Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update, 28235-28238 [2017-12920]

Download as PDF Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations 5580, email hamptonroadswaterway@ uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone in 33 CFR 165.506 from 9 p.m. until 10 p.m. on July 3, 2017, for the Shore Drive Fireworks. This action is being taken to provide for the safety of life on navigable waterways during the fireworks display. Our regulation for Recurring Marine Events within the Fifth Coast Guard District, § 165.506, specifies the location of the regulated area for this safety zone within a 400 yard radius of the center located at approximate position latitude 36°55′02″ N., longitude 076°03′27″ W., located at Virginia Beach, VA. As specified in § 165.506(d), during the enforcement period, no vessel may enter, remain in, or transit through the safety zone without approval from the Captain of the Port Sector Hampton Roads (COTP) or a COTP designated representative. The Coast Guard may be assisted by other Federal, state, or local law enforcement agencies in enforcing this regulation. This notice of enforcement is issued under authority of 33 CFR 165.506(d) and 5 U.S.C. 552(a). In addition to this notice of enforcement published in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts. Dated: June 15, 2017. Richard J. Wester, Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads. [FR Doc. 2017–12941 Filed 6–20–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0272] RIN 1625–AA00 Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update Coast Guard, DHS. Final rule. asabaliauskas on DSKBBXCHB2PROD with RULES AGENCY: ACTION: The Coast Guard is amending and updating its annual and recurring safety zones that take place in the Coast Guard Sector Upper Mississippi River Captain of the Port Zone (COTP Zone). This regulation informs the public of regularly scheduled events that require SUMMARY: VerDate Sep<11>2014 18:44 Jun 20, 2017 Jkt 241001 additional safety measures through establishing a safety zone. Through this final rule the current list of recurring safety zones is updated with revisions, additional events, and removal of events that no longer take place in the COTP Zone. When these safety zones are enforced, vessel traffic is restricted from specified areas. Additionally, this rulemaking project serves to provide notice of the known recurring safety zones throughout the year. DATES: This rule is effective July 6, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0272 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, 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 Upper Mississippi River DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard preceded this final rule with a Notice of Proposed Rulemaking (NPRM) with request for comments. The NPRM was published in the Federal Register on May 8, 2017, (82 FR 21339). The NPRM updated current list of recurring safety zones with revisions, additional events, and removal of events that no longer take place in Sector Upper Mississippi River’s COTP Zone. During the comment period that ended June 7, 2017, we received no comments. 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 the rule is unnecessary, impracticable and against public interest. To wait for the rule to become effective after the publication is impracticable and against public interest because the Coast Guard would be prevented from enforcing the safety zones this rule is meant to enforce, which would prevent the Coast PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 28235 Guard from providing safety to the public and property, and jeopardize public interests. It is also unnecessary to wait for 30 days because the public had been provided plenty of opportunity to comment on these safety zones, but provided no comments or disagreements. 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 (COTP) Upper Mississippi River has determined that potential hazards associated with the recurring events will cause safety concerns. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zones, before, during, and after the scheduled events. IV. Discussion of Comments, Changes, and the Rule As noted above, during the comment period for our NPRM that published May 8, 2017, no comments were received. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes recurring safety zones to restrict vessel transit into and through specified areas to protect spectators, mariners, and other persons and property from potential hazards presented during certain events taking place in Sector Upper Mississippi River’s COTP Zone. This final rule amends, updates, and replaces Table 2 in 33 CFR 165.801. No vessel or person will be permitted to enter the safety zones without first 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. