Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update, 25212-25218 [2019-11452]

Download as PDF khammond on DSKBBV9HB2PROD with PROPOSALS 25212 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Proposed Rules described in section 3405(a) or (b) if the payee’s residence address that is provided to the payor is located outside of the United States? (2) A–3: Unless section 3405(e)(13)(B) (which provides an exception for certain nonresident aliens) applies, if the payee’s residence address that is provided to the payor is located outside of the United States, the payor is required to withhold income tax from a distribution described in section 3405(a) or (b), without regard to the delivery instructions and without regard to any request by the payee to elect no withholding. Withholding would be required, in this case, even if the payee has requested that the distribution be delivered to a financial institution or other person located within the United States. (e)(1) Q–4: Is the payor required to withhold income tax from a distribution described in section 3405(a) or (b) if the payee has not provided the payor with the payee’s residence address? (2) A–4: If a payee has not provided the payor with the payee’s residence address, the payor is required to withhold income tax from a distribution described in section 3405(a) or (b). A payee may not elect no withholding under section 3405(a)(2) or (b)(2) and any purported election of no withholding by such payee is not valid. For purposes of this section, a payee who has provided the payor with an address for the payee’s nominee, trustee, or agent without also providing the payee’s residence address has not provided a residence address. (f)(1) Q–5: Do the withholding rules under section 3405(a) and (b) apply to a payee who is to receive a distribution that is subject to withholding under subchapter A of chapter 3 (or that would be so subject but for a tax treaty)? (2) A–5: In accordance with section 3405(e)(1)(B)(iii), a designated distribution does not include a distribution of a United States-source payment that is subject to withholding under the rules of section 1441 and § 1.1441–1(b)(1) of this chapter (or that would be so subject but for a tax treaty), such as a pension or other deferred compensation plan distribution to be made to a payee who is a nonresident alien (or other individual payee who is presumed to be a foreign person under the presumption rules of § 1.1441– 1(b)(3) of this chapter). Withholding under the rules of section 1441 and § 1.1441–1(b)(1) of this chapter, rather than under the rules of section 3405(a) or (b), would apply to such a distribution. (g)(1) Q–6: What is the effective date and applicability date of this section? VerDate Sep<11>2014 16:12 May 30, 2019 Jkt 247001 (2) A–6: This section is effective on the date of publication of the Treasury decision adopting these rules as a final regulation in the Federal Register. The regulation in this section applies with respect to distributions on or after the applicability date of the final regulation. Kirsten Wielobob, Deputy Commissioner for Services and Enforcement. [FR Doc. 2019–11292 Filed 5–30–19; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–1009] RIN 1625–AA00 Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend and update its tables of annual and recurring safety zones that take place within the Eighth Coast Guard District listed in our regulations. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before July 1, 2019. ADDRESSES: You may submit comments identified by docket number USCG– 2018–1009 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION: section for further instructions on submitting comments. SUMMARY: If you have questions about this proposed rulemaking, 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: FOR FURTHER INFORMATION CONTACT: 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 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Captain of the Port Sector Upper Mississippi River (COTP) proposes to amend and update section 165.801 Table 2 of Title 33 of the Code of Federal Regulations (CFR) (33 CFR 165.801 Table 2) titled Sector Upper Mississippi River Annual and Recurring Safety Zones to accurately reflect safety zones occurring on a regular basis in the Sector Upper Mississippi River Captain of the Port Zone. We propose to remove four safety zones that are no longer necessary. In addition, the COTP proposes to amend Table 2 by updating details of all safety zones. The updated details of all safety zones include correcting errors in the names of twelve safety zones, re-defining the date of safety zones for fireworks displays for 4th of July celebrations to permit greater flexibility in planning of these events, correcting errors in the nearest city for nine safety zones, and removing sponsor names from all safety zones. Finally, the COTP proposes to amend Table 2 by rearranging the Table to display safety zones first by the body of water on which they take place (alphabetically), second by the date(s) on which those safety zones will be enforced, and third by mile marker (descending). This proposed rule would ensure that the public is informed of annual and recurring safety zones taking place within the Sector Upper Mississippi River Captain of the Port Zone, that the table of annual and recurring safety zones is easy to read, and would considerably reduce administrative burden to both the Coast Guard and those requesting the enforcement of recurring safety zones. The Coast Guard is proposing this rulemaking under the authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Coast Guard encourages the public to participate in this proposed rulemaking through the comment process so that any necessary changes not already contained in this proposed rule, can be identified and implemented in a timely and efficient manner. III. Discussion of Proposed Rule Section 165.801 of Title 33 CFR contains regulations related to annual and recurring safety zones. From time to time, this section requires amendment to properly reflect safety zones recurring within the Eighth Coast Guard District. This proposed rule would remove four safety zones that are no longer necessary, update details for all safety zones to include the correction of E:\FR\FM\31MYP1.SGM 31MYP1 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Proposed Rules twelve names, re-defining the date of safety zones for fireworks displays for 4th of July celebrations to permit greater flexibility in planning of these events, correcting errors in the nearest city for nine safety zones, removing sponsor names from all safety zones, and rearrange the Table to display safety zones first by the body of water on which they take place (alphabetically), second by the date(s) on which those safety zones will be enforced, and third by mile marker (descending).The proposed changes are as follows. This proposed rule would remove the following four safety zones from Table 2 of 33 CFR 165.801: Date Sponsor/name Sector upper Mississippi River location 3. 1 day—2nd weekend of June. 34. 1 day—4th of July weekend. 35. 2 days—2nd weekend in August. 39. 