Special Local Regulation; Upper Mississippi River, St. Paul, MN, 45339-45342 [2018-19448]
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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations
and effective September 15, 2017. FAA
Order 7400.11B is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Rule
The FAA is amending Title 14, Code
of Federal Regulations (14 CFR) part 71
by modifying the descriptions of VOR
Federal airways V–72 and V–429 due to
the planned decommissioning of the
Mattoon, IL, VOR. The VOR Federal
airway changes are described below.
V–72: V–72 extends between the
Razorback, AR, VOR/Tactical Air
Navigation (VORTAC) and the
Bloomington, IL, VOR/DME. The airway
segment between the Bible Grove, IL,
VORTAC and the Bloomington, IL,
VOR/DME is removed. The unaffected
portions of the existing airway remain
as charted.
V–429: V–429 extends between the
Cape Girardeau, MO, VOR/DME and the
Joliet, IL, VORTAC. The airway segment
between the Bible Grove, IL, VORTAC
and the Champaign, IL, VORTAC is
removed. The unaffected portions of the
existing airway remain as charted.
All radials in the route descriptions
below are unchanged and stated in True
degrees.
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Regulatory Notices and Analyses
accordance with FAA Order 1050.1F,
Environmental Impacts: Policies and
Procedures, paragraph 5-6.5a, which
categorically excludes from further
environmental impact review
rulemaking actions that designate or
modify classes of airspace areas,
airways, routes, and reporting points
(see 14 CFR part 71, Designation of
Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and
Reporting Points). As such, this action
is not expected to result in any
potentially significant environmental
impacts. In accordance with FAA Order
1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA
has reviewed this action for factors and
circumstances in which a normally
categorically excluded action may have
a significant environmental impact
requiring further analysis. The FAA has
determined that no extraordinary
circumstances exist that warrant
preparation of an environmental
assessment or environmental impact
study.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
Environmental Review
V–72 [Amended]
From Razorback, AR; Dogwood, MO; INT
Dogwood 058° and Maples, MO, 236° radials;
Maples; Farmington, MO; Centralia, IL; to
Bible Grove, IL.
The FAA has determined that this
action of modifying VOR Federal
airways V–72 and V–429 in the vicinity
of Mattoon and Charleston, IL, qualifies
for categorical exclusion under the
National Environmental Policy Act, 42
U.S.C. 4321, and its implementing
regulations at 40 CFR part 1500, and in
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1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017 and
effective September 15, 2017, is
amended as follows:
■
Paragraph 6010(a) Domestic VOR Federal
Airways.
*
*
*
*
*
*
*
*
*
*
V–429 [Amended]
From Cape Girardeau, MO; Marion, IL; INT
Marion 011° and Bible Grove, IL, 207°
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45339
radials; to Bible Grove. From Champaign, IL;
Roberts, IL; to Joliet, IL.
Issued in Washington, DC, on August 29,
2018.
Scott M. Rosenbloom,
Acting Manager, Airspace Policy Group.
[FR Doc. 2018–19347 Filed 9–6–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0821]
RIN 1625–AA08
Special Local Regulation; Upper
Mississippi River, St. Paul, MN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for the navigable waters of
the Upper Mississippi River from Mile
Marker (MM) 846 to MM 847. The
special local regulation is necessary to
protect event participants, spectators,
and vessels transiting the area from
potential hazards during the WCCO–TV
Pulling Together marine event. Entry of
vessels or persons into the regulated
area 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 10
a.m. through 5 p.m. on September 8,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0821 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 Chief Petty Officer Joshua Wilson,
Sector Upper Mississippi River,
Waterways Management Division, U.S.
Coast Guard; telephone 314–269–2548,
email Joshua.A.Wilson@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
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U.S.C. United States Code
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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
would be impracticable. This rule must
be established by September 8, 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
temporary special local regulation until
after the scheduled date of the event,
which would 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 the effective date of
this rule would be contrary to the public
interest because immediate action is
necessary to ensure the safety of event
participants, and persons and vessels
transiting the regulated area.
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 there are potential
hazards associated with the WCCO–TV
Pulling Together event consisting of a
tug of war competition between teams
on opposing banks of the Upper
Mississippi River between Mile Marker
(MM) 846 and MM 847. This event will
span the entire width of the river,
potentially causing an extra or unusual
hazard to the safety of life on the
navigable waters of the United States.
