Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update

Federal Register, Volume 81 Issue 108 (Monday, June 6, 2016)

Federal Register Volume 81, Number 108 (Monday, June 6, 2016)

Rules and Regulations

Pages 36171-36174

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2016-13239

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

Docket Number USCG-2015-1079

RIN 1625-AA00

Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with requests for comments.

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SUMMARY: The Coast Guard is amending and updating its annual and recurring safety zones that take place in the Coast Guard Sector Upper Mississippi River area of responsibility (AOR). This regulation informs the public of regularly scheduled events that require additional safety measures through establishing a safety zone. Through this interim rule the current list of recurring safety zones is updated with revisions, additional events, and removal of events that no longer take place; and we are requesting comments on additional changes necessary to update the permanent list of recurring safety zones in Sector Upper Mississippi River's AOR. When these safety zones are enforced, vessel traffic is restricted from specified areas. Additionally, this one rulemaking project serves to provide notice of the known recurring safety zones throughout the year.

DATES: This rule is effective June 11, 2016. Comments and related material must be received by the Coast Guard on or before June 27, 2016.

ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-

2015-1079 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone 314-269-2332, email Sean.M.Peterson@uscg.mil.

SUPPLEMENTARY INFORMATION:

1. Table of Abbreviations

   AOR Area of Responsibility

   CFR Code of Federal Regulations

   COTP Captain of the Port

   DHS Department of Homeland Security

   FR Federal Register

   NPRM Notice of proposed rulemaking

   Sec. Section

   U.S.C. United States Code

2. Background Information and Regulatory History

   On April 8, 2016, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update (81 FR 20592). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended May 9, 2016, we received information from event sponsors providing updated locations for 2 of the events listed in the NPRM. Therefore, we are requesting comments through this interim rule related to these two location changes before issuing a final rule. These changes are discussed further below.

   We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Though we are not providing a full 30 day notice period, the Coast Guard did provide notice and opportunity to comment through the NPRM process and is now providing five days notice before the first updated recurring safety zone enforcement is required the weekend of June 11-12. It is impracticable to provide a full 30-days notice because this rule must be effective June 11, 2016.

3. 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 (COTP) Upper Mississippi River has determined that potential hazards associated with the recurring events will cause safety concerns. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zones, before, during, and after the scheduled events.

4. Discussion of Comments, Changes, and the Interim Rule

   As noted above, during the comment period for our NPRM that published April 8, 2016, we received information from event sponsors updating the location for two events. This information lead to the need to propose changes to the location details for two of the recurring safety zones listed in the NPRM. Therefore, there are two new proposed changes to the regulatory text of this rule that are different from the proposed rule in the NPRM. The first corrects the location of event number 14; Prairie du Chien Area Chamber Fireworks, taking place annually on one day during the second weekend of July. The location listed in the proposed rule was Upper Mississippi River mile marker 633.8 to 634.2; the correct location for this event is Upper Mississippi River mile marker 635.2 to 635.7. The second corrects the location of event number 31; Hermann 4th of July event taking place one day over the 4th of July weekend. The location listed in the proposed rule was Missouri River mile marker 99.0 to 98.0; the correct location for this event is Missouri River mile marker 97.0 to 98.0.

   All other changes, removals, and additions proposed under the NPRM remain the same as listed in the proposed rule. This interim rule establishes recurring safety zones to restrict vessel transit into and through specified areas to protect spectators, mariners, and other persons and property from potential hazards presented during certain events taking place in Sector Upper Mississippi River's AOR. This interim rule amends, updates, and replaces Table 2 in 33 CFR 165.801, and requests comments on two additional changes as discussed above before issuing a final rule. No vessel or person will be permitted to enter the safety zones without first obtaining permission from the COTP or a designated representative.

5. 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.

   1. Regulatory Planning and Review

      Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget.

      Page 36172

      This rule establishes safety zones limiting access to certain areas under 33 CFR 165 within Sector Upper Mississippi River's AOR. The effect of this proposed rulemaking will not be significant because these safety zones are limited in scope and duration. Additionally, the public is given advance notification through local forms of notice, the Federal Register, and/or Notices of Enforcement and thus will be able to plan operations around the safety zones in advance. Deviation from the safety zones established through this rulemaking may be requested from the COTP Upper Mississippi River or a designated representative and requests will be considered on a case-by-case basis.

   2. Impact on Small Entities

      The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.

      While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A. above, this rule will not have a significant economic impact on any vessel owner or operator.

      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.

   3. 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).

   4. 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.

   5. 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.

   6. Environment

      We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves establishing safety zones limiting access to certain area under 33 CFR part 165 within Sector Upper Mississippi River's AOR. It is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

   7. 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.

5. Public Participation and Request for Comments

   We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.

   We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

   We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

   Documents mentioned in this interim rule or the preceding NPRM as being available in the docket, and all public

   Page 36173

   comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

   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

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   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. Amend Sec. 165.801 by revising Table 2 to read as follows:

      Sec. 165.801 Annual fireworks displays and other events in the Eighth Coast Guard District requiring safety zones.

