on July 3, 2018 through 10:30 
p.m. on July 4, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0379 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 Sean.M.Peterson@uscg.mil.

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
UMR Upper Mississippi River

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(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. We must 
establish this safety zone by July 3, 2018 and lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing the rule. The NPRM process would delay the establishment 
of the safety zone until after the event 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 the effective date of the 
rule is contrary to the public interest as it would delay the safety 
measures necessary to respond to potential safety hazards associated 
with the air show evolutions.
    The Fair St. Louis will be holding air shows and a fireworks 
display in the vicinity of the St. Louis Gateway Arch from mile marker 
(MM) 179 to MM 180 on the 4th of July. A practice session for the air 
shows will be held on July 3, 2018 from noon through 2 p.m. The air 
shows will take place on July 4, 2018 twice: Between the hours of 12:30 
p.m. through 2 p.m., and 6:45 p.m. through 8:15 p.m. The fireworks 
display will take place from 9 p.m. through 10 p.m. on July 4, 2018.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33 
U.S.C. 1231. The purpose of this rule to provide for the safety of life 
and property during the air shows and the fireworks display. Over the 
years, there have been unfortunate instances of aircraft mishaps that 
involve crashing during performances at various air shows around the 
world. Occasionally, these incidents result in a wide area of scattered 
debris in the water that can damage property or cause significant 
injury or death to the public observing the air shows. The Captain of 
the Port Sector Upper Mississippi River (COTP) has determined that a 
safety zone is necessary to protect the general public from hazards 
associated with the aerobatic and high speed aerial flight 
demonstrations. In addition, potential hazards associated with firework 
displays include accidental discharge of fireworks, dangerous 
projectiles, and falling embers or other debris. The COTP has 
determined that a safety zone is necessary to protect the general 
public from hazards associated with the fireworks display. The purpose 
of this rule is to ensure the safety of life and property on the 
navigable waters in the safety zone before, during, and after the air 
show practice, the air shows, and the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from noon on July 3, 2018 
through 10:30 p.m. on July 4, 2018. It will be enforced

[[Page 25372]]

during four separate periods, once on July 3, 2018 from noon through 2 
p.m., and three times on July 4, 2018 from noon to 2 p.m., from 6:30 
p.m. to 8:15 p.m., and from 8:30 p.m. to 10:30 p.m. The safety zone 
will cover all navigable waters between mile markers (MMs) 179 and 180, 
extending the entire width of the river, on the Upper Mississippi River 
(UMR) in St. Louis, MO. Entry of vessels or persons into this zone is 
prohibited unless authorized by the COTP or a designated 
representative. A designated representative may be a Patrol Commander 
(PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard 
Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM 
(156.8 MHz) by the call sign ``PATCOM''. The COTP or a designated 
representative may be contacted on VHF-FM channel 13 or 16, or by phone 
at by telephone at 314-269-2332. All persons and vessels permitted to 
enter this safety zone must transit at their 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 effective period for the safety zone as well as any changes in the 
dates and times of enforcement through Local Notice to Mariners (LNMs), 
Broadcast Notices to Mariners (BNMs), 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, and duration of the safety zone. This safety zone impacts a 
one-mile stretch of the UMR for a total of seven and a half hours. 
Moreover, the Coast Guard would issue a BNMs via VHF-FM marine channel 
16 about the zone, and the rule would allow vessels to seek permission 
to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding these rules. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting a total of seven and a half hours 
that will prohibit entry on a one-mile stretch of the UMR on July 3rd 
and 4th, 2018. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01,

[[Page 25373]]

Rev. 01. A Record of Environmental Consideration 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.T08-0379 to read as follows:


