Safety Zone; Upper Mississippi River, Miles 179 to 184, St. Louis, MO, 20544-20546 [2019-09645]
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Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Rules and Regulations
Bulletin A320–92–1087, Revision 03, dated
July 31, 2017; and Figure A–FAAAA, Sheet
02, of Appendix 01, ‘‘Inspection Report,’’ of
Service Bulletin A320–92–1119, dated July
28, 2017; specifies sending removed lugs to
Airbus for investigation, this AD does not
include that requirement.
(1) If the inspection was done on or after
the effective date of this AD: Submit the
report within 90 days after the inspection.
(2) If the inspection was done before the
effective date of this AD: Submit the report
within 90 days after the effective date of this
AD.
(k) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraphs (h)(1) and (i) of this
AD if those actions were performed before
the effective date of this AD using Airbus
Service Bulletin A320–92–1087, Revision 02,
dated November 25, 2014.
khammond on DSKBBV9HB2PROD with RULES
(l) Paperwork Reduction Act Burden
Statement
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, completing and reviewing the
collection of information. All responses to
this collection of information are mandatory.
Comments concerning the accuracy of this
burden and suggestions for reducing the
burden should be directed to the FAA at: 800
Independence Ave. SW, Washington, DC
20591, Attn: Information Collection
Clearance Officer, AES–200.
(m) Other FAA AD Provisions
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (n)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: As of the
effective date of this AD, for any requirement
in this AD to obtain corrective actions from
a manufacturer, the action must be
accomplished using a method approved by
the Manager, International Section, Transport
Standards Branch, FAA; or the European
Aviation Safety Agency (EASA); or Airbus
SAS’s EASA Design Organization Approval
VerDate Sep<11>2014
16:24 May 09, 2019
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(DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
(3) Required for Compliance (RC): If any
service information contains procedures or
tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
Issued in Des Moines, Washington, on May
3, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
(n) Related Information
RIN 1625–AA00
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2018–0131, dated June 19, 2018, for related
information. This MCAI may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2018–0903.
(2) For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3223.
(3) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (o)(4) and (o)(5) of this AD.
(o) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(3) The following service information was
approved for IBR on May 24, 2019 (84 FR
16386, April 19, 2019).
(i) Airbus Service Bulletin A320–92–1087,
Revision 03, dated July 31, 2017.
(ii) Airbus Service Bulletin A320–92–1119,
dated July 28, 2017.
(4) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EIAS, Rond-Point Emile Dewoitine
No: 2, 31700 Blagnac Cedex, France;
telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email account.airworth-eas@
airbus.com; internet https://www.airbus.com.
(5) You may view this service information
at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
(6) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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[FR Doc. 2019–09680 Filed 5–9–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0334]
Safety Zone; Upper Mississippi River,
Miles 179 to 184, St. Louis, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Upper
Mississippi River from mile marker
(MM) 179 to MM 184 in St. Louis, 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 flow and
high water conditions on the river.
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.
DATES: This rule is effective without
actual notice from May 10, 2019 through
June 2, 2019. For the purposes of
enforcement, actual notice will be used
from May 2, 2019, through May 10,
2019.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0334 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:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
E:\FR\FM\10MYR1.SGM
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Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Rules and Regulations
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
USACE United States Army Corps of
Engineers
U.S.C. United States Code
UMR Upper Mississippi River
WAP Waterways Action Plan
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
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 and high
flow of the river.
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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 COTP
has determined that potential hazards
associated with flood waters exist in the
St. Louis Harbor of the Upper
Mississippi River. Increased flow rates
and river height makes navigating this
area extremely difficult due to a high
number of highway and railroad bridges
in the area. This rule is necessary to
ensure the safety of persons, vessels,
and the marine environment on these
navigable waters.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from May 2, 2019 through
June 2, 2019, or until cancelled by the
COTP, whichever occurs first. The
safety zone will cover all navigable
waters of the Upper Mississippi River
VerDate Sep<11>2014
16:24 May 09, 2019
Jkt 247001
from MM 179 to MM 184, 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 the increasing flow rates and
river height. When the Upper
Mississippi River gauge in St. Louis,
MO reaches 38 feet above zero,
increased flow rates and vertical
clearances associated with bridges in
the St. Louis area between MM 179 and
MM 184 result in difficulty with making
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20545
safe approaches to the bridges and
increase the potential for bridge strikes.
