[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
[Rules and Regulations]
[Pages 2027-2031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00143]


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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: Final rule.

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SUMMARY: The Coast Guard is amending and updating the listing of annual 
and recurring marine events that take place within the Eighth Coast 
Guard District

[[Page 2028]]

in the Sector Upper Mississippi River area of responsibility, as well 
as making technical corrections.

DATES: This rule is effective February 13, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1008 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 Lieutenant Commander Christian Barger, 
Waterways Management Division, Sector Upper Mississippi River, 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 Information and Regulatory History

    In fall 2018, the Captain of the Port Sector Upper Mississippi 
River (COTP) conducted an annual review of the annual and recurring 
marine events that occur within the Sector Upper Mississippi River 
Captain of the Port Zone, to include Table 2 of 33 CFR 100.801 titled 
Sector Upper Mississippi River Annual and Recurring Marine Events. 
During this process, the Coast Guard identified changes that were 
needed to ensure the public is accurately informed of the events and 
that the table is easy to read. Additionally, during the review the 
Coast Guard found that technical corrections were needed to the text of 
33 CFR 100.801 to ensure inclusivity for all tables of marine events 
within the section. On July 3, 2019, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Special Local Regulations; Sector 
Upper Mississippi River Annual and Recurring Marine Events Update (84 
FR 31810). There we stated why we issued the NPRM, and invited comments 
on our proposed regulatory action related to this annual update. During 
the comment period that ended August 2, 2019, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is amending this rule under the authority in 46 
U.S.C. 70041. The Captain of the Port Sector Upper Mississippi River 
(COTP) determined an amendment to the regulations contained in 33 CFR 
100.801 is necessary to accurately reflect annual and recurring marine 
events taking place in the Eighth Coast Guard District. This rule 
ensures that the public is 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 minimizes the administrative burden to both the Coast Guard 
and recurring marine event sponsors.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
July 3, 2019. Although not identified in the NPRM, we are adding the 
Evansville, IL, Drag Boat Race into this final rule because the sponsor 
said the 2018 and 2019 races were successful and it will be taking 
place again on an annual basis.
    This rule amends the regulations contained in 33 CFR 100.801 to 
accurately reflect annual and recurring marine events taking place in 
the Eighth Coast Guard District. Previously, the text of 33 CFR 100.801 
only referred to Table 1, however, the section contains Tables 1 
through 7. This rule amends 33 CFR 100.801 to replace six references to 
``Table 1'' with the words ``Tables 1 through 7.'' Additionally, it 
updates 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 
Captain of the Port Zone. The rule removes events that no longer occur 
or do not meet the criteria of a marine event, and adds new events that 
do meet the criteria of a marine event. In addition, it amends 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 a mile marker (descending). The changes are as 
follows.
    This rule removes the following nine marine events from Table 2 of 
33 CFR 100.801:

----------------------------------------------------------------------------------------------------------------
                                                                Upper Mississippi River
                 Date                       Event/sponsor               location              Regulated area
----------------------------------------------------------------------------------------------------------------
1. 1 day--Third Saturday in May......  Clear Lake Chapter of    Quad Cities, IL........  Upper Mississippi River
                                        the ACBS/That was                                 mile marker 454.0 to
                                        then, This is Now Boat                            456.0 (Iowa).
                                        Show & Exhibition.
2. 1 day--Third Saturday in March....  Lake West Chamber of     Lake of the Ozarks, MO.  Lake of the Ozarks mile
                                        Commerce/St. Patrick's                            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                                mile marker 772.4 to
                                        Days.                                             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        Havana, IL.............  Illinois River mile
                                        Commerce/Havana Boat                              marker 120.3 to 119.7
                                        Races.                                            (Illinois).
9. 5 days--first two weeks of July...  K.C. Aviation Expo &     Kansas City, MO........  Missouri River mile
                                        Air Show/K.C. Aviation                            marker 366.3 to 369.8
                                        Expo & 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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    Events 1, 4, 5, 6, 7, and 8 above have not had a marine event 
permit application submitted in past consecutive years and the Coast 
Guard believes the events no longer occur. Events 2, 9, and 10, are 
expected to continue, however, in their current format they no longer 
meet the criteria of a marine event and, correspondingly, the Coast 
Guard is changing how the events are regulated.
    This rule adds six marine events to Table 2 of 33 CFR 100.801 and 
reorganizes the table as follows:

