Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update, 20592-20598 [2016-07997]
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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,
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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
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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:
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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 https://
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 ...
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Champlin, MN .......
Lake of the
Ozarks, MO.
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Safety zone
Upper Mississippi River mile marker
870.5 to 872.0.
Lake of the Ozarks mile marker 025.8
to 026.2.
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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
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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.
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Safety zone
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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
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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
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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
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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 https://
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Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Proposed Rules
www.regulations.gov. If your material
cannot be submitted using https://
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 https://
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 https://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 ......................
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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 ...
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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 ...............
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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).
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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:
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Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2016–0005 at https://
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
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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
https://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
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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 https://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 https://
[[Page 20596]]
www.regulations.gov. If your material cannot be submitted using https://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 https://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 https://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).
[[Page 20598]]
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