[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Rules and Regulations]
[Pages 51336-51338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22033]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0905]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Mile 182.5, 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 within 500 yards of the McKinley Highway and
Railroad Bridge located on the Upper Mississippi River at mile marker
(MM) 182.5. The safety zone is needed to protect persons, vessels, and
the marine environment from potential hazards created by the
installation of electrical lines across the river. Entry of persons or
vessels into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Upper Mississippi River or a designated
representative.
DATES: This rule is effective without actual notice from October 11,
2018 until October 19, 2018. For the purposes of enforcement, actual
notice will be used from September 28, 2018 until October 11, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0905 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 Petty Officer Kyle Weitzell, Sector Upper Mississippi
River Waterways Management Division, U.S. Coast Guard; telephone 314-
269-2573, 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
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 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. The final
details regarding this project were not determined until September 17,
2018. We must establish this safety zone by September 28, 2018, and we
lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule. The NPRM process would
delay establishment of the safety zone until after the date of the
electrical line work 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
this rule would be contrary to public interest because immediate action
is necessary to respond to the potential safety hazards associated with
electrical line installation over the Upper Mississippi River.
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 electrical line
installation over the Upper Mississippi River will be a safety concern
for anyone within 500 yards of the McKinley Highway and Railroad Bridge
at MM 182.5. This rule is needed to protect persons, vessels, and the
marine environment on the navigable waters within the safety zone while
electrical lines are pulled across the river.
IV. Discussion of the Rule
This rule establishes a temporary safety zone for a three week
period from September 28, 2018 through October 19, 2018, or until the
electrical line work is completed, whichever occurs first. The safety
zone will cover all navigable waters within 500 yards of the McKinley
Highway and Railroad Bridge at MM 182.5 on the Upper Mississippi River,
extending the entire width of the river. Transit into and through this
safety zone is prohibited during periods of enforcement. This zone will
be enforced on approximately nine days during the effective period,
during daylight hours, and for approximately five hours on each day.
This zone will begin each day that electrical line work is to be
performed from approximately 9 a.m. through 2 p.m. The COTP or a
designated representative will inform the public through Broadcast
Notices to Mariners (BNMs) and/or through other means of public notice
at least 12 hours in advance of each enforcement period, and a safety
vessel will coordinate all vessel traffic during the enforcement
periods. In addition, the COTP or a designated representative will
release regular BNMs while the zone is in effect and will also announce
the suspension of zone date via VHF-FM marine channel 16.
The duration of this temporary safety zone is intended to protect
persons, vessels, and the marine environment on these navigable waters
while the electrical lines are being pulled across the river. No vessel
or person will be
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permitted to enter the safety zone without obtaining permission from
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. To seek entry into the safety zone, contact the COTP
or the COTP's designated representative by telephone at 314-269-2332 or
on VHF-FM channel 16. 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 enforcement dates and times for this safety zone, as well
as any emergent safety concerns that may delay the suspension of the
zone each day, through 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, and duration of the safety zone. This safety zone impacts a
one-half mile stretch of the Upper Mississippi River for approximately
five hours on each of nine days. Moreover, the Coast Guard will issue
BNMs via VHF-FM marine channel 16 about the zone, and the rule allows
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
temporary 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 because the rule will allow
persons and vessels to seek permission to enter the zone and
coordinated entry may be arranged on a case by case basis.
Additionally, coordination with several waterways users has taken place
to mitigate as much impact as possible.
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 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
Directive 023-01 and Commandant Instruction M16475.1D, 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 that is anticipated to last approximately 5 hours per day
for approximately 9 days during the effective period of this rule which
will prohibit entry within 500 yards of the McKinley Highway and
Railroad Bridge at MM 182.5 on the Upper Mississippi River. It is
categorically excluded from
[[Page 51338]]
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration supporting this determination 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.T08-0905 to read as follows:
Sec. 165.T08-0905 Safety Zone; Upper Mississippi River, mile 182.5,
St. Louis, MN.
(a) Location. The following area is a safety zone: All navigable
waters within 500 yards of the McKinley Highway and Railroad Bridge at
mile marker (MM) 182.5 on the Upper Mississippi River, extending the
entire width of the river.
(b) Effective period. This section is effective from September 28,
2018 through October 19, 2018.
(c) Enforcement periods. This section will be enforced on
approximately 9 days during the effective period. This section will be
enforced each day that electrical line work is to be performed from
approximately 9 a.m. through 2 p.m. The Captain of the Port Sector
Upper Mississippi River (COTP) or a designated representative will
inform the public through Broadcast Notices to Mariners (BNMs) and/or
through other means of public notice at least 12 hours in advance of
each enforcement period, and a safety vessel will coordinate all vessel
traffic during the enforcement periods. In addition, the COTP or a
designated representative will release regular BNMs while the zone is
in effect and will also announce the suspension of enforcement of the
zone on VHF-FM marine channel 16.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry of vessels or persons into this zone
is prohibited unless specifically authorized by the COTP or 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. To seek entry
into the safety zone, contact the COTP or the COTP's representative by
telephone at 314-269-2332 or on VHF-FM channel 16.
(3) 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) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement dates and times for this
safety zone, as well as any emergent safety concerns that may delay the
enforcement of the zone each day, through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as appropriate.
Dated: September 28, 2018.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2018-22033 Filed 10-10-18; 8:45 am]
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