
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Rules and Regulations]
[Pages 24054-24056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10701]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0312]
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 on the 
Upper Mississippi River near St. Louis, MO. This temporary safety zone 
is necessary to protect persons and property from potential damage and 
safety hazards during a fireworks display on and over the navigable 
waterway. During the period of enforcement, entry into the safety zone 
is prohibited unless specifically authorized by the Captain of the Port 
Upper Mississippi River or other designated representative.

DATES: This rule is effective from 8:30 p.m. on May 28, 2017 through 10 
p.m. on May 29, 2017. This rule will be enforced from 8.30 p.m. to 10 
p.m. on May 28, 2017, unless the fireworks display is postponed because 
of adverse weather, in which case this rule will be enforced from 8.30 
p.m. to 10 p.m. on May 29, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0312 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, Sector Upper 
Mississippi River, U.S. Coast Guard; telephone 314-269-2332, email 
Sean.M.Peterson@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of proposed rulemaking
Sec.  Section
UMR Upper Mississippi River
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 the Coast Guard did not receive the 
application until February 23, 2017. After full review of the details 
for the planned and locally advertised displays, the Coast Guard 
determined action is needed to protect people and property from the 
safety hazards associated with the fireworks display on the Upper 
Mississippi River (UMR) near St. Louis, MO. It is impracticable to 
publish an NPRM because we must establish this safety zone by May 28, 
2017. As such, it is impracticable to publish an NPRM because we lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it 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 effectiveness of the

[[Page 24055]]

temporary safety zone needed to respond to potential related safety 
hazards associated with the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
the fireworks display will be a safety concern before, during, and 
after the display. The purpose of this rule is to ensure safety of 
vessels and the navigable waters in the safety zone before, during, and 
after the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:30 p.m. on May 28, 2017 
through 10 p.m. on May 29, 2017. This rule will be enforced from 8.30 
p.m. to 10 p.m. on May 28, 2017, unless the fireworks display is 
postponed because of adverse weather, in which case this rule will be 
enforced from 8.30 p.m. to 10 p.m. on May 29, 2017. The safety zone 
will cover all navigable waters between miles 180 and 180.5 on the UMR 
in St. Louis, MO. Any changes to the planned schedule will be 
communicated to mariners using Broadcast Notice to Mariners (BNM) and 
Local Notice to Mariners (LNM). The safety zone is intended to ensure 
the safety of vessels and these navigable waters before, during and 
after the fireworks display. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. These rules have not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, they have not been reviewed by the Office of 
Management and Budget.
    This temporary final rule establishes a safety zone impacting a 
one-half mile area on the UMR for a limited time period of one hour and 
a half. During the enforcement period, vessels are prohibited from 
entering into or remaining within the safety zone unless specifically 
authorized by the COTP or other designated representative. Based on the 
location, limited safety zone area, and short duration of the 
enforcement period, this rule does not pose a significant regulatory 
impact. Additionally, notice of the safety zone or any changes in the 
planned schedule will be made via BNM and LNM. Permission to enter this 
safety zone must be requested from the COTP or other designated 
representative.

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

[[Page 24056]]

individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone lasting two hours that 
will prohibit entry from mile 180 to 180.5 on the UMR. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Record of Environmental 
Consideration are 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 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, and 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.T08-0689 to read as follows:


Sec.  165.08-0689   Safety Zone; Upper Mississippi River between miles 
180 and 180.5; St. Louis, MO.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Upper Mississippi River between miles 180 to 180.5, St. 
Louis, MO.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port Upper Mississippi River (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through Coast Guard Sector 
Upper Mississippi River at 314-269-2332. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 8.30 
p.m. to 10 p.m. on May 28, 2017, unless the fireworks display is 
postponed because of adverse weather, in which case this rule will be 
enforced from 8.30 p.m. to 10 p.m. on May 29, 2017.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the dates and times of enforcement.

    Dated: May 15, 2017.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2017-10701 Filed 5-24-17; 8:45 am]
 BILLING CODE 9110-04-P


