Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update, 20592-20598 [2016-07997]

Download as PDF 20592 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules criteria, the Secretary of the Interior conditionally approved the Texas program effective February 16, 1980. You can find background information on the Texas program, including the Secretary’s findings, the disposition of comments, and the conditions of approval of the Texas program in the February 27, 1980, Federal Register (45 FR 12998). You can also find later actions concerning the Texas program and program amendments at 30 CFR 943.10, 943.15, and 943.16. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS II. Description of the Proposed Amendment By letter dated November 17, 2015 (Administrative Record No. TX–705), Texas sent us an amendment to its program under SMCRA (30 U.S.C. 1201 et seq.) at its own initiative. Below is a summary of the changes proposed by Texas. The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES. Texas proposes to revise its regulation at 16 Texas Administrative Code (TAC) section 12.108(b) regarding annual permit fees by: (1) Removing paragraph (b)(1), regarding fees for each acre of land within the permit area on which coal or lignite was actually removed during the calendar year; (2) Increasing the amount of the fee, from $12.00 to $13.05, for each acre of land within a permit area covered by a reclamation bond on December 31st of the year; and (3) Increasing the amount of the fee, from $6,540 to $6,600, for each permit in effect on December 31st of the year. Texas fully funds its share of costs to regulate the coal mining industry with fees paid by the coal industry. Texas charges three fees to meet these costs, a permit application fee and two annual fees as mentioned above. The proposed fee revisions are intended to provide adequate funding to pay the State’s cost of operating its regulatory program, and provide incentives for industry to accomplish reclamation and achieve bond release as quickly as possible. III. Public Comment Procedures Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the State program. Electronic or Written Comments If you submit written comments, they should be specific, confined to issues pertinent to the proposed regulations, VerDate Sep<11>2014 18:31 Apr 07, 2016 Jkt 238001 and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final regulations will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent State or Federal laws or regulations, technical literature, or other relevant publications. We cannot ensure that comments received after the close of the comment period (see DATES) or sent to an address other than those listed (see ADDRESSES) will be included in the docket for this rulemaking and considered. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.t. on April 25, 2016. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations Executive Order 12866—Regulatory Planning and Review This proposed rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866. Other Laws and Executive Orders Affecting Rulemaking When a State submits a program amendment to OSMRE for review, our regulations at 30 CFR 732.17(h) require us to publish a notice in the Federal Register indicating receipt of the proposed amendment, its text or a summary of its terms, and an opportunity for public comment. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 943 Intergovernmental relations, Surface mining, Underground mining. Dated: February 11, 2016. Len Meier, Acting Regional Director, Mid-Continent Region. [FR Doc. 2016–08168 Filed 4–7–16; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2015–1079] RIN 1625–AA00 Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: E:\FR\FM\08APP1.SGM 08APP1 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules The Coast Guard proposes to amend and update its annual and recurring safety zones that take place in the Coast Guard Sector Upper Mississippi River area of responsibility (AOR). This document informs the public of regularly scheduled events that require additional safety measures through establishing a safety zone. This document also proposes to update the 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 AOR. Additionally, this one proposed rulemaking project reduces administrative costs involved in producing separate proposed rules for each individual recurring safety zone and serves to provide notice of the known recurring safety zones throughout the year. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before May 9, 2016. ADDRESSES: You may submit comments identified by docket number USCG– 2015–1079 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. SUMMARY: If you have questions about this proposed rulemaking, 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: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations AOR Area of Responsibility CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Captain of the Port (COTP) Upper Mississippi River is proposing to amend and update its current list of recurring safety zones. The current list of annual and recurring safety zones occurring in Sector Upper Mississippi River’s AOR is published under 33 CFR part 165.801, Table 2. This current list was established through a rulemaking process providing for comment and public participation. No adverse comments were received, resulting in the final rulemaking 80 FR 49911, which was published August 18, 2015. The final rulemaking amended 33 CFR 165.801 to establish the current list of recurring safety zones. This rulemaking proposes to add to, amend, and update the list of annually recurring safety zones under Table 2 in 33 CFR 165.801 for annual and recurring safety zones in the COTP Upper Mississippi zone. The Coast Guard is amending and updating the annual and recurring safety zone regulations under 33 CFR part 165 to include the most up to date list of annual and recurring safety zones for events held on or around navigable waters within Sector Upper Mississippi River’s AOR. These events include fireworks displays, air shows, festival events, and other recurring marine Sponsor/name 1 day—Weekend before Thanksgiving .. Main Street Parkway Association/Parkville Christmas on the River. St. Louis Drag Boat Association/New Athens Drag Boat Race. City of Marquette/Marquette Independence Day Celebration. 