Safety Zone; Upper Mississippi River, Mile Markers 751.2 to 751.8, Alma, WI, 43525-43527 [2018-18453]
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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations
DEPARTMENT OF DEFENSE
DEPARTMENT OF HOMELAND
SECURITY
Department of the Army
Coast Guard
32 CFR Part 508
33 CFR Part 165
[Docket ID: USA–2017–HQ–0010]
[Docket Number USCG–2018–0742]
RIN 1625–AA00
RIN 0702–AA83
Safety Zone; Upper Mississippi River,
Mile Markers 751.2 to 751.8, Alma, WI
Competition With Civilian Bands
AGENCY:
ACTION:
Department of the Army, DoD.
ACTION:
Final rule.
This rule is effective on August
27, 2018.
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of the Upper
Mississippi River. The safety zone is
necessary to protect persons, vessels,
and the marine environment from
potential hazards created by a
demolition project taking place on the
bank of the Upper Mississippi River
near Alma, WI. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Upper
Mississippi River or a designated
representative.
FOR FURTHER INFORMATION CONTACT:
DATES:
This final rule removes the
Department of the Army’s regulation
concerning participation of Army bands
on and off post. This part has been
superseded by requirements which
direct appropriate participation of U.S.
military bands on and off post. This part
conveys internal Army policy and
procedures and is unnecessary.
Therefore, this part should be removed
from the CFR.
SUMMARY:
DATES:
Jennifer Williams at 757–462–1060.
Public
comment on the removal of 32 CFR part
508 is not required because the
regulation involves a matter relating to
agency management and personnel, and
because the regulation is a general
statement of policy.
DoD internal guidance will continue
to be published in Army Regulation
220–90, ‘‘Army Music,’’ available at
https://armypubs.army.mil/
ProductMaps/PubForm/AR.aspx.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 508
This rule is effective from
September 28, 2018, through October
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–
0742 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 Lieutenant Commander Christian
Barger, Waterways Management
Division, Sector Upper Mississippi
River, U.S. Coast Guard; telephone 314–
269–2560, email Christian.J.Barger@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 508 is removed.
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Brenda S. Bowen,
Army Federal Register Liaison Officer.
II. Background Information and
Regulatory History
[FR Doc. 2018–18480 Filed 8–24–18; 8:45 am]
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
Music, Utilization of Army bands.
PART 508—[REMOVED]
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Coast Guard, DHS.
Temporary final rule.
AGENCY:
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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. It is impracticable
because we must establish this safety
zone by September 28, 2018, and we
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule. The NPRM process would
delay the establishment of the safety
zone and compromise public safety.
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 the equipment to be
used in the demolition of a 700 foot tall
chimney at the Dairyland Power
Cooperative Station will be a safety
concern for anyone on a six-tenths of a
mile stretch of the Upper Mississippi
River at the time the chimney is
toppled. This rule is needed to protect
persons, vessels, and the marine
environment in the navigable waters
within the safety zone before, during,
and after the demolition.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from September 28, 2018
through October 15, 2018. The safety
zone will cover all navigable waters of
the Upper Mississippi River between
mile markers 751.2 and 751.8, adjacent
to the eastern river bank, where the
demolition of a 700-foot chimney will
take place. The Coast Guard was
informed that the demolition itself
would take approximately 30 minutes
on one day and that all debris should be
contained and is not expected to enter
the waterway. The period of
enforcement of this safety zone will be
two hours before, thirty minutes during,
and thirty minutes after the demolition.
The COTP or a designated
representative will inform the public
through Broadcast Notice to Mariners
(BNM), Local Notices to Mariners
(LNM), and/or Marine Safety
Information Bulletins (MSIBs), or
through other means of public notice, as
appropriate, at least 3 hours in advance
of the enforcement period. The duration
of the zone is intended to protect
persons, vessels, and the marine
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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations
environment on these navigable waters
during the chimney demolition.
No vessel or person will be permitted
to enter the temporary safety zone
without obtaining permission from the
COTP or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
Sector Upper Mississippi River, U.S.
Coast Guard. A designated
representative may be a Patrol
Commander (PATCOM). The PATCOM
may be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The Patrol
Commander may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’. 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 their
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 dates for this
safety zone through Broadcast Notices to
Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Safety
Information Marine Broadcasts (SIMBs),
as appropriate.
