[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Rules and Regulations]
[Pages 28997-28999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13428]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0514]
RIN 1625-AA00


Safety Zone; Verdigris River, Catoosa, OK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Verdigris River. This action is necessary to 
provide for the safety of life on these navigable waters near Rogers 
Point Park, Catoosa, OK, during a fireworks display on July 1, 2017. 
The safety zone will cover all navigable waters between mile marker 
444.0 and mile marker 444.5 in the Verdigris River This rulemaking will 
prohibit persons and vessels from entering the safety zone unless 
authorized by the Captain of the Port Memphis (COTP) or a designated 
representative.

DATES: This rule is effective from 9:30 p.m. until 10 p.m. on July 1, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0514 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 Petty Officer Todd Manow, Waterways 
Management, Sector Lower Mississippi River, U.S. Coast Guard; telephone 
901-521-4813, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Memphis
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 20, 2017, the City of Catoosa notified the Coast Guard 
that it will be conducting a fireworks display from 9:30 p.m. until 10 
p.m. on July 1, 2017, as part of the shore side event, ``Libertyfest.'' 
The fireworks are to be

[[Page 28998]]

launched from the left descending bank of the Verdigris River at mile 
marker 444.2, 500 yards downriver of the State Route 66 bridge in 
Catoosa, OK, located at the approximate geographic coordinates of 
36[deg]12.8' N., 095[deg]43.0' W. Hazards from firework displays 
include accidental discharge of fireworks, dangerous projectiles, and 
falling hot embers or other debris. The Captain of the Port Memphis 
(COTP) has determined that potential hazards associated with the 
fireworks present a safety concern for anyone within the area on the 
Verdigris River between mile marker 444.0 and mile marker 444.5.
    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. Although the event sponsor originally 
submitted notice to the Coast Guard on March 20, 2017, final details of 
the event and safety zone requirements were not finalized until June 2, 
2017. It is impracticable to publish an NPRM because we must establish 
this safety zone by July 1, 2017, and lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule.
    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 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to protect the persons and property 
from the dangers associated with the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33 
U.S.C. 1231. The COTP has determined that potential hazards associated 
with this fireworks event would be a safety concern for anyone on the 
Verdigris River between mile marker 444.0 and mile marker 444.5. 
Hazards from fireworks displays include accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris. This rule is needed to ensure the safety of life and vessels on 
the navigable waters before, during, and after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:30 p.m. to 10 p.m. on 
July 1, 2017. The safety zone will cover all navigable waters of the 
Verdigris River from mile marker 444.0 to mile marker 444.5 in the 
vicinity of Rogers Point Park in Catoosa, OK. The safety zone is 
intended to ensure the safety of waterway users on these navigable 
waters before, during, and after the scheduled fireworks display. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. The 
regulatory text appears at the end of this document.

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 (E.O.) 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. E.O. 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 E.O. 12866. Accordingly, it 
has not been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be prohibited from entering this safety zone, which will impact a 
small designated area of the Lower Mississippi River for 30 minutes 
during the evening of Saturday, July 1, 2017. This safety zone may end 
early if conditions allow, as determined by the COTP or a designated 
representative. Moreover, the Coast Guard will issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the zone, and the rule 
will allow vessels to seek permission to enter the zone.

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 (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 E.O. 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

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preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it will 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 that 
will prohibit entry into the zone unless authorized by the COTP or a 
designated representative lasting 30 minutes on one half mile of the 
Verdigris River located just downriver of the State Route 66 Bridge in 
Catoosa, OK. It is categorically excluded from further review under 
paragraph L60 of Appendix A of the Commandant Instruction. A Record of 
Environmental Consideration (REC) supporting this determination is 
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 proposed 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, 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 temporary Sec.  165.T08-0514 to read as follows:


Sec.  165.T08-0514  Safety Zone; Verdigris River, Catoosa, OK.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Verdigris River from mile marker 444.0 to mile marker 
444.5 in the vicinity of the left descending bank of the Verdigris 
River at mile marker 444.2, approximately 500 yards downriver of the 
State Route 66 bridge in Catoosa, OK at approximate position 
36[deg]12.8' N., 095[deg]43.0' W.
    (b) Effective date. The safety zone will be in effect from 9:30 
p.m. until 10 p.m. on July 1, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Memphis (COTP) or a 
designated representative.
    (2) Any vessel desiring to enter this safety zone must first obtain 
permission from the COPT or a designated representative, who may be 
contacted on VHF-FM Channel 16 or by telephone at 866-777-2784.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement periods for the safety zone.

    Dated: June 13, 2017.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Memphis, Tennessee.
[FR Doc. 2017-13428 Filed 6-26-17; 8:45 am]
 BILLING CODE 9110-04-P