
[Federal Register: July 19, 2010 (Volume 75, Number 137)]
[Rules and Regulations]               
[Page 41764-41766]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy10-9]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0552]
RIN 1625-AA00

 
Safety Zone; Mississippi River, Mile 840.0 to 839.8

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coat Guard is establishing a temporary safety zone for all 
waters of the Upper Mississippi River, Mile 840.0 to 839.8, extending 
the entire width of the river. This safety zone is needed to protect 
persons and vessels from safety hazards associated with a barge based 
firework display occurring on the Upper Mississippi River. Entry into 
this zone is be prohibited unless specifically authorized by the 
Captain of the Port Upper Mississippi River or a designated 
representative.

DATES: This rule is effective from 11 a.m. until 4 p.m. on July 24, 
2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0552 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0552 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Lieutenant (LT) Rob McCaskey, Sector 
Upper Mississippi River Response Department at telephone 314-269-2541, 
e-mail Rob.E.McCaskey@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 41765]]

Regulatory Information

    The Coast Guard is issuing this temporary final 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.'' The Coast Guard finds that it would be impracticable to 
publish a notice of proposed rulemaking (NPRM) with respect to this 
rule because the event would occur before the rulemaking process could 
be completed.
    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. Publishing a NPRM and delaying its 
effective date would be impracticable because immediate action is 
needed to protect vessels and mariners from the safety hazards 
associated with a barged based fireworks display.

Basis and Purpose

    On July 24, 2010 the Red Bull North America will be conducting a 
flying aircraft regatta at mile 839.9 on the Upper Mississippi River. 
This event presents safety hazards to the navigation of vessels between 
Mile 840.0 and Mile 839.8, extending the entire width of the river. A 
safety zone around the launch site is necessary to protect spectators, 
vessels, and other property from the hazards associated with the 
fireworks. The Captain of the Port Upper Mississippi River will inform 
the public of all safety zone changes through broadcast notice to 
mariners.

Discussion of Rule

    The Coast Guard is establishing a safety zone for all waters of the 
Upper Mississippi River, Mile 840.0 to 839.8, extending the entire 
width of the river. Entry into this zone will be prohibited to all 
vessels and persons except participants and those persons and vessels 
specifically authorized by the Captain of the Port Upper Mississippi 
River. This rule will be effective from 11 a.m. until 4 p.m. on July 
24, 2010. The Captain of the Port Upper Mississippi River will inform 
the public through broadcast notice to mariners of all safety zone 
changes and enforcement periods.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    Although this rule restricts access to the waters encompassed by 
the safety zone, the effect of this rule will not be significant 
because of the very brief duration of the effective period of the zone. 
Furthermore, the local waterway users will be notified via public 
Broadcast Notice to Mariners to ensure the safety zone will result in 
minimum impact.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
the Mississippi River, Mile 840.0 to 839.8, from 11 a.m. until 4 p.m. 
on July 24, 2010. This rule will not have a significant effect on a 
substantial number of small entities for the following reasons: (1) 
This rule will only be in effect for a limited period of time; and (2) 
the local waterway users will be notified via public Broadcast Notice 
to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not

[[Page 41766]]

an economically significant rule and does not create an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves establishing, disestablishing, or 
changing Regulated Navigation Areas and security or safety zones.
    This rule involves an environmental analysis checklist and a 
categorical exclusion determination is available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Add Sec.  165.T08-0552 to read as follows:


Sec.  165.T08-0552  Safety Zone; Upper Mississippi River, Mile 840.0 to 
839.8.

    (a) Location. The following area is a safety zone: all waters of 
the Upper Mississippi River, Mile 840.0 to 839.8 extending the entire 
width of the waterway.
    (b) Effective date. This rule is effective from 11 a.m. until 4 
p.m. on July 24, 2010.
    (c) Periods of Enforcement. This rule will be enforced from 11 a.m. 
until 4 p.m. on July 24, 2010. The Captain of the Port Upper 
Mississippi River will inform the public through broadcast notice to 
mariners of all safety zone changes and enforcement periods.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Upper Mississippi River or a 
designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Upper 
Mississippi River or a designated representative. The Captain of the 
Port Upper Mississippi River representative may be contacted at 314-
269-2332.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Upper Mississippi River or their designated 
representative. Designated Captain of the Port representatives include 
United States Coast Guard commissioned, warrant, and petty officers of 
the U.S. Coast Guard.

    Dated: July 6, 2010.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2010-17474 Filed 7-16-10; 8:45 am]
BILLING CODE 9110-04-P

