Safety Zones; Upper Mississippi River Between Mile 179.2 and 180.5, St. Louis, MO and Between Mile 839.5 and 840, St. Paul, MN, 34280-34282 [2016-12712]
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Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules and Regulations
safety zone except participants and
vessels that are engaged in the following
operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
(iii) Emergency response vessels.
(7) The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by Federal, State, and
local agencies.
(d) Enforcement Period. This section
will be enforced from 8 p.m. through
8:30 p.m. on July 2, 2016.
Dated: May 17, 2016.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0354]
RIN 1625–AA00
Safety Zones; Upper Mississippi River
Between Mile 179.2 and 180.5, St.
Louis, MO and Between Mile 839.5 and
840, St. Paul, MN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing four temporary safety zones
for two areas of the Upper Mississippi
River (UMR); three safety zones between
UMR mile 179.2 and 180.5, and one
between UMR mile 839.5 to 840. These
temporary safety zones are necessary to
protect persons and property from
potential damage and safety hazards
during fireworks displays on or over the
navigable waterway. During the period
of enforcement, entry into these safety
zones is prohibited unless specifically
authorized by the Captain of the Port
(COTP) Upper Mississippi River or
other designated representative.
DATES: This rule is effective from 7:45
p.m. on June 2, 2016 until 10:30 p.m. on
July 4, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0354 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
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SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
[FR Doc. 2016–12720 Filed 5–27–16; 8:45 am]
ACTION:
email LCDR Sean Peterson, Chief of
Prevention, Sector Upper Mississippi
River, U.S. Coast Guard; telephone 314–
269–2332, email Sean.M.Peterson@
uscg.mil.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency finds good
cause that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to these rules because
fireworks displays on or over the
navigable waterway poses safety
concerns for waterway users. In this
case, the Coast Guard was not notified
of the fireworks displays until April 26,
2016 and May 16, 2016. After full
review of the details for the planned and
locally advertised displays, the Coast
Guard determined action is needed to
protect people and property from the
safety hazards associated with the
fireworks displays on the UMR near St.
Louis, MO and St. Paul, MN. It is
impracticable to publish an NPRM
because we must establish these safety
zones by June 2 and 11, and July 3 and
4, 2016.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making the
rule effective less than 30 days after
publication in the Federal Register.
Delaying the effective date of the rule is
contrary to the public interest as it
would delay the effectiveness of the
temporary safety zones needed to
respond to potential related safety
hazards until after the planned
fireworks displays. This rule does
provide approximately 7 to 30 days
notice for the four safety zones related
to the four planned fireworks displays
on the UMR near St. Louis, MO and St.
Paul, MN.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP has determined that potential
hazards associated with fireworks
displays taking place on or over these
sections of navigable waterway will be
a safety concern for anyone within the
areas that are designated as the safety
zones. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zones during the
fireworks displays.
IV. Discussion of the Rule
This rule establishes four safety zones
as follows:
(1) From 7:45 p.m. until 9 p.m. on
June 2, 2016, for the Ribbon Cutting
Celebration for the Completion of the
Riverfront Component for the Great
Rivers Greenway barge based fireworks
display, all waters of the UMR from
mile 179.2 to 180;
(2) from 9 p.m. until 11 p.m. on June
11, 2016, for the St. Louis Brewers Guild
barge based fireworks display, all waters
of the UMR from mile 179.2 to 180.5;
(3) from 8:30 p.m. until 11 p.m. on
July 3, 2016, for the Lumiere Place July
3, 2016 barge based fireworks display,
all waters of the UMR from mile 180 to
180.5; and
(4) from 10 p.m. until 10:30 p.m. on
July 4, 2016, for the City of St. Paul July
4th Celebration, all waters of the UMR
from mile 839.5 to 840.
Exact times of the closures and any
changes to the planned scheduled will
be communicated to mariners using
Broadcast Notices to Mariners and Local
Notices to Mariners. The safety zones
are intended to protect personnel,
vessels, and the marine environment in
these navigable waters during the
fireworks displays. No vessel or person
will be permitted to enter the safety
zones without obtaining permission
from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
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importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. These rules have not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, they have not been
reviewed by the Office of Management
and Budget.
This temporary final rule establishes
four safety zones, each of which will be
enforced for a limited time period.
During the enforcement periods, vessels
are prohibited from entering into or
remaining within the safety zones
unless specifically authorized by the
COTP or other designated
representative. Based on the locations,
limited safety zone sizes, and short
duration of the enforcement periods,
these rules do not pose a significant
regulatory impact. Additionally, notice
of the safety zones or any changes in the
planned schedules will be made via
Broadcast Notices to Mariners and Local
Notices to Mariners. Deviation from
these rules may be requested from the
COTP or other designated representative
and 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 rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zones may be small entities, for the
reasons stated in section V.A. above,
these rules will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding these rules. If the rules
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
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compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that the actions are one of
a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves safety
zones, each lasting less than three hours
that will limit access to specific areas on
the UMR. These safety zones are
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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. Add § 165.T08–0354 to read as
follows:
■
§ 165.T08–0354 Safety zones; Upper
Mississippi River between mile 179.2 and
180.5; St. Louis, MO and between mile 839.5
and 840, St. Paul, MN.