2 days—A weekend in September ........ asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 1 day—4th of July weekend ................... related safety needs. The current list under 33 CFR 165.801 requires amending to provide new information on existing safety zones, updating to include new safety zones expected to recur annually, and to remove safety zones that are no longer required. Issuing individual regulations for each new safety zone, amendment, or removal of an existing safety zones creates unnecessary administrative costs and burdens. This single proposed rulemaking will considerably reduce administrative overhead and provide the public with notice through publication in the Federal Register of the upcoming annual and recurring safety zones. The Coast Guard proposes this rulemaking under the authority in 33 U.S.C. 1221. III. Discussion of Proposed Rule 33 CFR part 165 contains regulations establishing limited access areas on U.S. navigable waters. Section 165.801 lists the established recurring safety zones taking place in the Eighth Coast Guard District separated into tables for each of the seven sectors within the Eighth District. Table 2 lists the recurring safety zones for Sector Upper Mississippi River. This section, and table, requires amendment from time to time to properly reflect the recurring safety zones in Sector Upper Mississippi River’s AOR. This proposed rule amends and updates Section 165.801 replacing the current Table 2 for Sector Upper Mississippi River. Additionally, this proposed rule adds 3 new, modifies 7, and removes 14 recurring safety zones as listed below. This proposed rule adds 3 new safety zones to Table 2 in § 165.801 as follows: Sector Upper Mississippi River location Date 20593 Parkville, MO ........ New Athens, IL ..... Marquette, IA ........ Safety zone Missouri River mile marker 377.5 to 378.0. Kaskaskia River mile marker 119.7 to 120.3. Upper Mississippi River mile marker 634.2 to 635.7. This proposed rule modifies the following 7 safety zones currently listed in Table 2 in § 165.801 as follows: Sector Upper Mississippi River location Date Sponsor/name 3. 1 day—2nd weekend of June ............ City of Champlin/Father Hennepin Fireworks Display. Tan-Tar-A Resort/Tan-Tar-A Labor Day Fireworks. 6. 1 day—1st weekend of September ... VerDate Sep<11>2014 18:31 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 Champlin, MN ....... Lake of the Ozarks, MO. E:\FR\FM\08APP1.SGM Safety zone Upper Mississippi River mile marker 870.5 to 872.0. Lake of the Ozarks mile marker 025.8 to 026.2. 08APP1 20594 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules Sector Upper Mississippi River location Date Sponsor/name 12. 1 day—4th of July weekend ............ Guttenberg Development and Tourism/ Stars and Stripes River Day. Winona Steamboat Days/Winona Steamboat Days Fireworks. Fair of St. Louis/Fair St. Louis ............. 34. 1 day—Sunday of Father’s Day weekend. 35. 3 days—4th of July weekend ........... 45. 2 days—3rd weekend of September 48. 2 days—Weekend that precedes Labor Day Weekend. Riverside Chamber of Commerce/ Riverfest. Lake of the Ozarks Shootout, Inc./Lake of the Ozarks Shootout. Guttenberg, IA ...... Winona, MN .......... St. Louis, MO ........ Riverside, MO ....... Lake of the Ozarks, MO. Safety zone Upper Mississippi River mile marker 615.0 to 615.5. Upper Mississippi River mile marker 725.4 to 725.7. Upper Mississippi River mile marker 179.2 to 180.0. Missouri River mile marker 371.8 to 372.2 Lake of the Ozarks mile marker 032.5 to 034.5. This proposed rule removes the following 14 safety zones from the existing Table 2 in § 165.801: Sector Upper Mississippi River location Date Sponsor/name 14. 1 day—4th of July weekend ...................... Hannibal Jaycees/National Tom Sawyer Days. Fort Madison Partner/ Fort Madison Fourth of July Fireworks. Taste of Minnesota/ Taste of Minnesota. John E. Curran/John E. Curran Fireworks. Chillicothe Police Department/Chillicothe 4th of July. Clinton Riverboat Day/ Clinton Riverboat Days. Harrah’s Casino and Hotel/Harrah’s Fireworks Extravaganza. Fair of St. Louis/Live on the Levee. Hannibal, MO ............. Upper Mississippi River mile marker 308.0 to 309.0. Fort Madison, WI ........ Upper Mississippi River mile marker 383.0 to 384.0. Minneapolis, MN ........ Upper Mississippi River mile marker 839.8 to 840.2. Lake of the Ozarks mile marker 008.8 to 009.2. Illinois River mile marker 179.1 to 180.0. Rivercade Association/ Sioux City Rivercade. Camden on the Lake Labor Day Fireworks/Camden on the Lake. New Piasa Chautauqua/New Piasa Chautauqua. Horny Toad, Inc./ Horny Toad Fireworks Display. Omaha Royals/Omaha World Herald Fireworks. Great River Days, Inc./ Great River Days. 15. 1 day—4th of July weekend ...................... 16. 5 days—Last week in June/1st week in July. 17. 1 day—4th of July weekend ...................... 25. 1 day—4th of July weekend ...................... 26. 2 days—2nd weekend in July .................... 27. 1 day—4th of July weekend ...................... 36. Friday and Saturday, every weekend from the 2nd weekend of July until the 2nd weekend in August. 47. 1 day—3rd week in July ............................ 49. 1 day—1st weekend of September ........... 51. 1 day—1st weekend of August .................. 52. 1 day—last weekend in May ...................... 53. 1 day—4th of July weekend ...................... asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 54. 1 day—Last weekend in July ..................... The effect of this proposed rule will be to restrict general navigation in the safety zone during the event. Vessels will experience limited access on the waterway when the safety zones are in effect. Requests to transit into, through, or within a safety zone will be VerDate Sep<11>2014 18:31 Apr 07, 2016 Jkt 238001 Lake of the Ozarks, MO. Chillicothe, IL .............. Clinton, IA ................... Upper Mississippi River mile marker 518.0 to 519.0. Omaha, NE ................ Missouri River mile marker 615.0 to 615.6. St. Louis, MO ............. Upper Mississippi River mile marker 179.2 to 180.0. North Sioux City, SD .. Missouri River mile marker 732.2 to 732.6. Lake of the Ozarks, MO. Lake of the Ozarks mile marker 007.1 to 006.9. Elsah, IL ..................... Upper Mississippi River mile marker 215.6 to 216. Lake of the Ozarks ..... Lake of the Ozarks mile marker 006.8 to 007.2. Omaha, NE ................ Missouri River mile marker 612.1 to 613.9. Muscatine, IA ............. Upper Mississippi River mile marker 455.0 to 456.0. considered and will be allowed only when deemed safe by the COTP Upper Mississippi River, or designated representative. PO 00000 Frm 00020 Fmt 4702 Safety zone Sfmt 4702 IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and E:\FR\FM\08APP1.SGM 08APP1 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules Executive Orders and we discuss First Amendment rights of protestors. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 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 NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget. The Coast Guard expects the economic impact of this proposed rule to be minimal, and therefore a full regulatory evaluation is unnecessary. This proposed rule establishes safety zones limiting access to certain areas under 33 CFR part 165 within Sector Upper Mississippi River’s AOR. 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. Deviation from the safety zones established through this proposed rulemaking may be requested from the COTP Upper Mississippi River or a designated representative and requests will be considered on a caseby-case basis. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit these safety zones may be small entities, for the reasons stated in section IV.A. above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental VerDate Sep<11>2014 18:31 Apr 07, 2016 Jkt 238001 jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed 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 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 20595 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves rules establishes safety zones limiting access to certain areas under 33 CFR 165 within Sector Upper Mississippi River’s AOR. Normally such actions are categorically excluded from further review under paragraph 34(h) of Figure 2–1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// E:\FR\FM\08APP1.SGM 08APP1 20596 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 proposes to amend 33 CFR part 165 as follows: 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. Amend § 165.801(d) by revising Table 2 to read as follows: ■ § 165.801 Annual fireworks displays and other events in the Eighth Coast Guard District requiring safety zones. * * * * * TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES Date Sponsor/name 1. 1 day—4th weekend of July ........................ Marketing Minneapolis LLC/Target Aquatennial Fireworks. Radio Dubuque/Radio Dubuque Fireworks and Air show. City of Champlin/Father Hennepin Fireworks Display. Downtown Main Street/Mississippi Alumination. Tan-Tar-A Resort/TanTar-A 4th of July Fireworks. Tan-Tar-A Resort/TanTar-A Labor Day Fireworks. Tan-Tar-A Resort/TanTar-A Memorial Day fireworks. 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. Louisiana Chamber of Commerce/Louisiana July 4th Fireworks. Guttenberg Development and Tourism/ Stars and Stripes River Day. Riverfest, Inc./La Crosse Riverfest. Prairie du Chien Area Chamber of Commerce/Prairie du Chien Area Chamber Fireworks. 2. 1 day—4th of July weekend ........................ 3. 1 day—2nd weekend of June ...................... 4. 1 day—4th of July weekend ........................ 5. 1 day—4th of July weekend ........................ 6. 1 day—1st weekend of September ............. 7. 1 day—Last Sunday in May ......................... 8. 1 day—4th of July weekend ........................ 9. 1 day—4th of July weekend ........................ 10. 1 day—Last weekend in June/First weekend in July. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 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 ...................... VerDate Sep<11>2014 18:31 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4702 Sector Upper Mississippi River location Safety zone Minneapolis, MN ........ Upper Mississippi River mile marker 853.2 to 854.2. Dubuque, IA ............... Upper Mississippi River mile marker 581.0 to 583.0. Champlin, MN ............ Upper Mississippi River mile marker 870.5 to 872.0. Red Wing, MN ............ Upper Mississippi River mile marker 790.8 to 791.2. Lake of the Ozarks, MO. Lake of the Ozarks mile marker 025.8 to 026.2. Lake of the Ozarks, MO. Lake of the Ozarks mile marker 025.8 to 026.2. Lake of the Ozarks, MO. Lake of the Ozarks mile marker 025.8 to 026.2. Lake City, MN ............ Upper Mississippi River mile marker 772.4 to 772.8. Muscatine, IA ............. Upper Mississippi River mile marker 455.0 to 456.0. Kansas City, KS ......... Missouri River mile marker 364.8 to 365.2. Louisiana, MO ............ Upper Mississippi River mile marker 282.0 to 283.0. Guttenberg, IA ............ Upper Mississippi River mile marker 615.0 to 615.5. La Crosse, WI ............ Upper Mississippi River mile marker 697.5 to 698.5 (Wisconsin). Upper Mississippi River mile marker 633.8 to 634.2. Prairie du Chien, WI ... Sfmt 4702 E:\FR\FM\08APP1.SGM 08APP1 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules 20597 TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued Date Sponsor/name 15. 1 day—4th of July weekend ...................... JMP Radio/Red White and Boom Peoria. Hudson Boosters/Hudson Booster Days. City of St. Charles/St. Charles Riverfest. Minneapolis Park and Recreation Board/ Red, White, and Boom Minneapolis. Davenport One Chamber/Red White and Boom. Amelia Earhart Festival Committee/ Amelia Earhart Festival. Alton Exposition Commission/Mississippi Fireworks Festival. Burlington Steamboat Days/Burlington Steamboat Days. Lodge of the Four Seasons/Lodge of the Four Seasons Memorial Day Fireworks. Lodge of the Four Seasons/Labor Day Fireworks. Lodge of the Four Seasons/Lodge of the Four Seasons 4th of July. Hasting Riverboat Days/Rivertown Days. Winona Steamboat Days/Winona Steamboat Days Fireworks. Fair of St. Louis/Fair St. Louis. Bellevue Heritage Days/Bellevue Heritage Days. Main Street Parkway Association/Parkville 4th of July Fireworks. Hermann Chamber of Commerce/Hermann 4th of July. Grafton Chamber of Commerce/Grafton Chamber 4th of July Fireworks. Salute to America Foundation, Inc./Salute to America. McGregor/Marquette Chamber Commerce/Independence Day Celebration. Tug Committee/Great River Tug. 