Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update, 36171-36174 [2016-13239]

Download as PDF Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations Dated: May 15, 2016. M.H. Day, Captain, U.S. Coast Guard, Captain of the Port, New York. I. Table of Abbreviations AOR Area of Responsibility 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 [FR Doc. 2016–13341 Filed 6–3–16; 8:45 am] BILLING CODE 9110–04–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. Interim rule with requests for comments. AGENCY: ACTION: The Coast Guard is amending and updating its annual and recurring safety zones that take place in the Coast Guard Sector Upper Mississippi River area of responsibility (AOR). This regulation informs the public of regularly scheduled events that require additional safety measures through establishing a safety zone. Through this interim rule the current list of recurring safety zones is updated with revisions, additional events, and removal of events that no longer take place; and we are requesting comments on additional changes necessary to update the permanent list of recurring safety zones in Sector Upper Mississippi River’s AOR. When these safety zones are enforced, vessel traffic is restricted from specified areas. Additionally, this one rulemaking project serves to provide notice of the known recurring safety zones throughout the year. DATES: This rule is effective June 11, 2016. Comments and related material must be received by the Coast Guard on or before June 27, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2015– 1079 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, U.S. Coast Guard; telephone 314–269–2332, email Sean.M.Peterson@ uscg.mil. SUPPLEMENTARY INFORMATION: mstockstill on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 II. Background Information and Regulatory History On April 8, 2016, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update (81 FR 20592). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended May 9, 2016, we received information from event sponsors providing updated locations for 2 of the events listed in the NPRM. Therefore, we are requesting comments through this interim rule related to these two location changes before issuing a final rule. These changes are discussed further below. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Though we are not providing a full 30 day notice period, the Coast Guard did provide notice and opportunity to comment through the NPRM process and is now providing five days notice before the first updated recurring safety zone enforcement is required the weekend of June 11–12. It is impracticable to provide a full 30-days notice because this rule must be effective June 11, 2016. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port (COTP) Upper Mississippi River has determined that potential hazards associated with the recurring events will cause safety concerns. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zones, before, during, and after the scheduled events. IV. Discussion of Comments, Changes, and the Interim Rule As noted above, during the comment period for our NPRM that published April 8, 2016, we received information from event sponsors updating the location for two events. This information lead to the need to propose changes to the location details for two PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 36171 of the recurring safety zones listed in the NPRM. Therefore, there are two new proposed changes to the regulatory text of this rule that are different from the proposed rule in the NPRM. The first corrects the location of event number 14; Prairie du Chien Area Chamber Fireworks, taking place annually on one day during the second weekend of July. The location listed in the proposed rule was Upper Mississippi River mile marker 633.8 to 634.2; the correct location for this event is Upper Mississippi River mile marker 635.2 to 635.7. The second corrects the location of event number 31; Hermann 4th of July event taking place one day over the 4th of July weekend. The location listed in the proposed rule was Missouri River mile marker 99.0 to 98.0; the correct location for this event is Missouri River mile marker 97.0 to 98.0. All other changes, removals, and additions proposed under the NPRM remain the same as listed in the proposed rule. This interim rule establishes recurring safety zones to restrict vessel transit into and through specified areas to protect spectators, mariners, and other persons and property from potential hazards presented during certain events taking place in Sector Upper Mississippi River’s AOR. This interim rule amends, updates, and replaces Table 2 in 33 CFR 165.801, and requests comments on two additional changes as discussed above before issuing a final rule. No vessel or person will be permitted to enter the safety zones without first 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 importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. E:\FR\FM\06JNR1.SGM 06JNR1 36172 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES This rule establishes safety zones limiting access to certain areas under 33 CFR 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 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 received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A. above, this rule 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 this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT 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 VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 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. 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves establishing safety zones limiting access to certain area under 33 CFR part 165 within Sector Upper Mississippi River’s AOR. It is categorically excluded from further review under paragraph 34(h) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. 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. 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:// 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 interim rule or the preceding NPRM as being available in the docket, and all public E:\FR\FM\06JNR1.SGM 06JNR1 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 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 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: ■ 36173 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 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 Sector Upper Mississippi River location 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/Tan-Tar-A 4th of July Fireworks. Tan-Tar-A Resort/Tan-Tar-A Labor Day Fireworks. Tan-Tar-A Resort/Tan-Tar-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 ...... 