(a) Safety zones. The following areas
are safety zones:
(1) Great Rivers Greenway fireworks
display, St. Louis, MO:
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(i) Location. All waters of the Upper
Mississippi River from mile 179.2 to
180.
(ii) Enforcement period. This safety
zone will be enforced from 7:45 p.m.
until 9 p.m. on June 2, 2016;
(2) St. Louis Brewers Guild fireworks
display, St. Louis, MO:
(i) Location. All waters of the Upper
Mississippi River from mile 179.2 to
180.5.
(ii) Enforcement period. This safety
zone will be enforced from 9 p.m. until
11 p.m. on June 11, 2016;
(3) Lumiere Place fireworks display,
St. Louis, MO:
(i) Location. All waters of the Upper
Mississippi River from mile 180 to
180.5.
(ii) Enforcement period. This safety
zone will be enforced from 8:30 p.m.
until 11 p.m. on July 3, 2016; and
(4) City of St. Paul July 4th
Celebration, St. Paul MN.
(i) Location. All waters of the Upper
Mississippi River from mile 839.5 to
840.
(ii) Enforcement period. This safety
zone will be enforced from 10 p.m. until
10:30 p.m. on July 4, 2016.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port (COTP) Upper Mississippi
River in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zones described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or designated
representative via VHF–FM Channel 16,
or through Coast Guard Sector Upper
Mississippi River at (314) 269–2332.
(3) All persons and vessels shall
comply with the instruction of the
COTP and designated on-scene
personnel.
(d) Information Broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine
Information Broadcasts as appropriate of
the enforcement period for each safety
zone as well as any changes in the
planned and published dates and times
of enforcement.
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Dated: May 19, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. 2016–12712 Filed 5–27–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
II. What does this technical correction
do?
EPA issued a final rule in the Federal
Register of April 8, 2016 (81 FR 20545)
(FRL–9942–99) that was adding
commodities including Vegetable
cucurbit, group 9 to 40 CFR
180.574(a)(1). EPA inadvertently
omitted the language in the codified
text, which would have added Vegetable
cucurbit, group 9.
40 CFR Part 180
III. Why is this correction issued as a
final rule?
[EPA–HQ–OPP–2015–0197; FRL–9945–05]
Section 553 of the Administrative
Procedure Act (APA) (5 U.S.C.
553(b)(3)(B)) provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a final
rule without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making this technical correction
final without prior proposal and
opportunity for comment, because this
is correcting a typographical error. EPA
finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).
Fluazinam; Pesticide Tolerances;
Technical Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
AGENCY:
EPA issued a final rule in the
Federal Register of April 8, 2016,
concerning the addition of certain
commodities to 40 CFR 180.574.
Vegetable cucurbit, group 9 was
inadvertently omitted. This document
corrects that omission.
DATES: This final rule correction is
effective May 31, 2016.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2015–0197, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave., NW., Washington,
DC 20460–0001. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the OPP Docket is (703) 305–5805.
Please review the visitor instructions
and additional information about the
docket available at https://www.epa.gov/
dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington DC
20460–0001; telephone number: (703)
305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Does this action apply to me?
The Agency included in the April 8,
2016 final rule a list of those who may
be potentially affected by this action.
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IV. Do any of the statutory and
executive order reviews apply to this
action?
No. For a detailed discussion
concerning the statutory and executive
order review, refer to Unit VI. of the
April 8, 2016 final rule.
V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pest, Reporting and recordkeeping
requirements.
Dated: May 24, 2016.
Susan Lewis,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR part 180 is
corrected as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
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Agencies
[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34280-34282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12712]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0354]
RIN 1625-AA00
Safety Zones; Upper Mississippi River Between Mile 179.2 and
180.5, St. Louis, MO and Between Mile 839.5 and 840, St. Paul, MN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing four temporary safety zones
for two areas of the Upper Mississippi River (UMR); three safety zones
between UMR mile 179.2 and 180.5, and one between UMR mile 839.5 to
840. These temporary safety zones are necessary to protect persons and
property from potential damage and safety hazards during fireworks
displays on or over the navigable waterway. During the period of
enforcement, entry into these safety zones is prohibited unless
specifically authorized by the Captain of the Port (COTP) Upper
Mississippi River or other designated representative.
