Safety Zone; Missouri River, Miles 360-450, Kansas City, MO to St. Joseph, MO, 10417-10419 [2019-05372]
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amozie on DSK9F9SC42PROD with RULES
Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Rules and Regulations
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.
INFORMATION CONTACT
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 Commandant
Instruction M16475.1D, 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
moving safety zone lasting only the
duration of transit of a vessel carrying
post-Panamax gantry cranes. 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. 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 contact the
person listed in the FOR FURTHER
VerDate Sep<11>2014
16:24 Mar 20, 2019
Jkt 247001
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 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
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.
2. Add § 165.T05–0109 to read as
follows:
§ 165.T05–0109 Safety Zone, Delaware
River, Philadelphia, PA.
(a) Location. The following area is a
safety zone: All navigable waters within
200 yards of the M/V ZHEN HUA 25
while the vessel is underway or
anchored within Delaware Bay or River.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Delaware Bay (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) In accordance with
the general safety zones regulations in
subpart C of this part and except for as
described in paragraph (c)(3) of this
section, vessels may not enter, remain
in, or transit the safety 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 or
remain in the zone, unless moored or
anchored outside the main navigational
channel, contact the COTP or the
COTP’s representative via VHF–FM
Channel 16. Those in the safety zone
must comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(3) Vessels may transit the safety zone
described in paragraph (a) of this
section without permission from the
COTP if all of the following criteria are
met:
(i) The M/V ZHEN HUA 25 is
anchored in a designated anchorage as
defined in 33 CFR 110.157.
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10417
(ii) Vessels maintain the minimum
safe speed to reduce wake and maintain
steerage.
(iii) Except towing vessels designated
as assist tugs and operating in such
capacity, no vessel may meet, overtake
or otherwise pass another unmoored or
unanchored vessel within the safety
zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. (1)
Enforcement of the safety zone will
begin when the M/V ZHEN HUA 25
enters the Delaware Bay Captain of the
Port zone until midnight on May 7, 2019
unless the project is completed earlier.
(2) This safety zone will not be
enforced from the time arrival mooring
operations are completed to the time
departure mooring operations begin.
(3) The anticipated date of arrival for
the M/V ZHEN HUA 25 to the Delaware
Bay Captain of the Port zone is March
15, 2019.
Dated: March 15, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2019–05367 Filed 3–20–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0169]
RIN 1625–AA00
Safety Zone; Missouri River, Miles
360–450, Kansas City, MO to St.
Joseph, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Missouri
River from mile marker (MM) 360 to
MM 450 between Kansas City, MO and
St. Joseph, MO. This action is necessary
to provide for the safety of persons,
vessels, and the marine environment on
these navigable waters as a result of
increasing flood conditions on the river
that is threatening to overtop levees.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector Upper Mississippi River (COTP)
or a designated representative.
SUMMARY:
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10418
Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Rules and Regulations
This rule is effective without
actual notice from March 21, 2019 until
April 1, 2019. For the purposes of
enforcement, actual notice will be
provided from 5 p.m. on March 15, 2019
until March 21, 2019. This rule may be
cancelled earlier if the project is
completed before April 1, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0169 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.
Coast Guard; telephone 314–269–2560,
email Christian.J.Barger@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
amozie on DSK9F9SC42PROD with RULES
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
§ Section
USACE United States Army Corps of
Engineers
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 an
NPRM with respect to this rule because
it is impracticable. It is impracticable
because we must establish this safety
zone immediately and lack sufficient
time to provide a reasonable comment
period and then consider those
comments before issuing this rule. The
NPRM process would delay the
establishment of the safety zone and
compromise public safety.
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 this rule would be
contrary to public interest because
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16:24 Mar 20, 2019
Jkt 247001
immediate action is necessary to
respond to the potential safety hazards
associated with floodwaters threatening
to overtop levees along the river.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
COTP has determined that potential
hazards associated with flood waters
threaten to overtop levees along the
river. The USACE Kansas City District
has expressed concern that vessel traffic
in the affected area could cause damage
to the levees resulting in overtopping or
failure. This rule is necessary to ensure
the safety of persons, vessels, and the
marine environment on these navigable
waters due to the flood impacts to
USACE levees.
IV. Discussion of the Rule
On March 15, 2019, the USACE
Kansas City District contacted the Coast
Guard to report an increase in flood
waters approaching the tops of levees
along the Missouri River between Mile
Marker (MM) 360 and MM 450 and
requested a river closure to ensure the
safety of persons, vessels, and the
marine environment that would result if
floodwaters overtop the levees. This
rule establishes a temporary safety zone
from March 15, 2019 until April 1, 2019,
or until cancelled by the COTP,
whichever occurs first. The safety zone
will cover all navigable waters of the
Missouri River from MM 360 to MM
450, unless reduced in scope by the
COTP as flood conditions warrant.
No vessel or person will be permitted
to enter the safety zone without
obtaining permission from 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.
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. 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 of the safety zone
as flood conditions improve, through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
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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 emergency nature of the
action and after consultation with
representatives of the shipping
industries that use this reach of river
indicate that the many shipping
companies have already made
arrangements to avoid this area.
Moreover, the Coast Guard will issue a
BNM via VHF–FM marine channel 16
about the zone, and the rule allows
vessels to seek permission to enter the
zone on a case-by-case basis.
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
E:\FR\FM\21MRR1.SGM
21MRR1
Federal Register / Vol. 84, No. 55 / Thursday, March 21, 2019 / Rules and Regulations
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.
amozie on DSK9F9SC42PROD with RULES
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. 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
VerDate Sep<11>2014
16:24 Mar 20, 2019
Jkt 247001
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 Commandant
Instruction M16475.1D, 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
temporary safety zone prohibiting entry
on a ninety mile stretch of the Missouri
River that is experiencing significant
flooding that is impacting levees. It is
categorically excluded from further
review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination will be
made 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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034; 46 U.S.C.
