Proposed Rule2025-08194
Security Zone; Upper Mississippi River, Saint Louis, MO
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 9, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes establishing a permanent security zone for certain waters of the Upper Mississippi River adjacent to the Jefferson Barracks military installation, Saint Louis, MO. This proposed rulemaking would prohibit persons and vessels from operating or anchoring within the Security zone unless authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative. This action is necessary to ensure no unauthorized entry into the waters adjacent to the military installation to safeguard the installation from sabotage or other subversive acts. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 90 Issue 89 (Friday, May 9, 2025)</title>
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[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Proposed Rules]
[Pages 19665-19667]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08194]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0210]
RIN 1625-AA87
Security Zone; Upper Mississippi River, Saint Louis, MO
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing a permanent security
zone for certain waters of the Upper Mississippi River adjacent to the
Jefferson Barracks military installation, Saint Louis, MO. This
proposed rulemaking would prohibit persons and vessels from operating
or anchoring within the Security zone unless authorized by the Captain
of the Port Sector Upper Mississippi River or a designated
representative. This action is necessary to ensure no unauthorized
entry into the waters adjacent to the military installation to
safeguard the installation from sabotage or other
[[Page 19666]]
subversive acts. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 9, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0210 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary, will
be available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Jekeydon Pratcher, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone 314-269-2564, email <a href="/cdn-cgi/l/email-protection#8dc7e8e6e8f4e9e2e3a3cca3ddffecf9eee5e8ffcdf8feeeeaa3e0e4e1"><span class="__cf_email__" data-cfemail="460c232d233f22292868076816342732252e23340633352521682b2f2a">[email protected]</span></a>.
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
COTP Captain of the Port
II. Background, Purpose, and Legal Basis
In accordance with 33 CFR 165.5, the Missouri Air National Guard
notified the Coast Guard of waterside security concerns at the
Jefferson Barracks military installation and requested that the Coast
Guard establish a security zone for this area. Accordingly, the Captain
of the Port Sector Upper Mississippi River (COTP) has determined that
security risks exist in this area and have potential navigable waterway
impact, and therefore a security zone would be needed to safeguard the
military installation from destruction, loss, or injury from sabotage
or other subversive acts, accidents, or other causes of a similar
nature.
The purpose of this rulemaking is to address and mitigate security
risks on the navigable waters adjacent to the Jefferson Barracks
National Cemetery. The Coast Guard may issue security zone regulations
under authority in 46 U.S.C. 70051 and 70124.
III. Discussion of Proposed Rule
The COTP is proposing to establish a permanent security zone that
would cover all navigable waters within 300 feet of the right
descending bank of the Upper Mississippi River from mile marker 169.3
to 169.5. No vessel or person would be permitted to enter the security
zone without obtaining permission from the COTP or a designated
representative. The proposed regulatory text appears at the end of this
document.
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.
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 NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size and
location of the security zone. The security zone impacts approximately
350 yards along the Upper Mississippi River and extends only 300 feet
into the river from the right descending bank. Vessels would be able to
safely transit up and down the Mississippi River without entering this
zone, but the rule would allow vessels to enter with the permission of
the COTP. The Coast Guard will issue Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs), or Marine Safety Information
Bulletins (MSIBs), via VHF-FM marine channel 13 or 16, to notify the
public about 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
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
security zone 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 proposed 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 proposed 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. 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 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 call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
[[Page 19667]]
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 potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 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 a
permanent security zone that would prohibit entry within approximately
300 feet of the right descending bank of the Upper Mississippi River
from mile marker 169.3 to 169.5. Normally such actions are
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2025-0210 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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. 165.826 to read as follows:
Sec. 165.826 Security Zone; Upper Mississippi River, Mile Marker
169.3-169.5, Near Saint Louis, MO.
(a) Location. The following area is a security zone: all waters of
the Upper Mississippi River, from surface to bottom, encompassed by a
line connecting the following points beginning at 38[deg]30.000' N, -
90[deg]16.550' W; thence to 38[deg]30.000' N, -90[deg]16.483' W; thence
to 38[deg]29.833' N, 90[deg]16.583' W; thence to 38[deg]29.833' N,
90[deg]16.517' W and along the shore line back to the beginning point.
These coordinates are based on the 1984 World Geodetic System (WGS 84).
(b) Definitions. (1) As used in this section, designated
representative means any Coast Guard Commissioned Officer, Warrant
Officer, or Petty Officer authorized by the Captain of the Port Sector
Upper Mississippi River to act on his or her behalf.
(2) As used in this section, Captain of the Port means the Sector
Commander of Coast Guard Sector Upper Mississippi River, or any Coast
Guard commissioned, warrant, or petty officer who has been authorized
by the Captain of the Port to act as a designated representative on his
or her behalf.
(c) Regulations. While this security zone is being enforced, the
following regulations, along with those contained in 33 CFR 165.33,
apply:
(1) Under the general security zone regulations in subpart D of
this part, you may not enter the security zone described in paragraph
(a) of this section unless authorized by the COTP or the COTP's
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on Channel 16 or by phone at 314-269-2332. Those in the
security zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
Dated: May 1, 2025.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2025-08194 Filed 5-8-25; 8:45 am]
BILLING CODE 9110-04-P
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