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. 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 ............ 15. 1 day—4th of July weekend ............ 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 ............. mstockstill on DSK3G9T082PROD with RULES 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 ........... VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 Prairie du Chien Area Chamber of Commerce/Prairie du Chien Area Chamber Fireworks. 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. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 Minneapolis, MN ... Dubuque, IA .......... Champlin, MN ....... Red Wing, MN ...... Lake of the Ozarks, MO. Lake of the Ozarks, MO. Lake of the Ozarks, MO. Lake City, MN ....... Muscatine, IA ........ Kansas City, KS .... Louisiana, MO ....... Guttenberg, IA ...... La Crosse, WI ....... Prairie du Chien, WI. Peoria, IL .............. Hudson, WI ........... St. Charles, MO .... Minneapolis, MN ... Davenport, IA ........ Kansas City, KS .... Alton, IL ................. Burlington, IA ........ Lake of the Ozarks, MO. Lake of the Ozarks, MO. Lake of the Ozarks, MO. Hasting, MN .......... E:\FR\FM\06JNR1.SGM Safety zone Upper Mississippi River mile marker 853.2 to 854.2. Upper Mississippi River mile marker 581.0 to 583.0. Upper Mississippi River mile marker 870.5 to 872.0. Upper Mississippi River mile marker 790.8 to 791.2. Lake of the Ozarks mile marker 025.8 to 026.2. Lake of the Ozarks mile marker 025.8 to 026.2. Lake of the Ozarks mile marker 025.8 to 026.2. Upper Mississippi River mile marker 772.4 to 772.8. Upper Mississippi River mile marker 455.0 to 456.0. Missouri River mile marker 364.8 to 365.2. Upper Mississippi River mile marker 282.0 to 283.0. Upper Mississippi River mile marker 615.0 to 615.5. Upper Mississippi River mile marker 697.5 to 698.5 (Wisconsin). Upper Mississippi River mile marker 635.2 to 635.7. Illinois River mile marker 162.5 to 162.1. St. Croix River mile marker 016.8 to 017.2. Missouri River mile marker 028.2 to 028.8. Upper Mississippi River mile marker 853.5 to 854.5. Upper Mississippi River mile marker 482.0 to 482.7. Missouri River mile marker 422.0 to 424.5. Upper Mississippi River mile marker 202.5 to 203.0. Upper Mississippi River mile marker 403.5 to 404.5. Lake of the Ozarks mile marker 013.8 to 014.2. Lake of the Ozarks mile marker 013.8 to 014.2. Lake of the Ozarks mile marker 013.8 to 014.2. Upper Mississippi River mile marker 813.7 to 815.2. 06JNR1 36174 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued Sector Upper Mississippi River location Date Sponsor/name 27. 1 day—Sunday of Father’s Day weekend. 28. 3 days—4th of July weekend ........... Winona Steamboat Days/Winona Steamboat Days Fireworks. Fair of St. Louis/Fair St. Louis ............. 29. 1 day—Last weekend in June/First weekend in July. 30. 1 day—4th of July weekend ............ 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 .......... 31. 1 day—4th of July weekend ............ 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 ..... 36. 1 day—4th of July weekend ............ 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 ............ * * * * * 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 ........................... 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. ACTION: Dated: May 26, 2016. M.L. Malloy, Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River. [FR Doc. 2016–13239 Filed 6–3–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 mstockstill on DSK3G9T082PROD with RULES RIN 1625–AA00 Safety Zone; Raritan Bay, Perth Amboy, NJ AGENCY: Coast Guard, DHS. VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 St. Louis, MO ........ Bellevue, IA ........... Parkville, MO ........ Hermann, MO ....... Grafton, IL ............. Jefferson City, MO McGregor, IA ........ Port Byron, IL ........ Stillwater, MN ........ Riverside, MO ....... Stillwater, MN ........ Lake of the Ozarks, MO. Keithsburg, IL ........ East Moline, IA ..... Lansing, IA ............ Rock Island, Illinois Parkville, MO ........ New Athens, IL ..... Marquette, IA ........ Temporary final rule. The Coast Guard is establishing a temporary safety zone on the navigable waters of Raritan Bay near Perth Amboy, NJ for a fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. This rule is intended to restrict all vessels from a portion of Raritan Bay during the fireworks event unless authorized by the Captain of the Port (COTP) New York or a designated representative. SUMMARY: This rule is effective from 8:45 p.m. until 10:30 p.m. on July 1, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2016– 0297 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket DATES: [Docket Number USCG–2016–0297] Winona, MN .......... PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 Safety zone Upper Mississippi River mile marker 725.4 to 725.7. Upper Mississippi River mile marker 179.2 to 180.0. Upper Mississippi River mile marker 556.0 to 556.5. Missouri River mile marker 378.0 to 377.5. Missouri River mile marker 097.0 to 098.0 (Missouri). Illinois River mile marker 001.5 to 000.5 (Illinois). Missouri River mile marker 143.5 to 143.0 (Missouri). Upper Mississippi River mile marker 635.7 to 634.2. Upper Mississippi River mile marker 497.2 to 497.6 (Illinois). St. Croix River mile marker 022.9 to 023.5 (Minnesota). Missouri River mile marker 371.8 to 372.2. St. Croix River mile marker 022.9 to 023.5 (Minnesota). Lake of the Ozarks mile marker 032.5 to 034.5. Upper Mississippi River mile marker 427.5 to 427.3. Upper Mississippi River mile marker 490.2 to 489.8. Upper Mississippi River mile marker 662.8–663.9. Upper Mississippi River mile marker 479.0–486.0. 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. Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email, Marine Science Technician Daniel Vazquez, U.S. Coast Guard; Telephone (718) 354–4154, email daniel.vazquez@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations 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 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 E:\FR\FM\06JNR1.SGM 06JNR1

