Safety Zone; Upper Mississippi River, Minneapolis and St. Paul, MN, 25962-25964 [2017-11621]
Download as PDF
<![CDATA[
25962
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations
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 a
Special Local Regulation for a regulated
area lasting less than 3 hours during
each transit period that will prohibit
vessels from entering an area
encompassing Coos Bay from the sea
buoy to the Ferndale Lower Range
unless given permission to do so by the
on-scene patrol commander or his
designated representative. This rule is
categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of Commandant Instruction
M16475.1D. A Record of Environmental
Consideration 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 rule.
sradovich on DSK3GMQ082PROD with RULES
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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
2. Add § 100.T13–0207 to read as
follows:
■
§ 100.T13–0207 Special Local Regulations;
Festival of Sail Coos Bay.
(a) Regulated Area. The following area
is designated as a regulated area: All
navigable waters of Coos Bay, from the
sea buoy to the Ferndale Lower Range.
(b) Special Local Regulations. (1) The
Coast Guard may patrol the regulated
area under the direction of a designated
Coast Guard Patrol Commander
(PATCOM). PATCOM may be contacted
on Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM.’’ Official patrol
vessels may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local
law enforcement vessels assigned or
approved by the Captain of the Port,
Sector Columbia River.
(2) Entrance into the regulated area is
prohibited unless authorized by the
PATCOM. The PATCOM may control
the movement of all vessels in the
regulated area. When hailed or signaled
to stop by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the lawful directions
issued. Failure to comply with a lawful
direction may result in expulsion from
the area, citation for failure to comply,
or both.
(3) All vessels permitted to transit the
regulated area shall maintain a
separation of at least 100 yards away
from the participating tall sailing ships
and a distance of at least 50 yards away
while transiting in the vicinity of the
McCullough Memorial Bridge and the
Coos Bay railroad bridge.
(c) Enforcement Period. This
regulated area is in effect while the tall
sailing ships are transiting Coos Bay,
inbound on June 1, 2017 and outbound
on June 5, 2017.
Dated: May 31, 2017.
B.C. McPherson,
Captain, U.S. Coast Guard, Acting
Commander, Coast Guard Thirteenth District.
[FR Doc. 2017–11634 Filed 6–5–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0300]
RIN 1625–AA00
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
VerDate Sep<11>2014
18:18 Jun 05, 2017
Jkt 241001
Safety Zone; Upper Mississippi River,
Minneapolis and St. Paul, MN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
The Coast Guard is
establishing a temporary safety zone on
the Upper Mississippi River (UMR)
between miles 846 and 847. This action
is necessary to provide for the safety of
life on these navigable waters near
Minneapolis and St. Paul, MN during a
rope pull event on June 10, 2017. This
temporary safety zone is necessary to
protect persons and property from
potential damage and safety hazards
during a rope pull event across the
UMR. During the period of enforcement,
entry into the safety zone is prohibited
unless specifically authorized by the
Captain of the Port Upper Mississippi
River (COTP) or a designated
representative.
DATES: This rule is effective from 10
a.m. to 3 p.m. on June 10, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0300 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 about this
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:
SUMMARY:
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
UMR Upper Mississippi River
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 for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
safety zone by June 10, 2017 and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
E:\FR\FM\06JNR1.SGM
06JNR1
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations
During the hours of 10 a.m. to 3 p.m.
on June 10, 2017, the sponsors of the
‘‘Pulling Together’’ event will be
stretching a rope across the UMR from
Minneapolis, MN to St. Paul, MN at
river mile 846.5 for multiple tug-of-war
competitions. After full review of the
details for event, the Coast Guard
determined action is needed to protect
people and property from the safety
hazards associated with the rope pull
event across the UMR in Minneapolis
and St. Paul, MN.
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.
Delaying the effective date of the rule is
contrary to the public interest as it
would delay the security measures
necessary to respond to potential safety
hazards associated with the planned
rope pull event.
sradovich on DSK3GMQ082PROD with RULES
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 the rope pull
event will be a safety concern before,
during, and after the event. The purpose
of this rule is to ensure safety of vessels,
people and property on the navigable
waters in the safety zone before, during,
and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a safety zone
from 10 a.m. to 3 p.m. on June 10, 2017.
The safety zone will cover all navigable
waters between miles 846 and 847 on
the Upper Mississippi River (UMR) in
Minneapolis and St. Paul, MN. Exact
times of the closures and any changes to
the planned schedule will be
communicated to mariners using
Broadcast and Local Notice to Mariners.
