Safety Zone; Riverside Music Festival, Missouri River, Mile 372.0; Riverside, MO, 56489-56491 [2014-22431]
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Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Rules and Regulations
A. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0700]
RIN 1625–AA00
Safety Zone; Riverside Music Festival,
Missouri River, Mile 372.0; Riverside,
MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all waters of the Missouri River,
covering all waters within a 700 foot
radius of the barge located at mile 372.0.
This temporary safety zone is necessary
to protect persons and property from
potential damage and safety hazards
during the Riverside Music Festival.
Entry into, transit through or remaining
within this zone is prohibited unless
specifically authorized by the Captain of
the Port (COTP) Upper Mississippi
River or a designated representative.
DATES: This rule is effective from 09:00
p.m. to 11:30 p.m. on September 20,
2014.
SUMMARY:
Documents mentioned in
this preamble are part of docket USCG–
2014–0700. To view documents
mentioned in this preamble as being
available in the docket, go to 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
rulemaking. 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 rule, call or
email Mr. Matt Marler, U.S. Coast
Guard; telephone 314–269–2546, email
matthew.v.marler@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK5VPTVN1PROD with RULES
ADDRESSES:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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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 publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule. The Coast
Guard was made aware of the event on
June 12, 2014. An event involving
fireworks on or over the Missouri River
presents potential hazards and a safety
zone is required to protect persons and
property on or near the waterway during
the displays. Completing the NPRM
process and providing notice and a
comment period is contrary to the
public interest because it would
unnecessarily delay this rule and the
immediate safety measures it provides.
Additionally, delaying the effective date
for this safety zone to complete the
NPRM process would interfere with the
planned display and would
unnecessarily interfere with contractual
obligations related to this event.
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.
Providing a full 30 days notice would be
impracticable and would unnecessarily
delay the effective date of this rule.
Delaying the effective date would also
be contrary to public interest since
immediate action is necessary to protect
persons and property from potential
hazards associated with fireworks
displays over or on the Upper
Mississippi River.
B. Basis and Purpose
A fireworks display is scheduled for
September 20, 2014. This safety zone
encompasses all waters extending 700
feet in all directions of the barge located
at mile marker 372.0 on the Missouri
River at Riverside, MO. The Coast Guard
determined that a safety zone is
necessary to keep persons and property
clear of any potential hazards associated
with the launching of fireworks on or
over the waterway.
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,
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56489
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.
The purpose of the rule is to establish
the necessary temporary safety zone to
provide protection for persons and
property, including spectators,
commercial and recreational vessels,
and others that may be in the area
during the noticed fireworks display
times from the hazards associated with
the fireworks display on and over the
waterway.
C. Discussion of the Final Rule
The COTP Upper Mississippi River is
establishing a temporary safety zone
from 9:00 p.m. to 11:30 p.m. on
September 20, 2014 for the Riverside
Music Festival. The fireworks will be
launched from a barge located within
the navigable channel and the safety
zone will include all waters extending
700 feet in all directions at River mile
marker 372.0. The Coast Guard will
enforce the temporary safety zone and
may be assisted by other federal, state
and local agencies and the Coast Guard
Auxiliary. During the periods of
enforcement, no vessels may transit
into, through, or remain within this
Coast Guard safety zone. Deviation from
the safety zone may be requested by
contacting the COTP Upper Mississippi
River or other designated representative.
Deviations will be considered on a caseby-case basis.
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 those
Orders. This temporary final rule
establishes a safety zone that will be
enforced for a limited time period.
During the enforcement period, vessels
are prohibited from entering into or
remaining within the safety zone unless
specifically authorized by the COTP
Upper Mississippi River or other
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Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Rules and Regulations
designated representative. Based on the
location, limited safety zone size, and
short duration of the enforcement
period, this rule does not pose a
significant regulatory impact.
Additionally, notice of this safety zone
or any changes in the planned schedule
will be made via Broadcast Notices to
Mariners, Local Notices to Mariners,
and/or Marine Safety Information
Bulletins as appropriate. Deviation from
this rule may be requested from the
COTP Sector Upper Mississippi and
will be considered on a case-by-case
basis.
asabaliauskas on DSK5VPTVN1PROD with RULES
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 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.
This rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor at
Missouri River mile 372.0, from 9:00
p.m. to 11:30 p.m. on September 20,
2014. This safety zone would not have
a significant economic impact on a
substantial number of small entities
because it is limited in size and will be
enforced for a limited time period. The
Coast Guard will provide notice of
enforcement and changes in the planned
schedule through Broadcast Notices to
Mariners, Local Notices to Mariners,
and/or Marine Safety Information
Bulletins as appropriate.
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
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Jkt 232001
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.
4. 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).
5. Federalism
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
determined that this rule 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 (adjusted for inflation) 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 cause 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
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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 guide 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
establishment of a temporary safety
zone to protect persons and property
from potential hazards associated with
the scheduled Riverside Music Festival
Fireworks display taking place on or
over the Missouri River. This rule 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. We seek any
comments or information that may lead
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Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Rules and Regulations
enforcement period for each safety zone
as well as any changes in the planned
and published dates and times of
enforcement.
to the discovery of a significant
environmental impact from this rule.
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:
Dated: July 29, 2014.
M. L. Malloy,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
RIN 1625–AC02
1. The authority citation for part 165
continues to read as follows:
2. A new § 165.T08–0700 is added to
read as follows:
■
§ 165.T08–0700 Safety Zone; Riverside
Music Festival, Missouri River, Mile 372.0,
Riverside, MO.
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I. Abbreviations
Personal Flotation Devices Labeling
and Standards
CFR Code of Federal Regulations
DHS Department of Homeland Security
FDA Food and Drug Administration
FR Federal Register
LEO Law enforcement officer
NPRM Notice of proposed rulemaking
NBSAC National Boating Safety Advisory
Council
OMB Office of Management and Budget
OSHA Occupational Safety and Health
Administration
PFD Personal flotation device
Pub. L. Public Law
RA Regulatory Analysis
§ Section
U.S.C. United States Code
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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
(a) Location. The following area is a
temporary safety zone: All waters of the
Missouri River, extending 700 feet in all
directions on the Missouri River mile
marker 372.0, at Riverside, MO.
(b) Effective Dates and Enforcement
Periods. This safety zone is effective and
will be enforced from 9:00 p.m. to 11:30
p.m. on September 20, 2014.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, movement within,
or departure from this zone is
prohibited unless authorized by the
Captain of the Port (COTP) Upper
Mississippi River or a designated
representative.
(2) Persons or vessels requiring entry
into, departure from, or movement
within a regulated area must request
permission from the COTP Sector Upper
Mississippi or a designated
representative. They may be contacted
on VHF–FM Channel 13 or 16, or
through Coast Guard Upper Mississippi
River at 314–269–2500.
(3) All persons and vessels shall
comply with the instructions of the
COTP Upper Mississippi River and
designated on-scene U.S. Coast Guard
patrol personnel. On-scene U.S. Coast
Guard patrol personnel includes
Commissioned, Warrant, and Petty
Officers of the U.S. Coast Guard.
(d) Informational Broadcasts. The
COTP Upper Mississippi River or a
designated representative will inform
the public through Broadcast Notices to
Mariners, Local Notices to Mariners,
and/or Marine Safety Information
Bulletins as appropriate of the
Jkt 232001
Table of Contents for Preamble
[Docket No. USCG–2013–0263]
BILLING CODE 9110–04–P
■
16:51 Sep 19, 2014
Collins, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
I. Abbreviations
II. Basis and Purpose
III. Background
IV. Discussion of Comments and Changes
V. Discussion of the Rule
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
[FR Doc. 2014–22431 Filed 9–19–14; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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56491
33 CFR Parts 175 and 181
46 CFR Parts 160 and 169
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is issuing
this final rule to remove references to
type codes in its regulations on the
carriage and labeling of Coast Guardapproved personal flotation devices
(PFDs). Removing these type codes from
our regulations will facilitate future
incorporation by reference of new
industry consensus standards for PFD
labeling that more effectively convey
safety information, and is a step toward
harmonization of our regulations with
PFD requirements in Canada and in
other countries.