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      Table 2 of Sec. 165.801--Sector Upper Mississippi River Annual and Recurring Safety Zones

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      Sector Upper

      Date Sponsor/name Mississippi River Safety zone

      location

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   1. 1 day--4th weekend of July..... Marketing Minneapolis LLC/ Minneapolis, MN...... Upper Mississippi River

      Target Aquatennial mile marker 853.2 to

      Fireworks. 854.2.

   2. 1 day--4th of July weekend..... Radio Dubuque/Radio Dubuque, IA.......... Upper Mississippi River

      Dubuque Fireworks and Air mile marker 581.0 to

      show. 583.0.

   3. 1 day--2nd weekend of June..... City of Champlin/Father Champlin, MN......... Upper Mississippi River

      Hennepin Fireworks mile marker 870.5 to

      Display. 872.0.

   4. 1 day--4th of July weekend..... Downtown Main Street/ Red Wing, MN......... Upper Mississippi River

      Mississippi Alumination. mile marker 790.8 to

      791.2.

   5. 1 day--4th of July weekend..... Tan-Tar-A Resort/Tan-Tar-A Lake of the Ozarks, Lake of the Ozarks mile

      4th of July Fireworks. MO. marker 025.8 to 026.2.

   6. 1 day--1st weekend of September Tan-Tar-A Resort/Tan-Tar-A Lake of the Ozarks, Lake of the Ozarks mile

      Labor Day Fireworks. MO. marker 025.8 to 026.2.

   7. 1 day--Last Sunday in May...... Tan-Tar-A Resort/Tan-Tar-A Lake of the Ozarks, Lake of the Ozarks mile

      Memorial Day fireworks. MO. marker 025.8 to 026.2.

   8. 1 day--4th of July weekend..... Lake City Chamber of Lake City, MN........ Upper Mississippi River

      Commerce/Lake City 4th of mile marker 772.4 to

      July Fireworks. 772.8.

   9. 1 day--4th of July weekend..... Greater Muscatine Chamber Muscatine, IA........ Upper Mississippi River

      of Commerce/Muscatine 4th mile marker 455.0 to

      of July. 456.0.

   10. 1 day--Last weekend in June/ Friends of the River Kansas City, KS...... Missouri River mile

       First weekend in July. Kansas City/KC Riverfest. marker 364.8 to 365.2.

   11. 1 day--4th of July weekend.... Louisiana Chamber of Louisiana, MO........ Upper Mississippi River

       Commerce/Louisiana July mile marker 282.0 to

       4th Fireworks. 283.0.

   12. 1 day--4th of July weekend.... Guttenberg Development and Guttenberg, IA....... Upper Mississippi River

       Tourism/Stars and Stripes mile marker 615.0 to

       River Day. 615.5.

   13. 4 days--1st or 2nd week of Riverfest, Inc./La Crosse La Crosse, WI........ Upper Mississippi River

       July. Riverfest. mile marker 697.5 to

       698.5 (Wisconsin).

   14. 1 day--2nd weekend in July.... Prairie du Chien Area Prairie du Chien, WI. Upper Mississippi River

       Chamber of Commerce/ mile marker 635.2 to

       Prairie du Chien Area 635.7.

       Chamber Fireworks.

   15. 1 day--4th of July weekend.... JMP Radio/Red White and Peoria, IL........... Illinois River mile

       Boom Peoria. marker 162.5 to 162.1.

   16. 1 day--Last weekend in June/ Hudson Boosters/Hudson Hudson, WI........... St. Croix River mile

       First weekend in July. Booster Days. marker 016.8 to 017.2.

   17. 2 days--4th of July weekend... City of St. Charles/St. St. Charles, MO...... Missouri River mile

       Charles Riverfest. marker 028.2 to 028.8.

   18. 1 day--4th of July weekend.... Minneapolis Park and Minneapolis, MN...... Upper Mississippi River

       Recreation Board/Red, mile marker 853.5 to

       White, and Boom 854.5.

       Minneapolis.

   19. 1 day--4th of July weekend.... Davenport One Chamber/Red Davenport, IA........ Upper Mississippi River

       White and Boom. mile marker 482.0 to

       482.7.

   20. 2 days--3rd weekend of July... Amelia Earhart Festival Kansas City, KS...... Missouri River mile

       Committee/Amelia Earhart marker 422.0 to 424.5.

       Festival.

   21. 1 day--4th of July weekend.... Alton Exposition Alton, IL............ Upper Mississippi River

       Commission/Mississippi mile marker 202.5 to

       Fireworks Festival. 203.0.

   22. 1 day--3rd Sunday in June..... Burlington Steamboat Days/ Burlington, IA....... Upper Mississippi River

       Burlington Steamboat Days. mile marker 403.5 to

       404.5.

