Rule2024-17368
Safety Zone; Upper Mississippi River, Mile Marker 497.6-497.2 LeClaire, IA and Port Byron, IL
Primary source
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Published
August 8, 2024
Effective
August 9, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone on the waters of the Upper Mississippi River from mile marker 497.6 to 497.2. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the Great River Tug Fest and Firework display. Entry of vessels or persons into the zone is prohibited unless specifically authorized by the Captain of the Port, Sector Upper Mississippi River, or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 153 (Thursday, August 8, 2024)</title>
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[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Rules and Regulations]
[Pages 64805-64807]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17368]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0695]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Mile Marker 497.6--497.2
LeClaire, IA and Port Byron, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Upper Mississippi River from mile marker 497.6 to 497.2.
The safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the Great River Tug Fest
and Firework display. Entry of vessels or persons into the 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. August 9, 2024 through 11
p.m. August 10, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0695 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Lars Okmark, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone 314-269-2560, email <a href="/cdn-cgi/l/email-protection#efa38e9d9cc1a084828e9d84af9a9c8c88c1828683"><span class="__cf_email__" data-cfemail="9ad6fbe8e9b4d5f1f7fbe8f1daefe9f9fdb4f7f3f6">[email protected]</span></a>.
[[Page 64806]]
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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 under authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule, as doing so would be
impracticable. This is because we must establish this safety zone by
August 9, 2024 to protect the personnel, vessels, and the marine
environment from the potential dangers associated with fireworks and
the festival events including a tug of war across the river. We
therefore lack sufficient time to provide a reasonable comment period
and then consider those comments before issuing the rule.
Also, 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 rapid action
is needed to respond to the potential hazards created by heavy
recreational and commercial marine traffic, a fireworks display, and
the ``tug of war'' and other events associated with the Great River Tug
Fest and Firework display starting August 9, 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Upper Mississippi River (COTP)
has determined a safety zone is necessary to protect personnel,
vessels, and the marine environment in the navigable waters from
potential hazards created by the Great River Tug Fest and Firework
display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on the waters of the
Upper Mississippi River from mile markers 497.6 to 497.2 in LeClaire,
IA and Port Byron, IL, from 8:30 p.m. August 9, 2024 to 11 p.m. on
August 10, 2024. The safety zone is subject to enforcement during the
following times: 8:30 p.m. to 11 p.m. on August 9, 2024; 10:30 a.m. to
4 p.m. on August 10, 2024; and 8:30 p.m. to 11 p.m. on August 10, 2024.
Fireworks are scheduled for the evening of August 9, 2024, with a rain
date scheduled for the evening of August 10, 2024. Other Tug Fest
activities requiring a safety zone are occurring late morning through
late afternoon of August 10, 2024. The duration of this safety zone is
intended to protect personnel, vessels, and the marine environment from
potential hazards created by the Great River Tug Fest and Firework
display. This rule resulted from concerns about the high number of
recreational vessels attending the festival and fireworks display that
will create unsafe conditions when combined with passing barge traffic
on the Upper Mississippi River from MM 497.6 to 497.2. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. As used in
this section, 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 or a
Federal, State, or local officer designated by or assisting the COTP.
The COTP or a designated representative will inform the public of the
enforcement date and times for these safety zones, as well as any
emergent safety concerns that may delay the enforcement of the zone.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on size, location,
and duration of the temporary safety zone. This action involves a
safety zone to protect personnel, vessels, and the marine environment
from potential hazards created by the Great River Tug Fest and Firework
display. This rule resulted from concerns about a high number of
recreational vessels attending the fest and firework display that will
create unsafe conditions when combined with passing barge traffic on
the Upper Mississippi River from MM 497.6 to 497.2. In addition, the
rule will only close the river for short periods of time for two days.
Moreover, the Coast Guard will publish a Local Notice to Mariners and
mariners may seek permission to enter the zone.
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
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
[[Page 64807]]
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
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.
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, Rev. 1, associated implementing instructions, 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 on the Upper Mississippi River from MM 497.6 to 497.2 for
short periods of time over two days. It is categorically excluded from
further review under paragraph L60(a) of appendix A, table 1 of DHS
Instruction Manual 023-01-001-01, Rev. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
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 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0695 to read as follows:
Sec. 165.T08-0695 Safety Zone; Upper Mississippi River, Mile Markers
497.6 to 497.2 LeClaire, IA and Port Byron, IL.
(a) Location. The following area is a safety zone: all navigable
waters within the Upper Mississippi River from Mile Marker 497.6 to
497.2.
(b) Enforcement period. This section will be subject to enforcement
from 8:30 p.m. to 11 p.m. on August 9, 2024, from 10:30 a.m. to 4 p.m.
on August 10, 2024, and from 8:30 p.m. to 11 p.m. on August 10, 2024.
(c) Regulations. (1) In accordance with the general safety zone
regulations in Sec. 165.23, entry of persons or vessels into this
safety zone described in paragraph (a) of this section is prohibited
unless authorized by the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned to units under the operational
control of USCG Sector Upper Mississippi River.
(2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or through USCG Sector Upper
Mississippi River at 314-269-2332. Persons and vessels permitted to
enter the safety zone must comply with all lawful orders or directions
issued by the COTP or designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement, as well as reductions in size or scope of the safety zone,
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners
(BNMs), and/or Safety Marine Information Broadcast (SMIB) as
appropriate.
Dated: July 31, 2024.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port, Sector Upper
Mississippi River.
[FR Doc. 2024-17368 Filed 8-7-24; 8:45 am]
BILLING CODE 9110-04-P
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