[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Rules and Regulations]
[Pages 52188-52190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21373]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0704]
RIN 1625-AA00


Safety Zone; Upper Mississippi River MM 180.0 to 180.5; St. 
Louis, 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 Upper Mississippi River, surface to bottom, between 
mile 180.0 and 180.5. This temporary safety zone is necessary to 
protect persons and property from potential damage and safety hazards 
during Lumiere Place Fireworks displays. During the periods of 
enforcement, no vessels may be located within the Coast Guard safety 
zone. Entry into this Coast Guard safety zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Upper 
Mississippi River or other designated representative.

DATES: This rule is effective from 9:30 p.m. to 10:30 p.m. on August 
29, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0704. 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 LCDR S.M. Peterson, Chief of Prevention, U.S. Coast 
Guard; telephone (314) 269-2332, 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

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

[[Page 52189]]

notice of proposed rulemaking (NPRM) with respect to this rule. This 
event was originally scheduled to occur between July 2 and 4, 2015. 
However, due to high water, the event was rescheduled. The Coast Guard 
did not receive notice of the new event date until July 17, 2015 and 
could not complete the full notice and comment process prior to the 
date of the event. However, due to the potential hazards associated 
with fireworks displays, a safety zone is required to protect persons 
and property on the waterway during the displays. Completing the notice 
and comment period is impracticable because it would unnecessarily 
delay this rule and the immediate safety measures it provides. 
Additionally, delaying the effective date for this safety zone would be 
contrary to public interest.
    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 August 29, 2015. This display 
will feature fireworks being launched from a barge located in the 
navigable channel between miles 180.0 and 180.5 on the Upper 
Mississippi River in the St. Louis Harbor. 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; 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, which 
collectively authorize the Coast Guard to establish and define 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 Coast Guard is establishing a temporary safety zone from 9:30 
p.m. to 10:30 p.m. on August 29, 2015, for the Lumiere Place fireworks 
display. The fireworks will be launched from a barge located within the 
navigational channel and the safety zone will include all waters 
between Upper Mississippi River miles 180.0 and 180.5. 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 this 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 these statutes and 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 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 
Notice to Mariners, Local Notices to Mariners, and/or Safety Marine 
Information Broadcasts as appropriate. Deviation from this rule may be 
requested from the COTP Sector Upper Mississippi River 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 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 safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
safety zone would be activated, and thus subject to enforcement, for 
only one hour. Although the safety zone would apply to the entire width 
of the river, traffic may be allowed to pass through the zone with the 
permission of the COTP. Before the activation of the zone, we would 
issue maritime advisories widely available to users of the river.

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

[[Page 52190]]

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 an 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 Lumiere Place Fireworks display taking place on or 
over the Upper Mississippi 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 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; 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. Temporary Sec.  165.T08-0540 is added to read as follows:


Sec.  165.T08-0540  Safety Zone; Upper Mississippi River between MM 
180.0 and 180.5; St. Louis, MN.

    (a) Location. The following area is a safety zone: All waters of 
the Upper Mississippi River between MM 180.0 and 180.5, St. Louis, MO, 
extending the entire width of the river.
    (b) Effective dates. This rule is effective from 9:30 p.m. to 10:30 
p.m. on August 29, 2015.
    (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 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 
Upper Mississippi River or a designated representative. They may be 
contacted on VHF-FM Channel 16, or through Coast Guard Sector Upper 
Mississippi River at (314) 269-2332.
    (3) All persons and vessels shall comply with the instruction of 
the COTP Upper Mississippi River and designated on-scene personnel.
    (d) Informational Broadcasts. The COTP Upper Mississippi River or a 
designated representative will inform the public through Broadcast 
Notice to Mariners, Local Notice to Mariners, and/or Safety Marine 
Information Broadcasts 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: August 13, 2015.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2015-21373 Filed 8-27-15; 8:45 am]
BILLING CODE 9110-04-P