83_FR_55498 83 FR 55284 - Safety Zone; Upper Mississippi River, Miles 179 to 180, St. Louis, MO

83 FR 55284 - Safety Zone; Upper Mississippi River, Miles 179 to 180, St. Louis, MO

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 214 (November 5, 2018)

Page Range55284-55286
FR Document2018-24120

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Upper Mississippi River from mile marker (MM) 179 to MM 180. This action is necessary to provide for the safety of persons, vessels, and the marine environment on these navigable waters near St. Louis, MO, during a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative.

Federal Register, Volume 83 Issue 214 (Monday, November 5, 2018)
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Rules and Regulations]
[Pages 55284-55286]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24120]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0815]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Miles 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 from mile marker (MM) 
179 to MM 180. This action is necessary to provide for the safety of 
persons, vessels, and the marine environment on these navigable waters 
near St. Louis, MO, during a fireworks display. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Sector Upper Mississippi River or a designated 
representative.

DATES: This rule is effective from 8 p.m. through 11:30 p.m. on 
November 8, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0815 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 Lieutenant Commander Christian Barger, Sector Upper 
Mississippi River Waterways Management Division, U.S. Coast Guard; 
telephone 314-269-2560, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. It is 
impracticable because we must establish this safety zone by November 8, 
2018 and 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 scheduled date of the fireworks 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 public interest because immediate action is necessary to 
respond to the potential safety hazards associated with the fireworks 
display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector Upper Mississippi River (COTP) has 
determined that potential hazards associated with a fireworks display 
on the evening of November 8, 2018, will be a safety concern for 
persons and vessels on a one-mile stretch of the Upper Mississippi 
River. Hazards associated with firework displays include accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris. This rule is necessary to ensure the safety of 
persons, vessels, and the marine environment on these navigable waters 
before, during, and after the fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 p.m. through 
11:30 p.m. on November 8, 2018. The safety zone will cover all 
navigable waters of the Upper Mississippi River from mile 179 to mile 
180, in St. Louis, Mo. The duration of the zone is intended to protect 
persons, vessels, and the marine environment in these navigable waters 
during the fireworks display.
    No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard (USCG) assigned to units under 
the operational control of USCG Sector Upper Mississippi River. To seek 
permission to enter, contact the COTP or a designated representative 
via VHF-FM channel 16, or through USCG Sector Upper Mississippi River 
at 314-269-2332. Persons and vessels permitted to enter the safety zone 
must comply with all lawful orders or directions issued by the COTP or 
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 temporary safety zone. The safety zone 
impacts a one-mile stretch of the Upper Mississippi river for three and 
one half hours on one evening. Moreover, the Coast Guard will issue a 
BNM via VHF-FM marine channel 16 about the zone, and the rule allows 
vessels to seek permission to enter the zone.

[[Page 55285]]

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 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 
temporary safety zone prohibiting entry on a one-mile stretch of the 
Upper Mississippi River for three hours on one evening. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T08-0815 to read as follows:


Sec.  165.T08-0815  Safety Zone; Upper Mississippi River, Miles 179 to 
180, St. Louis, MO.

    (a) Location. The following area is a safety zone: All waters of 
the Upper Mississippi River from mile marker (MM) 179 to MM180, from 
surface to bottom, Saint Louis, MO.
    (b) Effective period. This section is effective from 8 p.m. through 
11:30 p.m. on November 8, 2018.
    (c) Regulations. (1) In accordance with the general safety zone 
regulations in 165.23, entry of persons or vessels into this safety 
zone described in paragraph (a) of this section 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 (USCG) 
assigned to units under the operational control of USCG Sector Upper 
Mississippi River.
    (2) To seek permission to enter, contact the COTP or a designated 
representative via VHF-FM channel 16, or through USCG Sector Upper 
Mississippi River at 314-269-2332. Persons and vessels permitted to 
enter the safety zone must comply with all lawful orders or directions 
issued by the COTP or designated representative.
    (d) 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

[[Page 55286]]

Information Bulletins (MSIBs) as appropriate.