This rule is necessary to protect event
participants, and persons and vessels
transiting the regulated area during the
event.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation during the
WCCO–TV Pulling Together event from
10 a.m. until 5 p.m. on September 8,
2018, or until cancelled by the COTP,
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whichever occurs first. The regulated
area will cover all navigable waters of
the Upper Mississippi River from MM
846 to MM 847. This special local
regulation is intended to protect the
public from potential navigation
hazards during the event. No person or
vessel is permitted to enter the regulated
area without obtaining permission from
the COTP or a designated
representative. A designated
representative may be a Patrol
Commander (PATCOM). If established,
the PATCOM may be contacted on
VHF–FM Channel 16 by using the call
sign ‘‘PATCOM’’. The COTP or
designated representative may be
contacted by phone at 314–269–2332 or
VHF–FM Channel 16.
All persons and vessels not registered
with the event sponsor as sponsors or
official patrol vessels are considered
‘‘spectators’’. The ‘‘official patrol
vessels’’ consist of any Coast Guard,
State and local law enforcement, and
sponsor provided vessels assigned or
approved by the COTP to patrol the
regulated area.
Spectator vessels desiring to enter,
transit through or within, or exit the
regulated area may do so only with
permission from the COTP or a
designated representative and, when
permitted by the COTP or a designated
representative, must operate at a
minimum safe navigation speed in a
manner which will not endanger event
participants or other persons or vessels
within the regulated area.
No spectator vessel shall anchor,
block, loiter, or impede the through
transit of event participant or official
patrol vessels in the regulated area
during the effective dates and times,
unless cleared for entry by or through an
official patrol vessel.
Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel.
The COTP or designated
representative may forbid and control
the movement of any and all vessels in
the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, a citation for failure to
comply, or both.
The COTP or designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property. The COTP
or a designated representative will
terminate the enforcement of the
temporary special local regulation at the
conclusion of the event.
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The COTP or a designated
representative will inform the public of
the enforcement times and the
establishment of a PATCOM for this
regulated area through Broadcast
Notices to Mariners (BNMs), Local
Notices to Mariners (LNMs), and/or
Safety Marine Information Bulletins
(SMIBs), 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 for the
temporary special local regulation. The
regulated area will be enforced on a onemile stretch of the Upper Mississippi
River for a period of up to seven hours
on one day. Vessel traffic may request
to transit the regulated area by
contacting the COTP or a designated
representative. Moreover, the COTP or a
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designated representative will publish
details of the regulated area in LNMs
and will issue BNMs via VHF–FM
Channel 16 to allow waterways users to
plan accordingly.
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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 regulated
area 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).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
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 the
establishment of a temporary special
local regulation that will restrict access
on a one-mile stretch of the Upper
Mississippi River for seven hours on
one day. It is categorically excluded
from further review under paragraph
L61 of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
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45341
Rev. 01. Because this rulemaking is to
establish a temporary special local
regulation for a permitted marine event
that is not located in, proximate to, or
above an area designated
environmentally sensitive by an
environmental agency of the Federal,
State, or local government a Record of
Environmental Consideration (REC) is
not required. Should any detail of this
rule change to such an extent that will
require a REC, a REC will be available
in the docket 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 100
Maritime 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:
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; 33 CFR 1.05–1.
2. Add § 100.T08–0821 to read as
follows:
■
§ 100.T08–0821 Special Local Regulation;
Upper Mississippi River, St. Paul, MN.
(a) Location. A temporary special
local regulation is established for the
following area: all navigable waters of
the Upper Mississippi River from Mile
Marker (MM) 846 to MM 847, extending
the entire width of the river.
(b) Effective period. This section will
be enforced from 10 a.m. through 5 p.m.
on September 8, 2018, or until cancelled
by the COTP, whichever occurs first
(c) Regulations. (1) In accordance with
the general regulations in § 100.35 of
this part, entry of vessels or persons into
this regulated area is prohibited unless
specifically authorized by the Captain of
the Port Sector Upper Mississippi River
(COTP) or 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
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Patrol Commander (PATCOM). If
established, the PATCOM may be
contacted on VHF–FM Channel 16 by
using the call sign ‘‘PATCOM’’. The
COTP or designated representative may
be contacted by phone at 314–269–2332
or VHF–FM Channel 16.
(2) All persons and vessels not
registered with the event sponsor as
sponsors or official patrol vessels are
considered ‘‘spectators’’. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, State and local law enforcement,
and sponsor provided vessels assigned
or approved by the COTP to patrol the
regulated area.
(3) Spectator vessels desiring to enter,
transit through or within, or exit the
regulated area may do so only with
permission from the COTP or a
designated representative and, when
permitted by the COTP or a designated
representative, must operate at a
minimum safe navigation speed in a
manner which will not endanger event
participants or other persons or vessels
within the regulated area.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of event participant or official
patrol vessels in the regulated area
during the effective dates and times,
unless cleared for entry by or through an
official patrol vessel.
