[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Rules and Regulations]
[Pages 28235-28238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12920]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0272]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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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 Captain of the Port Zone (COTP Zone). This regulation 
informs the public of regularly scheduled events that require 
additional safety measures through establishing a safety zone. Through 
this final rule the current list of recurring safety zones is updated 
with revisions, additional events, and removal of events that no longer 
take place in the COTP Zone. When these safety zones are enforced, 
vessel traffic is restricted from specified areas. Additionally, this 
rulemaking project serves to provide notice of the known recurring 
safety zones throughout the year.

DATES: This rule is effective July 6, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0272 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

CFR Code of Federal Regulations
COTP Captain of the Port Upper Mississippi River
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 preceded this final rule with a Notice of Proposed 
Rulemaking (NPRM) with request for comments. The NPRM was published in 
the Federal Register on May 8, 2017, (82 FR 21339). The NPRM updated 
current list of recurring safety zones with revisions, additional 
events, and removal of events that no longer take place in Sector Upper 
Mississippi River's COTP Zone. During the comment period that ended 
June 7, 2017, we received no comments.
    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. Delaying the effective date of the 
rule is unnecessary, impracticable and against public interest. To wait 
for the rule to become effective after the publication is impracticable 
and against public interest because the Coast Guard would be prevented 
from enforcing the safety zones this rule is meant to enforce, which 
would prevent the Coast Guard from providing safety to the public and 
property, and jeopardize public interests. It is also unnecessary to 
wait for 30 days because the public had been provided plenty of 
opportunity to comment on these safety zones, but provided no comments 
or disagreements.

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 Rule

    As noted above, during the comment period for our NPRM that 
published May 8, 2017, no comments were received. There are no changes 
in the regulatory text of this rule from the proposed rule in the NPRM.
    This 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 COTP Zone. This final rule amends, updates, and 
replaces Table 2 in 33 CFR 165.801. 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

[[Page 28236]]

by the Office of Management and Budget.
    This rule establishes safety zones limiting access to certain areas 
under 33 CFR 165 within Sector Upper Mississippi River's COTP Zone. 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. Entry into the 
safety zones established through this rulemaking may be requested from 
the COTP or a designated representative; 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 165 within Sector Upper Mississippi River's COTP Zone. It 
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.

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.

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. In Sec.  165.801, revise 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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[[Page 28237]]