    Dated: October 30, 2018.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2018-24120 Filed 11-2-18; 8:45 am]
BILLING CODE 9110-04-P



     55284            Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations

     of the Port Buffalo, or his on-scene                    II. Background Information and                        environment in these navigable waters
     representative.                                         Regulatory History                                    during the fireworks display.
       Dated: October 30, 2018.                                 The Coast Guard is issuing this                      No vessel or person will be permitted
     Joseph S. Dufresne,                                     temporary rule without prior notice and               to enter the safety zone without
     Captain, U.S. Coast Guard, Captain of the               opportunity to comment pursuant to                    obtaining permission from the COTP or
     Port Buffalo.                                           authority under section 4(a) of the                   a designated representative. A
     [FR Doc. 2018–24059 Filed 11–2–18; 8:45 am]             Administrative Procedure Act (APA) (5                 designated representative is a
     BILLING CODE 9110–04–P                                  U.S.C. 553(b)). This provision                        commissioned, warrant, or petty officer
                                                             authorizes an agency to issue a rule                  of the U.S. Coast Guard (USCG) assigned
                                                             without prior notice and opportunity to               to units under the operational control of
     DEPARTMENT OF HOMELAND                                  comment when the agency for good                      USCG Sector Upper Mississippi River.
     SECURITY                                                cause finds that those procedures are                 To seek permission to enter, contact the
                                                             ‘‘impracticable, unnecessary, or contrary             COTP or a designated representative via
     Coast Guard                                             to the public interest.’’ Under 5 U.S.C.              VHF–FM channel 16, or through USCG
                                                             553(b)(B), the Coast Guard finds that                 Sector Upper Mississippi River at 314–
     33 CFR Part 165                                         good cause exists for not publishing a                269–2332. Persons and vessels
     [Docket Number USCG–2018–0815]                          notice of proposed rulemaking (NPRM)                  permitted to enter the safety zone must
                                                             with respect to this rule because it is               comply with all lawful orders or
     RIN 1625–AA00                                           impracticable. It is impracticable                    directions issued by the COTP or
                                                             because we must establish this safety                 designated representative. The COTP or
     Safety Zone; Upper Mississippi River,                                                                         a designated representative will inform
                                                             zone by November 8, 2018 and lack
     Miles 179 to 180, St. Louis, MO                                                                               the public of the effective period for the
                                                             sufficient time to provide a reasonable
     AGENCY:    Coast Guard, DHS.                            comment period and then consider                      safety zone as well as any changes in the
     ACTION:   Temporary final rule.                         those comments before issuing this rule.              dates and times of enforcement through
                                                             The NPRM process would delay the                      Local Notice to Mariners (LNMs),
     SUMMARY:   The Coast Guard is                           establishment of the safety zone until                Broadcast Notices to Mariners (BNMs),
     establishing a temporary safety zone on                 after the scheduled date of the fireworks             and/or Marine Safety Information
     the navigable waters of the Upper                       and compromise public safety.                         Bulletins (MSIBs), as appropriate.
     Mississippi River from mile marker                         Under 5 U.S.C. 553(d)(3), the Coast
     (MM) 179 to MM 180. This action is                                                                            V. Regulatory Analyses
                                                             Guard finds that good cause exists for
     necessary to provide for the safety of                  making this rule effective less than 30                 We developed this rule after
     persons, vessels, and the marine                        days after publication in the Federal                 considering numerous statutes and
     environment on these navigable waters                   Register. Delaying this rule would be                 Executive orders related to rulemaking.
     near St. Louis, MO, during a fireworks                  contrary to public interest because                   Below we summarize our analyses
