[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 [email protected].
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:
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Upper Mississippi River
Date Event/sponsor location Regulated area
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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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[[Page 2029]]
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:
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Date Event City, State Regulated area
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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.
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This rule will update the details of a marine event in Table 2 of
33 CFR 100.801 and reorganize the table as follows:
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3. 1 day--Third Saturday of Aquapalooza....... Osage Beach, MO........ Mile markers 19.3-18.7.
July.
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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
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Date Event City, State Regulated area
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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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[[Page 2031]]
* * * * *
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