[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.

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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 
Christian.J.Barger@uscg.mil.

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).
----------------------------------------------------------------------------------------------------------------


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    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