     display. Entry of vessels or persons into               immediate action is necessary to                      based on a number of these statutes and
     this zone is prohibited unless                          respond to the potential safety hazards               Executive orders, and we discuss First
     specifically authorized by the Captain of               associated with the fireworks display.                Amendment rights of protestors.
     the Port Sector Upper Mississippi River
     or a designated representative.                         III. Legal Authority and Need for Rule                A. Regulatory Planning and Review
     DATES: This rule is effective from 8 p.m.                  The Coast Guard is issuing this rule
                                                             under authority in 33 U.S.C. 1231. The                   Executive Orders 12866 and 13563
     through 11:30 p.m. on November 8,
                                                             Captain of the Port Sector Upper                      direct agencies to assess the costs and
     2018.
                                                             Mississippi River (COTP) has                          benefits of available regulatory
     ADDRESSES: To view documents                                                                                  alternatives and, if regulation is
     mentioned in this preamble as being                     determined that potential hazards
                                                             associated with a fireworks display on                necessary, to select regulatory
     available in the docket, go to https://                                                                       approaches that maximize net benefits.
     www.regulations.gov, type USCG–2018–                    the evening of November 8, 2018, will
                                                             be a safety concern for persons and                   Executive Order 13771 directs agencies
     0815 in the ‘‘SEARCH’’ box and click                                                                          to control regulatory costs through a
     ‘‘SEARCH.’’ Click on Open Docket                        vessels on a one-mile stretch of the
                                                             Upper Mississippi River. Hazards                      budgeting process. This rule has not
     Folder on the line associated with this                                                                       been designated a ‘‘significant
     rule.                                                   associated with firework displays
                                                             include accidental discharge of                       regulatory action,’’ under Executive
     FOR FURTHER INFORMATION CONTACT: If                                                                           Order 12866. Accordingly, this rule has
                                                             fireworks, dangerous projectiles, and
     you have questions on this rule, call or                falling hot embers or other debris. This              not been reviewed by the Office of
     email Lieutenant Commander Christian                    rule is necessary to ensure the safety of             Management and Budget (OMB), and
     Barger, Sector Upper Mississippi River                  persons, vessels, and the marine                      pursuant to OMB guidance it is exempt
     Waterways Management Division, U.S.                     environment on these navigable waters                 from the requirements of Executive
     Coast Guard; telephone 314–269–2560,                    before, during, and after the fireworks               Order 13771.
     email Christian.J.Barger@uscg.mil.                      display.                                                 This regulatory action determination
     SUPPLEMENTARY INFORMATION:                                                                                    is based on the size, location, and
                                                             IV. Discussion of the Rule                            duration of the temporary safety zone.
     I. Table of Abbreviations
                                                               This rule establishes a temporary                   The safety zone impacts a one-mile
        CFR Code of Federal Regulations                      safety zone from 8 p.m. through 11:30                 stretch of the Upper Mississippi river
        COTP Captain of the Port Sector Upper                p.m. on November 8, 2018. The safety                  for three and one half hours on one
          Mississippi River
        DHS Department of Homeland Security
                                                             zone will cover all navigable waters of               evening. Moreover, the Coast Guard will
        FR Federal Register                                  the Upper Mississippi River from mile                 issue a BNM via VHF–FM marine
        NPRM Notice of Proposed Rulemaking                   179 to mile 180, in St. Louis, Mo. The                channel 16 about the zone, and the rule
        § Section                                            duration of the zone is intended to                   allows vessels to seek permission to
        U.S.C. United States Code                            protect persons, vessels, and the marine              enter the zone.


