[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Rules and Regulations]
[Pages 25371-25373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11768]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0379]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Mile Markers 179 to 180, 
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 on the 
navigable waters of the Upper Mississippi River between mile markers 
179 and 180, extending the entire width of the river. This action is 
necessary to provide for the safety of life and property on these 
navigable waters near the St. Louis Gateway Arch grounds during an air 
show practice and an air show/fireworks display. This temporary safety 
zone is necessary to protect persons and property from potential damage 
and safety hazards during the air show evolutions. Entry into the 
safety zone is prohibited unless authorized by the Captain of the Port 
Sector Upper Mississippi River or a designated representative.

DATES: This rule is effective from noon on July 3, 2018 through 10:30 
p.m. on July 4, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0379 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
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)(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. We must 
establish this safety zone by July 3, 2018 and lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing the rule. The NPRM process would delay the establishment 
of the safety zone until after the event 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 the effective date of the 
rule is contrary to the public interest as it would delay the safety 
measures necessary to respond to potential safety hazards associated 
with the air show evolutions.
    The Fair St. Louis will be holding air shows and a fireworks 
display in the vicinity of the St. Louis Gateway Arch from mile marker 
(MM) 179 to MM 180 on the 4th of July. A practice session for the air 
shows will be held on July 3, 2018 from noon through 2 p.m. The air 
shows will take place on July 4, 2018 twice: Between the hours of 12:30 
p.m. through 2 p.m., and 6:45 p.m. through 8:15 p.m. The fireworks 
display will take place from 9 p.m. through 10 p.m. on July 4, 2018.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33 
U.S.C. 1231. The purpose of this rule to provide for the safety of life 
and property during the air shows and the fireworks display. Over the 
years, there have been unfortunate instances of aircraft mishaps that 
involve crashing during performances at various air shows around the 
world. Occasionally, these incidents result in a wide area of scattered 
debris in the water that can damage property or cause significant 
injury or death to the public observing the air shows. The Captain of 
the Port Sector Upper Mississippi River (COTP) has determined that a 
safety zone is necessary to protect the general public from hazards 
associated with the aerobatic and high speed aerial flight 
demonstrations. In addition, potential hazards associated with firework 
displays include accidental discharge of fireworks, dangerous 
projectiles, and falling embers or other debris. The COTP has 
determined that a safety zone is necessary to protect the general 
public from hazards associated with the fireworks display. The purpose 
of this rule is to ensure the safety of life and property on the 
navigable waters in the safety zone before, during, and after the air 
show practice, the air shows, and the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from noon on July 3, 2018 
through 10:30 p.m. on July 4, 2018. It will be enforced

[[Page 25372]]

during four separate periods, once on July 3, 2018 from noon through 2 
p.m., and three times on July 4, 2018 from noon to 2 p.m., from 6:30 
p.m. to 8:15 p.m., and from 8:30 p.m. to 10:30 p.m. The safety zone 
will cover all navigable waters between mile markers (MMs) 179 and 180, 
extending the entire width of the river, on the Upper Mississippi River 
(UMR) in St. Louis, MO. Entry of vessels or persons into this zone is 
prohibited unless authorized by the COTP or a designated 
representative. A designated representative may be a Patrol Commander 
(PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard 
Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM 
(156.8 MHz) by the call sign ``PATCOM''. The COTP or a designated 
representative may be contacted on VHF-FM channel 13 or 16, or by phone 
at by telephone at 314-269-2332. All persons and vessels permitted to 
enter this safety zone must transit at their 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 effective period for the safety zone as well as any changes in the 
dates and times of enforcement through Local Notice to Mariners (LNMs), 
Broadcast Notices to Mariners (BNMs), 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, and duration of the safety zone. This safety zone impacts a 
one-mile stretch of the UMR for a total of seven and a half hours. 
Moreover, the Coast Guard would issue a BNMs via VHF-FM marine channel 
16 about the zone, and the rule would 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 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 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 a total of seven and a half hours 
that will prohibit entry on a one-mile stretch of the UMR on July 3rd 
and 4th, 2018. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01,

[[Page 25373]]

Rev. 01. A Record of Environmental Consideration is 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.T08-0379 to read as follows:


Sec.  165.T08-0379  Safety Zone; Upper Mississippi River, mile markers 
179 to 180, St. Louis, MO.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Upper Mississippi River between mile markers (MMs) 179 to 
180, extending the entire width of the river, in St. Louis, MO.
    (b) Effective period. This section is effective from noon on July 
3, 2018 through 10:30 p.m. on July 4, 2018.
    (c) Enforcement periods. This section will be enforced as follows:
    (1) On July 3, 2018, from noon through 2 p.m.; and
    (2) On July 4, 2018, from noon through 2 p.m.; from 6:30 p.m. 
through 8:15 p.m.; and from 8:30 p.m. through 10:30 p.m.
    (d) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, entry of vessels or persons 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 may be a Patrol Commander (PATCOM). The PATCOM may be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM 
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM''. They may be contacted on VHF-FM channel 13 or 16, or by 
phone at by telephone at 314-269-2332.
    (2) All persons and vessels permitted to enter this safety zone 
must transit at their 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 effective period for the 
safety zone as well as any changes in the dates and times of 
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices 
to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) 
as appropriate.

    Dated: May 24, 2018.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper 
Mississippi.
[FR Doc. 2018-11768 Filed 5-31-18; 8:45 am]
 BILLING CODE 9110-04-P