[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Rules and Regulations]
[Pages 36316-36318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15621]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0385]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Mile 180.0 to 179.0

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Upper Mississippi River, from Mile 180.0 to 179.0, 
extending the entire width of the river. This safety zone is needed to 
protect persons, spectators, and vessels from safety hazards associated 
with a demonstration of Marine Corps combat capabilities. Entry into 
this zone is prohibited unless specifically authorized by the Captain 
of the Port Upper Mississippi River or a designated representative.

DATES: This rule is effective from 12 p.m. on June 23, 2011 through 6 
p.m. CDT on June 25, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0385 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0385 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m. EST, Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Chief Petty Officer Bryan Klostermeyer, 
Sector Upper Mississippi River Response Department at telephone (314) 
269-2566, e-mail [email protected]. If you have questions 
on viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 using the NPRM process. The Coast Guard received minimal 
notice that the Marine Corps demonstration, which did not allow for the 
time needed to publish a NPRM and provide for a comment period. 
Delaying this rule by publishing a NPRM would be impracticable and 
unnecessarily delay the scheduled demonstration. This rule is needed to 
protect vessels and mariners from the safety hazards associated with 
such a demonstration.
    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. The Coast Guard received minimal 
notice that the Marine Corps demonstration, which did not allow for a 
30-day notice period. Delaying this rule by providing 30 days notice 
would be impracticable and unnecessarily delay the scheduled 
demonstration. Delaying the rule's effective date would be 
impracticable because immediate action is needed to protect vessels and 
mariners from the safety hazards associated with a demonstration of 
Marine Corps combat capabilities.

Basis and Purpose

    From June 23 through June 25, 2011 the USMC 3rd Battalion, 24th 
Marines will conduct a series of demonstrations of Marine Corps combat 
capabilities between Mile 180.0 and 179.0 on the Upper Mississippi 
River. This event presents safety hazards to the navigation of vessels 
between Mile 180.0 and 179.0, extending the entire width of the river. 
To provide for the safety of the public, the Coast Guard will 
temporarily restrict access to this section of the Upper Mississippi 
River during the scheduled demonstrations.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone for all 
waters of the Upper Mississippi River, Mile 180.0 to 179.0, extending 
the entire width of the river. Entry into this zone is prohibited to 
all vessels and persons except participants and those persons and 
vessels specifically authorized by the Captain of the Port Upper 
Mississippi River. This rule is effective from 12 noon on June 23, 2011 
through 6 p.m. CDT on June 25, 2011. This rule will be enforced from 
3:30 p.m. until 5 p.m. CDT on June 23 and 24, 2011, and 1:30 p.m. until 
3 p.m. CDT on June 25, 2011. The Captain of the Port Upper Mississippi 
River will inform the public through broadcast notice to mariners of 
all safety zone requirements changes and enforcement periods.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    Although this regulation will restrict access to this area, the 
effect of the rule is not significant because: (1) This rule will be in 
effect for a limited time period and notifications to the marine 
community will be made through local notice to mariners; and (2) 
vessels may be permitted to transit the area by the Captain of the Port 
Upper Mississippi River or designated representative.

[[Page 36317]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit the Upper Mississippi River, Mile 180.0 to 179.0 after 12 noon 
on June 23, 2011 through 6 p.m. CDT on June 25, 2011. This safety zone 
will not have a significant economic impact on a substantial number of 
small entities because this rule will only be in effect for a limited 
period of time.
    If you are a small business entity and are significantly affected 
by this regulation, please contact Chief Petty Officer Bryan 
Klostermeyer, Sector Upper Mississippi River at (314) 269-2566.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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 businesses. 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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501--3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

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 (NEPA)(42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule establishes a temporary safety 
zone to protect the public from the dangers associated with the 
scheduled demonstrations of Marine Corps combat capabilities. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

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


[[Page 36318]]


    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. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A new temporary Sec.  165.T11-0385 is added to read as follows:


Sec.  165.T11-0385  Safety Zone; Upper Mississippi River, Mile 180.0 to 
179.0.

    (a) Location. The following area is a safety zone: all waters of 
the Upper Mississippi River, Mile 180.0 to 179.0 extending the entire 
width of the waterway.
    (b) Effective date. This rule is effective from 12 p.m. on June 23, 
2011 through 6 p.m. CDT on June 25, 2011.
    (c) Periods of enforcement. This rule will be enforced from 3:30 
p.m. until 5 p.m. CDT on June 23 and 24, 2011, as well as, 1:30 p.m. 
until 3 p.m. CDT on June 25, 2011. The Captain of the Port Upper 
Mississippi River will inform the public of the enforcement periods and 
any safety zone changes through broadcast notice to mariners.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Upper Mississippi River or a 
designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Upper 
Mississippi River or a designated representative. The Captain of the 
Port Upper Mississippi River representative may be contacted at (314) 
269-2332.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Upper Mississippi River or their designated 
representative. Designated Captain of the Port representatives include 
United States Coast Guard commissioned, warrant, and petty officers.

    Dated: May 25, 2011.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2011-15621 Filed 6-21-11; 8:45 am]
BILLING CODE 4910-15-P