Safety Zone; Upper Mississippi River, Mile 662.8 to 663.9, 46258-46260 [2013-18342]
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46258
Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations
address for the Filer Manual is https://
www.sec.gov/info/edgar.shtml. You can
also inspect the document at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
By the Commission.
Dated: July 25, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013–18395 Filed 7–30–13; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0678]
Drawbridge Operation Regulation Lake
Washington, Seattle, WA
Coast Guard, DHS.
ACTION: Notice of deviation from
drawbridge regulation.
AGENCY:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Evergreen
Point Floating Bridge (State Route 520
across Lake Washington) at Seattle, WA.
This deviation is necessary to
accommodate the Seafair Air Show
practice and event. This deviation
allows the bridge to remain in the
closed position to help minimize traffic
congestion during the event.
DATES: This deviation is effective from
9:30 a.m. on August 1, 2013 to 3:30 p.m.
August 4, 2013.
ADDRESSES: The docket for this
deviation, [USCG–2013–0678] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Lieutenant
Commander Steven M. Fischer,
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:07 Jul 30, 2013
Jkt 229001
Thirteenth Coast Guard District Bridge
Program Officer, telephone 206–220–
7277, email
Steven.M.Fischer2@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Washington State Department of
Transportation has requested that the
draw span of the Evergreen Point
Floating Bridge (State Route 520 across
Lake Washington) remain closed to
vessel traffic to facilitate safe passage of
participants of the Seafair Airshow
practice and event. Interstate 90 will be
closed to road traffic during this time,
which would divert road traffic onto the
Evergreen Point Floating Bridge. The
closure of the Evergreen Point Floating
Bridge will further help minimize road
traffic congestion resulting from the
closure of Interstate 90. The Evergreen
Point Floating Bridge provides three
navigational openings for vessel
passage, the movable floating span,
subject to this closure, and two fixed
navigational openings; one on the east
end of the bridge and one on the west
end. The fixed navigational opening on
the east end of the bridge provides a
horizontal clearance of 150 feet and a
vertical clearance of 57 feet at mean
high water. The opening on the west
end of the bridge provides a horizontal
clearance of 170 feet and a vertical
clearance of 44 feet at mean high water.
Vessels that are able to safely pass
through the fixed navigational openings
are allowed to do so during this closure
period. Under normal conditions,
during this time frame, the bridge
operates in accordance with 33 CFR
117.1049(a) which states the bridge
shall open on signal if at least two hours
notice is given. This deviation period is
from 9:30 a.m. on August 1, 2013 to 3:30
p.m. August 4, 2013. The deviation
allows the floating draw span of the
Evergreen Point Floating Bridge on Lake
Washington to remain in the closed
position and need not open for maritime
traffic from 9:30 a.m. to 3:00 p.m. on
August 1, 2013; 12:30 p.m. to 3:00 p.m.
on August 2, 2013; 12:30 p.m. to 3:30
p.m. on August 3, 2013; and 12:30 p.m.
to 3:30 p.m. on August 4, 2013. The
bridge shall operate in accordance to 33
CFR 117.1049(a) at all other times.
Waterway usage on the Lake
Washington Ship ranges from
commercial tug and barge to small
pleasure craft. Mariners will be notified
and kept informed of the bridge’s
operational status via the Coast Guard
Notice to Mariners publication and
Broadcast Notice to Mariners as
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appropriate. The draw span will be
required to open, if needed, for vessels
engaged in emergency response
operations during this closure period.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: July 24, 2013.
Daryl R. Peloquin,
Acting Bridge Administrator.
[FR Doc. 2013–18341 Filed 7–30–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0410]
RIN 1625–AA00
Safety Zone; Upper Mississippi River,
Mile 662.8 to 663.9
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Upper Mississippi
River, from mile 662.8 to 663.9,
extending the entire width of the river.
This safety zone is needed to protect
vessels transiting through the area on
the Upper Mississippi River. Entry into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Upper Mississippi River or a
designated representative.
DATES: This rule is effective from 8:30
p.m. until 10 p.m. on August 10, 2013.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2013–
0410 and are available online by going
to https://www.regulations.gov and
following the instructions on that Web
site. If you do not have access to the
internet, you may view the docket by
visiting the Docket Management Facility
in Room W12–140 on the ground floor
of the Department of Transportation
West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We
have an agreement with the Department
of Transportation to use the Docket
Management Facility.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Lieutenant Colin
SUMMARY:
E:\FR\FM\31JYR1.SGM
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Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations
Fogarty, Sector Upper Mississippi River
Response Department at telephone 314–
269–2546, email
Colin.M.Fogarty@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
ehiers on DSK2VPTVN1PROD with RULES
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’
Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for
not using the NPRM process. The Coast
Guard received notice from Lansing
Lions Club on May 1, 2013, stating that
they will be conduct a barge based
fireworks shoot on the Mississippi
River. Completing the NPRM process is
impracticable as it would delay the
necessary safety zone required to protect
participants and event personnel from
hazards associated with a barge based
fireworks shoot on the Mississippi
River. Delaying this rule by completing
the NPRM process is also impracticable
as it would interfere with and delay the
planned event and possibly interfere
with contractual obligations.