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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 13563 (‘‘Improving
Regulation and Regulatory Review’’)
and 12866 (‘‘Regulatory Planning and
Review’’) 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
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’) directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
VerDate Sep<11>2014
16:25 Aug 24, 2018
Jkt 244001
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
‘‘Guidance Implementing Executive
Order 13771, Titled ‘Reducing
Regulation and Controlling Regulatory
Costs’’’ (April 5, 2017).
This regulatory action determination
is based on the size, location, and
duration of the safety zone. This safety
zone impacts less than a one-mile
stretch of the Upper Mississippi River
for approximately three hours on one
day. Moreover, the Coast Guard will
issue a Safety Marine Information
Broadcast (SMIB) via VHF–FM marine
channel 16 about the zone and the rule
would allow vessels to seek permission
to enter the zone.
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
temporary 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
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the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Rules and Regulations
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, 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 safety
zone that impacts a less than a one-mile
stretch of the Upper Mississippi River
for approximately three hours on one
day. It is categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is 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
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;
and Department of Homeland Security
Delegation No. 0170.1.
2. Add § 165.T08–0724 to read as
follows:
■
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§ 165. T08–0742 Safety Zone; Mile Markers
751.2 to 751.8, Upper Mississippi River,
Alma, WI.
(a) Location. The following area is a
safety zone: All navigable waters of the
Mississippi River between mile marker
(MM) 751.2 and MM 751.8, Alma, WI.
(b) Effective period. This section will
be enforced from September 28, 2018
through October 15, 2018.
(c) Enforcement period. This section
will be enforced for three hours on one
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day, two hours prior to, thirty minutes
during, and thirty minutes after the
completion of demolition at the
Dairyland Power Cooperative Station in
Alma, WI. The Captain of the Port
Sector Upper Mississippi River (COTP)
or a designated representative will
inform the public of the enforcement
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs) and/or Safety Marine
Information Broadcasts (SMIBs) or other
means of public notice at least three
hours in advance of the enforcement of
this safety zone.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, persons and vessels are
prohibited from entering the safety zone
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. A designated
representative may be a Patrol
Commander (PATCOM). The PATCOM
may be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The Patrol
Commander may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’.
(2) Persons or vessels desiring to enter
into or pass through the 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) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs) and/
or Safety Marine Information Broadcasts
(SMIBs) or other means of public notice
of the enforcement period for the
temporary safety zone as well as any
changes in the dates and times of
enforcement.
Dated: August 21, 2018.
Stormer, Scott A.,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2018–18453 Filed 8–24–18; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2017–0560; FRL–9982–77]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is promulgating
significant new use rules (SNURs) under
the Toxic Substances Control Act
(TSCA) for 10 chemical substances
which were the subject of
premanufacture notices (PMNs). The
chemical substances are subject to
Orders issued by EPA pursuant to
section 5(e) of TSCA. This action
requires persons who intend to
manufacture (defined by statute to
include import) or process any of these
10 chemical substances for an activity
that is designated as a significant new
use by this rule to notify EPA at least
90 days before commencing that
activity. The required notification
initiates EPA’s evaluation of the
intended use within the applicable
review period. Persons may not
commence manufacture or processing
for the significant new use until EPA
has conducted a review of the notice,
made an appropriate determination on
the notice, and has taken such actions
as are required with that determination.
DATES: This rule is effective on October
26, 2018. For purposes of judicial
review, this rule shall be promulgated at
1 p.m. (e.s.t.) on September 10, 2018.
Written adverse comments on one or
more of these SNURs must be received
on or before September 26, 2018 (see
Unit VI. of the SUPPLEMENTARY
INFORMATION). If EPA receives written
adverse commentsts, on one or more of
these SNURs before September 26, 2018,
EPA will withdraw the relevant sections
of this direct final rule before its
effective date.
For additional information on related
reporting requirement dates, see Units
I.A., VI., and VII. of the SUPPLEMENTARY
INFORMATION.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2017–0560, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
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]]>Agencies
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Rules and Regulations]
[Pages 43525-43527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18453]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0742]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Mile Markers 751.2 to
751.8, Alma, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Upper Mississippi River. The safety
zone is necessary to protect persons, vessels, and the marine
environment from potential hazards created by a demolition project
taking place on the bank of the Upper Mississippi River near Alma, WI.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector Upper
Mississippi River or a designated representative.