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed E:\FR\FM\21JNR1.SGM 21JNR1 28236 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations 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. B. Impact on Small Entities asabaliauskas on DSKBBXCHB2PROD with RULES by the Office of Management and Budget. This rule establishes safety zones limiting access to certain areas under 33 CFR 165 within Sector Upper Mississippi River’s COTP Zone. The effect of this proposed rulemaking will not be significant because these safety zones are limited in scope and duration. Additionally, the public is given advance notification through local forms of notice, the Federal Register, and/or Notices of Enforcement and thus will be able to plan operations around the safety zones in advance. Entry into the safety zones established through this rulemaking may be requested from the COTP or a designated representative; requests will be considered on a caseby-case basis. 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. 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 received no comments from the Small Business Administration on this rulemaking. 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 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 VerDate Sep<11>2014 17:29 Jun 20, 2017 Jkt 241001 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). 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, PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 establishing safety zones limiting access to certain area under 33 CFR 165 within Sector Upper Mississippi River’s COTP Zone. 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 Categorical Exclusion Determination are 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. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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. 2. In § 165.801, revise table 2 to read as follows: ■ § 165.801 Annual fireworks displays and other events in the Eighth Coast Guard District requiring safety zones. * E:\FR\FM\21JNR1.SGM * * 21JNR1 * * Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations 28237 TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES Date Sponsor/name Sector Upper Mississippi River location 1. 1 day—4th weekend in July .. Marketing Minneapolis LLC/Target Aquatennial Fireworks ........ Minneapolis, MN ...................... 2. 1 day—4th of July weekend .. Radio Dubuque/Radio Dubuque Fireworks and Air show .......... Dubuque, IA ............................. 3. 1 day—2nd weekend of June City of Champlin/Father Hennepin Fireworks Display ................ Champlin, MN .......................... 4. 1 day—4th of July weekend .. Downtown Main Street/Mississippi Alumination ......................... Red Wing, MN .......................... 5. 1 day—4th of July weekend .. Tan-Tar-A Resort/Tan-Tar-A 4th of July Fireworks .................... Lake of the Ozarks, MO ........... 6. 1 day—1st weekend of September. 7. 1 day—Last Sunday in May .. Tan-Tar-A Resort/Tan-Tar-A Labor Day Fireworks .................... Lake of the Ozarks, MO ........... Tan-Tar-A Resort/Tan-Tar-A Memorial Day fireworks ................ Lake of the Ozarks, MO ........... 8. 1 day—4th of July weekend .. Lake City Chamber of Commerce/Lake City 4th of July Fireworks. Greater Muscatine Chamber of Commerce/Muscatine 4th of July. Friends of the River Kansas City/KC Riverfest .......................... Lake City, MN .......................... Kansas City, KS ....................... Louisiana Chamber of Commerce/Louisiana July 4th Fireworks Louisiana, MO .......................... Guttenberg Development and Tourism/Stars and Stripes River Day. Riverfest, Inc./La Crosse Riverfest ............................................. Guttenberg, IA .......................... 9. 1 day—4th of July weekend .. 10. 1 day—Last weekend in June/First weekend in July. 11. 1 day—4th of July weekend 12. 1 day—4th of July weekend 13. 4 days—1st or 2nd week of July. 14. 1 day—2nd weekend in July 15. 1 day—4th of July weekend 16. 1 day—Last weekend in June/First weekend in July. 17. 2 days—4th of July weekend. 18. 1 day—4th of July weekend 19. 1 day—4th of July weekend Muscatine, IA ........................... La Crosse, WI .......................... Prairie du Chien Area Chamber of Commerce/Prairie du Chien Area Chamber Fireworks. JMP Radio/Red White and Boom Peoria ................................... Prairie du Chien, WI ................. Peoria, IL .................................. Hudson Boosters/Hudson Booster Days .................................... Hudson, WI .............................. City of St. Charles/St. Charles Riverfest .................................... St. Charles, MO ....................... Minneapolis Park and Recreation Board/Red, White, and Boom Minneapolis. Davenport One Chamber/Red White and Boom ........................ Minneapolis, MN ...................... Davenport, IA ........................... 20. 2 days—3rd weekend of July. 21. 1 day—4th of July weekend Amelia Earhart Festival Committee/Amelia Earhart Festival ...... Kansas City, KS ....................... Alton Exposition Commission/Mississippi Fireworks Festival ..... Alton, IL .................................... 