Safety Zones; Coast Guard Sector Upper Mississippi River Annual and Recurring Safety Zones Update
Federal Register, Volume 83 Issue 74 (Tuesday, April 17, 2018)
Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)
Proposed Rules
Pages 16811-16815
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2018-08013
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
Docket Number USCG-2018-0038
RIN 1625-AA00
Safety Zones; Coast Guard Sector Upper Mississippi River Annual and Recurring Safety Zones Update
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend its safety zone regulations for annual events in Coast Guard Sector Upper Mississippi River. This proposed rule would add one new recurring safety zone, remove four safety zones, and amend the sponsor/name, date, and/or safety zones for three recurring safety zones already listed in the current table. This action is necessary to protect spectators, participants, and vessels from the hazards associated with annual marine events. This proposed rulemaking would restrict vessel traffic from the safety zones during the events unless authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast Guard on or before May 17, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0038 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Lieutenant Commander Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone (314) 269-2568, email email protected,mil.
SUPPLEMENTARY INFORMATION:
-
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
-
Background, Purpose, and Legal Basis
The Captain of the Port Sector Upper Mississippi River (COTP) proposes to amend 33 CFR 165.801 to update the table of annual fireworks displays and other marine-related events in Coast Guard Sector Upper Mississippi River. The current list of annual and recurring safety zones in Sector Upper Mississippi River is published in Table 2 of 33 CFR 165.801. That most recent table was created through the final rule published on June 21, 2017 (82 FR 28235). The current table in 33 CFR 165.801 needs to be amended to include new safety zones expected to recur annually or biannually, remove safety zones no longer recurring, and provide new information on existing safety zones.
The proposed annually recurring safety zones are necessary to provide for the safety of life on navigable waters during the events. Based on the nature of these marine events, large numbers of participants and spectators, and event locations, the COTP has determined that the events listed in this proposed rule could pose a risk to participants or waterways users if the normal vessel traffic were to interfere with the events. Possible hazards include risks of injury or death from near or actual contact among participant vessels and spectators or mariners traversing through the safety zone. In order to protect the safety of all waterway users, including event participants and spectators, this proposed rule would establish safety zones for the time and location of each marine event.
This purpose of this proposed rulemaking is to ensure the safety of vessels on the navigable waters in the safety zones during the scheduled events. Vessels would not be permitted to enter the safety zone unless authorized by the COTP or a designated representative. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.
-
Discussion of Proposed Rule
The COTP proposes to amend its safety zone regulations for annual events in Coast Guard Sector Upper Mississippi River listed in Table 2 of 33 CFR 165.801. This section requires amendment from time to time to properly reflect the recurring safety zone regulations in Sector Upper Mississippi River. This rule would add one new recurring safety zone, remove four no longer recurring safety zones, and amend the sponsor/
name, date, and/or safety zones for three recurring safety zones already listed in the current table. Other than this one new safety
Page 16812
zone, four removed safety zones, and 3 changes to the sponsor/name, date, and/or safety zones of certain events, the regulations of 33 CFR 165.801 and the other provisions in Table 2 of Sec. 165.801 would remain unchanged.
The Coast Guard proposes to revise regulations at 33 CFR 165.801 Table 2 by adding one new safety zone. The safety zone being added to Table 2 is below:
----------------------------------------------------------------------------------------------------------------
Sector Upper
Date Sponsor/name Mississippi River Safety zone
location
----------------------------------------------------------------------------------------------------------------
2 days--3rd Weekend in July.......... Kentucky Drag Boat Evansville, IL......... Kaskaskia River mile
Association/ marker 9 to 11.
Evansville, IL Drag
Boat Races.
----------------------------------------------------------------------------------------------------------------
The Coast Guard also proposes to revise regulations at 33 CFR 165.801 Table 2 by removing the following four existing safety zones that are no longer recurring, with reference by line number to the current Table 2 of 33 CFR 165.801. The four existing safety zones being removed are below:
----------------------------------------------------------------------------------------------------------------
Sector Upper
Line Date Sponsor/name Mississippi River Safety zone
location
----------------------------------------------------------------------------------------------------------------
-
1 day--2nd Weekend of City of Champlin/ Champlin, MN.......... Upper Mississippi
June. Father Hennepin River mile marker
Fireworks Display. 870.5 to 872.0.