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                      Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations                                            55285

     B. Impact on Small Entities                             power and responsibilities among the                  INFORMATION CONTACT    section to
        The Regulatory Flexibility Act of                    various levels of government. We have                 coordinate protest activities so that your
     1980, 5 U.S.C. 601–612, as amended,                     analyzed this rule under that Order and               message can be received without
     requires Federal agencies to consider                   have determined that it is consistent                 jeopardizing the safety or security of
     the potential impact of regulations on                  with the fundamental federalism                       people, places, or vessels.
                                                             principles and preemption requirements
     small entities during rulemaking. The                                                                         List of Subjects in 33 CFR Part 165
                                                             described in Executive Order 13132.
     term ‘‘small entities’’ comprises small
                                                                Also, this rule does not have tribal                 Harbors, Marine safety, Navigation
     businesses, not-for-profit organizations                implications under Executive Order                    (water), Reporting and recordkeeping
     that are independently owned and                        13175, Consultation and Coordination                  requirements, Security measures,
     operated and are not dominant in their                  with Indian Tribal Governments,                       Waterways.
     fields, and governmental jurisdictions                  because it does not have a substantial
     with populations of less than 50,000.                                                                           For the reasons discussed in the
                                                             direct effect on one or more Indian
     The Coast Guard certifies under 5 U.S.C.                                                                      preamble, the Coast Guard amends 33
                                                             tribes, on the relationship between the
     605(b) that this rule will not have a                                                                         CFR part 165 as follows:
                                                             Federal Government and Indian tribes,
     significant economic impact on a                        or on the distribution of power and
     substantial number of small entities.                                                                         PART 165—REGULATED NAVIGATION
                                                             responsibilities between the Federal                  AREAS AND LIMITED ACCESS AREAS
        While some owners or operators of                    Government and Indian tribes. If you
     vessels intending to transit the                        believe this rule has implications for
     temporary safety zone may be small                                                                            ■ 1. The authority citation for part 165
                                                             federalism or Indian tribes, please                   continues to read as follows:
     entities, for the reasons stated in section             contact the person listed in the FOR
     V.A above, this rule will not have a                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                             FURTHER INFORMATION CONTACT section                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
     significant economic impact on any                      above.
     vessel owner or operator.                                                                                     Department of Homeland Security Delegation
                                                             E. Unfunded Mandates Reform Act                       No. 0170.1.
        Under section 213(a) of the Small
     Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    ■ 2. Add § 165.T08–0815 to read as
     Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 follows:
     we want to assist small entities in                     Federal agencies to assess the effects of
     understanding this rule. If the rule                                                                          § 165.T08–0815 Safety Zone; Upper
                                                             their discretionary regulatory actions. In            Mississippi River, Miles 179 to 180, St.
     would affect your small business,                       particular, the Act addresses actions                 Louis, MO.
     organization, or governmental                           that may result in the expenditure by a
     jurisdiction and you have questions                                                                             (a) Location. The following area is a
                                                             State, local, or tribal government, in the            safety zone: All waters of the Upper
     concerning its provisions or options for                aggregate, or by the private sector of
     compliance, please contact the person                                                                         Mississippi River from mile marker
                                                             $100,000,000 (adjusted for inflation) or              (MM) 179 to MM180, from surface to
     listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule
     CONTACT section.                                                                                              bottom, Saint Louis, MO.
                                                             will not result in such an expenditure,
        Small businesses may send comments                                                                            (b) Effective period. This section is
                                                             we do discuss the effects of this rule
     on the actions of Federal employees                                                                           effective from 8 p.m. through 11:30 p.m.
                                                             elsewhere in this preamble.
     who enforce, or otherwise determine                                                                           on November 8, 2018.
     compliance with, Federal regulations to                 F. Environment                                           (c) Regulations. (1) In accordance with
     the Small Business and Agriculture                         We have analyzed this rule under                   the general safety zone regulations in
     Regulatory Enforcement Ombudsman                        Department of Homeland Security                       165.23, entry of persons or vessels into
     and the Regional Small Business                         Directive 023–01 and Commandant                       this safety zone described in paragraph
     Regulatory Fairness Boards. The                         Instruction M16475.1D, which guide the                (a) of this section is prohibited unless
     Ombudsman evaluates these actions                       Coast Guard in complying with the                     authorized by the Captain of the Port
     annually and rates each agency’s                        National Environmental Policy Act of                  Sector Upper Mississippi River (COTP)
     responsiveness to small business. If you                1969(42 U.S.C. 4321–4370f), and have                  or a designated representative. A
     wish to comment on actions by                           determined that this action is one of a               designated representative is a
     employees of the Coast Guard, call 1–                   category of actions that do not                       commissioned, warrant, or petty officer
     888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                   of the U.S. Coast Guard (USCG) assigned
     Coast Guard will not retaliate against                  significant effect on the human                       to units under the operational control of
     small entities that question or complain                environment. This rule involves a                     USCG Sector Upper Mississippi River.
     about this rule or any policy or action                 temporary safety zone prohibiting entry                  (2) To seek permission to enter,
     of the Coast Guard.                                     on a one-mile stretch of the Upper                    contact the COTP or a designated
                                                             Mississippi River for three hours on one              representative via VHF–FM channel 16,
     C. Collection of Information                                                                                  or through USCG Sector Upper
                                                             evening. It is categorically excluded
       This rule will not call for a new                     from further review under paragraph                   Mississippi River at 314–269–2332.
     collection of information under the                     L60(a) of Appendix A, Table 1 of DHS                  Persons and vessels permitted to enter
     Paperwork Reduction Act of 1995 (44                     Instruction Manual 023–01–001–01,                     the safety zone must comply with all
     U.S.C. 3501–3520).                                      Rev. 01. A Record of Environmental                    lawful orders or directions issued by the
                                                             Consideration supporting this                         COTP or designated representative.
     D. Federalism and Indian Tribal                                                                                  (d) Informational broadcasts. The
     Governments                                             determination is available in the docket
                                                             where indicated under ADDRESSES.                      COTP or a designated representative
        A rule has implications for federalism                                                                     will inform the public of the effective
     under Executive Order 13132,                            G. Protest Activities                                 period for the safety zone as well as any
     Federalism, if it has a substantial direct                The Coast Guard respects the First                  changes in the dates and times of
     effect on the States, on the relationship               Amendment rights of protesters.                       enforcement through Local Notice to
     between the national government and                     Protesters are asked to contact the                   Mariners (LNMs), Broadcast Notices to
     the States, or on the distribution of                   person listed in the FOR FURTHER                      Mariners (BNMs), and/or Marine Safety