22. 1 day—3rd Sunday in June Burlington Steamboat Days/Burlington Steamboat Days ........... Burlington, IA ............................ 23. 1 day—Last Sunday in May Lodge of the Four Seasons/Lodge of the Four Seasons Memorial Day Fireworks. Lodge of the Four Seasons/Labor Day Fireworks ...................... Lake of the Ozarks, MO ........... 24. 1 day—First weekend of September. 25. 1 day—4th of July weekend 26. 2 days—3rd weekend in July. 27. 1 day—Sunday of Father’s Day weekend. 28. 3 days—4th of July weekend. 29. 1 day—Last weekend in June/First weekend in July. 30. 1 day—4th of July weekend 31. 1 day—4th of July weekend 32. 1 day—4th of July weekend 33. 1 day—4th of July weekend asabaliauskas on DSKBBXCHB2PROD with RULES 34. 1 day—4th of July weekend Lake of the Ozarks, MO ........... Lodge of the Four Seasons/Lodge of the Four Seasons 4th of July. Hasting Riverboat Days/Rivertown Days .................................... Lake of the Ozarks, MO ........... Hasting, MN ............................. Winona Steamboat Days/Winona Steamboat Days Fireworks .. Winona, MN ............................. Fair of St. Louis/Fair St. Louis .................................................... St. Louis, MO ........................... Bellevue Heritage Days/Bellevue Heritage Days ....................... Bellevue, IA .............................. Main Street Parkway Association/Parkville 4th of July Fireworks. Hermann Chamber of Commerce/Hermann 4th of July ............. Parkville, MO ............................ Grafton Chamber of Commerce/Grafton Chamber 4th of July Fireworks. Salute to America Foundation, Inc./Salute to America ............... Hermann, MO ........................... Grafton, IL ................................ Jefferson City, MO ................... McGregor/Marquette Chamber Commerce/Independence Day Celebration. Tug Committee/Great River Tug ................................................. Port Byron, IL ........................... 36. 1 day—4th of July weekend City of Stillwater/St. Croix Events/Stillwater 4th of July ............. Stillwater, MN ........................... 37. 2 days—3rd weekend of September. 38. 4 days—3rd week of July .... Riverside Chamber of Commerce/Riverfest ............................... Riverside, MO .......................... St. Croix Events/Lumberjack Days ............................................. Stillwater, MN ........................... Lake of the Ozarks Shootout, Inc./Lake of the Ozarks Shootout Lake of the Ozarks, MO ........... 35. 2 days—2nd weekend in August. 39. 2 days—Weekend that precedes Labor Day Weekend. VerDate Sep<11>2014 17:29 Jun 20, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 McGregor, IA ............................ E:\FR\FM\21JNR1.SGM 21JNR1 Safety zone Upper Mississippi River mile marker 853.2 to 854.2. Upper Mississippi River mile marker 581.0 to 583.0. Upper Mississippi River mile marker 870.5 to 872.0. Upper Mississippi River mile marker 790.8 to 791.2. Lake of the Ozarks mile marker 025.8 to 026.2. Lake of the Ozarks mile marker 025.8 to 026.2. Lake of the Ozarks mile marker 025.8 to 026.2. Upper Mississippi River mile marker 772.4 to 772.8. Upper Mississippi River mile marker 455.0 to 456.0. Missouri River mile marker 364.8 to 365.2. Upper Mississippi River mile marker 282.0 to 283.0. Upper Mississippi River mile marker 615.0 to 615.5. Upper Mississippi River mile marker 697.5 to 698.5 (Wisconsin). Upper Mississippi River mile marker 635.2 to 635.7. Illinois River mile marker 162.5 to 162.1. St. Croix River mile marker 016.8 to 017.2. Missouri River mile marker 028.2 to 028.8. Upper Mississippi River mile marker 853.5 to 854.5. Upper Mississippi River mile marker 482.0 to 482.7. Missouri River mile marker 422.0 to 424.5. Upper Mississippi River mile marker 202.5 to 203.0. Upper Mississippi River mile marker 403.5 to 404.5. Lake of the Ozarks mile marker 013.8 to 014.2. Lake of the Ozarks mile marker 013.8 to 014.2. Lake of the Ozarks mile marker 013.8 to 014.2. Upper Mississippi River mile marker 813.7 to 815.2. Upper Mississippi River mile marker 725.4 to 725.7. Upper Mississippi River mile marker 179.2 to 180.0. Upper Mississippi River mile marker 556.0 to 556.5. Missouri River mile marker 378.0 to 377.5. Missouri River mile marker 097.0 to 098.0 (Missouri). Illinois River mile marker 001.5 to 000.5 (Illinois). Missouri River mile marker 143.5 to 143.0 (Missouri). Upper Mississippi River mile marker 635.7 to 634.2. Upper Mississippi River mile marker 497.2 to 497.6 (Illinois). St. Croix River mile marker 022.9 to 023.5 (Minnesota). Missouri River mile marker 371.8 to 372.2. St. Croix River mile marker 022.9 to 023.5 (Minnesota). Lake of the Ozarks mile marker 032.5 to 034.5. 28238 Federal Register / Vol. 82, No. 118 / Wednesday, June 21, 2017 / Rules and Regulations TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued Date Sponsor/name Sector Upper Mississippi River location 40. 