[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Rules and Regulations]
[Pages 56489-56491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22431]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0700]
RIN 1625-AA00


Safety Zone; Riverside Music Festival, Missouri River, Mile 
372.0; Riverside, MO

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 Missouri River, covering all waters within a 700 foot 
radius of the barge located at mile 372.0. This temporary safety zone 
is necessary to protect persons and property from potential damage and 
safety hazards during the Riverside Music Festival. Entry into, transit 
through or remaining within this zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) Upper Mississippi River or 
a designated representative.

DATES: This rule is effective from 09:00 p.m. to 11:30 p.m. on 
September 20, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0700. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Matt Marler, U.S. Coast Guard; telephone 314-269-
2546, email [email protected]. If you have questions on viewing 
or submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

COTP Captain of the Port
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 publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. The Coast Guard was made aware of the event 
on June 12, 2014. An event involving fireworks on or over the Missouri 
River presents potential hazards and a safety zone is required to 
protect persons and property on or near the waterway during the 
displays. Completing the NPRM process and providing notice and a 
comment period is contrary to the public interest because it would 
unnecessarily delay this rule and the immediate safety measures it 
provides. Additionally, delaying the effective date for this safety 
zone to complete the NPRM process would interfere with the planned 
display and would unnecessarily interfere with contractual obligations 
related to this event.
    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. Providing a full 30 
days notice would be impracticable and would unnecessarily delay the 
effective date of this rule. Delaying the effective date would also be 
contrary to public interest since immediate action is necessary to 
protect persons and property from potential hazards associated with 
fireworks displays over or on the Upper Mississippi River.

B. Basis and Purpose

    A fireworks display is scheduled for September 20, 2014. This 
safety zone encompasses all waters extending 700 feet in all directions 
of the barge located at mile marker 372.0 on the Missouri River at 
Riverside, MO. The Coast Guard determined that a safety zone is 
necessary to keep persons and property clear of any potential hazards 
associated with the launching of fireworks on or over the waterway.
    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.
    The purpose of the rule is to establish the necessary temporary 
safety zone to provide protection for persons and property, including 
spectators, commercial and recreational vessels, and others that may be 
in the area during the noticed fireworks display times from the hazards 
associated with the fireworks display on and over the waterway.

C. Discussion of the Final Rule

    The COTP Upper Mississippi River is establishing a temporary safety 
zone from 9:00 p.m. to 11:30 p.m. on September 20, 2014 for the 
Riverside Music Festival. The fireworks will be launched from a barge 
located within the navigable channel and the safety zone will include 
all waters extending 700 feet in all directions at River mile marker 
372.0. The Coast Guard will enforce the temporary safety zone and may 
be assisted by other federal, state and local agencies and the Coast 
Guard Auxiliary. During the periods of enforcement, no vessels may 
transit into, through, or remain within this Coast Guard safety zone. 
Deviation from the safety zone may be requested by contacting the COTP 
Upper Mississippi River or other designated representative. Deviations 
will be considered on a case-by-case basis.

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 those Orders. This temporary final 
rule establishes a safety zone that will be enforced for a limited time 
period. During the enforcement period, vessels are prohibited from 
entering into or remaining within the safety zone unless specifically 
authorized by the COTP Upper Mississippi River or other

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designated representative. Based on the location, limited safety zone 
size, and short duration of the enforcement period, this rule does not 
pose a significant regulatory impact. Additionally, notice of this 
safety zone or any changes in the planned schedule will be made via 
Broadcast Notices to Mariners, Local Notices to Mariners, and/or Marine 
Safety Information Bulletins as appropriate. Deviation from this rule 
may be requested from the COTP Sector Upper Mississippi and will be 
considered on a case-by-case basis.

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 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.
    This rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor at Missouri River mile 372.0, from 9:00 p.m. to 11:30 
p.m. on September 20, 2014. This safety zone would not have a 
significant economic impact on a substantial number of small entities 
because it is limited in size and will be enforced for a limited time 
period. The Coast Guard will provide notice of enforcement and changes 
in the planned schedule through Broadcast Notices to Mariners, Local 
Notices to Mariners, and/or Marine Safety Information Bulletins as 
appropriate.

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 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.

4. 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).

5. Federalism

    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 determined 
that this rule 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 (adjusted for 
inflation) 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 cause 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 
guide 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 establishment of a temporary safety 
zone to protect persons and property from potential hazards associated 
with the scheduled Riverside Music Festival Fireworks display taking 
place on or over the Missouri River. This rule is categorically 
excluded from further review under paragraph 34(g) 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. We seek any 
comments or information that may lead

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to the discovery of a significant environmental impact from this rule.

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. A new Sec.  165.T08-0700 is added to read as follows:


Sec.  165.T08-0700  Safety Zone; Riverside Music Festival, Missouri 
River, Mile 372.0, Riverside, MO.

    (a) Location. The following area is a temporary safety zone: All 
waters of the Missouri River, extending 700 feet in all directions on 
the Missouri River mile marker 372.0, at Riverside, MO.
    (b) Effective Dates and Enforcement Periods. This safety zone is 
effective and will be enforced from 9:00 p.m. to 11:30 p.m. on 
September 20, 2014.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, movement within, or departure 
from this zone is prohibited unless authorized by the Captain of the 
Port (COTP) Upper Mississippi River or a designated representative.
    (2) Persons or vessels requiring entry into, departure from, or 
movement within a regulated area must request permission from the COTP 
Sector Upper Mississippi or a designated representative. They may be 
contacted on VHF-FM Channel 13 or 16, or through Coast Guard Upper 
Mississippi River at 314-269-2500.
    (3) All persons and vessels shall comply with the instructions of 
the COTP Upper Mississippi River and designated on-scene U.S. Coast 
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel 
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast 
Guard.
    (d) Informational Broadcasts. The COTP Upper Mississippi River or a 
designated representative will inform the public through Broadcast 
Notices to Mariners, Local Notices to Mariners, and/or Marine Safety 
Information Bulletins as appropriate of the enforcement period for each 
safety zone as well as any changes in the planned and published dates 
and times of enforcement.

    Dated: July 29, 2014.
M. L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2014-22431 Filed 9-19-14; 8:45 am]
BILLING CODE 9110-04-P