[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34280-34282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12712]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0354]
RIN 1625-AA00


Safety Zones; Upper Mississippi River Between Mile 179.2 and 
180.5, St. Louis, MO and Between Mile 839.5 and 840, St. Paul, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing four temporary safety zones 
for two areas of the Upper Mississippi River (UMR); three safety zones 
between UMR mile 179.2 and 180.5, and one between UMR mile 839.5 to 
840. These temporary safety zones are necessary to protect persons and 
property from potential damage and safety hazards during fireworks 
displays on or over the navigable waterway. During the period of 
enforcement, entry into these safety zones 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 7:45 p.m. on June 2, 2016 until 
10:30 p.m. on July 4, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0354 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 LCDR Sean Peterson, Chief of Prevention, Sector Upper 
Mississippi River, U.S. Coast Guard; telephone 314-269-2332, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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 finds good cause 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 these rules because fireworks displays on or over the 
navigable waterway poses safety concerns for waterway users. In this 
case, the Coast Guard was not notified of the fireworks displays until 
April 26, 2016 and May 16, 2016. After full review of the details for 
the planned and locally advertised displays, the Coast Guard determined 
action is needed to protect people and property from the safety hazards 
associated with the fireworks displays on the UMR near St. Louis, MO 
and St. Paul, MN. It is impracticable to publish an NPRM because we 
must establish these safety zones by June 2 and 11, and July 3 and 4, 
2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making the rule effective less 
than 30 days after publication in the Federal Register. Delaying the 
effective date of the rule is contrary to the public interest as it 
would delay the effectiveness of the temporary safety zones needed to 
respond to potential related safety hazards until after the planned 
fireworks displays. This rule does provide approximately 7 to 30 days 
notice for the four safety zones related to the four planned fireworks 
displays on the UMR near St. Louis, MO and St. Paul, MN.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
fireworks displays taking place on or over these sections of navigable 
waterway will be a safety concern for anyone within the areas that are 
designated as the safety zones. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zones during the fireworks displays.

IV. Discussion of the Rule

    This rule establishes four safety zones as follows:
    (1) From 7:45 p.m. until 9 p.m. on June 2, 2016, for the Ribbon 
Cutting Celebration for the Completion of the Riverfront Component for 
the Great Rivers Greenway barge based fireworks display, all waters of 
the UMR from mile 179.2 to 180;
    (2) from 9 p.m. until 11 p.m. on June 11, 2016, for the St. Louis 
Brewers Guild barge based fireworks display, all waters of the UMR from 
mile 179.2 to 180.5;
    (3) from 8:30 p.m. until 11 p.m. on July 3, 2016, for the Lumiere 
Place July 3, 2016 barge based fireworks display, all waters of the UMR 
from mile 180 to 180.5; and
    (4) from 10 p.m. until 10:30 p.m. on July 4, 2016, for the City of 
St. Paul July 4th Celebration, all waters of the UMR from mile 839.5 to 
840.
    Exact times of the closures and any changes to the planned 
scheduled will be communicated to mariners using Broadcast Notices to 
Mariners and Local Notices to Mariners. The safety zones are intended 
to protect personnel, vessels, and the marine environment in these 
navigable waters during the fireworks displays. No vessel or person 
will be permitted to enter the safety zones without obtaining 
permission from the COTP or a designated representative.

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 13563 emphasizes the

[[Page 34281]]

importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. These rules have 
not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, they have not been reviewed by the 
Office of Management and Budget.
    This temporary final rule establishes four safety zones, each of 
which will be enforced for a limited time period. During the 
enforcement periods, vessels are prohibited from entering into or 
remaining within the safety zones unless specifically authorized by the 
COTP or other designated representative. Based on the locations, 
limited safety zone sizes, and short duration of the enforcement 
periods, these rules do not pose a significant regulatory impact. 
Additionally, notice of the safety zones or any changes in the planned 
schedules will be made via Broadcast Notices to Mariners and Local 
Notices to Mariners. Deviation from these rules may be requested from 
the COTP or other designated representative and will be considered on a 
case-by-case basis.

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 
safety zones may be small entities, for the reasons stated in section 
V.A. above, these rules 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 these rules. If the rules 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 the 
actions are one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves safety zones, each lasting less than three hours that 
will limit access to specific areas on the UMR. These safety zones are 
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.

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, and 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.T08-0354 to read as follows:


Sec.  165.T08-0354  Safety zones; Upper Mississippi River between mile 
179.2 and 180.5; St. Louis, MO and between mile 839.5 and 840, St. 
Paul, MN.

    (a) Safety zones. The following areas are safety zones:
    (1) Great Rivers Greenway fireworks display, St. Louis, MO:

[[Page 34282]]

    (i) Location. All waters of the Upper Mississippi River from mile 
179.2 to 180.
    (ii) Enforcement period. This safety zone will be enforced from 
7:45 p.m. until 9 p.m. on June 2, 2016;
    (2) St. Louis Brewers Guild fireworks display, St. Louis, MO:
    (i) Location. All waters of the Upper Mississippi River from mile 
179.2 to 180.5.
    (ii) Enforcement period. This safety zone will be enforced from 9 
p.m. until 11 p.m. on June 11, 2016;
    (3) Lumiere Place fireworks display, St. Louis, MO:
    (i) Location. All waters of the Upper Mississippi River from mile 
180 to 180.5.
    (ii) Enforcement period. This safety zone will be enforced from 
8:30 p.m. until 11 p.m. on July 3, 2016; and
    (4) City of St. Paul July 4th Celebration, St. Paul MN.
    (i) Location. All waters of the Upper Mississippi River from mile 
839.5 to 840.
    (ii) Enforcement period. This safety zone will be enforced from 10 
p.m. until 10:30 p.m. on July 4, 2016.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port (COTP) Upper Mississippi River in the enforcement 
of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zones described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or designated 
representative via 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 and designated on-scene personnel.
    (d) Information Broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners, Local 
Notices 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: May 19, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2016-12712 Filed 5-27-16; 8:45 am]
BILLING CODE 9110-04-P