2 days—1st weekend of September. 41. 1 day—4th of July weekend City of Keithsburg/Keithsburg Fireworks Display ........................ Keithsburg, IL ........................... City of East Moline/City of East Moline Fireworks ..................... East Moline, IA ......................... 42. 2nd Weekend in August ...... Lansing Lion’s Club/Lansing Fish Days Fireworks ..................... Lansing, IA ............................... 43. 3rd Weekend in August ....... River Action/Floatzilla .................................................................. Rock Island, Illinois .................. 44. 1 day—Weekend before Thanksgiving. 45. 1 day—4th of July weekend Main Street Parkway Association/Parkville Christmas on the River. City of Marquette/Marquette Independence Day Celebration .... Parkville, MO ............................ Marquette, IA ............................ 46. 1 day—1st Weekend in June. 47. 1 day—4th Weekend in May St. Louis Brewers Guild Festival Fireworks ................................ St. Louis, MO ........................... Lumiere Place/Memorial Day Fireworks ..................................... St. Louis, MO ........................... 48. 1 day—1st Weekend in July Lumiere Place/4th of July Fireworks ........................................... St. Louis, MO ........................... 49. 1 day—1st Weekend in September. Lumiere Place/Labor Day Fireworks ........................................... St. Louis, MO ........................... * * * * available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0277 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 about this proposed rulemaking, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716–843–9322, email D09SMB-SECBuffalo-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: * Dated: June 15, 2017. M.L. Malloy, Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River. [FR Doc. 2017–12920 Filed 6–20–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 I. Table of Abbreviations [Docket Number USCG–2017–0277] CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code RIN 1625–AA00 Safety Zone; Dunkirk Lakeshore Air Show; Lake Erie, Dunkirk, NY Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on Lake Erie, Dunkirk, NY. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Dunkirk Lakeshore Air Show on July 1, 2017 and July 2, 2017. This temporary safety zone is necessary to protect participants, spectators, and vessels from the hazards associated with aerial stunts, low flying aircraft, and aircraft maneuvers. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo (COTP). DATES: This rule is effective from 12:45 p.m. on July 1, 2017, to 5:15 p.m. on July 2, 2017. ADDRESSES: To view documents mentioned in this preamble as being asabaliauskas on DSKBBXCHB2PROD with RULES SUMMARY: VerDate Sep<11>2014 17:29 Jun 20, 2017 Jkt 241001 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 finds good cause 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 doing so would be impracticable and contrary to the public interest. The final details for this event were not provided to the Coast Guard until there was insufficient PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Safety zone Upper Mississippi River mile marker 427.5 to 427.3. Upper Mississippi River mile marker 490.2 to 489.8. Upper Mississippi River mile marker 662.8–663.9. Upper Mississippi River mile marker 479.0–486.0. Missouri River mile marker 377.5 to 378.0. Upper Mississippi River mile marker 634.2 to 635.7. Upper Mississippi River mile marker 179.2–180. Upper Mississippi River mile marker 180–180.5. Upper Mississippi River mile marker 180–180.5. Upper Mississippi River mile marker 180–180.5. time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard’s ability to protect spectators and vessels from the hazards associated with an air show over a navigable waterway. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register because doing so would be impracticable and contrary to the public interest. Delaying the effective date would be contrary to the rule’s objectives of ensuring safety of life on the navigable waters and protection of persons and vessels near the event. III. Legal Authority and Need for Rule The Coast Guard issues this rule under authority in 33 U.S.C. 1231. On July 1, 2017 and July 2, 2017, between 12:45 p.m. and 5:15 p.m. each day, an air show will be held on the shoreline of Lake Erie in Dunkirk, NY. It is anticipated that there will be a heavy amount of recreational boating traffic present to view the air show. The Captain of the Port Buffalo has determined that potential hazards associated with an air show over a navigable waterway pose a significant risk to public safety and property within the immediate location of the show. IV. Discussion of the Rule This rule establishes a safety zone from 12:45 p.m. to 5:15 p.m. on July 1, 2017 and July 2, 2017. The safety zone will encompass all waters of Lake Erie; E:\FR\FM\21JNR1.SGM 21JNR1