Agencies

[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36171-36174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13239]

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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: Interim rule with requests for comments.

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

SUMMARY: The Coast Guard is amending and updating its annual and
recurring safety zones that take place in the Coast Guard Sector Upper
Mississippi River area of responsibility (AOR). This regulation informs
the public of regularly scheduled events that require additional safety
measures through establishing a safety zone. Through this interim rule
the current list of recurring safety zones is updated with revisions,
additional events, and removal of events that no longer take place; and
we are requesting comments on additional changes necessary to update
the permanent list of recurring safety zones in Sector Upper
Mississippi River's AOR. When these safety zones are enforced, vessel
traffic is restricted from specified areas. Additionally, this one
rulemaking project serves to provide notice of the known recurring
safety zones throughout the year.

DATES: This rule is effective June 11, 2016. Comments and related
material must be received by the Coast Guard on or before June 27,
2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2015-1079 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, 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
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

On April 8, 2016, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zones; Sector Upper Mississippi River
Annual and Recurring Safety Zones Update (81 FR 20592). There we stated
why we issued the NPRM, and invited comments on our proposed regulatory
action related to this fireworks display. During the comment period
that ended May 9, 2016, we received information from event sponsors
providing updated locations for 2 of the events listed in the NPRM.
Therefore, we are requesting comments through this interim rule related
to these two location changes before issuing a final rule. These
changes are discussed further below.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Though we are not
providing a full 30 day notice period, the Coast Guard did provide
notice and opportunity to comment through the NPRM process and is now
providing five days notice before the first updated recurring safety
zone enforcement is required the weekend of June 11-12. It is
impracticable to provide a full 30-days notice because this rule must
be effective June 11, 2016.

III. Legal Authority and Need for Rule

The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP) Upper Mississippi River has
determined that potential hazards associated with the recurring events
will cause safety concerns. The purpose of this rule is to ensure
safety of vessels and the navigable waters in the safety zones, before,
during, and after the scheduled events.

