[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Rules and Regulations]
[Pages 35994-35996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15851]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0581]
RIN 1625-AA00


Safety Zone; City of St. Charles Riverfest, Missouri River, St. 
Charles

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Missouri River between Mile Marker (MM) 
28.2 and MM 28.8. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by a 
fireworks display. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Upper Mississippi River or a designated representative

DATES: This rule is effective from 8:30 p.m. through 10:30 p.m. on 
August 31, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0581 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 on this rule, 
call or email Lieutenant Commander Christian Barger, Sector Upper 
Mississippi River Waterways Management Division, U.S.

[[Page 35995]]

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

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by August 31, 2019 and lack sufficient time to request comments 
and respond before the zone must be established.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to respond to the potential safety hazards associated 
with the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Upper 
Mississippi River (COTP) has determined that potential hazards 
associated with a fireworks display on August 31, 2019 will be a safety 
concern for anyone on the Missouri River between Mile Marker (MM) 28.2 
and MM 28.8. This rule resulted from a sudden change in the date for 
the fireworks display from the date of the 4th of July weekend, 
published in 33 CFR 165.801, Table 2, line 17, for City of St. Charles/
St. Charles Riverfest. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone before, during, and after the fireworks display, which has 
been rescheduled from the date listed in the table to August 31, 2019.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:30 p.m. through 10:30 
p.m. on August 31, 2019. The safety zone will cover all navigable 
waters of the Missouri River between MM 28.2 and 28.8. The duration of 
the zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters before, during, and after an 
annual fireworks display. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. The COTP or a designated representative will 
inform the public of the enforcement date and times for this safety 
zone, as well as any emergent safety concerns that may delay the 
enforcement of the zone through Broadcast Notice to Mariners (BNM), 
Local Notices to Mariners (LNMs), and/or actual notice.

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 size, duration 
and location of the temporary safety zone. This action involves an 
annually recurring fireworks display that is only changing the date due 
to recent flooding in the area and only impacts a half-mile stretch of 
the Missouri River for a short amount of time. All other details of 
this event remain as published in 33 CFR 165.801 Table 2, line 17, City 
of St. Charles/St. Charles Riverfest.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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

[[Page 35996]]

power and responsibilities among the various levels of government. We 
have analyzed this rule under that Order and have determined that it is 
consistent with the fundamental federalism principles and 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 contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 a safety zone lasting two hours that 
will prohibit entry on the Missouri River between MM 28.2 and MM 28.8. 
It is categorically excluded from further review under paragraph L60(d) 
in Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures 5090.1. 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 contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T08-0581 to read as follows:


Sec.  165.T08-0581  Safety Zone; Missouri River, Miles 28.2 to 28.8, 
St. Charles, MO.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Missouri River between Mile Marker (MM) 28.2 and MM 28.8.
    (b) Period of enforcement. This section will be enforced from 8:30 
p.m. through 10:30 p.m. on August 31, 2019.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, persons and vessels are prohibited from 
entering the safety zone unless authorized by the Captain of the Port 
Sector Upper Mississippi River (COTP) or a designated representative. A 
designated representative is a commissioned, warrant, or petty officer 
of the U.S. Coast Guard assigned to units under the operational control 
of USCG Sector Upper Mississippi River.
    (2) Persons or vessels desiring to enter into or pass through the 
zone must request permission from the COTP or a designated 
representative. They may be contacted by telephone at 314-269-2332.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP or designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement date and times 
for this safety zone, as well as any emergent safety concerns that may 
delay the enforcement of the zone through Broadcast Notice to Mariners 
(BNM), Local Notices to Mariners (LNMs), and/or actual notice.

S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2019-15851 Filed 7-25-19; 8:45 am]
 BILLING CODE 9110-04-P


