[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Rules and Regulations]
[Pages 28997-28999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13428]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0514]
RIN 1625-AA00
Safety Zone; Verdigris River, Catoosa, OK
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Verdigris River. This action is necessary to
provide for the safety of life on these navigable waters near Rogers
Point Park, Catoosa, OK, during a fireworks display on July 1, 2017.
The safety zone will cover all navigable waters between mile marker
444.0 and mile marker 444.5 in the Verdigris River This rulemaking will
prohibit persons and vessels from entering the safety zone unless
authorized by the Captain of the Port Memphis (COTP) or a designated
representative.
DATES: This rule is effective from 9:30 p.m. until 10 p.m. on July 1,
2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0514 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 about this
rulemaking, call or email Petty Officer Todd Manow, Waterways
Management, Sector Lower Mississippi River, U.S. Coast Guard; telephone
901-521-4813, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Memphis
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On March 20, 2017, the City of Catoosa notified the Coast Guard
that it will be conducting a fireworks display from 9:30 p.m. until 10
p.m. on July 1, 2017, as part of the shore side event, ``Libertyfest.''
The fireworks are to be
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launched from the left descending bank of the Verdigris River at mile
marker 444.2, 500 yards downriver of the State Route 66 bridge in
Catoosa, OK, located at the approximate geographic coordinates of
36[deg]12.8' N., 095[deg]43.0' W. Hazards from firework displays
include accidental discharge of fireworks, dangerous projectiles, and
falling hot embers or other debris. The Captain of the Port Memphis
(COTP) has determined that potential hazards associated with the
fireworks present a safety concern for anyone within the area on the
Verdigris River between mile marker 444.0 and mile marker 444.5.
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. Although the event sponsor originally
submitted notice to the Coast Guard on March 20, 2017, final details of
the event and safety zone requirements were not finalized until June 2,
2017. It is impracticable to publish an NPRM because we must establish
this safety zone by July 1, 2017, and lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule.
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 impracticable and contrary to the public interest
because immediate action is needed to protect the persons and property
from the dangers associated with the fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 33
U.S.C. 1231. The COTP has determined that potential hazards associated
with this fireworks event would be a safety concern for anyone on the
Verdigris River between mile marker 444.0 and mile marker 444.5.
Hazards from fireworks displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. This rule is needed to ensure the safety of life and vessels on
the navigable waters before, during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:30 p.m. to 10 p.m. on
July 1, 2017. The safety zone will cover all navigable waters of the
Verdigris River from mile marker 444.0 to mile marker 444.5 in the
vicinity of Rogers Point Park in Catoosa, OK. The safety zone is
intended to ensure the safety of waterway users on these navigable
waters before, during, and after the scheduled fireworks display. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. The
regulatory text appears at the end of this document.
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 (E.O.) 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. E.O. 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 E.O. 12866. Accordingly, it
has not been reviewed by the Office of Management and Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be prohibited from entering this safety zone, which will impact a
small designated area of the Lower Mississippi River for 30 minutes
during the evening of Saturday, July 1, 2017. This safety zone may end
early if conditions allow, as determined by the COTP or a designated
representative. Moreover, the Coast Guard will issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the zone, and the rule
will allow vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
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 E.O. 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
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preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves a safety zone that
will prohibit entry into the zone unless authorized by the COTP or a
designated representative lasting 30 minutes on one half mile of the
Verdigris River located just downriver of the State Route 66 Bridge in
Catoosa, OK. It is categorically excluded from further review under
paragraph L60 of Appendix A of the Commandant Instruction. A Record of
Environmental Consideration (REC) supporting this determination is
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 proposed rule.
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 temporary Sec. 165.T08-0514 to read as follows:
Sec. 165.T08-0514 Safety Zone; Verdigris River, Catoosa, OK.
(a) Location. The following area is a safety zone: All navigable
waters of the Verdigris River from mile marker 444.0 to mile marker
444.5 in the vicinity of the left descending bank of the Verdigris
River at mile marker 444.2, approximately 500 yards downriver of the
State Route 66 bridge in Catoosa, OK at approximate position
36[deg]12.8' N., 095[deg]43.0' W.
(b) Effective date. The safety zone will be in effect from 9:30
p.m. until 10 p.m. on July 1, 2017.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Memphis (COTP) or a
designated representative.
(2) Any vessel desiring to enter this safety zone must first obtain
permission from the COPT or a designated representative, who may be
contacted on VHF-FM Channel 16 or by telephone at 866-777-2784.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement periods for the safety zone.
Dated: June 13, 2017.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Memphis, Tennessee.
[FR Doc. 2017-13428 Filed 6-26-17; 8:45 am]
BILLING CODE 9110-04-P