There are at least two planned
intermissions to the event, during which
an event boat will be tending the rope
to allow for vessel traffic to pass through
the area of the closure, thus limiting the
impact to vessel traffic affected by the
closure. The safety zone is intended to
ensure the safety of vessels on these
navigable waters before, during and
after the rope pull event. No vessel or
person will be permitted to enter the
safety zone without obtaining
permission from the Captain of the Port
Upper Mississippi River (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
VerDate Sep<11>2014
18:18 Jun 05, 2017
Jkt 241001
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. 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
a safety zone impacting a one mile area
on the UMR for a limited time period of
five hours. During the enforcement
period, vessels are prohibited from
entering into or remaining within the
safety zone unless specifically
authorized by the COTP or other
designated representative. Based on the
location, limited safety zone area, and
short duration of the enforcement
period, this rule does not pose a
significant regulatory impact.
Additionally, notice of the safety zone
or any changes in the planned schedule
will be made via Broadcast and Local
Notice to Mariners. Entry into this safety
zone 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
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 (Public Law 104–
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
25963
121), we want to assist small entities in
understanding these rules. 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
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
E:\FR\FM\06JNR1.SGM
06JNR1
25964
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules and Regulations
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 a safety
zone lasting five hours that will prohibit
entry from mile 846 to 847 on the UMR
on June 10, 2017. It is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A Record of
Environmental Consideration are
available in the docket where indicated
under ADDRESSES.
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,
Waterways.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
sradovich on DSK3GMQ082PROD with RULES
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.
18:18 Jun 05, 2017
Jkt 241001
33 CFR Part 165
[Docket No. USCG–2017–0390]
1. The authority citation for part 165
continues to read as follows:
■
VerDate Sep<11>2014
Dated: May 31, 2017.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi.
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
2. Add § 165.T08–0300 to read as
follows:
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Mississippi River between miles
846 and 847, Minneapolis and St. Paul,
MN.
(b) Definitions. As used in this
section, a 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 Upper Mississippi River
(COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
safety zone regulations in § 165.23 of
this part, you may not enter the safety
zone 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 the COTP’s
representative via VHF–FM channel 16,
or through Coast Guard Sector Upper
Mississippi River at 314–269–2332.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Effective period. This section will
be effective from 10 a.m. to 3 p.m. on
June 10, 2017.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcast notices to mariners of the
enforcement period for the safety zone
as well as any changes in the dates and
times of enforcement.
[FR Doc. 2017–11621 Filed 6–5–17; 8:45 am]
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
■
§ 165.T08–0300 Safety Zone; Upper
Mississippi River, Minneapolis and St. Paul,
MN.
Safety Zone; PUSH Beaver County/
Beaver County Boom, Ohio River,
Miles 25.2 to 25.6, Beaver, PA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
The Coast Guard will enforce
the subject safety zone for the PUSH
Beaver County/Beaver County Boom
Fireworks on the Ohio River. The zone
is needed to protect vessels transiting
the area and event spectators from the
hazards associated with the PUSH
Beaver County/Beaver County Boom
barge-based firework display. During the
enforcement period, entry into,
transiting, or anchoring in the safety
zone is prohibited to all vessels not
registered with the sponsor as
participants or official patrol vessels,
unless specifically authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) or a designated
representative.
SUMMARY:
The regulations in Table 1 in 33
CFR 165.801, No. 45, will be enforced
from 8:30 p.m. until 10:30 p.m., on June
24, 2017.
DATES:
If
you have questions about this notice of
enforcement, call or email MST1
Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone
412–221–0807, email
Jennifer.L.Haggins@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the safety zone for
the annual PUSH Beaver County/Beaver
County Boom Fireworks listed in the
regulations in Table 1 in 33 CFR
165.801, No. 45, from 8:30 p.m. to 10:30
p.m. on June 24, 2017. The safety zone
extends the entire width of the Ohio
River from mile 25.2 to 25.6. The zone
is needed to protect vessels transiting
the area and event spectators from the
hazards associated with the PUSH
Beaver County/Beaver County Boom
barge-based firework display. Entry into
the safety zone is prohibited unless
authorized by the Captain of the Port
Marine Safety Unit Pittsburgh (COTP) or
a designated representative. Persons or
vessels desiring to enter into or passage
through the safety zone must request
permission from the COTP or a
designated representative. If permission
is granted, all persons and vessels shall
comply with the instructions of the
COTP or designated representative.