Agencies

[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Rules and Regulations]
[Pages 28235-28238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12920]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0272]
RIN 1625-AA00

Safety Zones; Sector Upper Mississippi River Annual and Recurring
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is amending and updating its annual and
recurring safety zones that take place in the Coast Guard Sector Upper
Mississippi River Captain of the Port Zone (COTP Zone). This regulation
informs the public of regularly scheduled events that require
additional safety measures through establishing a safety zone. Through
this final rule the current list of recurring safety zones is updated
with revisions, additional events, and removal of events that no longer
take place in the COTP Zone. When these safety zones are enforced,
vessel traffic is restricted from specified areas. Additionally, this
rulemaking project serves to provide notice of the known recurring
safety zones throughout the year.

DATES: This rule is effective July 6, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0272 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, 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 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 preceded this final rule with a Notice of Proposed
Rulemaking (NPRM) with request for comments. The NPRM was published in
the Federal Register on May 8, 2017, (82 FR 21339). The NPRM updated
current list of recurring safety zones with revisions, additional
events, and removal of events that no longer take place in Sector Upper
Mississippi River's COTP Zone. During the comment period that ended
June 7, 2017, we received no comments.
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 the
rule is unnecessary, impracticable and against public interest. To wait
for the rule to become effective after the publication is impracticable
and against public interest because the Coast Guard would be prevented
from enforcing the safety zones this rule is meant to enforce, which
would prevent the Coast Guard from providing safety to the public and
property, and jeopardize public interests. It is also unnecessary to
wait for 30 days because the public had been provided plenty of
opportunity to comment on these safety zones, but provided no comments
or disagreements.

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 (COTP) Upper Mississippi River has
determined that potential hazards associated with the recurring events
will cause safety concerns. The purpose of this rule is to ensure
safety of vessels and the navigable waters in the safety zones, before,
during, and after the scheduled events.

IV. Discussion of Comments, Changes, and the Rule

As noted above, during the comment period for our NPRM that
published May 8, 2017, no comments were received. There are no changes
in the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes recurring safety zones to restrict vessel
transit into and through specified areas to protect spectators,
mariners, and other persons and property from potential hazards
presented during certain events taking place in Sector Upper
Mississippi River's COTP Zone. This final rule amends, updates, and
replaces Table 2 in 33 CFR 165.801. No vessel or person will be
permitted to enter the safety zones without first 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. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed

[[Page 28236]]

by the Office of Management and Budget.
This rule establishes safety zones limiting access to certain areas
under 33 CFR 165 within Sector Upper Mississippi River's COTP Zone. The
effect of this proposed rulemaking will not be significant because
these safety zones are limited in scope and duration. Additionally, the
public is given advance notification through local forms of notice, the
Federal Register, and/or Notices of Enforcement and thus will be able
to plan operations around the safety zones in advance. Entry into the
safety zones established through this rulemaking may be requested from
the COTP or a designated representative; requests 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 received no comments from the Small Business
Administration on this rulemaking. 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 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.

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 establishing safety zones limiting access to certain area
under 33 CFR 165 within Sector Upper Mississippi River's COTP Zone. 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 Categorical Exclusion
Determination are 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.

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. In Sec. 165.801, revise table 2 to read as follows:

Sec. 165.801 Annual fireworks displays and other events in the Eighth
Coast Guard District requiring safety zones.

* * * * *

[[Page 28237]]