70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland Security
Delegation No. 0170.1.
§ 165.T08–0169 Safety Zone; Missouri
River, Miles 360–450, Kansas City, MO to St.
Joseph, MO.
(a) Location. The following area is a
safety zone: all navigable waters of the
Missouri River from mile marker (MM)
360 to MM 450. This section will be
enforced on all navigable waters of the
Missouri River from MM 360 to MM
450, unless reduced in scope by the
Captain of the Port Sector Upper
Mississippi River (COTP) as flood
conditions warrant.
(b) Effective period. This rule is
effective without actual notice from
March 21, 2019 until April 1, 2019. For
the purposes of enforcement, actual
notice will be provided from 5 p.m. on
March 15, 2019 until March 21, 2019.
This rule may be cancelled earlier if the
project is completed before April 1,
2019.
(c) Regulations. (1) In accordance with
the general safety zone regulations in
§ 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 of the safety zone as flood
conditions improve, through Local
Notice to Mariners (LNMs), Broadcast
Notices to Mariners (BNMs), and/or
Marine Safety Information Bulletins
(MSIBs) as appropriate.
Dated: March 15, 2019.
R. M. Scott,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019–05372 Filed 3–20–19; 8:45 am]
BILLING CODE 9110–04–P
2. Add § 165.T08–0169 to read as
follows:
■
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]]>Agencies
[Federal Register Volume 84, Number 55 (Thursday, March 21, 2019)]
[Rules and Regulations]
[Pages 10417-10419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05372]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0169]
RIN 1625-AA00
Safety Zone; Missouri River, Miles 360-450, Kansas City, MO to
St. Joseph, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Missouri River from mile marker (MM) 360 to MM
450 between Kansas City, MO and St. Joseph, MO. This action is
necessary to provide for the safety of persons, vessels, and the marine
environment on these navigable waters as a result of increasing flood
conditions on the river that is threatening to overtop levees. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Upper Mississippi River
(COTP) or a designated representative.
[[Page 10418]]
DATES: This rule is effective without actual notice from March 21, 2019
until April 1, 2019. For the purposes of enforcement, actual notice
will be provided from 5 p.m. on March 15, 2019 until March 21, 2019.
This rule may be cancelled earlier if the project is completed before
April 1, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0169 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. 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
USACE United States Army Corps of Engineers
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 an NPRM with respect to this rule
because it is impracticable. It is impracticable because we must
establish this safety zone immediately and lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing this rule. The NPRM process would delay the
establishment of the safety zone and compromise public safety.
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 this rule would be
contrary to public interest because immediate action is necessary to
respond to the potential safety hazards associated with floodwaters
threatening to overtop levees along the river.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP has determined that potential hazards associated with
flood waters threaten to overtop levees along the river. The USACE
Kansas City District has expressed concern that vessel traffic in the
affected area could cause damage to the levees resulting in overtopping
or failure. This rule is necessary to ensure the safety of persons,
vessels, and the marine environment on these navigable waters due to
the flood impacts to USACE levees.
IV. Discussion of the Rule
On March 15, 2019, the USACE Kansas City District contacted the
Coast Guard to report an increase in flood waters approaching the tops
of levees along the Missouri River between Mile Marker (MM) 360 and MM
450 and requested a river closure to ensure the safety of persons,
vessels, and the marine environment that would result if floodwaters
overtop the levees. This rule establishes a temporary safety zone from
March 15, 2019 until April 1, 2019, or until cancelled by the COTP,
whichever occurs first. The safety zone will cover all navigable waters
of the Missouri River from MM 360 to MM 450, unless reduced in scope by
the COTP as flood conditions warrant.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from 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. 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. 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 of the safety zone as flood conditions improve,
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners
(BNMs), and/or Marine Safety Information Bulletins (MSIBs), as
appropriate.
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 emergency
nature of the action and after consultation with representatives of the
shipping industries that use this reach of river indicate that the many
shipping companies have already made arrangements to avoid this area.
Moreover, the Coast Guard will issue a BNM via VHF-FM marine channel 16
about the zone, and the rule allows vessels to seek permission to enter
the zone on a case-by-case basis.
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
[[Page 10419]]
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 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 Commandant Instruction M16475.1D, 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 temporary safety zone prohibiting entry on a ninety mile stretch of
the Missouri River that is experiencing significant flooding that is
impacting levees. It is categorically excluded from further review
under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination will be made 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; 46 U.S.C. 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.T08-0169 to read as follows:
Sec. 165.T08-0169 Safety Zone; Missouri River, Miles 360-450, Kansas
City, MO to St. Joseph, MO.
(a) Location. The following area is a safety zone: all navigable
waters of the Missouri River from mile marker (MM) 360 to MM 450. This
section will be enforced on all navigable waters of the Missouri River
from MM 360 to MM 450, unless reduced in scope by the Captain of the
Port Sector Upper Mississippi River (COTP) as flood conditions warrant.
(b) Effective period. This rule is effective without actual notice
from March 21, 2019 until April 1, 2019. For the purposes of
enforcement, actual notice will be provided from 5 p.m. on March 15,
2019 until March 21, 2019. This rule may be cancelled earlier if the
project is completed before April 1, 2019.
(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 of the safety zone as flood
conditions improve, through Local Notice to Mariners (LNMs), Broadcast
Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins
(MSIBs) as appropriate.
Dated: March 15, 2019.
R. M. Scott,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Upper
Mississippi River.
[FR Doc. 2019-05372 Filed 3-20-19; 8:45 am]
BILLING CODE 9110-04-P
