[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Rules and Regulations]
[Pages 22201-22203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10191]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0430]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, St. Louis, MO

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters on the Upper Mississippi River from mile marker 
(MM) 179 to MM 179.5, extending the entire width of the river, near St. 
Louis, MO. This safety zone is necessary to protect persons, vessels, 
and the marine environment from potential hazards that could occur 
while emergency work is completed on new power lines extending across 
the river. Entry of vessels or persons into this safety zone is 
prohibited unless authorized by the Captain of the Port Sector Upper 
Mississippi River (COTP) or a designated representative.

DATES: This rule is effective from 7 a.m. on May 14, 2018 through 7 
p.m. on May 15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0430 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 Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
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

[[Page 22202]]

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)(3)(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. A barge-
based crane has contacted an overhead power line, necessitating 
emergency repairs. This safety zone must be established by May 14, 
2018, and we lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing this rule. The 
NPRM process would delay the establishment of the safety zone until 
after the emergency power line repairs are completed and compromise 
public safety.
    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 this rule would be 
contrary to the public interest because immediate action is necessary 
to respond to the potential safety hazards associated with the 
emergency power line repairs.

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 Sector Upper Mississippi River (COTP) has 
determined that potential hazards associated with emergency power line 
repairs over the Upper Mississippi River will be a safety concern for 
anyone within a one-half mile stretch of the Upper Mississippi River. 
This rule is necessary to protect persons, vessels, and the marine 
environment before, during, and after the repair work.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on May 14, 2018 
through 7 p.m. on May 15, 2018. The safety zone will be enforced from 7 
a.m. through 7 p.m. each day and will cover all navigable waters 
between mile markers (MMs) 179 and 179.5, extending the entire width of 
the river, on the Upper Mississippi River in St. Louis, MO. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment while the power lines are repaired. Entry of vessels 
or persons into this safety zone is prohibited unless authorized by the 
COTP or a designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Upper 
Mississippi River.
    Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or by telephone at 314-269-2332. All 
persons and vessels permitted to enter this safety zone must transit at 
the slowest safe speed and comply with all lawful directions issued by 
the COTP or the designated representative. The COTP or a designated 
representative will inform the public of the enforcement times and date 
for this safety zone through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs), as appropriate.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. This safety 
zone covers a one-half mile stretch of the Upper Mississippi River for 
twelve hours on each of two days to necessitate emergency power line 
repairs. The effects of the zone are expected to be insignificant 
taking into account the emergency nature of the required repairs.

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.

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,

[[Page 22203]]

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 only twelve hours on each of two 
days that restricts entry on a one-half mile stretch of the Upper 
Mississippi River. It is categorically excluded from further review 
under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination will be made 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.T08-0430 to read as follows:


Sec.  165.T08-0430   Safety Zone; Upper Mississippi River, St. Louis, 
MO.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Upper Mississippi River between mile marker (MM) 179 and 
MM 179.5, extending the entire width of the river, in St. Louis, MO.
    (b) Effective period. This section is effective from 7 a.m. on May 
14, 2018 through 7:00 p.m. on May 15, 2018.
    (c) Enforcement period. This section will be enforced from 7 a.m. 
through 7 p.m. each day on May 14, 2018 and May 15, 2018.
    (d) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Sector Upper Mississippi River 
(COTP) or a designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Upper 
Mississippi River.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. They may be 
contacted on VHF-FM Channel 16 or by telephone at 314-269-2332.
    (3) All persons and vessels permitted to enter this safety zone 
must transit at the slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement times and date 
for this safety zone through Broadcast Notices to Mariners (BNMs), 
Local Notices to Mariners (LNMs), and/or Marine Safety Information 
Bulletins (MSIBs), as appropriate.

    Dated: May 9, 2018.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2018-10191 Filed 5-11-18; 8:45 am]
 BILLING CODE 9110-04-P