2 days—Weekend that precedes Labor Day Weekend. City of Champlin/Father Hennepin Fireworks Display. McGregor/Marquette Chamber Commerce/Independence Day Celebration. Tug Committee/Great River Tug ............. Champlin, MN .................... Lake of the Ozarks Shootout, Inc./Lake of the Ozarks Shootout. This proposed rule would update the details of all safety zones in Table 2 of Date McGregor, IA ..................... Port Byron, IL .................... Lake of the Ozarks, MO .... Safety zone Upper Mississippi River mile 870.5 to 872.0. Upper Mississippi River mile 635.7 to 634.2. Upper Mississippi River mile 497.2 to 497.6 (Illinois). Lake of the Ozarks mile marker 034.5. 33 CFR 165.801 and reorganize the table as follows: Event City, state Safety zone Illinois River 1. 1 day—Either on or within a week before or after July 4th. 2. 1 day—Either on or within a week before or after July 4th. Red, White, and Boom Peoria ................ Peoria, IL ........................... Mile Markers 162.5–162.1. Grafton Chamber 4th of July Fireworks .. Grafton, IL ......................... Mile Markers 1.5–0.5. Lake of the Ozarks 3. 1 day—Last Sunday of May. 4. 1 day—Last Sunday of May. 5. 1 day—Either on or within a week before or after July 4th. 6. 1 day—Either on or within a week before or after July 4th. 7. 1 day—First weekend of September. 8. 1 day—First weekend of September. Tan-Tar-A Resort Memorial Day Fireworks. Lodge of the Four Seasons Memorial Day Fireworks. Tan-Tar-A Resort 4th of July Fireworks .. Osage Beach, MO ............. Mile Markers 26.2–25.8. Lake Ozark, MO ................ Mile Markers 14.2–13.8. Osage Beach, MO ............. Mile Markers 26.2–25.8. Lodge of the Four Seasons 4th of July Fireworks. Lake Ozark, MO ................ Mile Markers 14.2–13.8. Tan-Tar-A Resort Labor Day Fireworks .. Osage Beach, MO ............. Mile Markers 26.2–25.8. Lodge of the Four Seasons Labor Day Fireworks. Lake Ozark, MO ................ Mile Markers 14.2–13.8. khammond on DSKBBV9HB2PROD with PROPOSALS Missouri River 9. 1 day—Either the last weekend of June or first weekend of July. 10. 1 day—Either on or within a week before or after July 4th. 11. 1 day—Either on or within a week before or after July 4th. 12. 1 day—Either on or within a week before or after July 4th. 13. 2 days—Either on or within a week before or after July 4th. 14. 2 days—Third weekend of July. 15. 2 days—Third weekend of September. VerDate Sep<11>2014 KC Riverfest ............................................ Kansas City, MO ............... Mile Markers 365.5–364.8. Parkville 4th of July Fireworks ................ Parkville, MO ..................... Mile Markers 378.0–377.5. Salute to America .................................... Jefferson City, MO ............ Mile Markers 143.5 to 143.0. Hermann 4th of July Fireworks ............... Hermann, MO .................... Mile Markers 98.0 to 97.0. St. Charles Riverfest ............................... St. Charles, MO ................. Mile Markers 28.8 to 28.2. Amelia Earhart Festival ........................... Atchison, KS ...................... Mile Markers 424.5 to 422.0. Riverside Riverfest .................................. Riverside, MO .................... Mile Markers 372.2–371.8. 16:12 May 30, 2019 Jkt 247001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 25213 E:\FR\FM\31MYP1.SGM 31MYP1 marker marker marker 032.5 to 25214 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Proposed Rules Date 16. 1 day—The weekend before Thanksgiving. Event City, state Parkville Christmas on the River ............. Parkville, MO ..................... Safety zone Mile Markers 378.0–377.5. St. Croix River 17. 1 day—Either the last weekend of June or first weekend of July. 18. 1 day—Either on or within a week before or after July 4th. 19. 4 days—Third week of July. Hudson Booster Days ............................. Hudson, WI ........................ Mile Markers 17.2–16.8. Stillwater 4th of July ................................ Stillwater, MN .................... Mile Markers 23.5–22.9. Lumberjack Days ..................................... Stillwater, MN .................... Mile Markers 23.5–22.9. khammond on DSKBBV9HB2PROD with PROPOSALS Upper Mississippi River 20. 1 day—Fourth weekend of May. 21. 1 day—First weekend of June. 22. 1 day—Third Sunday of June. 23. 1 day—The Sunday of Father’s Day weekend. 24. 1 day—Either the last weekend of June or first weekend of July. 25. 4 days—Either the first or second week of July. 26. 1 day—First weekend of July. 27. 1 day—Either on or within a week before or after July 4th. 28. 1 day—Either on or within a week before or after July 4th. 29. 1 day–Either on or within a week before or after July 4th. 30. 1 day—Either on or within a week before or after July 4th. 31. 1 day—Either on or within a week before or after July 4th. 32. 1 day—Either on or within a week before or after July 4th. 33. 1 day—Either on or within a week before or after July 4th. 34. 1 day—Either on or within a week before or after July 4th. 35. 1 day—Either on or within a week before or after July 4th. 36. 1 day—Either on or within a week before or after July 4th. 37. 1 day—Either on or within a week before or after July 4th. 38. 3 days—Either on or within a week before or after July 4th. 39. 1 day—Second weekend of July. 40. 2 days—Third weekend of July. 41. 1 day—Fourth weekend of July. VerDate Sep<11>2014 Lumiere Place Memorial Day Fireworks St. Louis, MO .................... Mile Markers 180.5–180.0. St. Louis Brewers Guild Festival Fireworks. Burlington Steamboat Days .................... St. Louis, MO .................... Mile Markers 180–179.2. Burlington, IA ..................... Mile Markers 404.5–403.5. Winona Steamboat Days Fireworks ........ Winona, MN ....................... Mile Markers 725.7–725.4. Bellevue Heritage Days ........................... Bellevue, IA ....................... Mile Markers 556.5–556.5. La Crosse Riverfest Air Show and Fireworks. Lumiere Place 4th of July Fireworks ....... La Crosse, WI ................... Mile Markers 698.5–697.5. St. Louis, MO .................... Mile Markers 180.5–180.0. Red, White, and Boom Minneapolis ....... Minneapolis, MN ................ Mile Markers 854.5–853.5. Mississippi Alumination ........................... Red Wing, MN ................... Mile Markers 791.2 –790.8. Lake City 4th of July Fireworks ............... Lake City, MN .................... Mile Markers 772.8–772.4. Marquette Independence Day Celebration. Marquette, IA ..................... Mile Markers 635.7–634.2. Stars and Stripes ..................................... Guttenberg, IA ................... Mile Markers 615.5 –615.0. Radio Dubuque/Dubuque JayCees Air Show and Fireworks. Dubuque, IA ...................... Mile Markers 583.0–581.0. City of East Moline Fireworks ................. East Moline, IA .................. Mile Markers 490.2–489.8. Red, White, and Boom Davenport .......... Davenport, IA .................... Mile Markers 482.7–482.0. Muscatine 4th of July Fireworks ............. Muscatine, IA ..................... Mile Markers 456.0–455.0. Louisiana July 4th Fireworks ................... Louisiana, MO ................... Mile Markers 283.0–282.0. Mississippi Fireworks Festival ................. Alton, IL ............................. Mile Markers 203.0–202.5. Fair St. Louis ........................................... St. Louis, MO .................... Mile Markers 180.0–179.2. Prairie du Chien Fireworks ...................... Prairie du Chien, WI .......... Mile Markers 635.7–635.2. Hastings Rivertown Days ........................ Hastings, MN ..................... Mile Markers 815.2–813.7. Aquatennial Fireworks ............................. Minneapolis, MN ................ Mile Markers 854.2–853.2. 16:12 May 30, 2019 Jkt 247001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\31MYP1.SGM 31MYP1 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Proposed Rules Date Event City, state 42. 1 day—Second weekend of August. 43. 2 days—First weekend of September. 44. 1 day—First weekend of September. Lansing Fish Days Fireworks .................. Lansing, IA ........................ Mile Markers 663.9–662.8. City of Keithsburg Fireworks ................... Keithsburg, IL .................... Mile Markers 427.5–427.3. Lumiere Place Labor Day Fireworks ....... St. Louis, MO .................... Mile Markers 180.5–180.0. The effect of this proposed rule would be to restrict general navigation for a duration of time during the listed dates in accordance with the regulations in 33 CFR 165.801. The proposed recurring safety zones are necessary to provide for the safety of life on navigable waters during events which pose a risk to persons and vessels operating on the waterway. khammond on DSKBBV9HB2PROD with PROPOSALS 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 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 NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM 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 safety zones that will be in place during the listed events. The enforcement of these safety zones would be limited in size and duration necessary to ensure the safety of life during the listed events. Additionally, this proposed rule would only modify the existing tables of events by removing four safety zones that no longer take place, updating the details of safety zones to ensure they are current and accurate, and modifying the safety zone table 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 VerDate Sep<11>2014 16:12 May 30, 2019 Jkt 247001 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 safety zones 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 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 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. 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 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 25215 Safety zone 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 contact 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed 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 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 the amendment of existing safety zone tables found in 33 CFR 165.801 to accurately reflect recurring safety zones occurring on a regular basis within the Eighth Coast Guard District. E:\FR\FM\31MYP1.SGM 31MYP1 25216 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Proposed Rules Normally such actions are categorically excluded from further review under paragraph L60(b) of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 01, for which a Record of Environmental Consideration is not required. However, prior to the activation of any listed safety zone, a complete environmental review will be conducted in accordance with DHS Instruction Manual 023–01–001–01, Rev.01 and Commandant Instruction M16475.1D. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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. 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. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 proposes to amend 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. Revise Table 2 to § 165.801 as follows: ■ TABLE 2 TO § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES Date Event City, state Safety zone Illinois River 1. 1 day—Either on or within a week before or after July 4th. 2. 1 day—Either on or within a week before or after July 4th. Red, White, and Boom Peoria ................ Peoria, IL ........................... Mile Markers 162.5–162.1. Grafton Chamber 4th of July Fireworks .. Grafton, IL ......................... Mile Markers 1.5–0.5. Lake of the Ozarks khammond on DSKBBV9HB2PROD with PROPOSALS 3. 1 day—Last Sunday of May. 4. 1 day—Last Sunday of May. 5. 1 day—Either on or within a week before or after July 4th. 6. 1 day—Either on or within a week before or after July 4th. 7. 1 day—First weekend of September. 8. 1 day—First weekend of September. Tan-Tar-A Resort Memorial Day Fireworks. Lodge of the Four Seasons Memorial Day Fireworks. Tan-Tar-A Resort 4th of July Fireworks .. Osage Beach, MO ............. Mile Markers 26.2–25.8. Lake Ozark, MO ................ Mile Markers 14.2–13.8. Osage Beach, MO ............. Mile Markers 26.2–25.8. Lodge of the Four Seasons 4th of July Fireworks. Lake Ozark, MO ................ Mile Markers 14.2–13.8. Tan-Tar-A Resort Labor Day Fireworks .. Osage Beach, MO ............. Mile Markers 26.2–25.8. Lodge of the Four Seasons Labor Day Fireworks. Lake Ozark, MO ................ Mile Markers 14.2–13.8. Missouri River 9. 1 day—Either the last weekend of June or first weekend of July. 10. 1 day—Either on or within a week before or after July 4th. VerDate Sep<11>2014 KC Riverfest ............................................ Kansas City, MO ............... Mile Markers 365.5–364.8. Parkville 4th of July Fireworks ................ Parkville, MO ..................... Mile Markers 378.0–377.5. 16:12 May 30, 2019 Jkt 247001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\31MYP1.SGM 31MYP1 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Proposed Rules 25217 TABLE 2 TO § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued Date Event City, state Safety zone 11. 1 day—Either on or within a week before or after July 4th. 12. 1 day—Either on or within a week before or after July 4th. 13. 2 days—Either on or within a week before or after July 4th. 14. 2 days—Third weekend of July. 15. 2 days—Third weekend of September. 16. 1 day—The weekend before Thanksgiving. Salute to America .................................... Jefferson City, MO ............ Mile Markers 143.5 to 143.0. Hermann 4th of July Fireworks ............... Hermann, MO .................... Mile Markers 98.0 to 97.0. St. Charles Riverfest ............................... St. Charles, MO ................. Mile Markers 28.8 to 28.2. Amelia Earhart Festival ........................... Atchison, KS ...................... Mile Markers 424.5 to 422.0. Riverside Riverfest .................................. Riverside, MO .................... Mile Markers 372.2–371.8. Parkville Christmas on the River ............. Parkville, MO ..................... Mile Markers 378.0–377.5. St. Croix River 17. 1 day—Either the last weekend of June or first weekend of July. 18. 1 day—Either on or within a week before or after July 4th. 19. 4 days—Third week of July. Hudson Booster Days ............................. Hudson, WI ........................ Mile Markers 17.2–16.8. Stillwater 4th of July ................................ Stillwater, MN .................... Mile Markers 23.5–22.9. Lumberjack Days ..................................... Stillwater, MN .................... Mile Markers 23.5–22.9. khammond on DSKBBV9HB2PROD with PROPOSALS Upper Mississippi River 20. 1 day—Fourth weekend of May. 21. 1 day—First weekend of June. 22. 1 day—Third Sunday of June. 23. 1 day—The Sunday of Father’s Day weekend. 24. 1 day—Either the last weekend of June or first weekend of July. 25. 4 days—Either the first or second week of July. 26. 1 day—First weekend of July. 27. 1 day—Either on or within a week before or after July 4th. 28. 1 day—Either on or within a week before or after July 4th. 29. 1 day—Either on or within a week before or after July 4th. 30. 1 day—Either on or within a week before or after July 4th. 31. 1 day—Either on or within a week before or after July 4th. 32. 1 day—Either on or within a week before or after July 4th. 33. 1 day—Either on or within a week before or after July 4th. 34. 1 day—Either on or within a week before or after July 4th. 35. 1 day—Either on or within a week before or after July 4th. VerDate Sep<11>2014 Lumiere Place Memorial Day Fireworks St. Louis, MO .................... Mile Markers 180.5–180.0. St. Louis Brewers Guild Festival Fireworks. Burlington Steamboat Days .................... St. Louis, MO .................... Mile Markers 180–179.2. Burlington, IA ..................... Mile Markers 404.5–403.5. Winona Steamboat Days Fireworks ........ Winona, MN ....................... Mile Markers 725.7–725.4. Bellevue Heritage Days ........................... Bellevue, IA ....................... Mile Markers 556.5–556.5. La Crosse Riverfest Air Show and Fireworks. Lumiere Place 4th of July Fireworks ....... La Crosse, WI ................... Mile Markers 698.5–697.5. St. Louis, MO .................... Mile Markers 180.5–180.0. Red, White, and Boom Minneapolis ....... Minneapolis, MN ................ Mile Markers 854.5–853.5. Mississippi Alumination ........................... Red Wing, MN ................... Mile Markers 791.2 –790.8. Lake City 4th of July Fireworks ............... Lake City, MN .................... Mile Markers 772.8–772.4. Marquette Independence Day Celebration. Marquette, IA ..................... Mile Markers 635.7–634.2. Stars and Stripes ..................................... Guttenberg, IA ................... Mile Markers 615.5 –615.0. Radio Dubuque/Dubuque JayCees Air Show and Fireworks. Dubuque, IA ...................... Mile Markers 583.0–581.0. City of East Moline Fireworks ................. East Moline, IA .................. Mile Markers 490.2–489.8. Red, White, and Boom Davenport .......... Davenport, IA .................... Mile Markers 482.7–482.0. Muscatine 4th of July Fireworks ............. Muscatine, IA ..................... Mile Markers 456.0–455.0. 16:12 May 30, 2019 Jkt 247001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\31MYP1.SGM 31MYP1 25218 Federal Register / Vol. 84, No. 105 / Friday, May 31, 2019 / Proposed Rules TABLE 2 TO § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued Date Event City, state 36. 1 day—Either on or within a week before or after July 4th. 37. 1 day—Either on or within a week before or after July 4th. 38. 3 days—Either on or within a week before or after July 4th. 39. 1 day—Second weekend of July. 40. 2 days—Third weekend of July. 41. 1 day—Fourth weekend of July. 42. 1 day—Second weekend of August. 43. 2 days—First weekend of September. 44. 1 day—First weekend of September. Louisiana July 4th Fireworks ................... Louisiana, MO ................... Mile Markers 283.0–282.0. Mississippi Fireworks Festival ................. Alton, IL ............................. Mile Markers 203.0–202.5. Fair St. Louis ........................................... St. Louis, MO .................... Mile Markers 180.0–179.2. Prairie du Chien Fireworks ...................... Prairie du Chien, WI .......... Mile Markers 635.7–635.2. Hastings Rivertown Days ........................ Hastings, MN ..................... Mile Markers 815.2–813.7. Aquatennial Fireworks ............................. Minneapolis, MN ................ Mile Markers 854.2–853.2. Lansing Fish Days Fireworks .................. Lansing, IA ........................ Mile Markers 663.9–662.8. City of Keithsburg Fireworks ................... Keithsburg, IL .................... Mile Markers 427.5–427.3. Lumiere Place Labor Day Fireworks ....... St. Louis, MO .................... Mile Markers 180.5–180.0. Dated: April 24, 2019. S.A. Stoermer, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River. [FR Doc. 2019–11452 Filed 5–30–19; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2019–0301; FRL–9994–02Region 6] Air Plan Approval; Arkansas; Revisions to State Implementation Plan Permitting Programs Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the Arkansas State Implementation Plan (SIP) Permitting Programs submitted on October 24, 2002, July 26, 2010, November 6, 2012, and March 24, 2017. Most of the revisions are administrative in nature and make the SIP current with Federal rules. In addition, the revisions add permit flexibility provisions to the NSR program. This proposed action is consistent with the requirements of section 110 of the CAA. DATES: Written comments must be received on or before July 1, 2019. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2019–0301, at https:// khammond on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:12 May 30, 2019 Jkt 247001 www.regulations.gov or via email to mohr.ashley@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact Ashley Mohr, 214–665–7289, mohr.ashley@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https:// www.epa.gov/dockets/commenting-epadockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at the EPA Region 6 Office, 1201 Elm Street, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 Safety zone FOR FURTHER INFORMATION CONTACT: Ashley Mohr, EPA Region 6 Office, Air Permits Section, 1201 Elm Street, Dallas, TX 75202, 214–665–7289, mohr.ashley@epa.gov. To inspect the hard copy materials, please schedule an appointment with Ms. Mohr or Mr. Bill Deese at 214–665–7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. I. Background The EPA is proposing approval of SIP revisions submitted by Arkansas on October 24, 2002, July 26, 2010, November 6, 2012, and March 24, 2017. The proposed revisions addressed in this action include administrative revisions, revisions that make the Arkansas SIP current with Federal rules, and revisions that add permit flexibility provisions to the NSR program. Also, included in this action is the proposed approval of revisions to the Arkansas SIP that address EPA’s previous 2016 disapproval related to biomass deferral language. The specific provisions addressed in this action are discussed below. A. October 24, 2002 Submittal On October 24, 2002, Arkansas submitted revisions to the SIP that included changes enacted at Reg. 26, Chapters 3, 4, and 6. These revisions were adopted by the Arkansas Pollution Control & Ecology Commission on August 23, 2002, and became effective on September 26, 2002. This action is the EPA’s first action on the October 24, 2002 SIP revision E:\FR\FM\31MYP1.SGM 31MYP1

