Safety Zone; Upper Mississippi River, St. Louis, MO, 22201-22203 [2018-10191]
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Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations
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
Government
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.
nshattuck on DSK9F9SC42PROD with RULES
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 guides 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
VerDate Sep<11>2014
14:43 May 11, 2018
Jkt 244001
individually or cumulatively have a
significant effect on the human
environment. This rule simply
promulgates the operating regulations or
procedures for a drawbridge. It is
categorically excluded from further
review under paragraph L49 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise 117.667(b) to read as
follows:
■
St. Croix River.
*
*
*
*
*
(b) The draw of the Stillwater Lift
Bridge, Mile 23.4, shall open on signal
as follows:
(1) From May 15 through October 15,
daily:
(i) 8 a.m. to midnight, every half hour;
(ii) Midnight to 8 a.m., upon two
hours notice.
(2) From October 16 through May 14,
if at least 24 hours notice is given.
*
*
*
*
*
Dated: May 8, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2018–10186 Filed 5–11–18; 8:45 am]
BILLING CODE 9110–04–P
Frm 00025
Fmt 4700
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0430]
RIN 1625–AA00
Safety Zone; Upper Mississippi River,
St. Louis, MO
ACTION:
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.
PO 00000
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
G. Protest Activities
§ 117.667
22201
Sfmt 4700
The Coast Guard is
establishing a temporary safety zone for
all navigable waters on the Upper
Mississippi River from mile marker
(MM) 179 to MM 179.5, extending the
entire width of the river, near St. Louis,
MO. This safety zone is necessary to
protect persons, vessels, and the marine
environment from potential hazards that
could occur while emergency work is
completed on new power lines
extending across the river. Entry of
vessels or persons into this safety zone
is prohibited unless authorized by the
Captain of the Port Sector Upper
Mississippi River (COTP) or a
designated representative.
DATES: This rule is effective from 7 a.m.
on May 14, 2018 through 7 p.m. on May
15, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0430 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:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
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\14MYR1.SGM
14MYR1
22202
Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations
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)(3)(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. A barge-based crane has
contacted an overhead power line,
necessitating emergency repairs. This
safety zone must be established by May
14, 2018, and we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing this rule. The NPRM
process would delay the establishment
of the safety zone until after the
emergency power line repairs are
completed and compromise public
safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with the emergency power
line repairs.
nshattuck on DSK9F9SC42PROD 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
Captain of the Port Sector Upper
Mississippi River (COTP) has
determined that potential hazards
associated with emergency power line
repairs over the Upper Mississippi River
will be a safety concern for anyone
within a one-half mile stretch of the
Upper Mississippi River. This rule is
necessary to protect persons, vessels,
and the marine environment before,
during, and after the repair work.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7 a.m. on May 14, 2018 through 7
p.m. on May 15, 2018. The safety zone
will be enforced from 7 a.m. through 7
p.m. each day and will cover all
navigable waters between mile markers
(MMs) 179 and 179.5, extending the
entire width of the river, on the Upper
Mississippi River in St. Louis, MO. The
duration of the zone is intended to
protect personnel, vessels, and the
marine environment while the power
lines are repaired. Entry of vessels or
persons into this safety zone is
prohibited unless authorized by the
COTP or a designated representative. A
designated representative is a
VerDate Sep<11>2014
14:43 May 11, 2018
Jkt 244001
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Sector Upper Mississippi River.
Vessels requiring entry into this safety
zone must request permission from the
COTP or a designated representative.
They may be contacted on VHF–FM
Channel 16 or by telephone at 314–269–
2332. All persons and vessels permitted
to enter this safety zone must transit at
the slowest safe speed and comply with
all lawful directions issued by the COTP
or the designated representative. The
COTP or a designated representative
will inform the public of the
enforcement times and date for this
safety zone through Broadcast Notices to
Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
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 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-year of the safety zone. This
safety zone covers a one-half mile
stretch of the Upper Mississippi River
for twelve hours on each of two days to
necessitate emergency power line
repairs. The effects of the zone are
expected to be insignificant taking into
account the emergency nature of the
required repairs.
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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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.
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,
E:\FR\FM\14MYR1.SGM
14MYR1
Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Rules and Regulations
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 only twelve hours on each
of two days that restricts entry on a onehalf mile stretch of the Upper
Mississippi River. It is categorically
excluded from further review under
paragraph L60(d) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination will be
made 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.
Dated: May 9, 2018.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
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:
[FR Doc. 2018–10191 Filed 5–11–18; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
2. Add § 165.T08–0430 to read as
follows:
nshattuck on DSK9F9SC42PROD with RULES
■
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Mississippi River between mile
marker (MM) 179 and MM 179.5,
extending the entire width of the river,
in St. Louis, MO.
Jkt 244001
40 CFR Part 52
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Approval of an Alternative
Volatile Organic Compound Emission
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
§ 165.T08–0430 Safety Zone; Upper
Mississippi River, St. Louis, MO.
14:43 May 11, 2018
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R03–OAR–2017–0394; FRL–9977–
84—Region 3]
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.
VerDate Sep<11>2014
(b) Effective period. This section is
effective from 7 a.m. on May 14, 2018
through 7:00 p.m. on May 15, 2018.
(c) Enforcement period. This section
will be enforced from 7 a.m. through 7
p.m. each day on May 14, 2018 and May
15, 2018.
(d) Regulations. (1) Under the general
safety zone regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Sector Upper
Mississippi River (COTP) or a
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Upper Mississippi River.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 16 or by telephone
at 314–269–2332.