DATES: This rule is effective from September 28, 2018, through October
15, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0742 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 Lieutenant Commander Christian Barger, Waterways
Management Division, Sector Upper Mississippi River, U.S. Coast Guard;
telephone 314-269-2560, 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
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency 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. It is
impracticable because we must establish this safety zone by September
28, 2018, and we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule. The
NPRM process would delay the establishment of the safety zone and
compromise public safety.
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 the equipment to be
used in the demolition of a 700 foot tall chimney at the Dairyland
Power Cooperative Station will be a safety concern for anyone on a six-
tenths of a mile stretch of the Upper Mississippi River at the time the
chimney is toppled. This rule is needed to protect persons, vessels,
and the marine environment in the navigable waters within the safety
zone before, during, and after the demolition.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from September 28,
2018 through October 15, 2018. The safety zone will cover all navigable
waters of the Upper Mississippi River between mile markers 751.2 and
751.8, adjacent to the eastern river bank, where the demolition of a
700-foot chimney will take place. The Coast Guard was informed that the
demolition itself would take approximately 30 minutes on one day and
that all debris should be contained and is not expected to enter the
waterway. The period of enforcement of this safety zone will be two
hours before, thirty minutes during, and thirty minutes after the
demolition. The COTP or a designated representative will inform the
public through Broadcast Notice to Mariners (BNM), Local Notices to
Mariners (LNM), and/or Marine Safety Information Bulletins (MSIBs), or
through other means of public notice, as appropriate, at least 3 hours
in advance of the enforcement period. The duration of the zone is
intended to protect persons, vessels, and the marine
[[Page 43526]]
environment on these navigable waters during the chimney demolition.
No vessel or person will be permitted to enter the temporary safety
zone without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to Sector Upper
Mississippi River, U.S. Coast Guard. A designated representative may be
a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel. The Patrol Commander may be
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
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 their
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
dates for this safety zone through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners (LNMs), and/or Safety Information
Marine Broadcasts (SIMBs), 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 13563 (``Improving Regulation and Regulatory
Review'') and 12866 (``Regulatory Planning and Review'') 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 (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs'') directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. As this
rule is not a significant regulatory action, this rule is exempt from
the requirements of Executive Order 13771. See OMB's Memorandum
``Guidance Implementing Executive Order 13771, Titled `Reducing
Regulation and Controlling Regulatory Costs''' (April 5, 2017).
This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone impacts
less than a one-mile stretch of the Upper Mississippi River for
approximately three hours on one day. Moreover, the Coast Guard will
issue a Safety Marine Information Broadcast (SMIB) via VHF-FM marine
channel 16 about the zone and the rule would allow vessels to seek
permission to enter the zone.
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
temporary 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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
[[Page 43527]]
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, 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
safety zone that impacts a less than a one-mile stretch of the Upper
Mississippi River for approximately three hours on one day. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
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; and Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T08-0724 to read as follows:
Sec. 165. T08-0742 Safety Zone; Mile Markers 751.2 to 751.8, Upper
Mississippi River, Alma, WI.
(a) Location. The following area is a safety zone: All navigable
waters of the Mississippi River between mile marker (MM) 751.2 and MM
751.8, Alma, WI.
(b) Effective period. This section will be enforced from September
28, 2018 through October 15, 2018.
(c) Enforcement period. This section will be enforced for three
hours on one day, two hours prior to, thirty minutes during, and thirty
minutes after the completion of demolition at the Dairyland Power
Cooperative Station in Alma, WI. The Captain of the Port Sector Upper
Mississippi River (COTP) or a designated representative will inform the
public of the enforcement through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs) and/or Safety Marine Information
Broadcasts (SMIBs) or other means of public notice at least three hours
in advance of the enforcement of this safety zone.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, persons and vessels are prohibited from
entering the safety zone 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. A
designated representative may be a Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The Patrol Commander may be contacted on Channel 16 VHF-FM
(156.8 MHz) by the call sign ``PATCOM''.
(2) Persons or vessels desiring to enter into or pass through the
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) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners (BNMs), Local Notices to Mariners (LNMs) and/or Safety Marine
Information Broadcasts (SMIBs) or other means of public notice of the
enforcement period for the temporary safety zone as well as any changes
in the dates and times of enforcement.
Dated: August 21, 2018.
Stormer, Scott A.,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2018-18453 Filed 8-24-18; 8:45 am]
BILLING CODE 9110-04-P