           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
----------------------------------------------------------------------------------------------------------------
1. 1 day--4th weekend in July......  Marketing Minneapolis LLC/   Minneapolis, MN.......  Upper Mississippi
                                      Target Aquatennial                                   River mile marker
                                      Fireworks.                                           853.2 to 854.2.
2. 1 day--4th of July weekend......  Radio Dubuque/Radio Dubuque  Dubuque, IA...........  Upper Mississippi
                                      Fireworks and Air show.                              River mile marker
                                                                                           581.0 to 583.0.
3. 1 day--2nd weekend of June......  City of Champlin/Father      Champlin, MN..........  Upper Mississippi
                                      Hennepin Fireworks Display.                          River mile marker
                                                                                           870.5 to 872.0.
4. 1 day--4th of July weekend......  Downtown Main Street/        Red Wing, MN..........  Upper Mississippi
                                      Mississippi Alumination.                             River 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, MO  Lake of the Ozarks
                                      4th of July Fireworks.                               mile marker 025.8 to
                                                                                           026.2.
6. 1 day--1st weekend of September.  Tan-Tar-A Resort/Tan-Tar-A   Lake of the Ozarks, MO  Lake of the Ozarks
                                      Labor Day Fireworks.                                 mile marker 025.8 to
                                                                                           026.2.
7. 1 day--Last Sunday in May.......  Tan-Tar-A Resort/Tan-Tar-A   Lake of the Ozarks, MO  Lake of the Ozarks
                                      Memorial Day fireworks.                              mile marker 025.8 to
                                                                                           026.2.
8. 1 day--4th of July weekend......  Lake City Chamber of         Lake City, MN.........  Upper Mississippi
                                      Commerce/Lake City 4th of                            River mile marker
                                      July Fireworks.                                      772.4 to 772.8.
9. 1 day--4th of July weekend......  Greater Muscatine Chamber    Muscatine, IA.........  Upper Mississippi
                                      of Commerce/Muscatine 4th                            River mile marker
                                      of July.                                             455.0 to 456.0.
10. 1 day--Last weekend in June/     Friends of the River Kansas  Kansas City, KS.......  Missouri River mile
 First weekend in July.               City/KC Riverfest.                                   marker 364.8 to
                                                                                           365.2.
11. 1 day--4th of July weekend.....  Louisiana Chamber of         Louisiana, MO.........  Upper Mississippi
                                      Commerce/Louisiana July                              River mile marker
                                      4th Fireworks.                                       282.0 to 283.0.
12. 1 day--4th of July weekend.....  Guttenberg Development and   Guttenberg, IA........  Upper Mississippi
                                      Tourism/Stars and Stripes                            River mile marker
                                      River Day.                                           615.0 to 615.5.
13. 4 days--1st or 2nd week of July  Riverfest, Inc./La Crosse    La Crosse, WI.........  Upper Mississippi
                                      Riverfest.                                           River 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
                                      Chamber of Commerce/                                 River mile marker
                                      Prairie du Chien Area                                635.2 to 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
                                      Recreation Board/Red,                                River mile marker
                                      White, and Boom                                      853.5 to 854.5.
                                      Minneapolis.
19. 1 day--4th of July weekend.....  Davenport One Chamber/Red    Davenport, IA.........  Upper Mississippi
                                      White and Boom.                                      River 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
                                      Festival.                                            424.5.
21. 1 day--4th of July weekend.....  Alton Exposition Commission/ Alton, IL.............  Upper Mississippi
                                      Mississippi Fireworks                                River mile marker
                                      Festival.                                            202.5 to 203.0.
22. 1 day--3rd Sunday in June......  Burlington Steamboat Days/   Burlington, IA........  Upper Mississippi
                                      Burlington Steamboat Days.                           River mile marker
                                                                                           403.5 to 404.5.
23. 1 day--Last Sunday in May......  Lodge of the Four Seasons/   Lake of the Ozarks, MO  Lake of the Ozarks
                                      Lodge of the Four Seasons                            mile marker 013.8 to
                                      Memorial Day Fireworks.                              014.2.
24. 1 day--First weekend of          Lodge of the Four Seasons/   Lake of the Ozarks, MO  Lake of the Ozarks
 September.                           Labor Day Fireworks.                                 mile marker 013.8 to
                                                                                           014.2.
25. 1 day--4th of July weekend.....  Lodge of the Four Seasons/   Lake of the Ozarks, MO  Lake of the Ozarks
                                      Lodge of the Four Seasons                            mile marker 013.8 to
                                      4th of July.                                         014.2.
26. 2 days--3rd weekend in July....  Hasting Riverboat Days/      Hasting, MN...........  Upper Mississippi
                                      Rivertown Days.                                      River mile marker
                                                                                           813.7 to 815.2.
27. 1 day--Sunday of Father's Day    Winona Steamboat Days/       Winona, MN............  Upper Mississippi
 weekend.                             Winona Steamboat Days                                River mile marker
                                      Fireworks.                                           725.4 to 725.7.
28. 3 days--4th of July weekend....  Fair of St. Louis/Fair St.   St. Louis, MO.........  Upper Mississippi
                                      Louis.                                               River mile marker
                                                                                           179.2 to 180.0.
29. 1 day--Last weekend in June/     Bellevue Heritage Days/      Bellevue, IA..........  Upper Mississippi
 First weekend in July.               Bellevue Heritage Days.                              River 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
                                      of July Fireworks.                                   377.5.
31. 1 day--4th of July weekend.....  Hermann Chamber of Commerce/ Hermann, MO...........  Missouri River mile
                                      Hermann 4th of July.                                 marker 097.0 to 098.0
                                                                                           (Missouri).
32. 1 day--4th of July weekend.....  Grafton Chamber of Commerce/ Grafton, IL...........  Illinois River mile
                                      Grafton Chamber 4th of                               marker 001.5 to 000.5
                                      July Fireworks.                                      (Illinois).
33. 1 day--4th of July weekend.....  Salute to America            Jefferson City, MO....  Missouri River mile
                                      Foundation, Inc./Salute to                           marker 143.5 to 143.0
                                      America.                                             (Missouri).
34. 1 day--4th of July weekend.....  McGregor/Marquette Chamber   McGregor, IA..........  Upper Mississippi
                                      Commerce/Independence Day                            River mile marker
                                      Celebration.                                         635.7 to 634.2.
35. 2 days--2nd weekend in August..  Tug Committee/Great River    Port Byron, IL........  Upper Mississippi
                                      Tug.                                                 River 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/Lumberjack  Stillwater, MN........  St. Croix River mile
                                      Days.                                                marker 022.9 to 023.5
                                                                                           (Minnesota).
39. 2 days--Weekend that precedes    Lake of the Ozarks           Lake of the Ozarks, MO  Lake of the Ozarks
 Labor Day Weekend.                   Shootout, Inc./Lake of the                           mile marker 032.5 to
                                      Ozarks Shootout.                                     034.5.

[[Page 28238]]

 
40. 2 days--1st weekend of           City of Keithsburg/          Keithsburg, IL........  Upper Mississippi
 September.                           Keithsburg Fireworks                                 River mile marker
                                      Display.                                             427.5 to 427.3.
41. 1 day--4th of July weekend.....  City of East Moline/City of  East Moline, IA.......  Upper Mississippi
                                      East Moline Fireworks.                               River mile marker
                                                                                           490.2 to 489.8.
42. 2nd Weekend in August..........  Lansing Lion's Club/Lansing  Lansing, IA...........  Upper Mississippi
                                      Fish Days Fireworks.                                 River mile marker
                                                                                           662.8-663.9.
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
                                      Christmas on the River.                              378.0.
45. 1 day--4th of July weekend.....  City of Marquette/Marquette  Marquette, IA.........  Upper Mississippi
                                      Independence Day                                     River mile marker
                                      Celebration.                                         634.2 to 635.7.
46. 1 day--1st Weekend in June.....  St. Louis Brewers Guild      St. Louis, MO.........  Upper Mississippi
                                      Festival Fireworks.                                  River mile marker
                                                                                           179.2-180.
47. 1 day--4th Weekend in May......  Lumiere Place/Memorial Day   St. Louis, MO.........  Upper Mississippi
                                      Fireworks.                                           River mile marker 180-
                                                                                           180.5.
48. 1 day--1st Weekend in July.....  Lumiere Place/4th of July    St. Louis, MO.........  Upper Mississippi
                                      Fireworks.                                           River mile marker 180-
                                                                                           180.5.
49. 1 day--1st Weekend in September  Lumiere Place/Labor Day      St. Louis, MO.........  Upper Mississippi
                                      Fireworks.                                           River mile marker 180-
                                                                                           180.5.
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    Dated: June 15, 2017.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2017-12920 Filed 6-20-17; 8:45 am]
 BILLING CODE 9110-04-P