Safety Zone; Upper Mississippi River, Miles 179 to 180, St. Louis, MO, 55284-55286 [2018-24120]
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Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations
of the Port Buffalo, or his on-scene
representative.
II. Background Information and
Regulatory History
Dated: October 30, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. It is impracticable
because we must establish this safety
zone by November 8, 2018 and 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 scheduled date of the fireworks
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 public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with the fireworks display.
[FR Doc. 2018–24059 Filed 11–2–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0815]
RIN 1625–AA00
Safety Zone; Upper Mississippi River,
Miles 179 to 180, St. Louis, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Upper
Mississippi River from mile marker
(MM) 179 to MM 180. This action is
necessary to provide for the safety of
persons, vessels, and the marine
environment on these navigable waters
near St. Louis, MO, during a fireworks
display. 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 8 p.m.
through 11:30 p.m. on November 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–
0815 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, Sector Upper Mississippi River
Waterways Management Division, U.S.
Coast Guard; telephone 314–269–2560,
email Christian.J.Barger@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
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
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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 a fireworks display on
the evening of November 8, 2018, will
be a safety concern for persons and
vessels on a one-mile stretch of the
Upper Mississippi River. Hazards
associated with firework displays
include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. This
rule is necessary to ensure the safety of
persons, vessels, and the marine
environment on these navigable waters
before, during, and after the fireworks
display.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8 p.m. through 11:30
p.m. on November 8, 2018. The safety
zone will cover all navigable waters of
the Upper Mississippi River from mile
179 to mile 180, in St. Louis, Mo. The
duration of the zone is intended to
protect persons, vessels, and the marine
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environment in these navigable waters
during the fireworks display.
No vessel or person will be permitted
to enter the 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 (USCG) assigned
to units under the operational control of
USCG Sector Upper Mississippi River.
To seek permission to enter, contact the
COTP or a designated representative via
VHF–FM channel 16, or through USCG
Sector Upper Mississippi River at 314–
269–2332. Persons and vessels
permitted to enter the safety zone must
comply with all lawful orders or
directions issued by the COTP or
designated representative. The COTP or
a designated representative will inform
the public of the effective period for the
safety zone as well as any changes in the
dates and times of enforcement through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
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, and
duration of the temporary safety zone.
The safety zone impacts a one-mile
stretch of the Upper Mississippi river
for three and one half hours on one
evening. Moreover, the Coast Guard will
issue a BNM via VHF–FM marine
channel 16 about the zone, and the rule
allows vessels to seek permission to
enter the zone.
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Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations
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
VerDate Sep<11>2014
16:30 Nov 02, 2018
Jkt 247001
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 a
temporary safety zone prohibiting entry
on a one-mile stretch of the Upper
Mississippi River for three hours on one
evening. 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
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55285
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
INFORMATION CONTACT
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;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0815 to read as
follows:
■
§ 165.T08–0815 Safety Zone; Upper
Mississippi River, Miles 179 to 180, St.
Louis, MO.
(a) Location. The following area is a
safety zone: All waters of the Upper
Mississippi River from mile marker
(MM) 179 to MM180, from surface to
bottom, Saint Louis, MO.
(b) Effective period. This section is
effective from 8 p.m. through 11:30 p.m.
on November 8, 2018.
(c) Regulations. (1) In accordance with
the general safety zone regulations in
165.23, entry of persons or vessels into
this safety zone described in paragraph
(a) of this section 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 (USCG) assigned
to units under the operational control of
USCG Sector Upper Mississippi River.
(2) To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through USCG Sector Upper
Mississippi River at 314–269–2332.
Persons and vessels permitted to enter
the safety zone must comply with all
lawful orders or directions issued by the
COTP or designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
E:\FR\FM\05NOR1.SGM
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55286
Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations
Information Bulletins (MSIBs) as
appropriate.
