Special Local Regulations; Sector Upper Mississippi River Annual and Recurring Marine Events Update

Published date03 July 2019
Record Number2019-14175
SectionProposed rules
CourtCoast Guard
Federal Register, Volume 84 Issue 128 (Wednesday, July 3, 2019)
[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
                [Proposed Rules]
                [Pages 31810-31813]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-14175]
                [[Page 31810]]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 100
                [Docket Number USCG-2018-1008]
                RIN 1625-AA08
                Special Local Regulations; Sector Upper Mississippi River Annual
                and Recurring Marine Events Update
                AGENCY: Coast Guard, DHS.
                ACTION: Notice of proposed rulemaking.
                -----------------------------------------------------------------------
                SUMMARY: The Coast Guard is proposing to amend and update its table of
                annual and recurring marine events that take place within the Sector
                Upper Mississippi River Captain of the Port Zone as well as to make a
                technical correction to the text of Sec. 801 contained in Title 33
                Code of Federal Regulations (CFR) part 100, hereafter referred to as 33
                CFR 100.801. We invite your comments on this proposed rulemaking.
                DATES: Comments and related material must be received by the Coast
                Guard on or before August 2, 2019.
                ADDRESSES: You may submit comments identified by docket number USCG-
                2018-1008 using the Federal eRulemaking Portal at https://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 about this
                proposed rulemaking, 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, Purpose, and Legal Basis
                 The Captain of the Port Sector Upper Mississippi River (COTP)
                proposes to amend regulations contained in Sec. 100.801 of the Title
                33 of the Code of Federal Regulations (CFR) (33 CFR 100.801) to
                accurately reflect annual and recurring marine events taking place in
                the Eighth Coast Guard District. Currently, the text of 33 CFR 100.801
                only refers to Table 1, however, the section contains Tables 1 through
                7. Additionally, the COTP proposes to amend and update 33 CFR 100.801
                Table 2 titled Sector Upper Mississippi River Annual and Recurring
                Marine Events to accurately reflect marine events occurring on a
                regular basis in the Sector Upper Mississippi River. We propose to
                remove events that no longer occur or do not meet the criteria of a
                marine event, and to add new events that do meet the criteria of a
                marine event. In addition, the COTP proposes to amend Table 2 by
                updating the details of one marine event, and by rearranging the Table
                to display events first by the body of water on which they take place
                (alphabetically), second by the date(s) on which those events occur,
                and third by mile marker (descending).
                 This proposed rule will ensure that the public is accurately
                informed of annual and recurring events taking place within the Sector
                Upper Mississippi River Captain of the Port Zone, that the table of
                annual and recurring events is easy to read, and will considerably
                reduce administrative burden to both the Coast Guard and recurring
                marine event sponsors. The Coast Guard is proposing this rulemaking
                under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
                 The Coast Guard encourages the public to participate in this
                proposed rulemaking through the comment process so that any necessary
                changes that are not already contained in this proposed rule can be
                identified and implemented in a timely and efficient manner.
                III. Discussion of Proposed Rule
                 33 CFR 100.801 contains regulations related to marine parades and
                regattas. From time to time, this section requires amendment to
                properly reflect marine events recurring within the Eighth Coast Guard
                District. This rulemaking proposes amending 33 CFR 100.801 to replace
                six references to ``Table 1'' with the words ``Tables 1 through 7.''
                 Additionally, this rulemaking proposes the removal of nine marine
                events that either no longer take place or do not meet the criteria of
                a marine event, the addition five marine events, updating details for
                one marine event, and reorganizing marine events first by the body of
                water on which they take place (alphabetically), second by the date(s)
                on which those events occur, and third by mile marker (descending), as
                follows:
                 This rulemaking proposes removing these nine marine events from
                Table 2 of 33 CFR 100.801:
                ----------------------------------------------------------------------------------------------------------------
                 Upper Mississippi
                 Date Event/sponsor River location Regulated area
                ----------------------------------------------------------------------------------------------------------------
                1. 1 day--Third Saturday in May... Clear Lake Chapter of the Quad Cities, IL...... Upper Mississippi River
                 ACBS/That was then, This mile marker 454.0 to
                 is Now Boat Show & 456.0 (Iowa).