-
1 day--3rd Sunday in Burlington Steamboat Burlington, IA........ Upper Mississippi
June. Days/Burlington River mile marker
Steamboat Days. 403.5 to 404.5.
-
1 day--4th of July McGregor/Marquette Marquette, IA......... Upper Mississippi
Weekend. Chamber Commerce/ River mile marker
Independence Day 635.7 to 634.2.
Celebration.
-
2 days--3rd Weekend of Riverside Chamber of Riverside, MO......... Missouri River mile
September. Commerce/Riverfest. marker 371.8 to
372.2.
----------------------------------------------------------------------------------------------------------------
The Coast Guard also proposes to revise regulations at 33 CFR 165.801 Table 2 by amending three existing safety zones listed in the current table. The amendments involve changes to marine event sponsor/
name and/or safety zones, with reference by line number to the current Table 2 of 33 CFR 165.801. The three safety zones being amended are below:
This proposed rule modifies the following three safety zones from the existing Table 2 in Sec. 165.801 as follows:
----------------------------------------------------------------------------------------------------------------
Sector Upper
Line Date Sponsor/name Mississippi Safety zone Revision
River location
----------------------------------------------------------------------------------------------------------------
-
1 day--4th Marketing Minneapolis, MN Upper Sponsor/name.
Weekend in July. Minneapolis LLC/ Mississippi
Aquatennial River mile
Fireworks. marker 853.2
to 854.2.
-
1 day--4th of Grafton Chamber Grafton, IL.... Upper Safety zone.
July Weekend. of Commerce/ Mississippi
Grafton Chamber River mile
4th of July marker 218 to
Fireworks. 219.
-
1 day--4th of City of East East Moline, IL Upper Date and safety zone.
July Week. Moline/City of Mississippi
East Moline River mile
Fireworks. marker 489.9
to 490.2.
----------------------------------------------------------------------------------------------------------------
The amendments to this rule are necessary to ensure the safety of vessels and people during annual events taking place on or near navigable waters in Sector Upper Mississippi River. Although this proposed rule would be in effect year-round, the specific safety zones listed in Table 2 of 33 CFR 165.801 would only be enforced during a specified period of time coinciding with the happening of the annual events listed. In accordance with the regulations listed in 33 CFR 165.801(a)-(d), entry into these safety zones is prohibited unless authorized by the COTP or a designated representative. The regulatory text of the updated Table 2 of Sec. 165.801 we are proposing appears at the end of this document.
-
-
Regulatory Analyses
We developed this proposed 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.
-
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 NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 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 safety zones. These safety zones are limited in size and duration, and are usually positioned away from high vessel traffic zones. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zones, and the rule would allow vessels to seek permission to enter the zones.
Page 16813
-
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 proposed rule would 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 IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.
-
Collection of Information
This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
-
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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.
-
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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
-
Environment
We have analyzed this proposed rule under Department of Homeland Security 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 proposed rule involves establishing safety zones limiting access to certain areas under 33 CFR 165 within the COTP Zone. Normally such actions are 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. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.
-
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.
-
-
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, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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 U.S. Coast Guard proposes to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
-
The authority citation for part 165 continues to read as follows:
Page 16814
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.
Sec. 165.801 Amended
0
-
In Sec. 165.801, revise Table 2 to read as follows:
Table 2 of Sec. 165.801--Sector Upper Mississippi River Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
Sector Upper
Date Sponsor/name Mississippi River Safety zone
location
----------------------------------------------------------------------------------------------------------------
-
1 day--4th Weekend in July........ Marketing Minneapolis Minneapolis, MN........ Upper Mississippi River
LLC/Aquatennial mile marker 853.2 to
Fireworks. 854.2.
