[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36171-36174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13239]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1079]
RIN 1625-AA00


Safety Zones; Sector Upper Mississippi River Annual and Recurring 
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with requests for comments.

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SUMMARY: The Coast Guard is amending and updating its annual and 
recurring safety zones that take place in the Coast Guard Sector Upper 
Mississippi River area of responsibility (AOR). This regulation informs 
the public of regularly scheduled events that require additional safety 
measures through establishing a safety zone. Through this interim rule 
the current list of recurring safety zones is updated with revisions, 
additional events, and removal of events that no longer take place; and 
we are requesting comments on additional changes necessary to update 
the permanent list of recurring safety zones in Sector Upper 
Mississippi River's AOR. When these safety zones are enforced, vessel 
traffic is restricted from specified areas. Additionally, this one 
rulemaking project serves to provide notice of the known recurring 
safety zones throughout the year.

DATES: This rule is effective June 11, 2016. Comments and related 
material must be received by the Coast Guard on or before June 27, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1079 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, U.S. Coast 
Guard; telephone 314-269-2332, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

AOR Area of Responsibility
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

    On April 8, 2016, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Safety Zones; Sector Upper Mississippi River 
Annual and Recurring Safety Zones Update (81 FR 20592). There we stated 
why we issued the NPRM, and invited comments on our proposed regulatory 
action related to this fireworks display. During the comment period 
that ended May 9, 2016, we received information from event sponsors 
providing updated locations for 2 of the events listed in the NPRM. 
Therefore, we are requesting comments through this interim rule related 
to these two location changes before issuing a final rule. These 
changes are discussed further below.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Though we are not 
providing a full 30 day notice period, the Coast Guard did provide 
notice and opportunity to comment through the NPRM process and is now 
providing five days notice before the first updated recurring safety 
zone enforcement is required the weekend of June 11-12. It is 
impracticable to provide a full 30-days notice because this rule must 
be effective June 11, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port (COTP) Upper Mississippi River has 
determined that potential hazards associated with the recurring events 
will cause safety concerns. The purpose of this rule is to ensure 
safety of vessels and the navigable waters in the safety zones, before, 
during, and after the scheduled events.

IV. Discussion of Comments, Changes, and the Interim Rule

    As noted above, during the comment period for our NPRM that 
published April 8, 2016, we received information from event sponsors 
updating the location for two events. This information lead to the need 
to propose changes to the location details for two of the recurring 
safety zones listed in the NPRM. Therefore, there are two new proposed 
changes to the regulatory text of this rule that are different from the 
proposed rule in the NPRM. The first corrects the location of event 
number 14; Prairie du Chien Area Chamber Fireworks, taking place 
annually on one day during the second weekend of July. The location 
listed in the proposed rule was Upper Mississippi River mile marker 
633.8 to 634.2; the correct location for this event is Upper 
Mississippi River mile marker 635.2 to 635.7. The second corrects the 
location of event number 31; Hermann 4th of July event taking place one 
day over the 4th of July weekend. The location listed in the proposed 
rule was Missouri River mile marker 99.0 to 98.0; the correct location 
for this event is Missouri River mile marker 97.0 to 98.0.
    All other changes, removals, and additions proposed under the NPRM 
remain the same as listed in the proposed rule. This interim rule 
establishes recurring safety zones to restrict vessel transit into and 
through specified areas to protect spectators, mariners, and other 
persons and property from potential hazards presented during certain 
events taking place in Sector Upper Mississippi River's AOR. This 
interim rule amends, updates, and replaces Table 2 in 33 CFR 165.801, 
and requests comments on two additional changes as discussed above 
before issuing a final rule. No vessel or person will be permitted to 
enter the safety zones without first 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 importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.

