[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Rules and Regulations]
[Pages 45339-45342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19448]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0821]
RIN 1625-AA08


Special Local Regulation; Upper Mississippi River, St. Paul, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for the navigable waters of the Upper Mississippi River from 
Mile Marker (MM) 846 to MM 847. The special local regulation is 
necessary to protect event participants, spectators, and vessels 
transiting the area from potential hazards during the WCCO-TV Pulling 
Together marine event. Entry of vessels or persons into the regulated 
area is prohibited unless specifically authorized by the Captain of the 
Port Sector Upper Mississippi River or a designated representative.

DATES: This rule is effective from 10 a.m. through 5 p.m. on September 
8, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0821 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 Chief Petty Officer Joshua Wilson, Sector Upper 
Mississippi River, Waterways Management Division, U.S. Coast Guard; 
telephone 314-269-2548, 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

[[Page 45340]]

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)(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 would be impracticable. 
This rule must be established by September 8, 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 the establishment of the temporary special local regulation until 
after the scheduled date of the event, which would 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 the public interest because immediate 
action is necessary to ensure the safety of event participants, and 
persons and vessels transiting the regulated area.

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 there are potential hazards associated with the WCCO-TV 
Pulling Together event consisting of a tug of war competition between 
teams on opposing banks of the Upper Mississippi River between Mile 
Marker (MM) 846 and MM 847. This event will span the entire width of 
the river, potentially causing an extra or unusual hazard to the safety 
of life on the navigable waters of the United States. This rule is 
necessary to protect event participants, and persons and vessels 
transiting the regulated area during the event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation during 
the WCCO-TV Pulling Together event from 10 a.m. until 5 p.m. on 
September 8, 2018, or until cancelled by the COTP, whichever occurs 
first. The regulated area will cover all navigable waters of the Upper 
Mississippi River from MM 846 to MM 847. This special local regulation 
is intended to protect the public from potential navigation hazards 
during the event. No person or vessel is permitted to enter the 
regulated area without obtaining permission from the COTP or a 
designated representative. A designated representative may be a Patrol 
Commander (PATCOM). If established, the PATCOM may be contacted on VHF-
FM Channel 16 by using the call sign ``PATCOM''. The COTP or designated 
representative may be contacted by phone at 314-269-2332 or VHF-FM 
Channel 16.
    All persons and vessels not registered with the event sponsor as 
sponsors or official patrol vessels are considered ``spectators''. The 
``official patrol vessels'' consist of any Coast Guard, State and local 
law enforcement, and sponsor provided vessels assigned or approved by 
the COTP to patrol the regulated area.
    Spectator vessels desiring to enter, transit through or within, or 
exit the regulated area may do so only with permission from the COTP or 
a designated representative and, when permitted by the COTP or a 
designated representative, must operate at a minimum safe navigation 
speed in a manner which will not endanger event participants or other 
persons or vessels within the regulated area.
    No spectator vessel shall anchor, block, loiter, or impede the 
through transit of event participant or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
entry by or through an official patrol vessel.
    Any spectator vessel may anchor outside the regulated area, but may 
not anchor in, block, or loiter in a navigable channel.
    The COTP or designated representative may forbid and control the 
movement of any and all vessels in the regulated area. When hailed or 
signaled by an official patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the area, a citation for failure to 
comply, or both.
    The COTP or designated representative may terminate the event or 
the operation of any vessel at any time it is deemed necessary for the 
protection of life or property. The COTP or a designated representative 
will terminate the enforcement of the temporary special local 
regulation at the conclusion of the event.
    The COTP or a designated representative will inform the public of 
the enforcement times and the establishment of a PATCOM for this 
regulated area through Broadcast Notices to Mariners (BNMs), Local 
Notices to Mariners (LNMs), and/or Safety Marine Information Bulletins 
(SMIBs), 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 13563 (``Improving Regulation and Regulatory 
Review'') and 12866 (``Regulatory Planning and Review'') 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 (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs'') directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. As this 
rule is not a significant regulatory action, this rule is exempt from 
the requirements of Executive Order 13771. See OMB's Memorandum 
``Guidance Implementing Executive Order 13771, Titled `Reducing 
Regulation and Controlling Regulatory Costs' '' (April 5, 2017).This 
regulatory action determination is based on the size, location, and 
duration for the temporary special local regulation. The regulated area 
will be enforced on a one-mile stretch of the Upper Mississippi River 
for a period of up to seven hours on one day. Vessel traffic may 
request to transit the regulated area by contacting the COTP or a 
designated representative. Moreover, the COTP or a

