[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Rules and Regulations]
[Pages 46258-46260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18342]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0410]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Mile 662.8 to 663.9

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Upper Mississippi River, from mile 662.8 to 663.9, 
extending the entire width of the river. This safety zone is needed to 
protect vessels transiting through the area on the Upper Mississippi 
River. 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 8:30 p.m. until 10 p.m. on August 
10, 2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2013-0410 and are available online 
by going to http://www.regulations.gov and following the instructions 
on that Web site. If you do not have access to the internet, you may 
view the docket by visiting the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We 
have an agreement with the Department of Transportation to use the 
Docket Management Facility.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Lieutenant Colin

[[Page 46259]]

Fogarty, Sector Upper Mississippi River Response Department at 
telephone 314-269-2546, email [email protected]. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 notice 
from Lansing Lions Club on May 1, 2013, stating that they will be 
conduct a barge based fireworks shoot on the Mississippi River. 
Completing the NPRM process is impracticable as it would delay the 
necessary safety zone required to protect participants and event 
personnel from hazards associated with a barge based fireworks shoot on 
the Mississippi River. Delaying this rule by completing the NPRM 
process is also impracticable as it would interfere with and delay the 
planned event and possibly interfere with contractual obligations.
    For the same reasons, 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 
by providing 30 days notice would be impracticable and contrary to the 
public interest because immediate action is needed to protect persons 
and property from the possible hazards present during such a high 
volume gathering of vessels on the Mississippi River for this event.

B. Basis and Purpose

    On August 10, 2013, the Lansing Lions Club will conduct a barge 
based fireworks shoot in the vicinity of mile 662.8 to 663.9 on the 
Upper Mississippi River. Anticipated traffic on the river presents 
safety hazards to vessels and participants navigating in the vicinity 
of mile 662.8 to 663.9. The Captain of the Port determined that a 
safety zone is necessary to protect persons and property from these 
hazards. The legal basis and authorities for this rule are found in 33 
U.S.C. 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; Public Law 107-295, 116 Stat. 
2064; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone for all waters of the 
Upper Mississippi River, from mile 662.8 to 663.9, extending the entire 
width of the river. Entry into this zone is prohibited to all vessels 
and persons except persons and vessels specifically authorized by the 
Captain of the Port Upper Mississippi River or designated 
representative. This rule is effective on August 10, 2013, from 8:30 
p.m. until 10 p.m. for all waters from mile 662.8 to 663.9. The Captain 
of the Port Upper Mississippi River will inform the public of changes 
to the enforcement period via broadcast notice to mariners and local 
notice to mariners.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security. This rule will be in effect for a limited time 
period on one day and notifications to the marine community will be 
made by local notice to mariners, and subsequent notifications through 
broadcast notice to mariners. Deviation from the rule may be requested 
and will be considered on a case-by-case basis by the Captain of the 
Port or a designated representative. The impacts on routine navigation 
are expected to be minimal.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during the rulemaking. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities.
    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 662.8 to 663.9 from 8:30 p.m. until 
10 p.m. on August 10, 2013. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
because this rule will be in effect for a limited time period and 
notifications to the marine community will be made by local notice to 
mariners, and subsequent notifications through broadcast notice to 
mariners. Deviation from the rule may be requested and will be 
considered on a case-by-case basis by the Captain of the Port or a 
designated representative.
    If you are a small business entity and are significantly affected 
by this regulation, please contact LT Colin Fogarty, Sector Upper 
Mississippi River Response Department at telephone 314-269-2546, email 
[email protected].

3. Assistance for Small Entities

    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, 
above.
    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.

[[Page 46260]]

4. 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).

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 establishing a safety zone, requiring a 
permit wherein an analysis of the environmental impact of the 
regulations was performed. This rule is categorically excluded, under 
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination 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 
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; 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. Add Sec.  165.T08-0410 to read as follows:

Sec.  165.T08-0410  Safety Zone; Upper Mississippi River, Mile 662.8 to 
663.9.

    (a) Location. The following area is a safety zone: All waters of 
the Upper Mississippi River, mile 662.8 to 663.9, extending the entire 
width of the waterway.
    (b) Effective Date. This rule is effective and enforceable on 
August 10, 2013.
    (c) Periods of Enforcement. This rule will be enforced during the 
following time period: From 8:30 p.m. until 10 p.m. for all waters from 
mile 662.8 to 663.9. The Captain of the Port Upper Mississippi River 
will inform the public of the enforcement periods via local notice to 
mariners and subsequent changes by 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: July 10, 2013.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2013-18342 Filed 7-30-13; 8:45 am]
BILLING CODE 9110-04-P