[[Page 36172]]

    This rule establishes safety zones limiting access to certain areas 
under 33 CFR 165 within Sector Upper Mississippi River's AOR. The 
effect of this proposed rulemaking will not be significant because 
these safety zones are limited in scope and duration. Additionally, the 
public is given advance notification through local forms of notice, the 
Federal Register, and/or Notices of Enforcement and thus will be able 
to plan operations around the safety zones in advance. Deviation from 
the safety zones established through this rulemaking may be requested 
from the COTP Upper Mississippi River or a designated representative 
and requests 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 received no comments from the Small Business 
Administration on this 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule 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 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 
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.

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 
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 safety zones limiting access to certain area 
under 33 CFR part 165 within Sector Upper Mississippi River's AOR. It 
is categorically excluded from further review 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. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this interim rule or the preceding NPRM as 
being available in the docket, and all public

[[Page 36173]]

comments, will be in our online docket at http://www.regulations.gov 
and can be viewed by following that Web site's instructions. 
Additionally, if you go to the online docket and sign up for email 
alerts, you will be notified when comments are posted or a final rule 
is published.

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. Amend Sec.  165.801 by revising Table 2 to read as follows:


Sec.  165.801  Annual fireworks displays and other events in the Eighth 
Coast Guard District requiring safety zones.