(3) All persons and vessels permitted
to enter this safety zone must transit at
the slowest safe speed and comply with
all lawful directions issued by the COTP
or the designated representative.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement times and date for this
safety zone through Broadcast Notices to
Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs), as
appropriate.
The Environmental Protection
Agency (EPA) is approving a revision to
the State of Maryland’s state
implementation plan (SIP). Maryland
SUMMARY:
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
22203
requested that EPA incorporate by
reference into the Maryland SIP a
Maryland Department of the
Environment (MDE) order establishing
an alternative volatile organic
compound (VOC) emission standard for
National Gypsum Company (NGC) that
will ensure that this source remains a
minor stationary source of VOCs. EPA is
approving the SIP submittal
incorporating by reference MDE’s order
for NGC in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on
June 13, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2017–0394. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Gregory A. Becoat, (215) 814–2036, or
by email at becoat.gregory@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 24, 2016, MDE submitted a
formal revision to the Maryland SIP.
The SIP revision consisted of a request
to incorporate by reference a MDE
departmental order establishing an
alternative VOC emission standard for
NGC in connection with the permit-toconstruct conditions issued by MDE to
ensure that it remains a minor stationary
source of VOCs. The alternative VOC
emissions limit is 195 pounds per
operating day (lbs/day) with at least a
99% overall VOC control efficiency at
Board Kiln No. 1.
NGC is a major stationary source of
nitrogen oxides (NOX), but is not a
major stationary source for VOCs. NGC
has two major manufacturing lines:
Board Kiln No. 1 and Board Kiln No. 2.
NGC was subject to VOC emission limits
on its kilns in COMAR 26.11.06.06,
which is included in the Maryland SIP.
Since Board Kiln No. 1 was installed
before May 12, 1972, COMAR
26.11.06.06B(1)(a) required its VOC
emissions to be less than 200 lbs/day
E:\FR\FM\14MYR1.SGM
14MYR1
]]>Agencies
[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Rules and Regulations]
[Pages 22201-22203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10191]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0430]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, St. Louis, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters on the Upper Mississippi River from mile marker
(MM) 179 to MM 179.5, extending the entire width of the river, near St.
Louis, MO. This safety zone is necessary to protect persons, vessels,
and the marine environment from potential hazards that could occur
while emergency work is completed on new power lines extending across
the river. Entry of vessels or persons into this safety zone is
prohibited unless authorized by the Captain of the Port Sector Upper
Mississippi River (COTP) or a designated representative.
DATES: This rule is effective from 7 a.m. on May 14, 2018 through 7
p.m. on May 15, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0430 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 [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
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
[[Page 22202]]
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)(3)(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. A barge-
based crane has contacted an overhead power line, necessitating
emergency repairs. This safety zone must be established by May 14,
2018, and we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing this rule. The
NPRM process would delay the establishment of the safety zone until
after the emergency power line repairs are completed and compromise
public safety.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest because immediate action is necessary
to respond to the potential safety hazards associated with the
emergency power line repairs.
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 Sector Upper Mississippi River (COTP) has
determined that potential hazards associated with emergency power line
repairs over the Upper Mississippi River will be a safety concern for
anyone within a one-half mile stretch of the Upper Mississippi River.
This rule is necessary to protect persons, vessels, and the marine
environment before, during, and after the repair work.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. on May 14, 2018
through 7 p.m. on May 15, 2018. The safety zone will be enforced from 7
a.m. through 7 p.m. each day and will cover all navigable waters
between mile markers (MMs) 179 and 179.5, extending the entire width of
the river, on the Upper Mississippi River in St. Louis, MO. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment while the power lines are repaired. Entry of vessels
or persons into this safety zone is prohibited unless authorized by the
COTP or a designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Upper
Mississippi River.
Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or by telephone at 314-269-2332. All
persons and vessels permitted to enter this safety zone must transit at
the slowest safe speed and comply with all lawful directions issued by
the COTP or the designated representative. The COTP or a designated
representative will inform the public of the enforcement times and date
for this safety zone through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This safety
zone covers a one-half mile stretch of the Upper Mississippi River for
twelve hours on each of two days to necessitate emergency power line
repairs. The effects of the zone are expected to be insignificant
taking into account the emergency nature of the required repairs.
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.
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,
[[Page 22203]]
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 only twelve hours on each of two
days that restricts entry on a one-half mile stretch of the Upper
Mississippi River. It is categorically excluded from further review
under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination will be made 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.T08-0430 to read as follows:
Sec. 165.T08-0430 Safety Zone; Upper Mississippi River, St. Louis,
MO.
(a) Location. The following area is a safety zone: All navigable
waters of the Upper Mississippi River between mile marker (MM) 179 and
MM 179.5, extending the entire width of the river, in St. Louis, MO.
(b) Effective period. This section is effective from 7 a.m. on May
14, 2018 through 7:00 p.m. on May 15, 2018.
(c) Enforcement period. This section will be enforced from 7 a.m.
through 7 p.m. each day on May 14, 2018 and May 15, 2018.
(d) Regulations. (1) Under the general safety zone regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Sector Upper Mississippi River
(COTP) or a designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Upper
Mississippi River.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or by telephone at 314-269-2332.
(3) All persons and vessels permitted to enter this safety zone
must transit at the slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement times and date
for this safety zone through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
Dated: May 9, 2018.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2018-10191 Filed 5-11-18; 8:45 am]
BILLING CODE 9110-04-P