Table 2 of Sec. 165.801--Sector Upper Mississippi River Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
Sector Upper
Date Sponsor/name Mississippi River Safety zone
location
----------------------------------------------------------------------------------------------------------------
1. 1 day--4th weekend in July...... Marketing Minneapolis LLC/ Minneapolis, MN....... Upper Mississippi
Target Aquatennial River mile marker
Fireworks. 853.2 to 854.2.
2. 1 day--4th of July weekend...... Radio Dubuque/Radio Dubuque Dubuque, IA........... Upper Mississippi
Fireworks and Air show. River mile marker
581.0 to 583.0.
3. 1 day--2nd weekend of June...... City of Champlin/Father Champlin, MN.......... Upper Mississippi
Hennepin Fireworks Display. River mile marker
870.5 to 872.0.
4. 1 day--4th of July weekend...... Downtown Main Street/ Red Wing, MN.......... Upper Mississippi
Mississippi Alumination. River mile marker
790.8 to 791.2.
5. 1 day--4th of July weekend...... Tan-Tar-A Resort/Tan-Tar-A Lake of the Ozarks, MO Lake of the Ozarks
4th of July Fireworks. mile marker 025.8 to
026.2.
6. 1 day--1st weekend of September. Tan-Tar-A Resort/Tan-Tar-A Lake of the Ozarks, MO Lake of the Ozarks
Labor Day Fireworks. mile marker 025.8 to
026.2.
7. 1 day--Last Sunday in May....... Tan-Tar-A Resort/Tan-Tar-A Lake of the Ozarks, MO Lake of the Ozarks
Memorial Day fireworks. mile marker 025.8 to
026.2.
8. 1 day--4th of July weekend...... Lake City Chamber of Lake City, MN......... Upper Mississippi
Commerce/Lake City 4th of River mile marker
July Fireworks. 772.4 to 772.8.
9. 1 day--4th of July weekend...... Greater Muscatine Chamber Muscatine, IA......... Upper Mississippi
of Commerce/Muscatine 4th River mile marker
of July. 455.0 to 456.0.
10. 1 day--Last weekend in June/ Friends of the River Kansas Kansas City, KS....... Missouri River mile
First weekend in July. City/KC Riverfest. marker 364.8 to
365.2.
11. 1 day--4th of July weekend..... Louisiana Chamber of Louisiana, MO......... Upper Mississippi
Commerce/Louisiana July River mile marker
4th Fireworks. 282.0 to 283.0.
12. 1 day--4th of July weekend..... Guttenberg Development and Guttenberg, IA........ Upper Mississippi
Tourism/Stars and Stripes River mile marker
River Day. 615.0 to 615.5.
13. 4 days--1st or 2nd week of July Riverfest, Inc./La Crosse La Crosse, WI......... Upper Mississippi
Riverfest. River mile marker
697.5 to 698.5
(Wisconsin).
14. 1 day--2nd weekend in July..... Prairie du Chien Area Prairie du Chien, WI.. Upper Mississippi
Chamber of Commerce/ River mile marker
Prairie du Chien Area 635.2 to 635.7.
Chamber Fireworks.
15. 1 day--4th of July weekend..... JMP Radio/Red White and Peoria, IL............ Illinois River mile
Boom Peoria. marker 162.5 to
162.1.
16. 1 day--Last weekend in June/ Hudson Boosters/Hudson Hudson, WI............ St. Croix River mile
First weekend in July. Booster Days. marker 016.8 to
017.2.
17. 2 days--4th of July weekend.... City of St. Charles/St. St. Charles, MO....... Missouri River mile
Charles Riverfest. marker 028.2 to
028.8.
18. 1 day--4th of July weekend..... Minneapolis Park and Minneapolis, MN....... Upper Mississippi
Recreation Board/Red, River mile marker
White, and Boom 853.5 to 854.5.
Minneapolis.
19. 1 day--4th of July weekend..... Davenport One Chamber/Red Davenport, IA......... Upper Mississippi
White and Boom. River mile marker
482.0 to 482.7.
20. 2 days--3rd weekend of July.... Amelia Earhart Festival Kansas City, KS....... Missouri River mile
Committee/Amelia Earhart marker 422.0 to
Festival. 424.5.
21. 1 day--4th of July weekend..... Alton Exposition Commission/ Alton, IL............. Upper Mississippi
Mississippi Fireworks River mile marker
Festival. 202.5 to 203.0.
22. 1 day--3rd Sunday in June...... Burlington Steamboat Days/ Burlington, IA........ Upper Mississippi
Burlington Steamboat Days. River mile marker
403.5 to 404.5.
23. 1 day--Last Sunday in May...... Lodge of the Four Seasons/ Lake of the Ozarks, MO Lake of the Ozarks
Lodge of the Four Seasons mile marker 013.8 to
Memorial Day Fireworks. 014.2.
24. 1 day--First weekend of Lodge of the Four Seasons/ Lake of the Ozarks, MO Lake of the Ozarks
September. Labor Day Fireworks. mile marker 013.8 to
014.2.
25. 1 day--4th of July weekend..... Lodge of the Four Seasons/ Lake of the Ozarks, MO Lake of the Ozarks
Lodge of the Four Seasons mile marker 013.8 to
4th of July. 014.2.
26. 2 days--3rd weekend in July.... Hasting Riverboat Days/ Hasting, MN........... Upper Mississippi
Rivertown Days. River mile marker
813.7 to 815.2.
27. 1 day--Sunday of Father's Day Winona Steamboat Days/ Winona, MN............ Upper Mississippi
weekend. Winona Steamboat Days River mile marker
Fireworks. 725.4 to 725.7.
28. 3 days--4th of July weekend.... Fair of St. Louis/Fair St. St. Louis, MO......... Upper Mississippi
Louis. River mile marker
179.2 to 180.0.
29. 1 day--Last weekend in June/ Bellevue Heritage Days/ Bellevue, IA.......... Upper Mississippi
First weekend in July. Bellevue Heritage Days. River mile marker
556.0 to 556.5.
30. 1 day--4th of July weekend..... Main Street Parkway Parkville, MO......... Missouri River mile
Association/Parkville 4th marker 378.0 to
of July Fireworks. 377.5.
31. 1 day--4th of July weekend..... Hermann Chamber of Commerce/ Hermann, MO........... Missouri River mile
Hermann 4th of July. marker 097.0 to 098.0
(Missouri).
32. 1 day--4th of July weekend..... Grafton Chamber of Commerce/ Grafton, IL........... Illinois River mile
Grafton Chamber 4th of marker 001.5 to 000.5
July Fireworks. (Illinois).
33. 1 day--4th of July weekend..... Salute to America Jefferson City, MO.... Missouri River mile
Foundation, Inc./Salute to marker 143.5 to 143.0
America. (Missouri).
34. 1 day--4th of July weekend..... McGregor/Marquette Chamber McGregor, IA.......... Upper Mississippi
Commerce/Independence Day River mile marker
Celebration. 635.7 to 634.2.
35. 2 days--2nd weekend in August.. Tug Committee/Great River Port Byron, IL........ Upper Mississippi
Tug. River mile marker
497.2 to 497.6
(Illinois).
36. 1 day--4th of July weekend..... City of Stillwater/St. Stillwater, MN........ St. Croix River mile
Croix Events/Stillwater marker 022.9 to 023.5
4th of July. (Minnesota).
37. 2 days--3rd weekend of Riverside Chamber of Riverside, MO......... Missouri River mile
September. Commerce/Riverfest. marker 371.8 to
372.2.
38. 4 days--3rd week of July....... St. Croix Events/Lumberjack Stillwater, MN........ St. Croix River mile
Days. marker 022.9 to 023.5
(Minnesota).
39. 2 days--Weekend that precedes Lake of the Ozarks Lake of the Ozarks, MO Lake of the Ozarks
Labor Day Weekend. Shootout, Inc./Lake of the mile marker 032.5 to
Ozarks Shootout. 034.5.