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           Table 2 of Sec.   165.801--Sector Upper Mississippi River Annual and Recurring Safety Zones
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                                                                     Sector Upper
               Date                        Sponsor/name           Mississippi River           Safety zone
                                                                       location
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1. 1 day--4th weekend of July.....  Marketing Minneapolis LLC/  Minneapolis, MN......  Upper Mississippi River
                                     Target Aquatennial                                 mile marker 853.2 to
                                     Fireworks.                                         854.2.
2. 1 day--4th of July weekend.....  Radio Dubuque/Radio         Dubuque, IA..........  Upper Mississippi River
                                     Dubuque Fireworks and Air                          mile marker 581.0 to
                                     show.                                              583.0.
3. 1 day--2nd weekend of June.....  City of Champlin/Father     Champlin, MN.........  Upper Mississippi River
                                     Hennepin Fireworks                                 mile marker 870.5 to
                                     Display.                                           872.0.
4. 1 day--4th of July weekend.....  Downtown Main Street/       Red Wing, MN.........  Upper Mississippi River
                                     Mississippi Alumination.                           mile marker 790.8 to
                                                                                        791.2.
5. 1 day--4th of July weekend.....  Tan-Tar-A Resort/Tan-Tar-A  Lake of the Ozarks,    Lake of the Ozarks mile
                                     4th of July Fireworks.      MO.                    marker 025.8 to 026.2.
6. 1 day--1st weekend of September  Tan-Tar-A Resort/Tan-Tar-A  Lake of the Ozarks,    Lake of the Ozarks mile
                                     Labor Day Fireworks.        MO.                    marker 025.8 to 026.2.
7. 1 day--Last Sunday in May......  Tan-Tar-A Resort/Tan-Tar-A  Lake of the Ozarks,    Lake of the Ozarks mile
                                     Memorial Day fireworks.     MO.                    marker 025.8 to 026.2.
8. 1 day--4th of July weekend.....  Lake City Chamber of        Lake City, MN........  Upper Mississippi River
                                     Commerce/Lake City 4th of                          mile marker 772.4 to
                                     July Fireworks.                                    772.8.
9. 1 day--4th of July weekend.....  Greater Muscatine Chamber   Muscatine, IA........  Upper Mississippi River
                                     of Commerce/Muscatine 4th                          mile marker 455.0 to
                                     of July.                                           456.0.
10. 1 day--Last weekend in June/    Friends of the River        Kansas City, KS......  Missouri River mile
 First weekend in July.              Kansas City/KC Riverfest.                          marker 364.8 to 365.2.
11. 1 day--4th of July weekend....  Louisiana Chamber of        Louisiana, MO........  Upper Mississippi River
                                     Commerce/Louisiana July                            mile marker 282.0 to
                                     4th Fireworks.                                     283.0.
12. 1 day--4th of July weekend....  Guttenberg Development and  Guttenberg, IA.......  Upper Mississippi River
                                     Tourism/Stars and Stripes                          mile marker 615.0 to
                                     River Day.                                         615.5.
13. 4 days--1st or 2nd week of      Riverfest, Inc./La Crosse   La Crosse, WI........  Upper Mississippi River
 July.                               Riverfest.                                         mile marker 697.5 to
                                                                                        698.5 (Wisconsin).
14. 1 day--2nd weekend in July....  Prairie du Chien Area       Prairie du Chien, WI.  Upper Mississippi River
                                     Chamber of Commerce/                               mile marker 635.2 to
                                     Prairie du Chien Area                              635.7.
                                     Chamber Fireworks.
15. 1 day--4th of July weekend....  JMP Radio/Red White and     Peoria, IL...........  Illinois River mile
                                     Boom Peoria.                                       marker 162.5 to 162.1.
16. 1 day--Last weekend in June/    Hudson Boosters/Hudson      Hudson, WI...........  St. Croix River mile
 First weekend in July.              Booster Days.                                      marker 016.8 to 017.2.
17. 2 days--4th of July weekend...  City of St. Charles/St.     St. Charles, MO......  Missouri River mile
                                     Charles Riverfest.                                 marker 028.2 to 028.8.
18. 1 day--4th of July weekend....  Minneapolis Park and        Minneapolis, MN......  Upper Mississippi River
                                     Recreation Board/Red,                              mile marker 853.5 to
                                     White, and Boom                                    854.5.
                                     Minneapolis.
19. 1 day--4th of July weekend....  Davenport One Chamber/Red   Davenport, IA........  Upper Mississippi River
                                     White and Boom.                                    mile marker 482.0 to
                                                                                        482.7.
20. 2 days--3rd weekend of July...  Amelia Earhart Festival     Kansas City, KS......  Missouri River mile
                                     Committee/Amelia Earhart                           marker 422.0 to 424.5.
                                     Festival.
21. 1 day--4th of July weekend....  Alton Exposition            Alton, IL............  Upper Mississippi River
                                     Commission/Mississippi                             mile marker 202.5 to
                                     Fireworks Festival.                                203.0.
22. 1 day--3rd Sunday in June.....  Burlington Steamboat Days/  Burlington, IA.......  Upper Mississippi River
                                     Burlington Steamboat Days.                         mile marker 403.5 to
                                                                                        404.5.
23. 1 day--Last Sunday in May.....  Lodge of the Four Seasons/  Lake of the Ozarks,    Lake of the Ozarks mile
                                     Lodge of the Four Seasons   MO.                    marker 013.8 to 014.2.
                                     Memorial Day Fireworks.
24. 1 day--First weekend of         Lodge of the Four Seasons/  Lake of the Ozarks,    Lake of the Ozarks mile
 September.                          Labor Day Fireworks.        MO.                    marker 013.8 to 014.2.
25. 1 day--4th of July weekend....  Lodge of the Four Seasons/  Lake of the Ozarks,    Lake of the Ozarks mile
                                     Lodge of the Four Seasons   MO.                    marker 013.8 to 014.2.
                                     4th of July.
26. 2 days--3rd weekend in July...  Hasting Riverboat Days/     Hasting, MN..........  Upper Mississippi River
                                     Rivertown Days.                                    mile marker 813.7 to
                                                                                        815.2.

[[Page 36174]]