                 Exhibition.
                2. 1 day--Third Saturday in March. Lake West Chamber of Lake of the Ozarks, Lake of the Ozarks mile
                 Commerce/St. Patrick's MO. marker 5.0 to 10.0
                 Water Parade. (Missouri).
                4. 2 days--Third weekend in July.. Champboat Series LLC/ Minneapolis, MN...... Upper Mississippi River
                 Aquatennial Power Boat mile marker 854.8 to
                 Grand Prix. 855.8 (Minnesota).
                5. 2 days--Third weekend in June.. Lake City Chamber of Lake City, MN........ Upper Mississippi River
                 Commerce/Water Ski Days. mile marker 772.4 to
                 772.8 (Minnesota).
                6. 2 days--First week of August... River City Days Red Wing, MN......... Upper Mississippi River
                 Association/River City mile marker 791.4 to
                 Days. 791.8 (Minnesota).
                7. 2 days--Second weekend of St. Louis Drag Boat New Athens, IL....... Kaskaskia River mile
                 September. Association/New Athens marker 28.0 to 29.0
                 Drag Boat Race. (Illinois).
                8. 2 days--Third weekend in July.. Havana Chamber of Commerce/ Havana, IL........... Illinois River mile
                 Havana Boat Races. marker 120.3 to 119.7
                 (Illinois).
                9. 3 days--Third weekend in August K.C. Aviation Expo & Air Kansas City, MO...... Missouri River mile
                 Show/K.C. Aviation Expo & marker 366.3 to 369.8
                 Air Show. (Missouri).
                10. 3 days a week from May 4th- Twin City River Rats Twin Cities, MN...... Upper Mississippi River
                 September 30th. Organization/Twin City mile marker 855.4 to
                 River Rats. 855.8 (Minnesota).
                ----------------------------------------------------------------------------------------------------------------
                [[Page 31811]]
                 This rulemaking proposes adding the following five marine events,
                with the proposed reorganizational formatting of the table, into 33 CFR
                100.801 Table 2:
                ----------------------------------------------------------------------------------------------------------------
                 Date Event City, State Regulated area
                ----------------------------------------------------------------------------------------------------------------
                 Lake of the Ozarks
                ----------------------------------------------------------------------------------------------------------------
                1. 2 days--The weekend before Labor Lake of the Ozarks Sunrise Beach, MO.......... Mile marker 34.5-32.5.
                 Day weekend. Shootout.
                3. 1 day--First Saturday of June... Lake Race............. Lake Ozark, MO............. Mile marker 4.0-0.0.
                ----------------------------------------------------------------------------------------------------------------
                 Upper Mississippi River
                ----------------------------------------------------------------------------------------------------------------
                4. 4 days--Either the first or Riverfest............. La Crosse, WI.............. Mile marker 698.5-
                 second week of July. 697.5.
                5. 2 days--Second weekend of August Great River Tug....... LeClaire, IA/Port Byron, IL Mile marker 497.6-
                 497.2.
                6. 1 day--Third weekend of August.. Floatzilla............ Bettendorf, IA/Davenport, Mile marker 491.0-
                 IA/East Moline, IL/Rock 479.0.
                 Island, IL.
                ----------------------------------------------------------------------------------------------------------------
                 This rulemaking proposes updating the details of a marine event in
                Table 2 of 33 CFR 100.801 and reorganize the table as follows:
                ----------------------------------------------------------------------------------------------------------------
                
                ----------------------------------------------------------------------------------------------------------------
                2. 1 day--Third Saturday of July... Aquapalooza........... Osage Beach, MO............ Mile marker 19.3-18.7.
                ----------------------------------------------------------------------------------------------------------------
                 The effect of this proposed rule, if adopted, would be to restrict
                general navigation in the regulated areas during the listed events in
                accordance with the current Special Local Regulations in 33 CFR
                100.801. The proposed regulations are necessary to provide for the
                safety of life on navigable waters during these events
                IV. 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.
                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 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 limited scope
                and duration of the Special Local Regulations that will be in place
                during the listed Marine Events. Additionally, this proposed rule seeks
                only to modify the existing table of marine events by removing nine
                events that no longer take place, add five events that have been
                occurring on a regular basis and have been previously subject to the
                rulemaking process in the past, updates the details of one marine
                event, and modifies the marine event table for easier reading.