This notice of enforcement is issued
under authority of 33 CFR 165.801 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of these enforcement
periods via Local Notice to Mariners
SUPPLEMENTARY INFORMATION:
E:\FR\FM\06JNR1.SGM
06JNR1
]]>Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Rules and Regulations]
[Pages 25962-25964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11621]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0300]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Minneapolis and St. Paul,
MN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Upper Mississippi River (UMR) between miles 846 and 847. This action is
necessary to provide for the safety of life on these navigable waters
near Minneapolis and St. Paul, MN during a rope pull event on June 10,
2017. This temporary safety zone is necessary to protect persons and
property from potential damage and safety hazards during a rope pull
event across the UMR. During the period of enforcement, entry into the
safety zone is prohibited unless specifically authorized by the Captain
of the Port Upper Mississippi River (COTP) or a designated
representative.
DATES: This rule is effective from 10 a.m. to 3 p.m. on June 10, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0300 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 about this
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
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
UMR Upper Mississippi River
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 for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this safety zone by June 10, 2017 and lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule.
[[Page 25963]]
During the hours of 10 a.m. to 3 p.m. on June 10, 2017, the
sponsors of the ``Pulling Together'' event will be stretching a rope
across the UMR from Minneapolis, MN to St. Paul, MN at river mile 846.5
for multiple tug-of-war competitions. After full review of the details
for event, the Coast Guard determined action is needed to protect
people and property from the safety hazards associated with the rope
pull event across the UMR in Minneapolis and St. Paul, MN.
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. Delaying the effective
date of the rule is contrary to the public interest as it would delay
the security measures necessary to respond to potential safety hazards
associated with the planned rope pull event.
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
the rope pull event will be a safety concern before, during, and after
the event. The purpose of this rule is to ensure safety of vessels,
people and property on the navigable waters in the safety zone before,
during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a safety zone from 10 a.m. to 3 p.m. on June
10, 2017. The safety zone will cover all navigable waters between miles
846 and 847 on the Upper Mississippi River (UMR) in Minneapolis and St.
Paul, MN. Exact times of the closures and any changes to the planned
schedule will be communicated to mariners using Broadcast and Local
Notice to Mariners. There are at least two planned intermissions to the
event, during which an event boat will be tending the rope to allow for
vessel traffic to pass through the area of the closure, thus limiting
the impact to vessel traffic affected by the closure. The safety zone
is intended to ensure the safety of vessels on these navigable waters
before, during and after the rope pull event. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the Captain of the Port Upper Mississippi River (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. 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 a safety zone impacting a one
mile area on the UMR for a limited time period of five hours. During
the enforcement period, vessels are prohibited from entering into or
remaining within the safety zone unless specifically authorized by the
COTP or other designated representative. Based on the location, limited
safety zone area, and short duration of the enforcement period, this
rule does not pose a significant regulatory impact. Additionally,
notice of the safety zone or any changes in the planned schedule will
be made via Broadcast and Local Notice to Mariners. Entry into this
safety zone 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 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 (Public Law 104-121), we want to assist small
entities in understanding these rules. 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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires
[[Page 25964]]
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 a safety zone lasting five hours that will prohibit entry
from mile 846 to 847 on the UMR on June 10, 2017. It is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration are
available in the docket where indicated under ADDRESSES.
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, 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.T08-0300 to read as follows:
Sec. 165.T08-0300 Safety Zone; Upper Mississippi River, Minneapolis
and St. Paul, MN.
(a) Location. The following area is a safety zone: All navigable
waters of the Upper Mississippi River between miles 846 and 847,
Minneapolis and St. Paul, MN.
(b) Definitions. As used in this section, a 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 Upper Mississippi River (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
Sec. 165.23 of this part, you may not enter the safety zone 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 the COTP's
representative via VHF-FM channel 16, or through Coast Guard Sector
Upper Mississippi River at 314-269-2332. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Effective period. This section will be effective from 10 a.m.
to 3 p.m. on June 10, 2017.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone as well as any
changes in the dates and times of enforcement.
Dated: May 31, 2017.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper
Mississippi.
[FR Doc. 2017-11621 Filed 6-5-17; 8:45 am]
BILLING CODE 9110-04-P