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 ...................... 20. 2 days—3rd weekend of July .................... 21. 1 day—4th of July weekend ...................... 22. 1 day—3rd Sunday in June ....................... 23. 1 day—Last Sunday in May ....................... 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 ...................... asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 32. 1 day—4th of July weekend ...................... 33. 1 day—4th of July weekend ...................... 34. 1 day—4th of July weekend ...................... 35. 2 days—2nd weekend in August ............... VerDate Sep<11>2014 18:31 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4702 Sector Upper Mississippi River location Safety zone Peoria, IL .................... Illinois River mile marker 162.5 to 162.1. Hudson, WI ................ St. Croix River mile marker 016.8 to 017.2. St. Charles, MO ......... Missouri River mile marker 028.2 to 028.8. Minneapolis, MN ........ Upper Mississippi River mile marker 853.5 to 854.5. Davenport, IA ............. Upper Mississippi River mile marker 482.0 to 482.7. Kansas City, KS ......... Missouri River mile marker 422.0 to 424.5. Alton, IL ...................... Upper Mississippi River mile marker 202.5 to 203.0. Burlington, IA .............. Upper Mississippi River mile marker 403.5 to 404.5. Lake of the Ozarks, MO. Lake of the Ozarks mile marker 013.8 to 014.2. Lake of the Ozarks, MO. Lake of the Ozarks mile marker 013.8 to 014.2. Lake of the Ozarks, MO. Lake of the Ozarks mile marker 013.8 to 014.2. Hasting, MN ............... Upper Mississippi River mile marker 813.7 to 815.2. Winona, MN ............... Upper Mississippi River mile marker 725.4 to 725.7. St. Louis, MO ............. Upper Mississippi River mile marker 179.2 to 180.0. Upper Mississippi River mile marker 556.0 to 556.5. Bellevue, IA ................ Parkville, MO .............. Missouri River mile marker 378.0 to 377.5. Hermann, MO ............. Missouri River mile marker 099.0 to 098.0 (Missouri). Grafton, IL .................. Illinois River mile marker 001.5 to 000.5 (Illinois). Jefferson City, MO ..... Missouri River mile marker 143.5 to 143.0 (Missouri). McGregor, IA .............. Upper Mississippi River mile marker 635.7 to 634.2. Port Byron, IL ............. Upper Mississippi River mile marker 497.2 to 497.6 (Illinois). Sfmt 4702 E:\FR\FM\08APP1.SGM 08APP1 20598 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued Date Sponsor/name 36. 1 day—4th of July weekend ...................... City of Stillwater/St. Croix Events/Stillwater 4th of July. Riverside Chamber of Commerce/Riverfest. St. Croix Events/Lumberjack Days. Lake of the Ozarks Shootout, Inc./Lake of the Ozarks Shootout. City of Keithsburg/ Keithsburg Fireworks Display. City of East Moline/ City of East Moline Fireworks. Lansing Lion’s Club/ Lansing Fish Days Fireworks. River Action/Floatzilla 37. 2 days—3rd weekend of September ......... 38. 4 days—3rd week of July .......................... 39. 2 days—Weekend that precedes Labor Day Weekend. 40. 2 days—1st weekend of September .......... 41. 1 day—4th of July weekend ...................... 42. 2nd Weekend in August ............................. 43. 3rd Weekend in August ............................. 44. 1 day—Weekend before Thanksgiving ...... 45. 2 days—A weekend in September ............ 46. 1 day—4th of July weekend ...................... * * * * Main Street Parkway Association/Parkville Christmas on the River. St. Louis Drag Boat Association/New Athens Drag Boat Race. City of Marquette/Marquette Independence Day Celebration. Sector Upper Mississippi River location Stillwater, MN ............. St. Croix River mile marker 022.9 to 023.5 (Minnesota). Riverside, MO ............ Missouri River mile marker 371.8 to 372.2. Stillwater, MN ............. St. Croix River mile marker 022.9 to 023.5 (Minnesota). Lake of the Ozarks mile marker 032.5 to 034.5. Lake of the Ozarks, MO. Keithsburg, IL ............. Upper Mississippi River mile marker 427.5 to 427.3. East Moline, IA ........... Upper Mississippi River mile marker 490.2 to 489.8. Lansing, IA ................. Upper Mississippi River mile marker 662.8– 663.9. Rock Island, Illinois .... Parkville, MO .............. Upper Mississippi River mile marker 479.0– 486.0. Missouri River mile marker 377.5 to 378.0. New Athens, IL ........... Kaskaskia River mile marker 119.7 to 120.3. Marquette, IA .............. Upper Mississippi River mile marker 634.2 to 635.7. Pennsylvania. This SIP revision amends two regulations to clarify testing and sampling methods for stationary sources of particulate matter (PM) and add the requirement to measure and report filterable and condensable PM. This action is being taken under the Clean Air Act (CAA). * Dated: April 4, 2016. M. L. Malloy, Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River. [FR Doc. 2016–07997 Filed 4–7–16; 8:45 am] BILLING CODE 9110–04–P Written comments must be received on or before May 9, 2016. DATES: ENVIRONMENTAL PROTECTION AGENCY asabaliauskas on DSK3SPTVN1PROD with PROPOSALS [EPA–R03–OAR–2016–0005; FRL–9944–72– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Measurement and Reporting of Condensable Particulate Matter Emissions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of SUMMARY: VerDate Sep<11>2014 18:31 Apr 07, 2016 Jkt 238001 Submit your comments, identified by Docket ID Number EPA– R03–OAR–2016–0005 at http:// www.regulations.gov, or via email to fernandez.cristina@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. ADDRESSES: 40 CFR Part 52 PO 00000 Frm 00024 Fmt 4702 Safety zone Sfmt 4702 The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814–2181, or by email at pino.maria@epa.gov. SUPPLEMENTARY INFORMATION: I. Background PM, also known as particle pollution, is a complex mixture of extremely small particles and liquid droplets. Particle pollution is made up of a number of components, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles. The E:\FR\FM\08APP1.SGM 08APP1