For the same reasons, 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 this rule by providing 30 days
notice would be impracticable and
contrary to the public interest because
immediate action is needed to protect
persons and property from the possible
hazards present during such a high
volume gathering of vessels on the
Mississippi River for this event.
B. Basis and Purpose
On August 10, 2013, the Lansing
Lions Club will conduct a barge based
fireworks shoot in the vicinity of mile
662.8 to 663.9 on the Upper Mississippi
River. Anticipated traffic on the river
presents safety hazards to vessels and
participants navigating in the vicinity of
mile 662.8 to 663.9. The Captain of the
Port determined that a safety zone is
necessary to protect persons and
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14:07 Jul 30, 2013
Jkt 229001
property from these hazards. The legal
basis and authorities for this rule are
found in 33 U.S.C. 1231, 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191,
195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Public Law 107–295, 116 Stat.
2064; and Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish and define regulatory safety
zones.
C. Discussion of the Final Rule
The Coast Guard is establishing a
safety zone for all waters of the Upper
Mississippi River, from mile 662.8 to
663.9, extending the entire width of the
river. Entry into this zone is prohibited
to all vessels and persons except
persons and vessels specifically
authorized by the Captain of the Port
Upper Mississippi River or designated
representative. This rule is effective on
August 10, 2013, from 8:30 p.m. until 10
p.m. for all waters from mile 662.8 to
663.9. The Captain of the Port Upper
Mississippi River will inform the public
of changes to the enforcement period via
broadcast notice to mariners and local
notice to mariners.
D. 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 or
executive orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security.
This rule will be in effect for a limited
time period on one day and
notifications to the marine community
will be made by local notice to
mariners, and subsequent notifications
through broadcast notice to mariners.
Deviation from the rule may be
requested and will be considered on a
case-by-case basis by the Captain of the
Port or a designated representative. The
impacts on routine navigation are
expected to be minimal.
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46259
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during the 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.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit the Upper
Mississippi River, mile 662.8 to 663.9
from 8:30 p.m. until 10 p.m. on August
10, 2013. This safety zone will not have
a significant economic impact on a
substantial number of small entities
because this rule will be in effect for a
limited time period and notifications to
the marine community will be made by
local notice to mariners, and subsequent
notifications through broadcast notice to
mariners. Deviation from the rule may
be requested and will be considered on
a case-by-case basis by the Captain of
the Port or a designated representative.
If you are a small business entity and
are significantly affected by this
regulation, please contact LT Colin
Fogarty, Sector Upper Mississippi River
Response Department at telephone 314–
269–2546, email
Colin.M.Fogarty@uscg.mil.
3. Assistance for Small Entities
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, above.
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 businesses. 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.
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46260
Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Rules and Regulations
4. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
6. 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.
7. 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 or more in any one year.
Though this rule will not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
ehiers on DSK2VPTVN1PROD with RULES
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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14:07 Jul 30, 2013
Jkt 229001
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (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 a safety zone, requiring a
permit wherein an analysis of the
environmental impact of the regulations
was performed. This rule is
categorically excluded, under paragraph
34(h) 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.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T08–0410 to read as
follows:
■
§ 165.T08–0410 Safety Zone; Upper
Mississippi River, Mile 662.8 to 663.9.
(a) Location. The following area is a
safety zone: All waters of the Upper
Mississippi River, mile 662.8 to 663.9,
extending the entire width of the
waterway.
(b) Effective Date. This rule is
effective and enforceable on August 10,
2013.
(c) Periods of Enforcement. This rule
will be enforced during the following
time period: From 8:30 p.m. until 10
p.m. for all waters from mile 662.8 to
663.9. The Captain of the Port Upper
Mississippi River will inform the public
of the enforcement periods via local
notice to mariners and subsequent
changes by broadcast notice to mariners.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Upper Mississippi
River or a designated representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the Captain of
the Port Upper Mississippi River or a
designated representative. The Captain
of the Port Upper Mississippi River
representative may be contacted at 314–
269–2332.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Upper Mississippi
River or their designated representative.
Designated Captain of the Port
representatives include United States
Coast Guard commissioned, warrant,
and petty officers.
Dated: July 10, 2013.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. 2013–18342 Filed 7–30–13; 8:45 am]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Sorbitan Monooleate Ethylene Oxide
Adduct; Exemption From the
Requirement of a Tolerance
1. The authority citation for part 165
continues to read as follows:
AGENCY:
■
Authority: 33 U.S.C., 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2012–0908; FRL–9389–8]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
E:\FR\FM\31JYR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Rules and Regulations]
[Pages 46258-46260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18342]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0410]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Mile 662.8 to 663.9
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Upper Mississippi River, from mile 662.8 to 663.9,
extending the entire width of the river. This safety zone is needed to
protect vessels transiting through the area on the Upper Mississippi
River. Entry into this zone is prohibited unless specifically
authorized by the Captain of the Port Upper Mississippi River or a
designated representative.