Sec.  165.T08-0379  Safety Zone; Upper Mississippi River, mile markers 
179 to 180, St. Louis, MO.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Upper Mississippi River between mile markers (MMs) 179 to 
180, extending the entire width of the river, in St. Louis, MO.
    (b) Effective period. This section is effective from noon on July 
3, 2018 through 10:30 p.m. on July 4, 2018.
    (c) Enforcement periods. This section will be enforced as follows:
    (1) On July 3, 2018, from noon through 2 p.m.; and
    (2) On July 4, 2018, from noon through 2 p.m.; from 6:30 p.m. 
through 8:15 p.m.; and from 8:30 p.m. through 10:30 p.m.
    (d) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, entry of vessels or persons 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 may be a Patrol Commander (PATCOM). The PATCOM may be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM 
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM''. They may be contacted on VHF-FM channel 13 or 16, or by 
phone at by telephone at 314-269-2332.
    (2) All persons and vessels permitted to enter this safety zone 
must transit at their 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 effective period for the 
safety zone as well as any changes in the dates and times of 
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices 
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: May 24, 2018.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper 
Mississippi.
[FR Doc. 2018-11768 Filed 5-31-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations                                         25371

                                                enforcement, call or email Petty Officer                Mississippi River between mile markers                those comments before issuing the rule.
                                                Charles Morris, Marine Safety Unit                      179 and 180, extending the entire width               The NPRM process would delay the
                                                Pittsburgh, U.S. Coast Guard; telephone                 of the river. This action is necessary to             establishment of the safety zone until
                                                412–221–0807, email Charles.F.Morris@                   provide for the safety of life and                    after the event and compromise public
                                                uscg.mil.                                               property on these navigable waters near               safety.
                                                SUPPLEMENTARY INFORMATION: The Coast                    the St. Louis Gateway Arch grounds                       Under 5 U.S.C. 553(d)(3), the Coast
                                                Guard will enforce a safety zone for the                during an air show practice and an air                Guard finds that good cause exists for
                                                Rice’s Landing Riverfest in 33 CFR                      show/fireworks display. This temporary                making this rule effective less than 30
                                                165.801, Table 1, Line 7 from 9:45 p.m.                 safety zone is necessary to protect                   days after publication in the Federal
                                                through 10:45 p.m. each day on June 8,                  persons and property from potential                   Register. Delaying the effective date of
                                                2018 and June 9, 2018. This action is                   damage and safety hazards during the                  the rule is contrary to the public interest
                                                being taken to provide for the safety of                air show evolutions. Entry into the                   as it would delay the safety measures
                                                life on navigable waterways during this                 safety zone is prohibited unless                      necessary to respond to potential safety
                                                2-day event. Our regulation for marine                  authorized by the Captain of the Port                 hazards associated with the air show
                                                events within the Eighth Coast Guard                    Sector Upper Mississippi River or a                   evolutions.
                                                District, § 165.801, specifies the location             designated representative.                               The Fair St. Louis will be holding air
                                                of the safety zone for the Rice’s Landing               DATES: This rule is effective from noon               shows and a fireworks display in the
                                                Riverfest, which covers a less than one-                on July 3, 2018 through 10:30 p.m. on                 vicinity of the St. Louis Gateway Arch
                                                mile stretch of the Monongahela River.                  July 4, 2018.                                         from mile marker (MM) 179 to MM 180
                                                                                                        ADDRESSES: To view documents
                                                                                                                                                              on the 4th of July. A practice session for
                                                Entry into the safety zone is prohibited
                                                                                                        mentioned in this preamble as being                   the air shows will be held on July 3,
                                                unless authorized by the Captain of the
                                                                                                        available in the docket, go to http://                2018 from noon through 2 p.m. The air
                                                Port Marine Safety Unit Pittsburgh
                                                                                                        www.regulations.gov, type USCG–2018–                  shows will take place on July 4, 2018
                                                (COTP) or a designated representative.
                                                                                                        0379 in the ‘‘SEARCH’’ box and click                  twice: Between the hours of 12:30 p.m.
                                                Persons or vessels desiring to enter into
                                                                                                        ‘‘SEARCH.’’ Click on Open Docket                      through 2 p.m., and 6:45 p.m. through
                                                or pass through the area must request
                                                                                                        Folder on the line associated with this               8:15 p.m. The fireworks display will
                                                permission from the COTP or a
                                                                                                        rule.                                                 take place from 9 p.m. through 10 p.m.
                                                designated representative. They can be