Agencies

[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Proposed Rules]
[Pages 25212-25218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11452]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1009]
RIN 1625-AA00


Safety Zones; Sector Upper Mississippi River Annual and Recurring 
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to amend and update its tables of 
annual and recurring safety zones that take place within the Eighth 
Coast Guard District listed in our regulations. We invite your comments 
on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 1, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-1009 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION: section for 
further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Captain of the Port Sector Upper Mississippi River (COTP) 
proposes to amend and update section 165.801 Table 2 of Title 33 of the 
Code of Federal Regulations (CFR) (33 CFR 165.801 Table 2) titled 
Sector Upper Mississippi River Annual and Recurring Safety Zones to 
accurately reflect safety zones occurring on a regular basis in the 
Sector Upper Mississippi River Captain of the Port Zone. We propose to 
remove four safety zones that are no longer necessary. In addition, the 
COTP proposes to amend Table 2 by updating details of all safety zones. 
The updated details of all safety zones include correcting errors in 
the names of twelve safety zones, re-defining the date of safety zones 
for fireworks displays for 4th of July celebrations to permit greater 
flexibility in planning of these events, correcting errors in the 
nearest city for nine safety zones, and removing sponsor names from all 
safety zones. Finally, the COTP proposes to amend Table 2 by 
rearranging the Table to display safety zones first by the body of 
water on which they take place (alphabetically), second by the date(s) 
on which those safety zones will be enforced, and third by mile marker 
(descending).
    This proposed rule would ensure that the public is informed of 
annual and recurring safety zones taking place within the Sector Upper 
Mississippi River Captain of the Port Zone, that the table of annual 
and recurring safety zones is easy to read, and would considerably 
reduce administrative burden to both the Coast Guard and those 
requesting the enforcement of recurring safety zones. The Coast Guard 
is proposing this rulemaking under the authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).
    The Coast Guard encourages the public to participate in this 
proposed rulemaking through the comment process so that any necessary 
changes not already contained in this proposed rule, can be identified 
and implemented in a timely and efficient manner.