Dated: October 30, 2018.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2018–24120 Filed 11–2–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[EPA–R08–UST–2018–0169; FRL–9982–18–
Region 8]
Utah: Final Approval of State
Underground Storage Tank Program
Revisions, Codification and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Resource
Conservation and Recovery Act (RCRA
or Act), the Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
of Utah’s Underground Storage Tank
(UST) program submitted by the State.
The EPA has determined that these
revisions satisfy all requirements
needed for program approval. This
action also codifies the EPA’s approval
of Utah’s state program and incorporates
by reference those provisions of the
State’s regulations that we have
determined meet the requirements for
approval. The State’s federallyauthorized and codified UST program,
as revised pursuant to this action, will
remain subject to the EPA’s inspection
and enforcement authorities under
sections 9005 and 9006 of RCRA subtitle
I and other applicable statutory and
regulatory provisions.
DATES: This rule is effective January 4,
2019, unless the EPA receives adverse
comment by December 5, 2018. If EPA
receives adverse comment, it will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. The
incorporation by reference of certain
publications listed in the regulations is
approved by the Director of the Federal
Register, as of January 4, 2019, in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
SUMMARY:
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16:30 Nov 02, 2018
Jkt 247001
2. Email: langenfeld.matthew@
epa.gov.
3. Mail: Matthew Langenfeld, Region
8, Project Officer, UST, Solid Waste and
PCB Unit, Resource Conservation and
Recovery Program, Office of
Partnerships and Regulatory Assistance
(8P–R), EPA Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202–1129.
4. Hand Delivery or Courier: Deliver
your comments to Matthew Langenfeld,
Region 8, Project Officer, UST, Solid
Waste and PCB Unit, Resource
Conservation and Recovery Program,
Office of Partnerships and Regulatory
Assistance (8P–R), EPA Region 8, 1595
Wynkoop Street, Denver, Colorado
80202–1129.
Instructions: Direct your comments to
Docket ID No. EPA–R08–UST–2018–
0169. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov, or email. The
federal https://www.regulations.gov
website is an ‘‘anonymous access’’
system, which means the EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to the EPA
without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If the EPA
cannot read your comment due to
technical difficulties, and cannot
contact you for clarification, the EPA
may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
You can view and copy the
documents that form the basis for this
action and associated publicly available
materials from 8:30 a.m. to 4:00 p.m.
Monday through Friday at the following
location: EPA Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
phone number (303) 312–6284.
Interested persons wanting to examine
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these documents should make an
appointment with the office at least 2
days in advance.
FOR FURTHER INFORMATION CONTACT:
Matthew Langenfeld, (303) 312–6284,
Langenfeld.matthew@epa.gov. To
inspect the hard copy materials, please
schedule an appointment with Matthew
Langenfeld at (303) 312–6284.
SUPPLEMENTARY INFORMATION:
I. Approval of Revisions to Utah’s
Underground Storage Tank Program
A. Why are revisions to state programs
necessary?
States which have received final
approval from the EPA under RCRA
section 9004(b) of RCRA, 42 U.S.C.
6991c(b), must maintain an
underground storage tank program that
is equivalent to, consistent with, and no
less stringent than the federal
underground storage tank program.
When the EPA makes revisions to the
regulations that govern the UST
program, states must revise their
programs to comply with the updated
regulations and submit these revisions
to the EPA for approval. Most
commonly, states must change their
programs because of changes to the
EPA’s regulations in 40 Code of Federal
Regulations (CFR) part 280. States can
also initiate changes on their own to
their underground storage tank program
and these changes must then be
approved by the EPA.
B. What decisions has the EPA made in
this rule?
On February 28, 2018, in accordance
with 40 CFR 281.51(a), Utah submitted
a complete program revision application
seeking the EPA approval for its UST
program revisions (State Application).