                                                                                                                                                              on July 4, 2018.
                                                reached on VHF FM channel 16. If                        FOR FURTHER INFORMATION CONTACT: If
                                                permission is granted, all persons and                  you have questions on this rule, call or              III. Legal Authority and Need for Rule
                                                vessel shall comply with the                            email LCDR Sean Peterson, Chief of                       The Coast Guard is issuing this rule
                                                instructions of the COTP or designated                  Prevention, U.S. Coast Guard; telephone               under the authority in 33 U.S.C. 1231.
                                                representative.                                         314–269–2332, email Sean.M.Peterson@                  The purpose of this rule to provide for
                                                   In addition to this notice of                        uscg.mil.                                             the safety of life and property during the
                                                enforcement in the Federal Register, the                SUPPLEMENTARY INFORMATION:                            air shows and the fireworks display.
                                                COTP or a designated representative                                                                           Over the years, there have been
                                                will inform the public through                          I. Table of Abbreviations
                                                                                                                                                              unfortunate instances of aircraft
                                                Broadcast Notice to Mariners (BNM),                     CFR Code of Federal Regulations                       mishaps that involve crashing during
                                                Local Notices to Mariners (LNM),                        COTP Captain of the Port Sector Upper
                                                                                                          Mississippi River
                                                                                                                                                              performances at various air shows
                                                Marine Safety Information Bulletins                                                                           around the world. Occasionally, these
                                                (MSIBs), and/or through other means of                  DHS Department of Homeland Security
                                                                                                        FR Federal Register                                   incidents result in a wide area of
                                                public notice as appropriate at least 24                MM Mile marker                                        scattered debris in the water that can
                                                hours in advance of each enforcement.                   NPRM Notice of proposed rulemaking                    damage property or cause significant
                                                  Dated: May 25, 2018.                                  § Section                                             injury or death to the public observing
                                                L. McClain, Jr.,                                        U.S.C. United States Code                             the air shows. The Captain of the Port
                                                                                                        UMR Upper Mississippi River                           Sector Upper Mississippi River (COTP)
                                                Commander, U.S. Coast Guard, Captain of
                                                the Port Marine Safety Unit Pittsburgh.                                                                       has determined that a safety zone is
                                                                                                        II. Background Information and
                                                [FR Doc. 2018–11775 Filed 5–31–18; 8:45 am]                                                                   necessary to protect the general public
                                                                                                        Regulatory History
                                                BILLING CODE 9110–04–P                                                                                        from hazards associated with the
                                                                                                           The Coast Guard is issuing this                    aerobatic and high speed aerial flight
                                                                                                        temporary rule without prior notice and               demonstrations. In addition, potential
                                                DEPARTMENT OF HOMELAND                                  opportunity to comment pursuant to                    hazards associated with firework
                                                SECURITY                                                authority under section 4(a) of the                   displays include accidental discharge of
                                                                                                        Administrative Procedure Act (APA) (5                 fireworks, dangerous projectiles, and
                                                Coast Guard                                             U.S.C. 553(b)). This provision                        falling embers or other debris. The
                                                                                                        authorizes an agency to issue a rule                  COTP has determined that a safety zone
                                                33 CFR Part 165                                         without prior notice and opportunity to               is necessary to protect the general
                                                                                                        comment when the agency for good                      public from hazards associated with the
                                                [Docket Number USCG–2018–0379]
                                                                                                        cause finds that those procedures are                 fireworks display. The purpose of this
                                                RIN 1625–AA00                                           ‘‘impracticable, unnecessary, or contrary             rule is to ensure the safety of life and
                                                                                                        to the public interest.’’ Under 5 U.S.C.              property on the navigable waters in the
                                                Safety Zone; Upper Mississippi River,                   553(b)(3)(B), the Coast Guard finds that              safety zone before, during, and after the
jstallworth on DSKBBY8HB2PROD with RULES