                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
                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
                special local regulations zones 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.
                C. 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).
                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 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
                [[Page 31812]]
                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.
                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 proposed rule would not
                result in such an 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 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 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 the amendment of existing
                marine event table found in 33 CFR 100.801 to accurately reflect
                recurring marine events taking place within the Eighth Coast Guard
                District. Normally such actions are categorically excluded from further
                review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
                Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental
                Consideration will be made available 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.
                V. 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 https://www.regulations.gov and will include any
                personal information you have provided. For more about privacy and the
                docket, visit https://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 https://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 100
                 Marine safety, Navigation (water), Reporting and recordkeeping
                requirements, Security measures, Waterways.
                 For the reasons discussed in the preamble, the Coast Guard proposes
                to amend 33 CFR part 100 as follows:
                PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
                0
                1. The authority citation for part 100 continues to read as follows:
                 Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
                0
                2. Amend Sec. 100.801 by revising the introductory text, paragraphs
                (f), (i), and (j) and Table 2 to Sec. 100.801 to read as follows:
                Sec. 100.801 Annual Events in the Eighth Coast Guard District.
                 The regulations in this section apply to the marine events listed
                in Tables 1 through 7 of this section. The regulations in this section
                will be effective annually, for the duration of each event listed in
                Tables 1 through 7 to this section. Annual notice of the exact dates
                and times of the effective period of the regulation with respect to
                each event, the geographical area, and details concerning the nature of
                the event and the number of participants and type(s) of vessels
                involved will also be published in local notices to mariners. Sponsors
                of events listed in Tables 1 through 7 of this section must submit an
                application each year in accordance with 33 CFR 100.15.
                * * * * *
                 (f) Any spectator vessel may anchor outside the regulated area
                specified in Tables 1 through 7 of this section, but may not anchor in,
                block, or loiter in a navigable channel.
                * * * * *
                 (i) In Tables 1 through 7 to this section, where a regulated area
                is described by reference to miles of a river, channel or lake, the
                regulated area includes all waters between the indicated miles as
                defined by lines drawn perpendicular to shore passing through the
                indicated points.
                 (j) In Tables 1 through 7 to this section, where alternative dates
                are described (``third or fourth Saturday''), the exact date and times
                will be advertised by the Coast Guard through Local Notices to Mariners
                and Broadcast Notices to Mariners.
                * * * * *
                 Table 2 to Sec. 100.801--Sector Upper Mississippi River Annual and Recurring Marine Events
                ----------------------------------------------------------------------------------------------------------------
                 Date Event City, state Regulated area
                ----------------------------------------------------------------------------------------------------------------
                 Lake of the Ozarks
                ----------------------------------------------------------------------------------------------------------------
                1. 2 days--The weekend before Labor Lake of the Ozarks Sunrise Beach, MO.......... Mile marker 34.5-32.5.
                 Day weekend. Shootout.
                2. 1 day--Third Saturday of July... Aquapalooza........... Osage Beach, MO............ Mile marker 19.3-18.7.
                [[Page 31813]]
                
                3. 1 day--First Saturday of June... Lake Race............. Lake Ozark, MO............. Mile marker 4.0-0.0.
                ----------------------------------------------------------------------------------------------------------------
                 Upper Mississippi River
                ----------------------------------------------------------------------------------------------------------------
                4. 4 days--Either the first or Riverfest............. La Crosse, WI.............. Mile marker 698.5-
                 second week of July. 697.5.
                5. 2 days--Second weekend of August Great River Tug....... LeClaire, IA/Port Byron, IL Mile marker 497.6-
                 497.2.
                6. 1 day--Third weekend of August.. Floatzilla............ Bettendorf, IA/Davenport, Mile marker 491.0-
                 IA/East Moline, IL/Rock 479.0.
                 Island, IL.
                ----------------------------------------------------------------------------------------------------------------
                * * * * *
                 Dated: April 16, 2019.
                P.F. Thomas,
                Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
                [FR Doc. 2019-14175 Filed 7-2-19; 8:45 am]
                 BILLING CODE 9110-04-P
                

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