Agencies

[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Proposed Rules]
[Pages 20592-20598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07997]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1079]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

[[Page 20593]]

SUMMARY: The Coast Guard proposes to amend and update its annual and 
recurring safety zones that take place in the Coast Guard Sector Upper 
Mississippi River area of responsibility (AOR). This document informs 
the public of regularly scheduled events that require additional safety 
measures through establishing a safety zone. This document also 
proposes to update the 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 AOR. Additionally, this one 
proposed rulemaking project reduces administrative costs involved in 
producing separate proposed rules for each individual recurring safety 
zone and serves to provide notice of the known recurring safety zones 
throughout the year. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 9, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-1079 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, 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

AOR Area of Responsibility
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Captain of the Port (COTP) Upper Mississippi River is proposing 
to amend and update its current list of recurring safety zones.
    The current list of annual and recurring safety zones occurring in 
Sector Upper Mississippi River's AOR is published under 33 CFR part 
165.801, Table 2. This current list was established through a 
rulemaking process providing for comment and public participation. No 
adverse comments were received, resulting in the final rulemaking 80 FR 
49911, which was published August 18, 2015. The final rulemaking 
amended 33 CFR 165.801 to establish the current list of recurring 
safety zones.
    This rulemaking proposes to add to, amend, and update the list of 
annually recurring safety zones under Table 2 in 33 CFR 165.801 for 
annual and recurring safety zones in the COTP Upper Mississippi zone.
    The Coast Guard is amending and updating the annual and recurring 
safety zone regulations under 33 CFR part 165 to include the most up to 
date list of annual and recurring safety zones for events held on or 
around navigable waters within Sector Upper Mississippi River's AOR. 
These events include fireworks displays, air shows, festival events, 
and other recurring marine related safety needs. The current list under 
33 CFR 165.801 requires amending to provide new information on existing 
safety zones, updating to include new safety zones expected to recur 
annually, and to remove safety zones that are no longer required. 
Issuing individual regulations for each new safety zone, amendment, or 
removal of an existing safety zones creates unnecessary administrative 
costs and burdens. This single proposed rulemaking will considerably 
reduce administrative overhead and provide the public with notice 
through publication in the Federal Register of the upcoming annual and 
recurring safety zones. The Coast Guard proposes this rulemaking under 
the authority in 33 U.S.C. 1221.

III. Discussion of Proposed Rule

    33 CFR part 165 contains regulations establishing limited access 
areas on U.S. navigable waters. Section 165.801 lists the established 
recurring safety zones taking place in the Eighth Coast Guard District 
separated into tables for each of the seven sectors within the Eighth 
District. Table 2 lists the recurring safety zones for Sector Upper 
Mississippi River. This section, and table, requires amendment from 
time to time to properly reflect the recurring safety zones in Sector 
Upper Mississippi River's AOR. This proposed rule amends and updates 
Section 165.801 replacing the current Table 2 for Sector Upper 
Mississippi River.
    Additionally, this proposed rule adds 3 new, modifies 7, and 
removes 14 recurring safety zones as listed below.
    This proposed rule adds 3 new safety zones to Table 2 in Sec.  
165.801 as follows:

----------------------------------------------------------------------------------------------------------------
                                                                     Sector Upper
               Date                        Sponsor/name           Mississippi River           Safety zone
                                                                       location
----------------------------------------------------------------------------------------------------------------
1 day--Weekend before Thanksgiving  Main Street Parkway         Parkville, MO........  Missouri River mile
                                     Association/Parkville                              marker 377.5 to 378.0.
                                     Christmas on the River.
2 days--A weekend in September....  St. Louis Drag Boat         New Athens, IL.......  Kaskaskia River mile
                                     Association/New Athens                             marker 119.7 to 120.3.
                                     Drag Boat Race.
1 day--4th of July weekend........  City of Marquette/          Marquette, IA........  Upper Mississippi River
                                     Marquette Independence                             mile marker 634.2 to
                                     Day Celebration.                                   635.7.
----------------------------------------------------------------------------------------------------------------

    This proposed rule modifies the following 7 safety zones currently 
listed in Table 2 in Sec.  165.801 as follows:

----------------------------------------------------------------------------------------------------------------
                                                                     Sector Upper
               Date                        Sponsor/name           Mississippi River           Safety zone
                                                                       location
----------------------------------------------------------------------------------------------------------------
3. 1 day--2nd weekend of June.....  City of Champlin/Father     Champlin, MN.........  Upper Mississippi River
                                     Hennepin Fireworks                                 mile marker 870.5 to
                                     Display.                                           872.0.
6. 1 day--1st weekend of September  Tan-Tar-A Resort/Tan-Tar-A  Lake of the Ozarks,    Lake of the Ozarks mile
                                     Labor Day Fireworks.        MO.                    marker 025.8 to 026.2.