                                                Mile Markers 179 to 180, St. Louis, MO                  good cause exists for not publishing a                air show practice, the air shows, and the
                                                AGENCY:    Coast Guard, DHS.                            notice of proposed rulemaking (NPRM)                  fireworks display.
                                                ACTION:   Temporary final rule.                         with respect to this rule because it is
                                                                                                        impracticable. We must establish this                 IV. Discussion of the Rule
                                                SUMMARY:   The Coast Guard is                           safety zone by July 3, 2018 and lack                     This rule establishes a safety zone
                                                establishing a temporary safety zone on                 sufficient time to provide a reasonable               from noon on July 3, 2018 through 10:30
                                                the navigable waters of the Upper                       comment period and then consider                      p.m. on July 4, 2018. It will be enforced


                                           VerDate Sep<11>2014   14:47 May 31, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4700   Sfmt 4700   E:\FR\FM\01JNR1.SGM   01JNR1


                                                25372                 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations

                                                during four separate periods, once on                   UMR for a total of seven and a half                   D. Federalism and Indian Tribal
                                                July 3, 2018 from noon through 2 p.m.,                  hours. Moreover, the Coast Guard would                Governments
                                                and three times on July 4, 2018 from                    issue a BNMs via VHF–FM marine                           A rule has implications for federalism
                                                noon to 2 p.m., from 6:30 p.m. to 8:15                  channel 16 about the zone, and the rule               under Executive Order 13132,
                                                p.m., and from 8:30 p.m. to 10:30 p.m.                  would allow vessels to seek permission                Federalism, if it has a substantial direct
                                                The safety zone will cover all navigable                to enter the zone.                                    effect on the States, on the relationship
                                                waters between mile markers (MMs) 179
                                                                                                        B. Impact on Small Entities                           between the national government and
                                                and 180, extending the entire width of
                                                                                                                                                              the States, or on the distribution of
                                                the river, on the Upper Mississippi
                                                                                                           The Regulatory Flexibility Act of                  power and responsibilities among the
                                                River (UMR) in St. Louis, MO. Entry of
                                                                                                        1980, 5 U.S.C. 601–612, as amended,                   various levels of government. We have
                                                vessels or persons into this zone is
                                                                                                        requires Federal agencies to consider                 analyzed this rule under that Order and
                                                prohibited unless authorized by the
                                                                                                        the potential impact of regulations on                have determined that it is consistent
                                                COTP or a designated representative. A
                                                                                                        small entities during rulemaking. The                 with the fundamental federalism
                                                designated representative may be a
                                                                                                        term ‘‘small entities’’ comprises small               principles and preemption requirements
                                                Patrol Commander (PATCOM). The
                                                                                                        businesses, not-for-profit organizations              described in Executive Order 13132.
                                                PATCOM may be aboard either a Coast
                                                Guard or Coast Guard Auxiliary vessel.                  that are independently owned and                         Also, this rule does not have tribal
                                                The PATCOM may be contacted on                          operated and are not dominant in their                implications under Executive Order
                                                Channel 16 VHF–FM (156.8 MHz) by                        fields, and governmental jurisdictions                13175, Consultation and Coordination
                                                the call sign ‘‘PATCOM’’. The COTP or                   with populations of less than 50,000.                 with Indian Tribal Governments,
                                                a designated representative may be                      The Coast Guard certifies under 5 U.S.C.              because it does not have a substantial
                                                contacted on VHF–FM channel 13 or 16,                   605(b) that this rule will not have a                 direct effect on one or more Indian
                                                or by phone at by telephone at 314–269–                 significant economic impact on a                      tribes, on the relationship between the
                                                2332. All persons and vessels permitted                 substantial number of small entities.                 Federal Government and Indian tribes,
                                                to enter this safety zone must transit at                                                                     or on the distribution of power and
                                                                                                           While some owners or operators of
                                                their slowest safe speed and comply                                                                           responsibilities between the Federal
                                                                                                        vessels intending to transit the safety
                                                with all lawful directions issued by the                                                                      Government and Indian tribes. If you
                                                                                                        zone may be small entities, for the
                                                COTP or the designated representative.                                                                        believe this rule has implications for
                                                                                                        reasons stated in section V.A. above,
                                                  The COTP or a designated                                                                                    federalism or Indian tribes, please
                                                                                                        this rule will not have a significant