(5) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel.
(6) The COTP or designated
representative may forbid and control
the movement of any and all vessels in
the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, a citation for failure to
comply, or both.
(7) The COTP or designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property. The COTP
or a designated representative will
terminate the enforcement of the
temporary special local regulation at the
conclusion of the event.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement times and the
establishment of a PATCOM for this
regulated area through Broadcast
Notices to Mariners (BNMs), Local
Notices to Mariners (LNMs), and/or
Safety Marine Information Bulletins
(SMIBs) as appropriate.
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Dated: September 4, 2018
R.M. Scott,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2018–19448 Filed 9–6–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0814]
RIN 1625-AA00
Safety Zone; Perch and Pilsner
Fireworks; Lake Erie, Conneaut, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 210-foot
radius of the fireworks launch site at
500 Erie Street, Conneaut, OH. This
safety zone is needed to restrict vessels
from a portion of Lake Erie during the
Perch and Pilsner Festival fireworks
display. This temporary safety zone is
necessary to protect personnel, vessels,
and the marine environment from the
potential hazards associated with a
fireworks display. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Buffalo.
DATES: This rule is effective from 8:15
p.m. until 9:00 p.m. on September 8,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0814 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 LT Ryan Junod, Chief of
Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland;
telephone 216–937–0124, email
Ryan.S.Junod@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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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 find that those procedures are
‘‘impracticable, unnecessary, or contrary
to 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 the event
sponsor did not submit notice to the
Coast Guard with sufficient time
remaining before the event to publish an
NPRM. Thus, delaying the effective date
of this rule to wait for a comment period
to run would be contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect spectators and vessels
from the hazards associated with a
maritime fireworks display.
Under 5 U.S.C. 553 (d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register because doing so
would be impracticable and contrary to
the public interest. Delaying the
effective date would be contrary to the
rule’s objectives of ensuring safety of
life on the navigable waters and
protection of persons and vessels near
the maritime fireworks display.
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 Buffalo, NY (COTP)
has determined that potential hazards
associated with vessels in the vicinity of
firework displays on September 8, 2018
will be a safety concern for vessels and
spectators within a 210 foot radius of
the launch point of the fireworks. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the fireworks display is
happening.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:15 p.m. through 9:00 p.m. on
September 8, 2018. The safety zone will
cover all navigable waters within 210foot of the fireworks launch site at
position 41°58′01.64″ N, 080°33′38.22″
W, 500 Erie St, Conneaut, OH. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
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]]>Agencies
[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Rules and Regulations]
[Pages 45339-45342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19448]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0821]
RIN 1625-AA08
Special Local Regulation; Upper Mississippi River, St. Paul, MN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the navigable waters of the Upper Mississippi River from
Mile Marker (MM) 846 to MM 847. The special local regulation is
necessary to protect event participants, spectators, and vessels
transiting the area from potential hazards during the WCCO-TV Pulling
Together marine event. Entry of vessels or persons into the regulated
area 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 10 a.m. through 5 p.m. on September
8, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0821 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 Chief Petty Officer Joshua Wilson, Sector Upper
Mississippi River, Waterways Management Division, U.S. Coast Guard;
telephone 314-269-2548, 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
[[Page 45340]]
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 would be impracticable.
This rule must be established by September 8, 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 temporary special local regulation until
after the scheduled date of the event, which would 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 the effective date of
this rule would be contrary to the public interest because immediate
action is necessary to ensure the safety of event participants, and
persons and vessels transiting the regulated area.
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 there are potential hazards associated with the WCCO-TV
Pulling Together event consisting of a tug of war competition between
teams on opposing banks of the Upper Mississippi River between Mile
Marker (MM) 846 and MM 847. This event will span the entire width of
the river, potentially causing an extra or unusual hazard to the safety
of life on the navigable waters of the United States. This rule is
necessary to protect event participants, and persons and vessels
transiting the regulated area during the event.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation during
the WCCO-TV Pulling Together event from 10 a.m. until 5 p.m. on
September 8, 2018, or until cancelled by the COTP, whichever occurs
first. The regulated area will cover all navigable waters of the Upper
Mississippi River from MM 846 to MM 847. This special local regulation
is intended to protect the public from potential navigation hazards
during the event. No person or vessel is permitted to enter the
regulated area without obtaining permission from the COTP or a
designated representative. A designated representative may be a Patrol
Commander (PATCOM). If established, the PATCOM may be contacted on VHF-
FM Channel 16 by using the call sign ``PATCOM''. The COTP or designated
representative may be contacted by phone at 314-269-2332 or VHF-FM
Channel 16.