DATES: This final rule is effective
October 22, 2014.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this rule
as of May 3, 2012.
ADDRESSES: To view documents
mentioned in this final rule as being
available in the docket, go to https://
www.regulations.gov and insert ‘‘USCG–
2013–0263’’ in the ‘‘Search’’ box. Click
‘‘Search’’ and then click the ‘‘Open
Docket Folder’’ icon. The following link
will take you directly to the docket:
https://www.regulations.gov/
#!docketDetail;D=USCG-2013-0263.
FOR FURTHER INFORMATION CONTACT: For
information about this document call or
email Ms. Brandi Baldwin, Lifesaving
and Fire Safety Division, Coast Guard;
telephone 202–2–372–1394, email
brandi.a.baldwin@uscg.mil. For
information about viewing or submitting
material to the docket, call Cheryl
SUMMARY:
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II. Basis and Purpose
Under 46 U.S.C. 3306, 4102, and
4302, the Secretary of the Department in
which the Coast Guard is operating is
charged with prescribing safety
requirements for lifesaving equipment
on inspected vessels, uninspected
vessels, and recreational vessels. Type
approval and carriage requirements for
personal flotation devices (PFDs) fall
under this authority. In Department of
Homeland Security Delegation No.
0170.1(II)(92)(b), the Secretary delegated
this 46 U.S.C., Subtitle II, authority to
the Commandant. As required under 46
U.S.C. 4302(c)(4), the Coast Guard has
consulted with the National Boating
Safety Advisory Council (NBSAC)
regarding the issue addressed by this
final rule. See NBSAC Resolution 2012–
90–05 (available in the docket).
The purpose of this final rule, which
removes references to type codes in our
regulations on the carriage and labeling
of Coast Guard-approved PFDs, is to
facilitate future adoption of new
industry consensus standards for PFD
labeling that more effectively convey
safety information, and to help
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]]>Agencies
[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Rules and Regulations]
[Pages 56489-56491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22431]
[[Page 56489]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0700]
RIN 1625-AA00
Safety Zone; Riverside Music Festival, Missouri River, Mile
372.0; Riverside, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Missouri River, covering all waters within a 700 foot
radius of the barge located at mile 372.0. This temporary safety zone
is necessary to protect persons and property from potential damage and
safety hazards during the Riverside Music Festival. Entry into, transit
through or remaining within this zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) Upper Mississippi River or
a designated representative.
DATES: This rule is effective from 09:00 p.m. to 11:30 p.m. on
September 20, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0700. To view documents mentioned in this preamble as being
available in the docket, go to 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 rulemaking. 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 rule,
call or email Mr. Matt Marler, U.S. Coast Guard; telephone 314-269-
2546, email matthew.v.marler@uscg.mil. If you have questions on viewing
or submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
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 publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. The Coast Guard was made aware of the event
on June 12, 2014. An event involving fireworks on or over the Missouri
River presents potential hazards and a safety zone is required to
protect persons and property on or near the waterway during the
displays. Completing the NPRM process and providing notice and a
comment period is contrary to the public interest because it would
unnecessarily delay this rule and the immediate safety measures it
provides. Additionally, delaying the effective date for this safety
zone to complete the NPRM process would interfere with the planned
display and would unnecessarily interfere with contractual obligations
related to this event.
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. Providing a full 30
days notice would be impracticable and would unnecessarily delay the
effective date of this rule. Delaying the effective date would also be
contrary to public interest since immediate action is necessary to
protect persons and property from potential hazards associated with
fireworks displays over or on the Upper Mississippi River.
B. Basis and Purpose
A fireworks display is scheduled for September 20, 2014. This
safety zone encompasses all waters extending 700 feet in all directions
of the barge located at mile marker 372.0 on the Missouri River at
Riverside, MO. The Coast Guard determined that a safety zone is
necessary to keep persons and property clear of any potential hazards
associated with the launching of fireworks on or over the waterway.
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.