                                                representative will inform the public of                                                                      contact the person listed in the FOR
                                                                                                        economic impact on any vessel owner
                                                the effective period for the safety zone                                                                      FURTHER INFORMATION CONTACT section
                                                                                                        or operator.
                                                as well as any changes in the dates and                                                                       above.
                                                times of enforcement through Local                         Under section 213(a) of the Small
                                                                                                        Business Regulatory Enforcement                       E. Unfunded Mandates Reform Act
                                                Notice to Mariners (LNMs), Broadcast
                                                Notices to Mariners (BNMs), and/or                      Fairness Act of 1996 (Pub. L. 104–121),                 The Unfunded Mandates Reform Act
                                                Marine Safety Information Bulletins                     we want to assist small entities in                   of 1995 (2 U.S.C. 1531–1538) requires
                                                (MSIBs) as appropriate.                                 understanding these rules. If the rule                Federal agencies to assess the effects of
                                                                                                        would affect your small business,                     their discretionary regulatory actions. In
                                                V. Regulatory Analyses                                  organization, or governmental                         particular, the Act addresses actions
                                                  We developed this rule after                          jurisdiction and you have questions                   that may result in the expenditure by a
                                                considering numerous statutes and                       concerning its provisions or options for              State, local, or tribal government, in the
                                                Executive orders related to rulemaking.                 compliance, please contact the person                 aggregate, or by the private sector of
                                                Below we summarize our analyses                         listed in the FOR FURTHER INFORMATION                 $100,000,000 (adjusted for inflation) or
                                                based on a number of these statutes and                 CONTACT section.                                      more in any one year. Though this rule
                                                Executive orders, and we discuss First                     Small businesses may send comments                 will not result in such an expenditure,
                                                Amendment rights of protestors.                         on the actions of Federal employees                   we do discuss the effects of this rule
                                                                                                        who enforce, or otherwise determine                   elsewhere in this preamble.
                                                A. Regulatory Planning and Review
                                                                                                        compliance with, Federal regulations to               F. Environment
                                                   Executive Orders 12866 and 13563
                                                                                                        the Small Business and Agriculture
                                                direct agencies to assess the costs and                                                                          We have analyzed this rule under
                                                                                                        Regulatory Enforcement Ombudsman
                                                benefits of available regulatory                                                                              Department of Homeland Security
                                                                                                        and the Regional Small Business                       Management Directive 023–01 and
                                                alternatives and, if regulation is
                                                                                                        Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                necessary, to select regulatory
                                                                                                        Ombudsman evaluates these actions                     which guide the Coast Guard in
                                                approaches that maximize net benefits.
                                                                                                        annually and rates each agency’s                      complying with the National
                                                Executive Order 13771 directs agencies
                                                                                                        responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                                to control regulatory costs through a
                                                                                                        wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                                budgeting process. This rule has not
                                                                                                        employees of the Coast Guard, call 1–                 determined that this action is one of a
                                                been designated a ‘‘significant
                                                regulatory action,’’ under Executive                    888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                                Order 12866. Accordingly, this rule has                 Coast Guard will not retaliate against                individually or cumulatively have a
                                                not been reviewed by the Office of                      small entities that question or complain              significant effect on the human
                                                Management and Budget (OMB), and                        about this rule or any policy or action               environment. This rule involves a safety
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                                                pursuant to OMB guidance it is exempt                   of the Coast Guard.                                   zone lasting a total of seven and a half
                                                from the requirements of Executive                      C. Collection of Information                          hours that will prohibit entry on a one-
                                                Order 13771.                                                                                                  mile stretch of the UMR on July 3rd and
                                                   This regulatory action determination                   This rule will not call for a new                   4th, 2018. It is categorically excluded
                                                is based on the size, location, and                     collection of information under the                   from further review under paragraph
                                                duration of the safety zone. This safety                Paperwork Reduction Act of 1995 (44                   L60(a) of Appendix A, Table 1 of DHS
                                                zone impacts a one-mile stretch of the                  U.S.C. 3501–3520).                                    Instruction Manual 023–01–001–01,