[[Page 20594]]

 
12. 1 day--4th of July weekend....  Guttenberg Development and  Guttenberg, IA.......  Upper Mississippi River
                                     Tourism/Stars and Stripes                          mile marker 615.0 to
                                     River Day.                                         615.5.
34. 1 day--Sunday of Father's Day   Winona Steamboat Days/      Winona, MN...........  Upper Mississippi River
 weekend.                            Winona Steamboat Days                              mile marker 725.4 to
                                     Fireworks.                                         725.7.
35. 3 days--4th of July weekend...  Fair of St. Louis/Fair St.  St. Louis, MO........  Upper Mississippi River
                                     Louis.                                             mile marker 179.2 to
                                                                                        180.0.
45. 2 days--3rd weekend of          Riverside Chamber of        Riverside, MO........  Missouri River mile
 September.                          Commerce/Riverfest.                                marker 371.8 to 372.2
48. 2 days--Weekend that precedes   Lake of the Ozarks          Lake of the Ozarks,    Lake of the Ozarks mile
 Labor Day Weekend.                  Shootout, Inc./Lake of      MO.                    marker 032.5 to 034.5.
                                     the Ozarks Shootout.
----------------------------------------------------------------------------------------------------------------

    This proposed rule removes the following 14 safety zones from the 
existing Table 2 in Sec.  165.801:

----------------------------------------------------------------------------------------------------------------
                                                                  Sector Upper
                Date                      Sponsor/name          Mississippi River            Safety zone
                                                                    location
----------------------------------------------------------------------------------------------------------------
14. 1 day--4th of July weekend.....  Hannibal Jaycees/       Hannibal, MO..........  Upper Mississippi River
                                      National Tom Sawyer                             mile marker 308.0 to
                                      Days.                                           309.0.
15. 1 day--4th of July weekend.....  Fort Madison Partner/   Fort Madison, WI......  Upper Mississippi River
                                      Fort Madison Fourth                             mile marker 383.0 to
                                      of July Fireworks.                              384.0.
16. 5 days--Last week in June/1st    Taste of Minnesota/     Minneapolis, MN.......  Upper Mississippi River
 week in July.                        Taste of Minnesota.                             mile marker 839.8 to
                                                                                      840.2.
17. 1 day--4th of July weekend.....  John E. Curran/John E.  Lake of the Ozarks, MO  Lake of the Ozarks mile
                                      Curran Fireworks.                               marker 008.8 to 009.2.
25. 1 day--4th of July weekend.....  Chillicothe Police      Chillicothe, IL.......  Illinois River mile marker
                                      Department/                                     179.1 to 180.0.
                                      Chillicothe 4th of
                                      July.
26. 2 days--2nd weekend in July....  Clinton Riverboat Day/  Clinton, IA...........  Upper Mississippi River
                                      Clinton Riverboat                               mile marker 518.0 to
                                      Days.                                           519.0.
27. 1 day--4th of July weekend.....  Harrah's Casino and     Omaha, NE.............  Missouri River mile marker
                                      Hotel/Harrah's                                  615.0 to 615.6.
                                      Fireworks
                                      Extravaganza.
36. Friday and Saturday, every       Fair of St. Louis/Live  St. Louis, MO.........  Upper Mississippi River
 weekend from the 2nd weekend of      on the Levee.                                   mile marker 179.2 to
 July until the 2nd weekend in                                                        180.0.
 August.
47. 1 day--3rd week in July........  Rivercade Association/  North Sioux City, SD..  Missouri River mile marker
                                      Sioux City Rivercade.                           732.2 to 732.6.
49. 1 day--1st weekend of September  Camden on the Lake      Lake of the Ozarks, MO  Lake of the Ozarks mile
                                      Labor Day Fireworks/                            marker 007.1 to 006.9.
                                      Camden on the Lake.
51. 1 day--1st weekend of August...  New Piasa Chautauqua/   Elsah, IL.............  Upper Mississippi River
                                      New Piasa Chautauqua.                           mile marker 215.6 to 216.
52. 1 day--last weekend in May.....  Horny Toad, Inc./Horny  Lake of the Ozarks....  Lake of the Ozarks mile
                                      Toad Fireworks                                  marker 006.8 to 007.2.
                                      Display.
53. 1 day--4th of July weekend.....  Omaha Royals/Omaha      Omaha, NE.............  Missouri River mile marker
                                      World Herald                                    612.1 to 613.9.
                                      Fireworks.
54. 1 day--Last weekend in July....  Great River Days, Inc./ Muscatine, IA.........  Upper Mississippi River
                                      Great River Days.                               mile marker 455.0 to
                                                                                      456.0.
----------------------------------------------------------------------------------------------------------------

    The effect of this proposed rule will be to restrict general 
navigation in the safety zone during the event. Vessels will experience 
limited access on the waterway when the safety zones are in effect. 
Requests to transit into, through, or within a safety zone will be 
considered and will be allowed only when deemed safe by the COTP Upper 
Mississippi River, or designated representative.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and

[[Page 20595]]