III. Discussion of Proposed Rule

    Section 165.801 of Title 33 CFR contains regulations related to 
annual and recurring safety zones. From time to time, this section 
requires amendment to properly reflect safety zones recurring within 
the Eighth Coast Guard District. This proposed rule would remove four 
safety zones that are no longer necessary, update details for all 
safety zones to include the correction of

[[Page 25213]]

twelve names, re-defining the date of safety zones for fireworks 
displays for 4th of July celebrations to permit greater flexibility in 
planning of these events, correcting errors in the nearest city for 
nine safety zones, removing sponsor names from all safety zones, and 
rearrange the Table to display safety zones first by the body of water 
on which they take place (alphabetically), second by the date(s) on 
which those safety zones will be enforced, and third by mile marker 
(descending).The proposed changes are as follows.
    This proposed rule would remove the following four safety zones 
from Table 2 of 33 CFR 165.801:

----------------------------------------------------------------------------------------------------------------
                                                                      Sector upper
                 Date                        Sponsor/name          Mississippi River           Safety zone
                                                                        location
----------------------------------------------------------------------------------------------------------------
3. 1 day--2nd weekend of June........  City of Champlin/Father  Champlin, MN...........  Upper Mississippi River
                                        Hennepin Fireworks                                mile marker 870.5 to
                                        Display.                                          872.0.
34. 1 day--4th of July weekend.......  McGregor/Marquette       McGregor, IA...........  Upper Mississippi River
                                        Chamber Commerce/                                 mile marker 635.7 to
                                        Independence Day                                  634.2.
                                        Celebration.
35. 2 days--2nd weekend in August....  Tug Committee/Great      Port Byron, IL.........  Upper Mississippi River
                                        River Tug.                                        mile marker 497.2 to
                                                                                          497.6 (Illinois).
39. 2 days--Weekend that precedes      Lake of the Ozarks       Lake of the Ozarks, MO.  Lake of the Ozarks mile
 Labor Day Weekend.                     Shootout, Inc./Lake of                            marker 032.5 to 034.5.
                                        the Ozarks Shootout.
----------------------------------------------------------------------------------------------------------------

    This proposed rule would update the details of all safety zones in 
Table 2 of 33 CFR 165.801 and reorganize the table as follows:

----------------------------------------------------------------------------------------------------------------
                 Date                           Event                 City, state              Safety zone
----------------------------------------------------------------------------------------------------------------
                                                 Illinois River
----------------------------------------------------------------------------------------------------------------
1. 1 day--Either on or within a week   Red, White, and Boom     Peoria, IL.............  Mile Markers 162.5-
 before or after July 4th.              Peoria.                                           162.1.
2. 1 day--Either on or within a week   Grafton Chamber 4th of   Grafton, IL............  Mile Markers 1.5-0.5.
 before or after July 4th.              July Fireworks.
----------------------------------------------------------------------------------------------------------------
                                               Lake of the Ozarks
----------------------------------------------------------------------------------------------------------------
3. 1 day--Last Sunday of May.........  Tan-Tar-A Resort         Osage Beach, MO........  Mile Markers 26.2-25.8.
                                        Memorial Day Fireworks.
4. 1 day--Last Sunday of May.........  Lodge of the Four        Lake Ozark, MO.........  Mile Markers 14.2-13.8.
                                        Seasons Memorial Day
                                        Fireworks.
5. 1 day--Either on or within a week   Tan-Tar-A Resort 4th of  Osage Beach, MO........  Mile Markers 26.2-25.8.
 before or after July 4th.              July Fireworks.
6. 1 day--Either on or within a week   Lodge of the Four        Lake Ozark, MO.........  Mile Markers 14.2-13.8.
 before or after July 4th.              Seasons 4th of July
                                        Fireworks.
7. 1 day--First weekend of September.  Tan-Tar-A Resort Labor   Osage Beach, MO........  Mile Markers 26.2-25.8.
                                        Day Fireworks.
8. 1 day--First weekend of September.  Lodge of the Four        Lake Ozark, MO.........  Mile Markers 14.2-13.8.
                                        Seasons Labor Day
                                        Fireworks.
----------------------------------------------------------------------------------------------------------------
                                                 Missouri River
----------------------------------------------------------------------------------------------------------------
9. 1 day--Either the last weekend of   KC Riverfest...........  Kansas City, MO........  Mile Markers 365.5-
 June or first weekend of July.                                                           364.8.
10. 1 day--Either on or within a week  Parkville 4th of July    Parkville, MO..........  Mile Markers 378.0-
 before or after July 4th.              Fireworks.                                        377.5.
11. 1 day--Either on or within a week  Salute to America......  Jefferson City, MO.....  Mile Markers 143.5 to
 before or after July 4th.                                                                143.0.
12. 1 day--Either on or within a week  Hermann 4th of July      Hermann, MO............  Mile Markers 98.0 to
 before or after July 4th.              Fireworks.                                        97.0.
13. 2 days--Either on or within a      St. Charles Riverfest..  St. Charles, MO........  Mile Markers 28.8 to
 week before or after July 4th.                                                           28.2.
14. 2 days--Third weekend of July....  Amelia Earhart Festival  Atchison, KS...........  Mile Markers 424.5 to
                                                                                          422.0.
15. 2 days--Third weekend of           Riverside Riverfest....  Riverside, MO..........  Mile Markers 372.2-
 September.                                                                               371.8.