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                                                                      Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Rules and Regulations                                         25373

                                                Rev. 01. A Record of Environmental                      the call sign ‘‘PATCOM’’. They may be                 Prevention Department, Sector Detroit,
                                                Consideration is available in the docket                contacted on VHF–FM channel 13 or 16,                 Coast Guard; telephone (313) 568–9564,
                                                where indicated under ADDRESSES.                        or by phone at by telephone at 314–269–               or email Tracy.M.Girard@uscg.mil.
                                                                                                        2332.                                                 SUPPLEMENTARY INFORMATION:
                                                G. Protest Activities
                                                                                                          (2) All persons and vessels permitted
                                                  The Coast Guard respects the First                    to enter this safety zone must transit at             I. Table of Abbreviations
                                                Amendment rights of protesters.                         their slowest safe speed and comply                   CFR Code of Federal Regulations
                                                Protesters are asked to contact the                     with all lawful directions issued by the              COTP Captain of the Port Detroit
                                                person listed in the FOR FURTHER                        COTP or the designated representative.                DHS Department of Homeland Security
                                                INFORMATION CONTACT section to                            (e) Informational broadcasts. The                   FR Federal Register
                                                coordinate protest activities so that your              COTP or a designated representative                   NPRM Notice of Proposed Rulemaking
                                                message can be received without                         will inform the public of the effective               § Section
                                                jeopardizing the safety or security of                                                                        U.S.C. United States Code
                                                                                                        period for the safety zone as well as any
                                                people, places or vessels.                              changes in the dates and times of                     II. Background Information and
                                                List of Subjects in 33 CFR Part 165                     enforcement through Local Notice to                   Regulatory History
                                                                                                        Mariners (LNMs), Broadcast Notices to                    The Coast Guard is issuing this
                                                  Harbors, Marine safety, Navigation                    Mariners (BNMs), and/or Marine Safety
                                                (water), Reporting and recordkeeping                                                                          temporary rule without prior notice and
                                                                                                        Information Bulletins (MSIBs) as                      opportunity to comment pursuant to
                                                requirements, Security measures,                        appropriate.
                                                Waterways.                                                                                                    authority under section 4(a) of the
                                                                                                          Dated: May 24, 2018.                                Administrative Procedure Act (APA) (5
                                                  For the reasons discussed in the
                                                preamble, the Coast Guard amends 33                     S.A. Stoermer,                                        U.S.C. 553(b)). This provision
                                                CFR part 165 as follows:                                Captain, U.S. Coast Guard, Captain of the             authorizes an agency to issue a rule
                                                                                                        Port Sector Upper Mississippi.                        without prior notice and opportunity to
                                                PART 165—REGULATED NAVIGATION                           [FR Doc. 2018–11768 Filed 5–31–18; 8:45 am]           comment when the agency for good
                                                AREAS AND LIMITED ACCESS AREAS                          BILLING CODE 9110–04–P                                cause finds that those procedures are
                                                                                                                                                              ‘‘impracticable, unnecessary, or contrary
                                                ■ 1. The authority citation for part 165                                                                      to the public interest.’’ Under 5 U.S.C.
                                                continues to read as follows:                           DEPARTMENT OF HOMELAND                                553(b) (B), the Coast Guard finds that
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             SECURITY                                              good cause exists for not publishing a
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     notice of proposed rulemaking (NPRM)
                                                Department of Homeland Security Delegation              Coast Guard                                           with respect to this rule because doing
                                                No. 0170.1.                                                                                                   so would be impracticable. The Coast
                                                ■ 2. Add § 165.T08–0379 to read as                      33 CFR Part 165                                       Guard did not receive the final details
                                                follows:                                                [Docket No. USCG–2018–0477]                           of this offshore barrier test in time to
                                                                                                                                                              publish an NPRM. As such, it is
                                                § 165.T08–0379 Safety Zone; Upper                       RIN 1625–AA00                                         impracticable to publish an NPRM
                                                Mississippi River, mile markers 179 to 180,                                                                   because we lack sufficient time to