   23. 1 day--Last Sunday in May..... Lodge of the Four Seasons/ Lake of the Ozarks, Lake of the Ozarks mile

       Lodge of the Four Seasons MO. marker 013.8 to 014.2.

       Memorial Day Fireworks.

   24. 1 day--First weekend of Lodge of the Four Seasons/ Lake of the Ozarks, Lake of the Ozarks mile

       September. Labor Day Fireworks. MO. marker 013.8 to 014.2.

   25. 1 day--4th of July weekend.... Lodge of the Four Seasons/ Lake of the Ozarks, Lake of the Ozarks mile

       Lodge of the Four Seasons MO. marker 013.8 to 014.2.

       4th of July.

   26. 2 days--3rd weekend in July... Hasting Riverboat Days/ Hasting, MN.......... Upper Mississippi River

       Rivertown Days. mile marker 813.7 to

       815.2.

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   27. 1 day--Sunday of Father's Day Winona Steamboat Days/ Winona, MN........... Upper Mississippi River

       weekend. Winona Steamboat Days mile marker 725.4 to

       Fireworks. 725.7.

   28. 3 days--4th of July weekend... Fair of St. Louis/Fair St. St. Louis, MO........ Upper Mississippi River

       Louis. mile marker 179.2 to

       180.0.

   29. 1 day--Last weekend in June/ Bellevue Heritage Days/ Bellevue, IA......... Upper Mississippi River

       First weekend in July. Bellevue Heritage Days. mile marker 556.0 to

       556.5.

   30. 1 day--4th of July weekend.... Main Street Parkway Parkville, MO........ Missouri River mile

       Association/Parkville 4th marker 378.0 to 377.5.

       of July Fireworks.

   31. 1 day--4th of July weekend.... Hermann Chamber of Hermann, MO.......... Missouri River mile

       Commerce/Hermann 4th of marker 097.0 to 098.0

       July. (Missouri).

   32. 1 day--4th of July weekend.... Grafton Chamber of Grafton, IL.......... Illinois River mile

       Commerce/Grafton Chamber marker 001.5 to 000.5

       4th of July Fireworks. (Illinois).

   33. 1 day--4th of July weekend.... Salute to America Jefferson City, MO... Missouri River mile

       Foundation, Inc./Salute marker 143.5 to 143.0

       to America. (Missouri).

   34. 1 day--4th of July weekend.... McGregor/Marquette Chamber McGregor, IA......... Upper Mississippi River

       Commerce/Independence Day mile marker 635.7 to

       Celebration. 634.2.

   35. 2 days--2nd weekend in August. Tug Committee/Great River Port Byron, IL....... Upper Mississippi River

       Tug. mile marker 497.2 to

       497.6 (Illinois).

   36. 1 day--4th of July weekend.... City of Stillwater/St. Stillwater, MN....... St. Croix River mile

       Croix Events/Stillwater marker 022.9 to 023.5

       4th of July. (Minnesota).

   37. 2 days--3rd weekend of Riverside Chamber of Riverside, MO........ Missouri River mile

       September. Commerce/Riverfest. marker 371.8 to 372.2.

   38. 4 days--3rd week of July...... St. Croix Events/ Stillwater, MN....... St. Croix River mile

       Lumberjack Days. marker 022.9 to 023.5

       (Minnesota).

   39. 2 days--Weekend that precedes Lake of the Ozarks Lake of the Ozarks, Lake of the Ozarks mile

       Labor Day Weekend. Shootout, Inc./Lake of MO. marker 032.5 to 034.5.

       the Ozarks Shootout.

   40. 2 days--1st weekend of City of Keithsburg/ Keithsburg, IL....... Upper Mississippi River

       September. Keithsburg Fireworks mile marker 427.5 to

       Display. 427.3.

   41. 1 day--4th of July weekend.... City of East Moline/City East Moline, IA...... Upper Mississippi River

       of East Moline Fireworks. mile marker 490.2 to

       489.8.

   42. 2nd Weekend in August......... Lansing Lion's Club/ Lansing, IA.......... Upper Mississippi River

       Lansing Fish Days mile marker 662.8-663.9.

       Fireworks.

   43. 3rd Weekend in August......... River Action/Floatzilla... Rock Island, Illinois Upper Mississippi River

       mile marker 479.0-486.0.

   44. 1 day--Weekend before Main Street Parkway Parkville, MO........ Missouri River mile

       Thanksgiving. Association/Parkville marker 377.5 to 378.0.

       Christmas on the River.

   45. 2 days--A weekend in September St. Louis Drag Boat New Athens, IL....... Kaskaskia River mile

       Association/New Athens marker 119.7 to 120.3.

       Drag Boat Race.

   46. 1 day--4th of July weekend.... City of Marquette/ Marquette, IA........ Upper Mississippi River

       Marquette Independence mile marker 634.2 to

       Day Celebration. 635.7.

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       Dated: May 26, 2016.

       M.L. Malloy,

       Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.

       FR Doc. 2016-13239 Filed 6-3-16; 8:45 am

       BILLING CODE 9110-04-P