[[Page 45341]]

designated representative will publish details of the regulated area in 
LNMs and will issue BNMs via VHF-FM Channel 16 to allow waterways users 
to plan accordingly.

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 
regulated area 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 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 
the establishment of a temporary special local regulation that will 
restrict access on a one-mile stretch of the Upper Mississippi River 
for seven hours on one day. It is categorically excluded from further 
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. Because this rulemaking is to establish 
a temporary special local regulation for a permitted marine event that 
is not located in, proximate to, or above an area designated 
environmentally sensitive by an environmental agency of the Federal, 
State, or local government a Record of Environmental Consideration 
(REC) is not required. Should any detail of this rule change to such an 
extent that will require a REC, a REC will be available in the docket 
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 100

    Maritime safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.


0
2. Add Sec.  100.T08-0821 to read as follows:


Sec.  100.T08-0821   Special Local Regulation; Upper Mississippi River, 
St. Paul, MN.

    (a) Location. A temporary special local regulation is established 
for the following area: all navigable waters of the Upper Mississippi 
River from Mile Marker (MM) 846 to MM 847, extending the entire width 
of the river.
    (b) Effective period. This section will be enforced from 10 a.m. 
through 5 p.m. on September 8, 2018, or until cancelled by the COTP, 
whichever occurs first
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35 of this part, entry of vessels or persons into this 
regulated area is prohibited unless specifically authorized by the 
Captain of the Port Sector Upper Mississippi River (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. A 
designated representative may be a

[[Page 45342]]

Patrol Commander (PATCOM). If established, the PATCOM may be contacted 
on VHF-FM Channel 16 by using the call sign ``PATCOM''. The COTP or 
designated representative may be contacted by phone at 314-269-2332 or 
VHF-FM Channel 16.
    (2) All persons and vessels not registered with the event sponsor 
as sponsors or official patrol vessels are considered ``spectators''. 
The ``official patrol vessels'' consist of any Coast Guard, State and 
local law enforcement, and sponsor provided vessels assigned or 
approved by the COTP to patrol the regulated area.
    (3) Spectator vessels desiring to enter, transit through or within, 
or exit the regulated area may do so only with permission from the COTP 
or a designated representative and, when permitted by the COTP or a 
designated representative, must operate at a minimum safe navigation 
speed in a manner which will not endanger event participants or other 
persons or vessels within the regulated area.
    (4) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of event participant or official patrol vessels in the 
regulated area during the effective dates and times, unless cleared for 
entry by or through an official patrol vessel.
    (5) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel.
    (6) The COTP or designated representative may forbid and control 
the movement of any and all vessels in the regulated area. When hailed 
or signaled by an official patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the area, a citation for failure to 
comply, or both.
    (7) The COTP or designated representative may terminate the event 
or the operation of any vessel at any time it is deemed necessary for 
the protection of life or property. The COTP or a designated 
representative will terminate the enforcement of the temporary special 
local regulation at the conclusion of the event.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement times and the 
establishment of a PATCOM for this regulated area through Broadcast 
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or 
Safety Marine Information Bulletins (SMIBs) as appropriate.

    Dated: September 4, 2018
R.M. Scott,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Upper 
Mississippi River.
[FR Doc. 2018-19448 Filed 9-6-18; 8:45 am]
 BILLING CODE 9110-04-P