The purpose of the rule is to establish the necessary temporary
safety zone to provide protection for persons and property, including
spectators, commercial and recreational vessels, and others that may be
in the area during the noticed fireworks display times from the hazards
associated with the fireworks display on and over the waterway.
C. Discussion of the Final Rule
The COTP Upper Mississippi River is establishing a temporary safety
zone from 9:00 p.m. to 11:30 p.m. on September 20, 2014 for the
Riverside Music Festival. The fireworks will be launched from a barge
located within the navigable channel and the safety zone will include
all waters extending 700 feet in all directions at River mile marker
372.0. The Coast Guard will enforce the temporary safety zone and may
be assisted by other federal, state and local agencies and the Coast
Guard Auxiliary. During the periods of enforcement, no vessels may
transit into, through, or remain within this Coast Guard safety zone.
Deviation from the safety zone may be requested by contacting the COTP
Upper Mississippi River or other designated representative. Deviations
will be considered on a case-by-case basis.
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 those Orders. This temporary final
rule establishes a safety zone that will be enforced for a limited time
period. During the enforcement period, vessels are prohibited from
entering into or remaining within the safety zone unless specifically
authorized by the COTP Upper Mississippi River or other
[[Page 56490]]
designated representative. Based on the location, limited safety zone
size, and short duration of the enforcement period, this rule does not
pose a significant regulatory impact. Additionally, notice of this
safety zone or any changes in the planned schedule will be made via
Broadcast Notices to Mariners, Local Notices to Mariners, and/or Marine
Safety Information Bulletins as appropriate. Deviation from this rule
may be requested from the COTP Sector Upper Mississippi and will be
considered on a case-by-case basis.
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 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.
This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor at Missouri River mile 372.0, from 9:00 p.m. to 11:30
p.m. on September 20, 2014. This safety zone would not have a
significant economic impact on a substantial number of small entities
because it is limited in size and will be enforced for a limited time
period. The Coast Guard will provide notice of enforcement and changes
in the planned schedule through Broadcast Notices to Mariners, Local
Notices to Mariners, and/or Marine Safety Information Bulletins as
appropriate.
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 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.
4. 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).
5. Federalism
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 determined
that this rule 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 (adjusted for
inflation) 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 cause 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
guide 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 establishment of a temporary safety
zone to protect persons and property from potential hazards associated
with the scheduled Riverside Music Festival Fireworks display taking
place on or over the Missouri River. This rule 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. We seek any
comments or information that may lead
[[Page 56491]]
to the discovery of a significant environmental impact from this rule.
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. A new Sec. 165.T08-0700 is added to read as follows:
Sec. 165.T08-0700 Safety Zone; Riverside Music Festival, Missouri
River, Mile 372.0, Riverside, MO.
(a) Location. The following area is a temporary safety zone: All
waters of the Missouri River, extending 700 feet in all directions on
the Missouri River mile marker 372.0, at Riverside, MO.
(b) Effective Dates and Enforcement Periods. This safety zone is
effective and will be enforced from 9:00 p.m. to 11:30 p.m. on
September 20, 2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, movement within, or departure
from this zone is prohibited unless authorized by the Captain of the
Port (COTP) Upper Mississippi River or a designated representative.
(2) Persons or vessels requiring entry into, departure from, or
movement within a regulated area must request permission from the COTP
Sector Upper Mississippi or a designated representative. They may be
contacted on VHF-FM Channel 13 or 16, or through Coast Guard Upper
Mississippi River at 314-269-2500.
(3) All persons and vessels shall comply with the instructions of
the COTP Upper Mississippi River and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast
Guard.
(d) Informational Broadcasts. The COTP Upper Mississippi River or a
designated representative will inform the public through Broadcast
Notices to Mariners, Local Notices to Mariners, and/or Marine Safety
Information Bulletins as appropriate of the enforcement period for each
safety zone as well as any changes in the planned and published dates
and times of enforcement.
Dated: July 29, 2014.
M. L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2014-22431 Filed 9-19-14; 8:45 am]
BILLING CODE 9110-04-P