[[Page 28238]]

40. 2 days--1st weekend of City of Keithsburg/ Keithsburg, IL........ Upper Mississippi
September. Keithsburg Fireworks River mile marker
Display. 427.5 to 427.3.
41. 1 day--4th of July weekend..... City of East Moline/City of East Moline, IA....... Upper Mississippi
East Moline Fireworks. River mile marker
490.2 to 489.8.
42. 2nd Weekend in August.......... Lansing Lion's Club/Lansing Lansing, IA........... Upper Mississippi
Fish Days Fireworks. River mile marker
662.8-663.9.
43. 3rd Weekend in August.......... River Action/Floatzilla.... Rock Island, Illinois. Upper Mississippi
River mile marker
479.0-486.0.
44. 1 day--Weekend before Main Street Parkway Parkville, MO......... Missouri River mile
Thanksgiving. Association/Parkville marker 377.5 to
Christmas on the River. 378.0.
45. 1 day--4th of July weekend..... City of Marquette/Marquette Marquette, IA......... Upper Mississippi
Independence Day River mile marker
Celebration. 634.2 to 635.7.
46. 1 day--1st Weekend in June..... St. Louis Brewers Guild St. Louis, MO......... Upper Mississippi
Festival Fireworks. River mile marker
179.2-180.
47. 1 day--4th Weekend in May...... Lumiere Place/Memorial Day St. Louis, MO......... Upper Mississippi
Fireworks. River mile marker 180-
180.5.
48. 1 day--1st Weekend in July..... Lumiere Place/4th of July St. Louis, MO......... Upper Mississippi
Fireworks. River mile marker 180-
180.5.
49. 1 day--1st Weekend in September Lumiere Place/Labor Day St. Louis, MO......... Upper Mississippi
Fireworks. River mile marker 180-
180.5.
----------------------------------------------------------------------------------------------------------------

* * * * *

Dated: June 15, 2017.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2017-12920 Filed 6-20-17; 8:45 am]
BILLING CODE 9110-04-P

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