[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Rules and Regulations]
[Pages 25962-25964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11621]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0300]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Minneapolis and St. Paul, 
MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Upper Mississippi River (UMR) between miles 846 and 847. This action is 
necessary to provide for the safety of life on these navigable waters 
near Minneapolis and St. Paul, MN during a rope pull event on June 10, 
2017. This temporary safety zone is necessary to protect persons and 
property from potential damage and safety hazards during a rope pull 
event across the UMR. During the period of enforcement, entry into the 
safety zone is prohibited unless specifically authorized by the Captain 
of the Port Upper Mississippi River (COTP) or a designated 
representative.

DATES: This rule is effective from 10 a.m. to 3 p.m. on June 10, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0300 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 about this 
rulemaking, 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

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
UMR Upper Mississippi River

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 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 because it is impracticable. We must 
establish this safety zone by June 10, 2017 and lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing the rule.

[[Page 25963]]

    During the hours of 10 a.m. to 3 p.m. on June 10, 2017, the 
sponsors of the ``Pulling Together'' event will be stretching a rope 
across the UMR from Minneapolis, MN to St. Paul, MN at river mile 846.5 
for multiple tug-of-war competitions. After full review of the details 
for event, the Coast Guard determined action is needed to protect 
people and property from the safety hazards associated with the rope 
pull event across the UMR in Minneapolis and St. Paul, MN.
    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. Delaying the effective 
date of the rule is contrary to the public interest as it would delay 
the security measures necessary to respond to potential safety hazards 
associated with the planned rope pull event.

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 
the rope pull event will be a safety concern before, during, and after 
the event. The purpose of this rule is to ensure safety of vessels, 
people and property on the navigable waters in the safety zone before, 
during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 a.m. to 3 p.m. on June 
10, 2017. The safety zone will cover all navigable waters between miles 
846 and 847 on the Upper Mississippi River (UMR) in Minneapolis and St. 
Paul, MN. Exact times of the closures and any changes to the planned 
schedule will be communicated to mariners using Broadcast and Local 
Notice to Mariners. There are at least two planned intermissions to the 
event, during which an event boat will be tending the rope to allow for 
vessel traffic to pass through the area of the closure, thus limiting 
the impact to vessel traffic affected by the closure. The safety zone 
is intended to ensure the safety of vessels on these navigable waters 
before, during and after the rope pull event. No vessel or person will 
be permitted to enter the safety zone without obtaining permission from 
the Captain of the Port Upper Mississippi River (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. 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 a safety zone impacting a one 
mile area on the UMR for a limited time period of five hours. During 
the enforcement period, vessels are prohibited from entering into or 
remaining within the safety zone unless specifically authorized by the 
COTP or other designated representative. Based on the location, limited 
safety zone area, and short duration of the enforcement period, this 
rule does not pose a significant regulatory impact. Additionally, 
notice of the safety zone or any changes in the planned schedule will 
be made via Broadcast and Local Notice to Mariners. Entry into this 
safety zone 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 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 (Public Law 104-121), we want to assist small 
entities in understanding these rules. 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 above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires

[[Page 25964]]

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 a safety zone lasting five hours that will prohibit entry 
from mile 846 to 847 on the UMR on June 10, 2017. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A Record of Environmental Consideration are 
available in the docket where indicated under ADDRESSES.

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, 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.T08-0300 to read as follows:


Sec.  165.T08-0300  Safety Zone; Upper Mississippi River, Minneapolis 
and St. Paul, MN.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Upper Mississippi River between miles 846 and 847, 
Minneapolis and St. Paul, MN.
    (b) Definitions. As used in this section, a 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 Upper Mississippi River (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, you may not enter the safety zone 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 the COTP's 
representative via VHF-FM channel 16, or through Coast Guard Sector 
Upper Mississippi River at 314-269-2332. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Effective period. This section will be effective from 10 a.m. 
to 3 p.m. on June 10, 2017.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the dates and times of enforcement.

    Dated: May 31, 2017.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper 
Mississippi.
[FR Doc. 2017-11621 Filed 6-5-17; 8:45 am]
 BILLING CODE 9110-04-P