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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    The Coast Guard expects the economic impact of this proposed rule 
to be minimal, and therefore a full regulatory evaluation is 
unnecessary. This proposed rule establishes safety zones limiting 
access to certain areas under 33 CFR part 165 within Sector Upper 
Mississippi River's AOR. 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. Deviation from the safety zones established through 
this proposed rulemaking may be requested from the COTP Upper 
Mississippi River or a designated representative and 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit 
these safety zones may be small entities, for the reasons stated in 
section IV.A. above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves rules 
establishes safety zones limiting access to certain areas under 33 CFR 
165 within Sector Upper Mississippi River's AOR. Normally such actions 
are categorically excluded from further review under paragraph 34(h) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://

[[Page 20596]]

www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.
0
2. Amend Sec.  165.801(d) by revising Table 2 to read as follows:


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

* * * * *

           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 of July......  Marketing Minneapolis   Minneapolis, MN.......  Upper Mississippi River
                                      LLC/Target                                      mile marker 853.2 to
                                      Aquatennial Fireworks.                          854.2.
2. 1 day--4th of July weekend......  Radio Dubuque/Radio     Dubuque, IA...........  Upper Mississippi River
                                      Dubuque Fireworks and                           mile marker 581.0 to
                                      Air show.                                       583.0.
3. 1 day--2nd weekend of June......  City of Champlin/       Champlin, MN..........  Upper Mississippi River
                                      Father Hennepin                                 mile marker 870.5 to
                                      Fireworks Display.                              872.0.
4. 1 day--4th of July weekend......  Downtown Main Street/   Red Wing, MN..........  Upper Mississippi River
                                      Mississippi                                     mile marker 790.8 to
                                      Alumination.                                    791.2.
5. 1 day--4th of July weekend......  Tan-Tar-A Resort/Tan-   Lake of the Ozarks, MO  Lake of the Ozarks mile
                                      Tar-A 4th of July                               marker 025.8 to 026.2.
                                      Fireworks.
6. 1 day--1st weekend of September.  Tan-Tar-A Resort/Tan-   Lake of the Ozarks, MO  Lake of the Ozarks mile
                                      Tar-A Labor Day                                 marker 025.8 to 026.2.
                                      Fireworks.
7. 1 day--Last Sunday in May.......  Tan-Tar-A Resort/Tan-   Lake of the Ozarks, MO  Lake of the Ozarks mile
                                      Tar-A Memorial Day                              marker 025.8 to 026.2.
                                      fireworks.
8. 1 day--4th of July weekend......  Lake City Chamber of    Lake City, MN.........  Upper Mississippi River
                                      Commerce/Lake City                              mile marker 772.4 to
                                      4th of July Fireworks.                          772.8.
9. 1 day--4th of July weekend......  Greater Muscatine       Muscatine, IA.........  Upper Mississippi River
                                      Chamber of Commerce/                            mile marker 455.0 to
                                      Muscatine 4th of July.                          456.0.
10. 1 day--Last weekend in June/     Friends of the River    Kansas City, KS.......  Missouri River mile marker
 First weekend in July.               Kansas City/KC                                  364.8 to 365.2.
                                      Riverfest.
11. 1 day--4th of July weekend.....  Louisiana Chamber of    Louisiana, MO.........  Upper Mississippi River
                                      Commerce/Louisiana                              mile marker 282.0 to
                                      July 4th Fireworks.                             283.0.
12. 1 day--4th of July weekend.....  Guttenberg Development  Guttenberg, IA........  Upper Mississippi River
                                      and Tourism/Stars and                           mile marker 615.0 to
                                      Stripes River Day.                              615.5.
13. 4 days--1st or 2nd week of July  Riverfest, Inc./La      La Crosse, WI.........  Upper Mississippi River
                                      Crosse Riverfest.                               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 River
                                      Chamber of Commerce/                            mile marker 633.8 to
                                      Prairie du Chien Area                           634.2.
                                      Chamber Fireworks.

[[Page 20597]]