-
1 day--4th of July weekend........ Radio Dubuque/Radio Dubuque, IA............ Upper Mississippi River
Dubuque Fireworks and mile marker 581.0 to
Air show. 583.0.
-
1 day--4th of July weekend........ Downtown Main Street/ Red Wing, MN........... Upper Mississippi River
Mississippi mile marker 790.8 to
Alumination. 791.2.
-
1 day--4th of July weekend........ Tan-Tar-A Resort/Tan- Lake of the Ozarks, MO. Lake of the Ozarks mile
Tar-A 4th of July marker 025.8 to 026.2.
Fireworks.
-
1 day--1st weekend of September... Tan-Tar-A Resort/Tan- Lake of the Ozarks, MO. Lake of the Ozarks mile
Tar-A Labor Day marker 025.8 to 026.2.
Fireworks.
-
1 day--Last Sunday in May......... Tan-Tar-A Resort/Tan- Lake of the Ozarks, MO. Lake of the Ozarks mile
Tar-A Memorial Day marker 025.8 to 026.2.
fireworks.
-
1 day--4th of July weekend........ Lake City Chamber of Lake City, MN.......... Upper Mississippi River
Commerce/Lake City 4th mile marker 772.4 to
of July Fireworks. 772.8.
-
1 day--4th of July weekend........ Greater Muscatine Muscatine, IA.......... Upper Mississippi River
Chamber of Commerce/ mile marker 455.0 to
Muscatine 4th of July. 456.0.
-
1 day--Last weekend in June/First Friends of the River Kansas City, KS........ Missouri River mile
weekend in July. Kansas City/KC marker 364.8 to 365.2.
Riverfest.
-
1 day--4th of July weekend....... Louisiana Chamber of Louisiana, MO.......... Upper Mississippi River
Commerce/Louisiana mile marker 282.0 to
July 4th Fireworks. 283.0.
-
1 day--4th of July weekend....... Guttenberg Development Guttenberg, IA......... Upper Mississippi River
and Tourism/Stars and mile marker 615.0 to
Stripes River Day. 615.5.
-
4 days--1st or 2nd week of July.. Riverfest, Inc./La La Crosse, WI.......... Upper Mississippi River
Crosse Riverfest. mile marker 697.5 to
698.5 (Wisconsin).
-
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.
-
1 day--4th of July weekend....... JMP Radio/Red White and Peoria, IL............. Illinois River mile
Boom Peoria. marker 162.5 to 162.1.
-
1 day--Last weekend in June/First Hudson Boosters/Hudson Hudson, WI............. St. Croix River mile
weekend in July. Booster Days. marker 016.8 to 017.2.
-
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.
-
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.
-
1 day--4th of July weekend....... Davenport One Chamber/ Davenport, IA.......... Upper Mississippi River
Red White and Boom. mile marker 482.0 to
482.7.
-
2 days--3rd weekend of July...... Amelia Earhart Festival Kansas City, KS........ Missouri River mile
Committee/Amelia marker 422.0 to 424.5.
Earhart Festival.
-
1 day--4th of July weekend....... Alton Exposition Alton, IL.............. Upper Mississippi River
Commission/Mississippi mile marker 202.5 to
Fireworks Festival. 203.0.
-
1 day--Last Sunday in May........ Lodge of the Four Lake of the Ozarks, MO. Lake of the Ozarks mile
Seasons/Lodge of the marker 013.8 to 014.2.
Four Seasons Memorial
Day Fireworks.
-
1 day--First weekend of September Lodge of the Four Lake of the Ozarks, MO. Lake of the Ozarks mile
Seasons/Labor Day marker 013.8 to 014.2.
Fireworks.
-
1 day--4th of July weekend....... Lodge of the Four Lake of the Ozarks, MO. Lake of the Ozarks mile
Seasons/Lodge of the marker 013.8 to 014.2.
Four Seasons 4th of
July.