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 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).
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Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Rules and Regulations
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.
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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 five mile stretch of the Upper
Mississippi River that is experiencing
significant flooding. 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
VerDate Sep<11>2014
16:24 May 09, 2019
Jkt 247001
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
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: May 2, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2019–09645 Filed 5–9–19; 8:45 am]
1. The authority citation for part 165
continues to read as follows:
BILLING CODE 9110–04–P
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.
DEPARTMENT OF HOMELAND
SECURITY
■
2. Add § 165.T08–0334 to read as
follows:
■
§ 165.T08–0334 Safety Zone; Upper
Mississippi River, Miles 179–184, St. Louis,
MO.
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Mississippi River from mile
marker (MM) 179 to MM 184. This
section will be enforced on all navigable
waters of the Upper Mississippi River
from MM 179 to MM 184, 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 May
10, 2019 until June 2, 2019, or until
cancelled by the COTP, whichever
occurs first. For the purposes of
enforcement, actual notice will be
provided from May 2, 2019, until May
10, 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
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0292]
Safety Zones; Recurring Safety Zones
in Captain of the Port Sault Sainte
Marie—Mackinaw Area Visitors Bureau
Friday Night Fireworks
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
certain safety zones for the Mackinaw
Area Visitors Bureau Friday Night
Fireworks in Mackinaw City, Michigan,
starting in May, 2019 to provide for the
safety of life on navigable waterways.
This action is necessary and intended to
protect the safety of life and property on
navigable waters prior to, during, and
immediately after these events. During
the enforcement period, no person or
vessel may enter the respective safety
zone without the permission of the
Captain of the Port Sault Sainte Marie
or a designated representative.
DATES: The regulations in 33 CFR
165.918 will be enforced for safety zone
(1), Table 165.918, from 9 p.m. through
11:59 p.m. each Friday, or Saturday in
case of inclement weather, from May 17,
2019, through August 30, 2019.
SUMMARY:
E:\FR\FM\10MYR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Rules and Regulations]
[Pages 20544-20546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09645]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0334]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Miles 179 to 184, St.
Louis, 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 Upper Mississippi River from mile marker (MM)
179 to MM 184 in St. Louis, 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 flow and high water
conditions on the river. 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.
DATES: This rule is effective without actual notice from May 10, 2019
through June 2, 2019. For the purposes of enforcement, actual notice
will be used from May 2, 2019, through May 10, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0334 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 [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
[[Page 20545]]
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
USACE United States Army Corps of Engineers
U.S.C. United States Code
UMR Upper Mississippi River
WAP Waterways Action Plan
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 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 and
high flow of the river.
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 COTP has determined that
potential hazards associated with flood waters exist in the St. Louis
Harbor of the Upper Mississippi River. Increased flow rates and river
height makes navigating this area extremely difficult due to a high
number of highway and railroad bridges in the area. This rule is
necessary to ensure the safety of persons, vessels, and the marine
environment on these navigable waters.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from May 2, 2019
through June 2, 2019, or until cancelled by the COTP, whichever occurs
first. The safety zone will cover all navigable waters of the Upper
Mississippi River from MM 179 to MM 184, 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 the increasing flow rates and river height.
When the Upper Mississippi River gauge in St. Louis, MO reaches 38 feet
above zero, increased flow rates and vertical clearances associated
with bridges in the St. Louis area between MM 179 and MM 184 result in
difficulty with making safe approaches to the bridges and increase the
potential for bridge strikes. 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
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).
[[Page 20546]]
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 five mile stretch of the
Upper Mississippi River that is experiencing significant flooding. 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 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.T08-0334 to read as follows:
Sec. 165.T08-0334 Safety Zone; Upper Mississippi River, Miles 179-
184, St. Louis, MO.
(a) Location. The following area is a safety zone: All navigable
waters of the Upper Mississippi River from mile marker (MM) 179 to MM
184. This section will be enforced on all navigable waters of the Upper
Mississippi River from MM 179 to MM 184, 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 May 10, 2019 until June 2, 2019, or until cancelled by the COTP,
whichever occurs first. For the purposes of enforcement, actual notice
will be provided from May 2, 2019, until May 10, 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: May 2, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019-09645 Filed 5-9-19; 8:45 am]
BILLING CODE 9110-04-P