----------------------------------------------------------------------------------------------------------------
              Date                      Event              City, State                  Regulated area
----------------------------------------------------------------------------------------------------------------
Kaskaskia River:
    1. 2 days--Second or Third   Evansville, IL      Evansville, IL.........  Mile markers 11.0-10.0.
     Weekend of July.             Drag Boat Races.
Lake of the Ozarks:
    2. 2 days--The weekend       Lake of the Ozarks  Sunrise Beach, MO......  Mile markers 34.5-32.5.
     before Labor Day weekend.    Shootout.
    4. 1 day--First Saturday of  Lake Race.........  Lake Ozark, MO.........  Mile markers 4.0-0.0.
     June.
Upper Mississippi River:
    5. 4 days--Either the first  Riverfest.........  La Crosse, WI..........  Mile markers 698.5-697.5.
     or second week of July.
    6. 2 days--Second weekend    Great River Tug...  LeClaire, IA/Port        Mile markers 497.6-497.2.
     of August.                                       Byron, IL.
    7. 1 day--Third weekend of   Floatzilla........  Bettendorf, IA/          Mile markers 491.0-479.0.
     August.                                          Davenport, IA/East
                                                      Moline, IL/Rock
                                                      Island, IL.
----------------------------------------------------------------------------------------------------------------

    This rule will update the details of a marine event in Table 2 of 
33 CFR 100.801 and reorganize the table as follows:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
    3. 1 day--Third Saturday of  Aquapalooza.......  Osage Beach, MO........  Mile markers 19.3-18.7.
     July.
----------------------------------------------------------------------------------------------------------------

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 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 location, 
size, and duration of the Special Local Regulations that will be in 
place during the listed marine events. These regulated areas are 
limited in size and duration, and positioned away from high vessel 
traffic areas. Additionally, this rule only modifies the existing 
tables of marine events by removing nine events that no longer take 
place or do not meet the criteria of a marine event, adding six events 
that have been occurring on a regular basis, updating the details of 
one marine event, and modifying the marine event tables 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 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 
call or email 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 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

[[Page 2030]]

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 call or email 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 an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
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 the amendment of existing marine event 
tables 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 Record of Environmental Consideration supporting 
this determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
amending 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. These regulations will be 
effective annually, for the duration of each event listed in Tables 1 
through 7. 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 Sec.  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 of Sec.   100.801--Sector Upper Mississippi River Annual And Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
              Date                      Event              City, State                  Regulated area
----------------------------------------------------------------------------------------------------------------
Kaskaskia River:
    1. 2 days--Second or Third   Evansville, IL      Evansville, IL.........  Mile markers 11.0-10.0.
     Weekend of July.             Drag Boat Races.
Lake of the Ozarks:
    2. 2 days--The weekend       Lake of the Ozarks  Sunrise Beach, MO......  Mile markers 34.5-32.5.
     before Labor Day weekend.    Shootout.
    3. 1 day--Third Saturday of  Aquapalooza.......  Osage Beach, MO........  Mile markers 19.3-18.7.
     July.
    4. 1 day--First Saturday of  Lake Race.........  Lake Ozark, MO.........  Mile markers 4.0-0.0.
     June.
Upper Mississippi River:
    5. 4 days--Either the first  Riverfest.........  La Crosse, WI..........  Mile markers 698.5-697.5.
     or second week of July.
    6. 2 days--Second weekend    Great River Tug...  LeClaire, IA/Port        Mile markers 497.6-497.2.
     of August.                                       Byron, IL.
    7. 1 day--Third weekend of   Floatzilla........  Bettendorf, IA/          Mile markers 491.0-479.0.
     August.                                          Davenport, IA/East
                                                      Moline, IL/Rock
                                                      Island, IL.
----------------------------------------------------------------------------------------------------------------


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* * * * *

    Dated: January 3, 2020.
J.P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-00143 Filed 1-13-20; 8:45 am]
 BILLING CODE 9110-04-P