-
2 days--3rd weekend in July...... Hasting Riverboat Days/ Hasting, MN............ Upper Mississippi River
Rivertown Days. mile marker 813.7 to
815.2.
-
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.
-
3 days--4th of July weekend...... Fair of St. Louis/Fair St. Louis, MO.......... Upper Mississippi River
St. Louis. mile marker 179.2 to
180.0.
-
1 day--Last weekend in June/First Bellevue Heritage Days/ Bellevue, IA........... Upper Mississippi River
weekend in July. Bellevue Heritage Days. mile marker 556.0 to
556.5.
-
1 day--4th of July weekend....... Main Street Parkway Parkville, MO.......... Missouri River mile
Association/Parkville marker 378.0 to 377.5.
4th of July Fireworks.
-
1 day--4th of July weekend....... Hermann Chamber of Hermann, MO............ Missouri River mile
Commerce/Hermann 4th marker 097.0 to 098.0
of July. (Missouri).
-
1 day--4th of July weekend....... Grafton Chamber of Grafton, IL............ Upper Mississippi River
Commerce/Grafton mile marker 218 to
Chamber 4th of July 219.
Fireworks.
Page 16815
-
1 day--4th of July weekend....... Salute to America Jefferson City, MO..... Missouri River mile
Foundation, Inc./ marker 143.5 to 143.0
Salute to America. (Missouri).
-
2 days--2nd weekend in August.... Tug Committee/Great Port Byron, IL......... Upper Mississippi River
River Tug. mile marker 497.2 to
497.6 (Illinois).
-
1 day--4th of July weekend....... City of Stillwater/St. Stillwater, MN......... St. Croix River mile
Croix Events/ marker 022.9 to 023.5
Stillwater 4th of July. (Minnesota).
-
4 days--3rd week of July......... St. Croix Events/ Stillwater, MN......... St. Croix River mile
Lumberjack Days. marker 022.9 to 023.5
(Minnesota).
-
2 days--Weekend that precedes Lake of the Ozarks Lake of the Ozarks, MO. Lake of the Ozarks mile
Labor Day Weekend. Shootout, Inc./Lake of marker 032.5 to 034.5.
the Ozarks Shootout.
-
2 days--1st weekend of September. City of Keithsburg/ Keithsburg, IL......... Upper Mississippi River
Keithsburg Fireworks mile marker 427.5 to
Display. 427.3.
-
1 day--4th of July Week.......... City of East Moline/ East Moline, IL........ Upper Mississippi River
City of East Moline mile marker 489.9 to
Fireworks. 490.2.
-
2nd Weekend in August............ Lansing Lion's Club/ Lansing, IA............ Upper Mississippi River
Lansing Fish Days mile marker 662.8-
Fireworks. 663.9.
-
3rd Weekend in August............ River Action/Floatzilla Rock Island, Illinois.. Upper Mississippi River
mile marker 479.0-
486.0.
-
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.
-
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.
-
1 day--1st Weekend in June....... St. Louis Brewers Guild St. Louis, MO.......... Upper Mississippi River
Festival Fireworks. mile marker 179.2-180
-
1 day--4th Weekend in May........ Lumiere Place/Memorial St. Louis, MO.......... Upper Mississippi River
Day Fireworks. mile marker 180-180.5
-
1 day--1st Weekend in July....... Lumiere Place/4th of St. Louis, MO.......... Upper Mississippi River
July Fireworks. mile marker 180-180.5
-
1 day--1st Weekend in September.. Lumiere Place/Labor Day St. Louis, MO.......... Upper Mississippi River
Fireworks. mile marker 180-180.5
-
2 days--3rd Weekend in July...... Kentucky Drag Boat Evansville, IL......... Kaskaskia River mile
Association/ marker 9 to 11.
Evansville, IL Drag
Boat Races.
----------------------------------------------------------------------------------------------------------------
Dated: April 11, 2018.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River.
FR Doc. 2018-08013 Filed 4-16-18; 8:45 am
BILLING CODE 9110-04-P
-