DATES: This rule is effective from 8:30 p.m. until 10 p.m. on August
10, 2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0410 and are available online
by going to https://www.regulations.gov and following the instructions
on that Web site. If you do not have access to the internet, you may
view the docket by visiting the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We
have an agreement with the Department of Transportation to use the
Docket Management Facility.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Colin
[[Page 46259]]
Fogarty, Sector Upper Mississippi River Response Department at
telephone 314-269-2546, email Colin.M.Fogarty@uscg.mil. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not using the NPRM process. The Coast Guard received notice
from Lansing Lions Club on May 1, 2013, stating that they will be
conduct a barge based fireworks shoot on the Mississippi River.
Completing the NPRM process is impracticable as it would delay the
necessary safety zone required to protect participants and event
personnel from hazards associated with a barge based fireworks shoot on
the Mississippi River. Delaying this rule by completing the NPRM
process is also impracticable as it would interfere with and delay the
planned event and possibly interfere with contractual obligations.
For the same reasons, 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 this rule
by providing 30 days notice would be impracticable and contrary to the
public interest because immediate action is needed to protect persons
and property from the possible hazards present during such a high
volume gathering of vessels on the Mississippi River for this event.
B. Basis and Purpose
On August 10, 2013, the Lansing Lions Club will conduct a barge
based fireworks shoot in the vicinity of mile 662.8 to 663.9 on the
Upper Mississippi River. Anticipated traffic on the river presents
safety hazards to vessels and participants navigating in the vicinity
of mile 662.8 to 663.9. The Captain of the Port determined that a
safety zone is necessary to protect persons and property from these
hazards. The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone for all waters of the
Upper Mississippi River, from mile 662.8 to 663.9, extending the entire
width of the river. Entry into this zone is prohibited to all vessels
and persons except persons and vessels specifically authorized by the
Captain of the Port Upper Mississippi River or designated
representative. This rule is effective on August 10, 2013, from 8:30
p.m. until 10 p.m. for all waters from mile 662.8 to 663.9. The Captain
of the Port Upper Mississippi River will inform the public of changes
to the enforcement period via broadcast notice to mariners and local
notice to mariners.
D. 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 or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security. This rule will be in effect for a limited time
period on one day and notifications to the marine community will be
made by local notice to mariners, and subsequent notifications through
broadcast notice to mariners. Deviation from the rule may be requested
and will be considered on a case-by-case basis by the Captain of the
Port or a designated representative. The impacts on routine navigation
are expected to be minimal.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during the 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.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
the Upper Mississippi River, mile 662.8 to 663.9 from 8:30 p.m. until
10 p.m. on August 10, 2013. This safety zone will not have a
significant economic impact on a substantial number of small entities
because this rule will be in effect for a limited time period and
notifications to the marine community will be made by local notice to
mariners, and subsequent notifications through broadcast notice to
mariners. Deviation from the rule may be requested and will be
considered on a case-by-case basis by the Captain of the Port or a
designated representative.
If you are a small business entity and are significantly affected
by this regulation, please contact LT Colin Fogarty, Sector Upper
Mississippi River Response Department at telephone 314-269-2546, email
Colin.M.Fogarty@uscg.mil.
3. Assistance for Small Entities
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,
above.
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 businesses. 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.
[[Page 46260]]
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
6. 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.
7. 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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 a safety zone, requiring a
permit wherein an analysis of the environmental impact of the
regulations was performed. This rule is categorically excluded, under
paragraph 34(h) 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T08-0410 to read as follows:
Sec. 165.T08-0410 Safety Zone; Upper Mississippi River, Mile 662.8 to
663.9.
(a) Location. The following area is a safety zone: All waters of
the Upper Mississippi River, mile 662.8 to 663.9, extending the entire
width of the waterway.
(b) Effective Date. This rule is effective and enforceable on
August 10, 2013.
(c) Periods of Enforcement. This rule will be enforced during the
following time period: From 8:30 p.m. until 10 p.m. for all waters from
mile 662.8 to 663.9. The Captain of the Port Upper Mississippi River
will inform the public of the enforcement periods via local notice to
mariners and subsequent changes by broadcast notice to mariners.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Upper Mississippi River or a
designated representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Upper
Mississippi River or a designated representative. The Captain of the
Port Upper Mississippi River representative may be contacted at 314-
269-2332.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Upper Mississippi River or their designated
representative. Designated Captain of the Port representatives include
United States Coast Guard commissioned, warrant, and petty officers.
Dated: July 10, 2013.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2013-18342 Filed 7-30-13; 8:45 am]
BILLING CODE 9110-04-P