 
27. 1 day--Sunday of Father's Day   Winona Steamboat Days/      Winona, MN...........  Upper Mississippi River
 weekend.                            Winona Steamboat Days                              mile marker 725.4 to
                                     Fireworks.                                         725.7.
28. 3 days--4th of July weekend...  Fair of St. Louis/Fair St.  St. Louis, MO........  Upper Mississippi River
                                     Louis.                                             mile marker 179.2 to
                                                                                        180.0.
29. 1 day--Last weekend in June/    Bellevue Heritage Days/     Bellevue, IA.........  Upper Mississippi River
 First weekend in July.              Bellevue Heritage Days.                            mile marker 556.0 to
                                                                                        556.5.
30. 1 day--4th of July weekend....  Main Street Parkway         Parkville, MO........  Missouri River mile
                                     Association/Parkville 4th                          marker 378.0 to 377.5.
                                     of July Fireworks.
31. 1 day--4th of July weekend....  Hermann Chamber of          Hermann, MO..........  Missouri River mile
                                     Commerce/Hermann 4th of                            marker 097.0 to 098.0
                                     July.                                              (Missouri).
32. 1 day--4th of July weekend....  Grafton Chamber of          Grafton, IL..........  Illinois River mile
                                     Commerce/Grafton Chamber                           marker 001.5 to 000.5
                                     4th of July Fireworks.                             (Illinois).
33. 1 day--4th of July weekend....  Salute to America           Jefferson City, MO...  Missouri River mile
                                     Foundation, Inc./Salute                            marker 143.5 to 143.0
                                     to America.                                        (Missouri).
34. 1 day--4th of July weekend....  McGregor/Marquette Chamber  McGregor, IA.........  Upper Mississippi River
                                     Commerce/Independence Day                          mile marker 635.7 to
                                     Celebration.                                       634.2.
35. 2 days--2nd weekend in August.  Tug Committee/Great River   Port Byron, IL.......  Upper Mississippi River
                                     Tug.                                               mile marker 497.2 to
                                                                                        497.6 (Illinois).
36. 1 day--4th of July weekend....  City of Stillwater/St.      Stillwater, MN.......  St. Croix River mile
                                     Croix Events/Stillwater                            marker 022.9 to 023.5
                                     4th of July.                                       (Minnesota).
37. 2 days--3rd weekend of          Riverside Chamber of        Riverside, MO........  Missouri River mile
 September.                          Commerce/Riverfest.                                marker 371.8 to 372.2.
38. 4 days--3rd week of July......  St. Croix Events/           Stillwater, MN.......  St. Croix River mile
                                     Lumberjack Days.                                   marker 022.9 to 023.5
                                                                                        (Minnesota).
39. 2 days--Weekend that precedes   Lake of the Ozarks          Lake of the Ozarks,    Lake of the Ozarks mile
 Labor Day Weekend.                  Shootout, Inc./Lake of      MO.                    marker 032.5 to 034.5.
                                     the Ozarks Shootout.
40. 2 days--1st weekend of          City of Keithsburg/         Keithsburg, IL.......  Upper Mississippi River
 September.                          Keithsburg Fireworks                               mile marker 427.5 to
                                     Display.                                           427.3.
41. 1 day--4th of July weekend....  City of East Moline/City    East Moline, IA......  Upper Mississippi River
                                     of East Moline Fireworks.                          mile marker 490.2 to
                                                                                        489.8.
42. 2nd Weekend in August.........  Lansing Lion's Club/        Lansing, IA..........  Upper Mississippi River
                                     Lansing Fish Days                                  mile marker 662.8-663.9.
                                     Fireworks.
43. 3rd Weekend in August.........  River Action/Floatzilla...  Rock Island, Illinois  Upper Mississippi River
                                                                                        mile marker 479.0-486.0.
44. 1 day--Weekend before           Main Street Parkway         Parkville, MO........  Missouri River mile
 Thanksgiving.                       Association/Parkville                              marker 377.5 to 378.0.
                                     Christmas on the River.
45. 2 days--A weekend in September  St. Louis Drag Boat         New Athens, IL.......  Kaskaskia River mile
                                     Association/New Athens                             marker 119.7 to 120.3.
                                     Drag Boat Race.
46. 1 day--4th of July weekend....  City of Marquette/          Marquette, IA........  Upper Mississippi River
                                     Marquette Independence                             mile marker 634.2 to
                                     Day Celebration.                                   635.7.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: May 26, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2016-13239 Filed 6-3-16; 8:45 am]
 BILLING CODE 9110-04-P