
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47618-47620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22168]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0942]
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 between mile marker 
(MM) 183.7 and MM 185.1. This temporary safety zone is necessary to 
provide for the safety of life and property on all navigable waters 
near St. Louis, MO for dredging being conducted in the navigational 
channel at the lower entrance of the Chain of Rocks Canal by the U.S. 
Army Corps of Engineers. During the period of enforcement, entry into 
the safety zone is prohibited unless specifically authorized by the 
Captain of the Port Sector Upper Mississippi River (COTP) or other 
designated representative.

DATES: This rule is effective without actual notice from October 13, 
2017 through 7 a.m. on October 21, 2017. For the purposes of 
enforcement, actual notice will be used from 5 p.m. on October 8, 2017 
through October 13, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0942 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

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

[[Page 47619]]

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 U.S. Army Corps of Engineers notified the Coast Guard on 
September 28, 2017 that dredging would begin October 8, 2017 at 5 p.m. 
at the lower entrance to the Chain of Rocks Canal, which would obstruct 
the navigational channel to vessel traffic. Due to the risks associated 
with this work in the navigational channel, a safety zone is needed. We 
must establish this temporary safety zone by October 8, 2017 and 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 because immediate 
action is necessary to prevent possible loss of life and property from 
the hazards associated with dredging in the navigational channel.

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 dredging in the 
navigational channel from 5 p.m. on October 8, 2017 through 7 a.m. on 
October 21, 2017 will be a safety concern for all navigable waters of 
the Upper Mississippi River between mile marker (MM) 183.7 and MM 
185.1. The purpose of this rule is to ensure safety of life on the 
navigable waters in the temporary safety zone before, during, and after 
the dredging.

IV. Discussion of the Rule

    This rule establishes a safety zone each day from 5 p.m. to 7 a.m. 
beginning on October 8, 2017 and ending on October 21, 2017, or until 
conditions allow for safe navigation, whichever occurs earlier. The 
safety zone will cover all navigable waters between MM 183.7 and MM 
185.1 on the Upper Mississippi River in St. Louis, MO. The safety zone 
is intended to ensure the safety of vessels and these navigable waters 
during channel dredging operations. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. Exact times of the closures 
and any changes to the planned schedule will be communicated to 
mariners using Broadcast and Local Notice to Mariners.

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 temporary 
final rule establishes a safety zone impacting a mile and a half area 
on the Upper Mississippi River for a limited time period of fourteen 
hours on fourteen separate days. 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.
    Additionally, notice of the safety zone or any changes in the 
planned schedule will be made via Broadcast and Local Notice to 
Mariners. Entry into this safety zone may be requested from the COTP or 
other designated representative and will be considered on a case-by-
case basis.

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

[[Page 47620]]

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 fourteen hours on fourteen separate 
nights that will prohibit entry from MM 183.7 to MM 185.1 on the UMR 
from October 8, 2017 to October 21, 2017. It is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. 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, 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.T08-0942 to read as follows:


Sec.  165.08-0942  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) 183.7 to 
MM 185.1, 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 Sector Upper Mississippi River (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, you may not enter the safety zone described 
in paragraph (a) of this section unless authorized by the COTP or a 
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 by telephone at 314-269-2332. Those in the 
safety zone must comply with all lawful orders or directions given to 
them by the COTP or a designated representative.
    (d) Enforcement period. This section will be enforced from 5 p.m. 
on October 8, 2017, through 7 a.m. on October 21, 2017. It will be 
enforced daily from 5 p.m. through 7 a.m.
    (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: October 6, 2017.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2017-22168 Filed 10-12-17; 8:45 am]
BILLING CODE 9110-04-P