                                                St. Louis, MO.                                          Safety Zone; Offshore Barrier Test,
                                                                                                                                                              provide a reasonable comment period
                                                  (a) Location. The following area is a                 Lake Huron, North Lakeport, MI
                                                                                                                                                              and then consider those comments
                                                safety zone: all navigable waters of the                AGENCY:    Coast Guard, DHS.                          before issuing the rule.
                                                Upper Mississippi River between mile                                                                             Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                        ACTION:   Temporary final rule.
                                                markers (MMs) 179 to 180, extending                                                                           Guard finds that good cause exists for
                                                the entire width of the river, in St.                   SUMMARY:   The Coast Guard is                         making this rule effective less than 30
                                                Louis, MO.                                              establishing a temporary safety zone for              days after publication in the Federal
                                                   (b) Effective period. This section is                navigable waters within a 2000 yard                   Register. Delaying the effective date of
                                                effective from noon on July 3, 2018                     radius of a portion of Lake Huron, MI.                this rule would inhibit the Coast
                                                through 10:30 p.m. on July 4, 2018.                     This zone is necessary to protect a Coast             Guard’s ability to protect participants,
                                                   (c) Enforcement periods. This section                Guard Cutter and divers operating from                mariners and vessels from the hazards
                                                will be enforced as follows:                            the vessel as part of a test of a maritime            associated with this event.
                                                   (1) On July 3, 2018, from noon                       oil recovery system.
                                                through 2 p.m.; and                                                                                           III. Legal Authority and Need for Rule
                                                                                                        DATES: This temporary final rule is
                                                   (2) On July 4, 2018, from noon                       effective without actual notice from                     The Coast Guard is issuing this rule
                                                through 2 p.m.; from 6:30 p.m. through                  June 1, 2018 through 4 p.m. on June 2,                under authority in 33 U.S.C. 1231. The
                                                8:15 p.m.; and from 8:30 p.m. through                   2018. For the purposes of enforcement,                Captain of the Port Detroit (COTP) has
                                                10:30 p.m.                                              actual notice will be used from 7 a.m.                determined that potential hazard
                                                   (d) Regulations. (1) Under the general               May 30, 2018 through June 1, 2018.                    associated with offshore barrier test
                                                safety zone regulations in § 165.23 of                                                                        from 7 a.m. on May 30, 2018 through 4
                                                                                                        ADDRESSES: To view documents
                                                this part, entry of vessels or persons into                                                                   p.m. on June 2, 2018 will be a safety
                                                this zone is prohibited unless                          mentioned in this preamble as being
                                                                                                                                                              concern to anyone within a 2000 yard
                                                authorized by the Captain of the Port                   available in the docket, go to http://
                                                                                                                                                              radius of the site. This rule is needed to
                                                Sector Upper Mississippi River (COTP)                   www.regulations.gov, type USCG–2018–
                                                                                                                                                              protect personnel, vessels, and the
jstallworth on DSKBBY8HB2PROD with RULES




                                                or a designated representative. A                       0477 in the ‘‘SEARCH’’ box and click
                                                                                                                                                              marine environment in the navigable
                                                designated representative may be a                      ‘‘SEARCH.’’ Click on Open Docket
                                                                                                                                                              waters within the safety zone while the
                                                Patrol Commander (PATCOM). The                          Folder on the line associated with this
                                                                                                                                                              offshore barrier test is being conducted.
                                                PATCOM may be aboard either a Coast                     rule.
                                                Guard or Coast Guard Auxiliary vessel.                  FOR FURTHER INFORMATION CONTACT:  If                  IV. Discussion of the Rule
                                                The PATCOM may be contacted on                          you have questions on this temporary                     This rule establishes a safety zone
                                                Channel 16 VHF–FM (156.8 MHz) by                        rule, call or email Tracy Girard,                     from 7 a.m. on May 30 until 4 p.m. on


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Document Created: 2018-06-01 01:30:29
Document Modified: 2018-06-01 01:30:29
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 noon on July 3, 2018 through 10:30 p.m. on July 4, 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 25371 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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