IV. Discussion of Comments, Changes, and the Interim Rule

As noted above, during the comment period for our NPRM that
published April 8, 2016, we received information from event sponsors
updating the location for two events. This information lead to the need
to propose changes to the location details for two of the recurring
safety zones listed in the NPRM. Therefore, there are two new proposed
changes to the regulatory text of this rule that are different from the
proposed rule in the NPRM. The first corrects the location of event
number 14; Prairie du Chien Area Chamber Fireworks, taking place
annually on one day during the second weekend of July. The location
listed in the proposed rule was Upper Mississippi River mile marker
633.8 to 634.2; the correct location for this event is Upper
Mississippi River mile marker 635.2 to 635.7. The second corrects the
location of event number 31; Hermann 4th of July event taking place one
day over the 4th of July weekend. The location listed in the proposed
rule was Missouri River mile marker 99.0 to 98.0; the correct location
for this event is Missouri River mile marker 97.0 to 98.0.
All other changes, removals, and additions proposed under the NPRM
remain the same as listed in the proposed rule. This interim rule
establishes recurring safety zones to restrict vessel transit into and
through specified areas to protect spectators, mariners, and other
persons and property from potential hazards presented during certain
events taking place in Sector Upper Mississippi River's AOR. This
interim rule amends, updates, and replaces Table 2 in 33 CFR 165.801,
and requests comments on two additional changes as discussed above
before issuing a final rule. No vessel or person will be permitted to
enter the safety zones without first 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 importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.

[[Page 36172]]

This rule establishes safety zones limiting access to certain areas
under 33 CFR 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 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule 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 this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
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.

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
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves establishing safety zones limiting access to certain area
under 33 CFR part 165 within Sector Upper Mississippi River's AOR. It
is categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. 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.

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://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 interim rule or the preceding NPRM as
being available in the docket, and all public

[[Page 36173]]

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 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. Amend Sec. 165.801 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 LLC/ Minneapolis, MN...... Upper Mississippi River
Target Aquatennial mile marker 853.2 to
Fireworks. 854.2.
2. 1 day--4th of July weekend..... Radio Dubuque/Radio Dubuque, IA.......... Upper Mississippi River
Dubuque Fireworks and Air mile marker 581.0 to
show. 583.0.
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.
4. 1 day--4th of July weekend..... Downtown Main Street/ Red Wing, MN......... Upper Mississippi River
Mississippi Alumination. mile marker 790.8 to
791.2.
5. 1 day--4th of July weekend..... Tan-Tar-A Resort/Tan-Tar-A Lake of the Ozarks, Lake of the Ozarks mile
4th of July Fireworks. MO. marker 025.8 to 026.2.
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.
7. 1 day--Last Sunday in May...... Tan-Tar-A Resort/Tan-Tar-A Lake of the Ozarks, Lake of the Ozarks mile
Memorial Day fireworks. MO. marker 025.8 to 026.2.
8. 1 day--4th of July weekend..... Lake City Chamber of Lake City, MN........ Upper Mississippi River
Commerce/Lake City 4th of mile marker 772.4 to
July Fireworks. 772.8.
9. 1 day--4th of July weekend..... Greater Muscatine Chamber Muscatine, IA........ Upper Mississippi River
of Commerce/Muscatine 4th mile marker 455.0 to
of July. 456.0.
10. 1 day--Last weekend in June/ Friends of the River Kansas City, KS...... Missouri River mile
First weekend in July. Kansas City/KC Riverfest. marker 364.8 to 365.2.
11. 1 day--4th of July weekend.... Louisiana Chamber of Louisiana, MO........ Upper Mississippi River
Commerce/Louisiana July mile marker 282.0 to
4th Fireworks. 283.0.
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.
13. 4 days--1st or 2nd week of Riverfest, Inc./La Crosse La Crosse, WI........ Upper Mississippi River
July. 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 635.2 to
Prairie du Chien Area 635.7.
Chamber Fireworks.
15. 1 day--4th of July weekend.... JMP Radio/Red White and Peoria, IL........... Illinois River mile
Boom Peoria. marker 162.5 to 162.1.
16. 1 day--Last weekend in June/ Hudson Boosters/Hudson Hudson, WI........... St. Croix River mile
First weekend in July. Booster Days. marker 016.8 to 017.2.
17. 2 days--4th of July weekend... City of St. Charles/St. St. Charles, MO...... Missouri River mile
Charles Riverfest. marker 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/Red Davenport, IA........ Upper Mississippi River
White and Boom. mile marker 482.0 to
482.7.
20. 2 days--3rd weekend of July... Amelia Earhart Festival Kansas City, KS...... Missouri River mile
Committee/Amelia Earhart marker 422.0 to 424.5.
Festival.
21. 1 day--4th of July weekend.... Alton Exposition Alton, IL............ Upper Mississippi River
Commission/Mississippi mile marker 202.5 to
Fireworks Festival. 203.0.
22. 1 day--3rd Sunday in June..... Burlington Steamboat Days/ Burlington, IA....... Upper Mississippi River
Burlington Steamboat Days. mile marker 403.5 to
404.5.
23. 1 day--Last Sunday in May..... Lodge of the Four Seasons/ Lake of the Ozarks, Lake of the Ozarks mile
Lodge of the Four Seasons MO. marker 013.8 to 014.2.
Memorial Day Fireworks.
24. 1 day--First weekend of Lodge of the Four Seasons/ Lake of the Ozarks, Lake of the Ozarks mile
September. Labor Day Fireworks. MO. marker 013.8 to 014.2.
25. 1 day--4th of July weekend.... Lodge of the Four Seasons/ Lake of the Ozarks, Lake of the Ozarks mile
Lodge of the Four Seasons MO. marker 013.8 to 014.2.
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.