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     55286            Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations

     Information Bulletins (MSIBs) as                           2. Email: langenfeld.matthew@                      these documents should make an
     appropriate.                                            epa.gov.                                              appointment with the office at least 2
       Dated: October 30, 2018.                                 3. Mail: Matthew Langenfeld, Region                days in advance.
                                                             8, Project Officer, UST, Solid Waste and              FOR FURTHER INFORMATION CONTACT:
     S.A. Stoermer,
                                                             PCB Unit, Resource Conservation and                   Matthew Langenfeld, (303) 312–6284,
     Captain, U.S. Coast Guard, Captain of the               Recovery Program, Office of
     Port Sector Upper Mississippi River.                                                                          Langenfeld.matthew@epa.gov. To
                                                             Partnerships and Regulatory Assistance                inspect the hard copy materials, please
     [FR Doc. 2018–24120 Filed 11–2–18; 8:45 am]
                                                             (8P–R), EPA Region 8, 1595 Wynkoop                    schedule an appointment with Matthew
     BILLING CODE 9110–04–P                                  Street, Denver, Colorado 80202–1129.                  Langenfeld at (303) 312–6284.
                                                                4. Hand Delivery or Courier: Deliver               SUPPLEMENTARY INFORMATION:
                                                             your comments to Matthew Langenfeld,
     ENVIRONMENTAL PROTECTION                                Region 8, Project Officer, UST, Solid                 I. Approval of Revisions to Utah’s
     AGENCY                                                  Waste and PCB Unit, Resource                          Underground Storage Tank Program
                                                             Conservation and Recovery Program,                    A. Why are revisions to state programs
     40 CFR Part 282                                         Office of Partnerships and Regulatory                 necessary?
                                                             Assistance (8P–R), EPA Region 8, 1595
     [EPA–R08–UST–2018–0169; FRL–9982–18–                    Wynkoop Street, Denver, Colorado                         States which have received final
     Region 8]                                               80202–1129.                                           approval from the EPA under RCRA
                                                                Instructions: Direct your comments to              section 9004(b) of RCRA, 42 U.S.C.
     Utah: Final Approval of State                           Docket ID No. EPA–R08–UST–2018–                       6991c(b), must maintain an
     Underground Storage Tank Program                        0169. EPA’s policy is that all comments               underground storage tank program that
     Revisions, Codification and                             received will be included in the public               is equivalent to, consistent with, and no
     Incorporation by Reference                              docket without change and may be                      less stringent than the federal
                                                             available online at http://                           underground storage tank program.
     AGENCY: Environmental Protection
                                                             www.regulations.gov, including any                    When the EPA makes revisions to the
     Agency (EPA).
                                                             personal information provided, unless                 regulations that govern the UST
     ACTION: Direct final rule.                                                                                    program, states must revise their
                                                             the comment includes information
     SUMMARY:   Pursuant to the Resource                     claimed to be Confidential Business                   programs to comply with the updated
     Conservation and Recovery Act (RCRA                     Information (CBI) or other information                regulations and submit these revisions
     or Act), the Environmental Protection                   whose disclosure is restricted by statute.            to the EPA for approval. Most
     Agency (EPA) is taking direct final                     Do not submit information that you                    commonly, states must change their
     action to approve revisions to the State                consider to be CBI or otherwise                       programs because of changes to the
     of Utah’s Underground Storage Tank                      protected through http://                             EPA’s regulations in 40 Code of Federal
     (UST) program submitted by the State.                   www.regulations.gov, or email. The                    Regulations (CFR) part 280. States can
     The EPA has determined that these                       federal http://www.regulations.gov                    also initiate changes on their own to
     revisions satisfy all requirements                      website is an ‘‘anonymous access’’                    their underground storage tank program
     needed for program approval. This                       system, which means the EPA will not                  and these changes must then be
     action also codifies the EPA’s approval                 know your identity or contact                         approved by the EPA.
     of Utah’s state program and incorporates                information unless you provide it in the