[[Page 25214]]

 
16. 1 day--The weekend before          Parkville Christmas on   Parkville, MO..........  Mile Markers 378.0-
 Thanksgiving.                          the River.                                        377.5.
----------------------------------------------------------------------------------------------------------------
                                                 St. Croix River
----------------------------------------------------------------------------------------------------------------
17. 1 day--Either the last weekend of  Hudson Booster Days....  Hudson, WI.............  Mile Markers 17.2-16.8.
 June or first weekend of July.
18. 1 day--Either on or within a week  Stillwater 4th of July.  Stillwater, MN.........  Mile Markers 23.5-22.9.
 before or after July 4th.
19. 4 days--Third week of July.......  Lumberjack Days........  Stillwater, MN.........  Mile Markers 23.5-22.9.
----------------------------------------------------------------------------------------------------------------
                                             Upper Mississippi River
----------------------------------------------------------------------------------------------------------------
20. 1 day--Fourth weekend of May.....  Lumiere Place Memorial   St. Louis, MO..........  Mile Markers 180.5-
                                        Day Fireworks.                                    180.0.
21. 1 day--First weekend of June.....  St. Louis Brewers Guild  St. Louis, MO..........  Mile Markers 180-179.2.
                                        Festival Fireworks.
22. 1 day--Third Sunday of June......  Burlington Steamboat     Burlington, IA.........  Mile Markers 404.5-
                                        Days.                                             403.5.
23. 1 day--The Sunday of Father's Day  Winona Steamboat Days    Winona, MN.............  Mile Markers 725.7-
 weekend.                               Fireworks.                                        725.4.
24. 1 day--Either the last weekend of  Bellevue Heritage Days.  Bellevue, IA...........  Mile Markers 556.5-
 June or first weekend of July.                                                           556.5.
25. 4 days--Either the first or        La Crosse Riverfest Air  La Crosse, WI..........  Mile Markers 698.5-
 second week of July.                   Show and Fireworks.                               697.5.
26. 1 day--First weekend of July.....  Lumiere Place 4th of     St. Louis, MO..........  Mile Markers 180.5-
                                        July Fireworks.                                   180.0.
27. 1 day--Either on or within a week  Red, White, and Boom     Minneapolis, MN........  Mile Markers 854.5-
 before or after July 4th.              Minneapolis.                                      853.5.
28. 1 day--Either on or within a week  Mississippi Alumination  Red Wing, MN...........  Mile Markers 791.2 -
 before or after July 4th.                                                                790.8.
29. 1 day-Either on or within a week   Lake City 4th of July    Lake City, MN..........  Mile Markers 772.8-
 before or after July 4th.              Fireworks.                                        772.4.
30. 1 day--Either on or within a week  Marquette Independence   Marquette, IA..........  Mile Markers 635.7-
 before or after July 4th.              Day Celebration.                                  634.2.
31. 1 day--Either on or within a week  Stars and Stripes......  Guttenberg, IA.........  Mile Markers 615.5 -
 before or after July 4th.                                                                615.0.
32. 1 day--Either on or within a week  Radio Dubuque/Dubuque    Dubuque, IA............  Mile Markers 583.0-
 before or after July 4th.              JayCees Air Show and                              581.0.
                                        Fireworks.
33. 1 day--Either on or within a week  City of East Moline      East Moline, IA........  Mile Markers 490.2-
 before or after July 4th.              Fireworks.                                        489.8.
34. 1 day--Either on or within a week  Red, White, and Boom     Davenport, IA..........  Mile Markers 482.7-
 before or after July 4th.              Davenport.                                        482.0.
35. 1 day--Either on or within a week  Muscatine 4th of July    Muscatine, IA..........  Mile Markers 456.0-
 before or after July 4th.              Fireworks.                                        455.0.
36. 1 day--Either on or within a week  Louisiana July 4th       Louisiana, MO..........  Mile Markers 283.0-
 before or after July 4th.              Fireworks.                                        282.0.
37. 1 day--Either on or within a week  Mississippi Fireworks    Alton, IL..............  Mile Markers 203.0-
 before or after July 4th.              Festival.                                         202.5.
38. 3 days--Either on or within a      Fair St. Louis.........  St. Louis, MO..........  Mile Markers 180.0-
 week before or after July 4th.                                                           179.2.
39. 1 day--Second weekend of July....  Prairie du Chien         Prairie du Chien, WI...  Mile Markers 635.7-
                                        Fireworks.                                        635.2.
40. 2 days--Third weekend of July....  Hastings Rivertown Days  Hastings, MN...........  Mile Markers 815.2-
                                                                                          813.7.
41. 1 day--Fourth weekend of July....  Aquatennial Fireworks..  Minneapolis, MN........  Mile Markers 854.2-
                                                                                          853.2.

[[Page 25215]]

 
42. 1 day--Second weekend of August..  Lansing Fish Days        Lansing, IA............  Mile Markers 663.9-
                                        Fireworks.                                        662.8.
43. 2 days--First weekend of           City of Keithsburg       Keithsburg, IL.........  Mile Markers 427.5-
 September.                             Fireworks.                                        427.3.
44. 1 day--First weekend of September  Lumiere Place Labor Day  St. Louis, MO..........  Mile Markers 180.5-
                                        Fireworks.                                        180.0.
----------------------------------------------------------------------------------------------------------------

    The effect of this proposed rule would be to restrict general 
navigation for a duration of time during the listed dates in accordance 
with the regulations in 33 CFR 165.801. The proposed recurring safety 
zones are necessary to provide for the safety of life on navigable 
waters during events which pose a risk to persons and vessels operating 
on the waterway.

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 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 safety zones that will be in place during the 
listed events. The enforcement of these safety zones would be limited 
in size and duration necessary to ensure the safety of life during the 
listed events. Additionally, this proposed rule would only modify the 
existing tables of events by removing four safety zones that no longer 
take place, updating the details of safety zones to ensure they are 
current and accurate, and modifying the safety zone table 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 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 
safety zones 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 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 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. 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 contact 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 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 the amendment of existing 
safety zone tables found in 33 CFR 165.801 to accurately reflect 
recurring safety zones occurring on a regular basis within the Eighth 
Coast Guard District.