Utah’s revisions correspond to the EPA
final rule published on July 15, 2015 (80
FR 41566), which revised the 1988 UST
regulations and the 1988 state program
approval (SPA) regulations (2015
Federal Revisions). As required by 40
CFR 281.20, the State Application
contains the following: A transmittal
letter from the Governor requesting
approval, a description of the program
and operating procedures, a
demonstration of the State’s procedures
to ensure adequate enforcement, a
Memorandum of Agreement outlining
the roles and responsibilities of the EPA
and the implementing agency, a
statement of certification from the
Attorney General, and copies of all
relevant state statutes and regulations.
We have reviewed the State Application
and determined that the revisions to
Utah’s UST program are equivalent to,
consistent with, and no less stringent
E:\FR\FM\05NOR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Rules and Regulations]
[Pages 55284-55286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24120]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0815]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Miles 179 to 180, St.
Louis, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Upper Mississippi River from mile marker (MM)
179 to MM 180. This action is necessary to provide for the safety of
persons, vessels, and the marine environment on these navigable waters
near St. Louis, MO, during a fireworks display. 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 8 p.m. through 11:30 p.m. on
November 8, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0815 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, Sector Upper
Mississippi River Waterways Management Division, 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)(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 November 8,
2018 and 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 scheduled date of the fireworks 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 public interest because immediate action is necessary to
respond to the potential safety hazards associated with the 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 Sector Upper Mississippi River (COTP) has
determined that potential hazards associated with a fireworks display
on the evening of November 8, 2018, will be a safety concern for
persons and vessels on a one-mile stretch of the Upper Mississippi
River. Hazards associated with firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. This rule is necessary to ensure the safety of
persons, vessels, and the marine environment on these navigable waters
before, during, and after the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8 p.m. through
11:30 p.m. on November 8, 2018. The safety zone will cover all
navigable waters of the Upper Mississippi River from mile 179 to mile
180, in St. Louis, Mo. The duration of the zone is intended to protect
persons, vessels, and the marine environment in these navigable waters
during the fireworks display.
No vessel or person will be permitted to enter the 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 (USCG) assigned to units under
the operational control of USCG Sector Upper Mississippi River. To seek
permission to enter, contact the COTP or a designated representative
via VHF-FM channel 16, or through USCG Sector Upper Mississippi River
at 314-269-2332. Persons and vessels permitted to enter the safety zone
must comply with all lawful orders or directions issued by the COTP or
designated representative. The COTP or a designated representative will
inform the public of the effective period for the safety zone as well
as any changes in the dates and times of enforcement through Local
Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), 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, and duration of the temporary safety zone. The safety zone
impacts a one-mile stretch of the Upper Mississippi river for three and
one half hours on one evening. Moreover, the Coast Guard will issue a
BNM via VHF-FM marine channel 16 about the zone, and the rule allows
vessels to seek permission to enter the zone.
[[Page 55285]]
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.
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 a
temporary safety zone prohibiting entry on a one-mile stretch of the
Upper Mississippi River for three hours on one evening. 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; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0815 to read as follows:
Sec. 165.T08-0815 Safety Zone; Upper Mississippi River, Miles 179 to
180, St. Louis, MO.
(a) Location. The following area is a safety zone: All waters of
the Upper Mississippi River from mile marker (MM) 179 to MM180, from
surface to bottom, Saint Louis, MO.
(b) Effective period. This section is effective from 8 p.m. through
11:30 p.m. on November 8, 2018.
(c) Regulations. (1) In accordance with the general safety zone
regulations in 165.23, entry of persons or vessels into this safety
zone described in paragraph (a) of this section 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 (USCG)
assigned to units under the operational control of USCG Sector Upper
Mississippi River.
(2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or through USCG Sector Upper
Mississippi River at 314-269-2332. Persons and vessels permitted to
enter the safety zone must comply with all lawful orders or directions
issued by the COTP or designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Marine Safety
[[Page 55286]]
Information Bulletins (MSIBs) as appropriate.
Dated: October 30, 2018.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2018-24120 Filed 11-2-18; 8:45 am]
BILLING CODE 9110-04-P