                                                                                                                   B. What decisions has the EPA made in
     by reference those provisions of the                    body of your comment. If you send an
                                                                                                                   this rule?
     State’s regulations that we have                        email comment directly to the EPA
                                                             without going through http://                            On February 28, 2018, in accordance
     determined meet the requirements for                                                                          with 40 CFR 281.51(a), Utah submitted
     approval. The State’s federally-                        www.regulations.gov, your email
                                                             address will be automatically captured                a complete program revision application
     authorized and codified UST program,                                                                          seeking the EPA approval for its UST
     as revised pursuant to this action, will                and included as part of the comment
                                                             that is placed in the public docket and               program revisions (State Application).
     remain subject to the EPA’s inspection                                                                        Utah’s revisions correspond to the EPA
                                                             made available on the internet. If you
     and enforcement authorities under                                                                             final rule published on July 15, 2015 (80
                                                             submit an electronic comment, the EPA
     sections 9005 and 9006 of RCRA subtitle                                                                       FR 41566), which revised the 1988 UST
                                                             recommends that you include your
     I and other applicable statutory and                                                                          regulations and the 1988 state program
                                                             name and other contact information in
     regulatory provisions.                                                                                        approval (SPA) regulations (2015
                                                             the body of your comment and with any
     DATES: This rule is effective January 4,                disk or CD–ROM you submit. If the EPA                 Federal Revisions). As required by 40
     2019, unless the EPA receives adverse                   cannot read your comment due to                       CFR 281.20, the State Application
     comment by December 5, 2018. If EPA                     technical difficulties, and cannot                    contains the following: A transmittal
     receives adverse comment, it will                       contact you for clarification, the EPA                letter from the Governor requesting
     publish a timely withdrawal in the                      may not be able to consider your                      approval, a description of the program
     Federal Register informing the public                   comment. Electronic files should avoid                and operating procedures, a
     that the rule will not take effect. The                 the use of special characters, any form               demonstration of the State’s procedures
     incorporation by reference of certain                   of encryption, and be free of any defects             to ensure adequate enforcement, a
     publications listed in the regulations is               or viruses.                                           Memorandum of Agreement outlining
     approved by the Director of the Federal                    You can view and copy the                          the roles and responsibilities of the EPA
     Register, as of January 4, 2019, in                     documents that form the basis for this                and the implementing agency, a
     accordance with 5 U.S.C. 552(a) and 1                   action and associated publicly available              statement of certification from the
     CFR part 51.                                            materials from 8:30 a.m. to 4:00 p.m.                 Attorney General, and copies of all
     ADDRESSES: Submit your comments by                      Monday through Friday at the following                relevant state statutes and regulations.
     one of the following methods:                           location: EPA Region 8, 1595 Wynkoop                  We have reviewed the State Application
        1. Federal eRulemaking Portal: http://               Street, Denver, Colorado 80202–1129,                  and determined that the revisions to
     www.regulations.gov. Follow the online                  phone number (303) 312–6284.                          Utah’s UST program are equivalent to,
     instructions for submitting comments.                   Interested persons wanting to examine                 consistent with, and no less stringent


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Document Created: 2018-11-03 00:28:12
Document Modified: 2018-11-03 00:28:12
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 8 p.m. through 11:30 p.m. on November 8, 2018.
ContactIf you have questions on this rule, call or email Lieutenant Commander Christian Barger, Sector Upper Mississippi River Waterways Management Division, U.S. Coast Guard; telephone 314-269-2560, email [email protected]
FR Citation83 FR 55284 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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