All persons and vessels not registered with the event sponsor as
sponsors or official patrol vessels are considered ``spectators''. The
``official patrol vessels'' consist of any Coast Guard, State and local
law enforcement, and sponsor provided vessels assigned or approved by
the COTP to patrol the regulated area.
Spectator vessels desiring to enter, transit through or within, or
exit the regulated area may do so only with permission from the COTP or
a designated representative and, when permitted by the COTP or a
designated representative, must operate at a minimum safe navigation
speed in a manner which will not endanger event participants or other
persons or vessels within the regulated area.
No spectator vessel shall anchor, block, loiter, or impede the
through transit of event participant or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
Any spectator vessel may anchor outside the regulated area, but may
not anchor in, block, or loiter in a navigable channel.
The COTP or designated representative may forbid and control the
movement of any and all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, a citation for failure to
comply, or both.
The COTP or designated representative may terminate the event or
the operation of any vessel at any time it is deemed necessary for the
protection of life or property. The COTP or a designated representative
will terminate the enforcement of the temporary special local
regulation at the conclusion of the event.
The COTP or a designated representative will inform the public of
the enforcement times and the establishment of a PATCOM for this
regulated area through Broadcast Notices to Mariners (BNMs), Local
Notices to Mariners (LNMs), and/or Safety Marine Information Bulletins
(SMIBs), 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 for the temporary special local regulation. The regulated area
will be enforced on a one-mile stretch of the Upper Mississippi River
for a period of up to seven hours on one day. Vessel traffic may
request to transit the regulated area by contacting the COTP or a
designated representative. Moreover, the COTP or a
[[Page 45341]]
designated representative will publish details of the regulated area in
LNMs and will issue BNMs via VHF-FM Channel 16 to allow waterways users
to plan accordingly.
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
regulated area 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.
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
the establishment of a temporary special local regulation that will
restrict access on a one-mile stretch of the Upper Mississippi River
for seven hours on one day. It is categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. Because this rulemaking is to establish
a temporary special local regulation for a permitted marine event that
is not located in, proximate to, or above an area designated
environmentally sensitive by an environmental agency of the Federal,
State, or local government a Record of Environmental Consideration
(REC) is not required. Should any detail of this rule change to such an
extent that will require a REC, a REC will be available in the docket
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 100
Maritime 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:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; 33 CFR 1.05-1.
0
2. Add Sec. 100.T08-0821 to read as follows:
Sec. 100.T08-0821 Special Local Regulation; Upper Mississippi River,
St. Paul, MN.
(a) Location. A temporary special local regulation is established
for the following area: all navigable waters of the Upper Mississippi
River from Mile Marker (MM) 846 to MM 847, extending the entire width
of the river.
(b) Effective period. This section will be enforced from 10 a.m.
through 5 p.m. on September 8, 2018, or until cancelled by the COTP,
whichever occurs first
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35 of this part, entry of vessels or persons into this
regulated area is prohibited unless specifically authorized by the
Captain of the Port Sector Upper Mississippi River (COTP) or 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
[[Page 45342]]
Patrol Commander (PATCOM). If established, the PATCOM may be contacted
on VHF-FM Channel 16 by using the call sign ``PATCOM''. The COTP or
designated representative may be contacted by phone at 314-269-2332 or
VHF-FM Channel 16.
(2) All persons and vessels not registered with the event sponsor
as sponsors or official patrol vessels are considered ``spectators''.
The ``official patrol vessels'' consist of any Coast Guard, State and
local law enforcement, and sponsor provided vessels assigned or
approved by the COTP to patrol the regulated area.
(3) Spectator vessels desiring to enter, transit through or within,
or exit the regulated area may do so only with permission from the COTP
or a designated representative and, when permitted by the COTP or a
designated representative, must operate at a minimum safe navigation
speed in a manner which will not endanger event participants or other
persons or vessels within the regulated area.
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of event participant or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(5) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel.
(6) The COTP or designated representative may forbid and control
the movement of any and all vessels in the regulated area. When hailed
or signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, a citation for failure to
comply, or both.
(7) The COTP or designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property. The COTP or a designated
representative will terminate the enforcement of the temporary special
local regulation at the conclusion of the event.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement times and the
establishment of a PATCOM for this regulated area through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Safety Marine Information Bulletins (SMIBs) as appropriate.
Dated: September 4, 2018
R.M. Scott,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Upper
Mississippi River.
[FR Doc. 2018-19448 Filed 9-6-18; 8:45 am]
BILLING CODE 9110-04-P