 
15. 1 day--4th of July weekend.....  JMP Radio/Red White     Peoria, IL............  Illinois River mile marker
                                      and Boom Peoria.                                162.5 to 162.1.
16. 1 day--Last weekend in June/     Hudson Boosters/Hudson  Hudson, WI............  St. Croix River mile marker
 First weekend in July.               Booster Days.                                   016.8 to 017.2.
17. 2 days--4th of July weekend....  City of St. Charles/    St. Charles, MO.......  Missouri River mile marker
                                      St. Charles Riverfest.                          028.2 to 028.8.
18. 1 day--4th of July weekend.....  Minneapolis Park and    Minneapolis, MN.......  Upper Mississippi River
                                      Recreation Board/Red,                           mile marker 853.5 to
                                      White, and Boom                                 854.5.
                                      Minneapolis.
19. 1 day--4th of July weekend.....  Davenport One Chamber/  Davenport, IA.........  Upper Mississippi River
                                      Red White and Boom.                             mile marker 482.0 to
                                                                                      482.7.
20. 2 days--3rd weekend of July....  Amelia Earhart          Kansas City, KS.......  Missouri River mile marker
                                      Festival Committee/                             422.0 to 424.5.
                                      Amelia Earhart
                                      Festival.
21. 1 day--4th of July weekend.....  Alton Exposition        Alton, IL.............  Upper Mississippi River
                                      Commission/                                     mile marker 202.5 to
                                      Mississippi Fireworks                           203.0.
                                      Festival.
22. 1 day--3rd Sunday in June......  Burlington Steamboat    Burlington, IA........  Upper Mississippi River
                                      Days/Burlington                                 mile marker 403.5 to
                                      Steamboat Days.                                 404.5.
23. 1 day--Last Sunday in May......  Lodge of the Four       Lake of the Ozarks, MO  Lake of the Ozarks mile
                                      Seasons/Lodge of the                            marker 013.8 to 014.2.
                                      Four Seasons Memorial
                                      Day Fireworks.
24. 1 day--First weekend of          Lodge of the Four       Lake of the Ozarks, MO  Lake of the Ozarks mile
 September.                           Seasons/Labor Day                               marker 013.8 to 014.2.
                                      Fireworks.
25. 1 day--4th of July weekend.....  Lodge of the Four       Lake of the Ozarks, MO  Lake of the Ozarks mile
                                      Seasons/Lodge of the                            marker 013.8 to 014.2.
                                      Four Seasons 4th of
                                      July.
26. 2 days--3rd weekend in July....  Hasting Riverboat Days/ Hasting, MN...........  Upper Mississippi River
                                      Rivertown Days.                                 mile marker 813.7 to
                                                                                      815.2.
27. 1 day--Sunday of Father's Day    Winona Steamboat Days/  Winona, MN............  Upper Mississippi River
 weekend.                             Winona Steamboat Days                           mile marker 725.4 to
                                      Fireworks.                                      725.7.
28. 3 days--4th of July weekend....  Fair of St. Louis/Fair  St. Louis, MO.........  Upper Mississippi River
                                      St. Louis.                                      mile marker 179.2 to
                                                                                      180.0.
29. 1 day--Last weekend in June/     Bellevue Heritage Days/ Bellevue, IA..........  Upper Mississippi River
 First weekend in July.               Bellevue Heritage                               mile marker 556.0 to
                                      Days.                                           556.5.
30. 1 day--4th of July weekend.....  Main Street Parkway     Parkville, MO.........  Missouri River mile marker
                                      Association/Parkville                           378.0 to 377.5.
                                      4th of July Fireworks.
31. 1 day--4th of July weekend.....  Hermann Chamber of      Hermann, MO...........  Missouri River mile marker
                                      Commerce/Hermann 4th                            099.0 to 098.0 (Missouri).
                                      of July.
32. 1 day--4th of July weekend.....  Grafton Chamber of      Grafton, IL...........  Illinois River mile marker
                                      Commerce/Grafton                                001.5 to 000.5 (Illinois).
                                      Chamber 4th of July
                                      Fireworks.
33. 1 day--4th of July weekend.....  Salute to America       Jefferson City, MO....  Missouri River mile marker
                                      Foundation, Inc./                               143.5 to 143.0 (Missouri).
                                      Salute to America.
34. 1 day--4th of July weekend.....  McGregor/Marquette      McGregor, IA..........  Upper Mississippi River
                                      Chamber Commerce/                               mile marker 635.7 to
                                      Independence Day                                634.2.
                                      Celebration.
35. 2 days--2nd weekend in August..  Tug Committee/Great     Port Byron, IL........  Upper Mississippi River
                                      River Tug.                                      mile marker 497.2 to 497.6
                                                                                      (Illinois).

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36. 1 day--4th of July weekend.....  City of Stillwater/St.  Stillwater, MN........  St. Croix River mile marker
                                      Croix Events/                                   022.9 to 023.5
                                      Stillwater 4th of                               (Minnesota).
                                      July.
37. 2 days--3rd weekend of           Riverside Chamber of    Riverside, MO.........  Missouri River mile marker
 September.                           Commerce/Riverfest.                             371.8 to 372.2.
38. 4 days--3rd week of July.......  St. Croix Events/       Stillwater, MN........  St. Croix River mile marker
                                      Lumberjack Days.                                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 mile
 Labor Day Weekend.                   Shootout, Inc./Lake                             marker 032.5 to 034.5.
                                      of the Ozarks
                                      Shootout.
40. 2 days--1st weekend of           City of Keithsburg/     Keithsburg, IL........  Upper Mississippi River
 September.                           Keithsburg Fireworks                            mile marker 427.5 to
                                      Display.                                        427.3.
41. 1 day--4th of July weekend.....  City of East Moline/    East Moline, IA.......  Upper Mississippi River
                                      City of East Moline                             mile marker 490.2 to
                                      Fireworks.                                      489.8.
42. 2nd Weekend in August..........  Lansing Lion's Club/    Lansing, IA...........  Upper Mississippi River
                                      Lansing Fish Days                               mile marker 662.8-663.9.
                                      Fireworks.
43. 3rd Weekend in August..........  River Action/           Rock Island, Illinois.  Upper Mississippi River
                                      Floatzilla.                                     mile marker 479.0-486.0.
44. 1 day--Weekend before            Main Street Parkway     Parkville, MO.........  Missouri River mile marker
 Thanksgiving.                        Association/Parkville                           377.5 to 378.0.
                                      Christmas on the
                                      River.
45. 2 days--A weekend in September.  St. Louis Drag Boat     New Athens, IL........  Kaskaskia River mile marker
                                      Association/New                                 119.7 to 120.3.
                                      Athens Drag Boat Race.
46. 1 day--4th of July weekend.....  City of Marquette/      Marquette, IA.........  Upper Mississippi River
                                      Marquette                                       mile marker 634.2 to
                                      Independence Day                                635.7.
                                      Celebration.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: April 4, 2016.
M. L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2016-07997 Filed 4-7-16; 8:45 am]
 BILLING CODE 9110-04-P