DATES: This rule is effective from 7:45 p.m. on June 2, 2016 until
10:30 p.m. on July 4, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0354 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Sean Peterson, Chief of Prevention, Sector Upper
Mississippi River, U.S. Coast Guard; telephone 314-269-2332, email
Sean.M.Peterson@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency finds good cause that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to these rules because fireworks displays on or over the
navigable waterway poses safety concerns for waterway users. In this
case, the Coast Guard was not notified of the fireworks displays until
April 26, 2016 and May 16, 2016. After full review of the details for
the planned and locally advertised displays, the Coast Guard determined
action is needed to protect people and property from the safety hazards
associated with the fireworks displays on the UMR near St. Louis, MO
and St. Paul, MN. It is impracticable to publish an NPRM because we
must establish these safety zones by June 2 and 11, and July 3 and 4,
2016.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making the rule effective less
than 30 days after publication in the Federal Register. Delaying the
effective date of the rule is contrary to the public interest as it
would delay the effectiveness of the temporary safety zones needed to
respond to potential related safety hazards until after the planned
fireworks displays. This rule does provide approximately 7 to 30 days
notice for the four safety zones related to the four planned fireworks
displays on the UMR near St. Louis, MO and St. Paul, MN.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with
fireworks displays taking place on or over these sections of navigable
waterway will be a safety concern for anyone within the areas that are
designated as the safety zones. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zones during the fireworks displays.
IV. Discussion of the Rule
This rule establishes four safety zones as follows:
(1) From 7:45 p.m. until 9 p.m. on June 2, 2016, for the Ribbon
Cutting Celebration for the Completion of the Riverfront Component for
the Great Rivers Greenway barge based fireworks display, all waters of
the UMR from mile 179.2 to 180;
(2) from 9 p.m. until 11 p.m. on June 11, 2016, for the St. Louis
Brewers Guild barge based fireworks display, all waters of the UMR from
mile 179.2 to 180.5;
(3) from 8:30 p.m. until 11 p.m. on July 3, 2016, for the Lumiere
Place July 3, 2016 barge based fireworks display, all waters of the UMR
from mile 180 to 180.5; and
(4) from 10 p.m. until 10:30 p.m. on July 4, 2016, for the City of
St. Paul July 4th Celebration, all waters of the UMR from mile 839.5 to
840.
Exact times of the closures and any changes to the planned
scheduled will be communicated to mariners using Broadcast Notices to
Mariners and Local Notices to Mariners. The safety zones are intended
to protect personnel, vessels, and the marine environment in these
navigable waters during the fireworks displays. No vessel or person
will be permitted to enter the safety zones without obtaining
permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the
[[Page 34281]]
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility. These rules have
not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, they have not been reviewed by the
Office of Management and Budget.
This temporary final rule establishes four safety zones, each of
which will be enforced for a limited time period. During the
enforcement periods, vessels are prohibited from entering into or
remaining within the safety zones unless specifically authorized by the
COTP or other designated representative. Based on the locations,
limited safety zone sizes, and short duration of the enforcement
periods, these rules do not pose a significant regulatory impact.
Additionally, notice of the safety zones or any changes in the planned
schedules will be made via Broadcast Notices to Mariners and Local
Notices to Mariners. Deviation from these rules may be requested from
the COTP or other designated representative and 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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zones may be small entities, for the reasons stated in section
V.A. above, these rules will not have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding these rules. If the rules would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that the
actions are one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves safety zones, each lasting less than three hours that
will limit access to specific areas on the UMR. These safety zones are
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 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. Add Sec. 165.T08-0354 to read as follows:
Sec. 165.T08-0354 Safety zones; Upper Mississippi River between mile
179.2 and 180.5; St. Louis, MO and between mile 839.5 and 840, St.
Paul, MN.
(a) Safety zones. The following areas are safety zones:
(1) Great Rivers Greenway fireworks display, St. Louis, MO:
[[Page 34282]]
(i) Location. All waters of the Upper Mississippi River from mile
179.2 to 180.
(ii) Enforcement period. This safety zone will be enforced from
7:45 p.m. until 9 p.m. on June 2, 2016;
(2) St. Louis Brewers Guild fireworks display, St. Louis, MO:
(i) Location. All waters of the Upper Mississippi River from mile
179.2 to 180.5.
(ii) Enforcement period. This safety zone will be enforced from 9
p.m. until 11 p.m. on June 11, 2016;
(3) Lumiere Place fireworks display, St. Louis, MO:
(i) Location. All waters of the Upper Mississippi River from mile
180 to 180.5.
(ii) Enforcement period. This safety zone will be enforced from
8:30 p.m. until 11 p.m. on July 3, 2016; and
(4) City of St. Paul July 4th Celebration, St. Paul MN.
(i) Location. All waters of the Upper Mississippi River from mile
839.5 to 840.
(ii) Enforcement period. This safety zone will be enforced from 10
p.m. until 10:30 p.m. on July 4, 2016.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP) Upper Mississippi River in the enforcement
of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zones described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or designated
representative via VHF-FM Channel 16, or through Coast Guard Sector
Upper Mississippi River at (314) 269-2332.
(3) All persons and vessels shall comply with the instruction of
the COTP and designated on-scene personnel.
(d) Information Broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners, Local
Notices to Mariners, and/or Safety Marine Information Broadcasts as
appropriate of the enforcement period for each safety zone as well as
any changes in the planned and published dates and times of
enforcement.
Dated: May 19, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2016-12712 Filed 5-27-16; 8:45 am]
BILLING CODE 9110-04-P