[[Page 36174]]

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. St. Louis, MO........ Upper Mississippi River
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 Days. mile marker 556.0 to
556.5.
30. 1 day--4th of July weekend.... Main Street Parkway Parkville, MO........ Missouri River mile
Association/Parkville 4th marker 378.0 to 377.5.
of July Fireworks.
31. 1 day--4th of July weekend.... Hermann Chamber of Hermann, MO.......... Missouri River mile
Commerce/Hermann 4th of marker 097.0 to 098.0
July. (Missouri).
32. 1 day--4th of July weekend.... Grafton Chamber of Grafton, IL.......... Illinois River mile
Commerce/Grafton Chamber marker 001.5 to 000.5
4th of July Fireworks. (Illinois).
33. 1 day--4th of July weekend.... Salute to America Jefferson City, MO... Missouri River mile
Foundation, Inc./Salute marker 143.5 to 143.0
to America. (Missouri).
34. 1 day--4th of July weekend.... McGregor/Marquette Chamber McGregor, IA......... Upper Mississippi River
Commerce/Independence Day mile marker 635.7 to
Celebration. 634.2.
35. 2 days--2nd weekend in August. Tug Committee/Great River Port Byron, IL....... Upper Mississippi River
Tug. mile marker 497.2 to
497.6 (Illinois).
36. 1 day--4th of July weekend.... City of Stillwater/St. Stillwater, MN....... St. Croix River mile
Croix Events/Stillwater marker 022.9 to 023.5
4th of July. (Minnesota).
37. 2 days--3rd weekend of Riverside Chamber of Riverside, MO........ Missouri River mile
September. Commerce/Riverfest. marker 371.8 to 372.2.
38. 4 days--3rd week of July...... St. Croix Events/ Stillwater, MN....... St. Croix River mile
Lumberjack Days. marker 022.9 to 023.5
(Minnesota).
39. 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.
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/City East Moline, IA...... Upper Mississippi River
of East Moline Fireworks. mile marker 490.2 to
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/Floatzilla... Rock Island, Illinois Upper Mississippi River
mile marker 479.0-486.0.
44. 1 day--Weekend before Main Street Parkway Parkville, MO........ Missouri River mile
Thanksgiving. Association/Parkville marker 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
Association/New Athens marker 119.7 to 120.3.
Drag Boat Race.
46. 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.
----------------------------------------------------------------------------------------------------------------

* * * * *

Dated: May 26, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2016-13239 Filed 6-3-16; 8:45 am]
BILLING CODE 9110-04-P

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