[[Page 25216]]

Normally such actions are categorically excluded from further review 
under paragraph L60(b) of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01, for which a Record of Environmental 
Consideration is not required. However, prior to the activation of any 
listed safety zone, a complete environmental review will be conducted 
in accordance with DHS Instruction Manual 023-01-001-01, Rev.01 and 
Commandant Instruction M16475.1D. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

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.

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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1

0
2. Revise Table 2 to Sec.  165.801 as follows:

           Table 2 to Sec.   165.801--Sector Upper Mississippi River Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                 Date                           Event                 City, state              Safety zone
----------------------------------------------------------------------------------------------------------------
                                                 Illinois River
----------------------------------------------------------------------------------------------------------------
1. 1 day--Either on or within a week   Red, White, and Boom     Peoria, IL.............  Mile Markers 162.5-
 before or after July 4th.              Peoria.                                           162.1.
2. 1 day--Either on or within a week   Grafton Chamber 4th of   Grafton, IL............  Mile Markers 1.5-0.5.
 before or after July 4th.              July Fireworks.
----------------------------------------------------------------------------------------------------------------
                                               Lake of the Ozarks
----------------------------------------------------------------------------------------------------------------
3. 1 day--Last Sunday of May.........  Tan-Tar-A Resort         Osage Beach, MO........  Mile Markers 26.2-25.8.
                                        Memorial Day Fireworks.
4. 1 day--Last Sunday of May.........  Lodge of the Four        Lake Ozark, MO.........  Mile Markers 14.2-13.8.
                                        Seasons Memorial Day
                                        Fireworks.
5. 1 day--Either on or within a week   Tan-Tar-A Resort 4th of  Osage Beach, MO........  Mile Markers 26.2-25.8.
 before or after July 4th.              July Fireworks.
6. 1 day--Either on or within a week   Lodge of the Four        Lake Ozark, MO.........  Mile Markers 14.2-13.8.
 before or after July 4th.              Seasons 4th of July
                                        Fireworks.
7. 1 day--First weekend of September.  Tan-Tar-A Resort Labor   Osage Beach, MO........  Mile Markers 26.2-25.8.
                                        Day Fireworks.
8. 1 day--First weekend of September.  Lodge of the Four        Lake Ozark, MO.........  Mile Markers 14.2-13.8.
                                        Seasons Labor Day
                                        Fireworks.
----------------------------------------------------------------------------------------------------------------
                                                 Missouri River
----------------------------------------------------------------------------------------------------------------
9. 1 day--Either the last weekend of   KC Riverfest...........  Kansas City, MO........  Mile Markers 365.5-
 June or first weekend of July.                                                           364.8.
10. 1 day--Either on or within a week  Parkville 4th of July    Parkville, MO..........  Mile Markers 378.0-
 before or after July 4th.              Fireworks.                                        377.5.

[[Page 25217]]

 
11. 1 day--Either on or within a week  Salute to America......  Jefferson City, MO.....  Mile Markers 143.5 to
 before or after July 4th.                                                                143.0.
12. 1 day--Either on or within a week  Hermann 4th of July      Hermann, MO............  Mile Markers 98.0 to
 before or after July 4th.              Fireworks.                                        97.0.
13. 2 days--Either on or within a      St. Charles Riverfest..  St. Charles, MO........  Mile Markers 28.8 to
 week before or after July 4th.                                                           28.2.
14. 2 days--Third weekend of July....  Amelia Earhart Festival  Atchison, KS...........  Mile Markers 424.5 to
                                                                                          422.0.
15. 2 days--Third weekend of           Riverside Riverfest....  Riverside, MO..........  Mile Markers 372.2-
 September.                                                                               371.8.
16. 1 day--The weekend before          Parkville Christmas on   Parkville, MO..........  Mile Markers 378.0-
 Thanksgiving.                          the River.                                        377.5.
----------------------------------------------------------------------------------------------------------------
                                                 St. Croix River
----------------------------------------------------------------------------------------------------------------
17. 1 day--Either the last weekend of  Hudson Booster Days....  Hudson, WI.............  Mile Markers 17.2-16.8.
 June or first weekend of July.
18. 1 day--Either on or within a week  Stillwater 4th of July.  Stillwater, MN.........  Mile Markers 23.5-22.9.
 before or after July 4th.
19. 4 days--Third week of July.......  Lumberjack Days........  Stillwater, MN.........  Mile Markers 23.5-22.9.
----------------------------------------------------------------------------------------------------------------
                                             Upper Mississippi River
----------------------------------------------------------------------------------------------------------------
20. 1 day--Fourth weekend of May.....  Lumiere Place Memorial   St. Louis, MO..........  Mile Markers 180.5-
                                        Day Fireworks.                                    180.0.
21. 1 day--First weekend of June.....  St. Louis Brewers Guild  St. Louis, MO..........  Mile Markers 180-179.2.
                                        Festival Fireworks.
22. 1 day--Third Sunday of June......  Burlington Steamboat     Burlington, IA.........  Mile Markers 404.5-
                                        Days.                                             403.5.
23. 1 day--The Sunday of Father's Day  Winona Steamboat Days    Winona, MN.............  Mile Markers 725.7-
 weekend.                               Fireworks.                                        725.4.
24. 1 day--Either the last weekend of  Bellevue Heritage Days.  Bellevue, IA...........  Mile Markers 556.5-
 June or first weekend of July.                                                           556.5.
25. 4 days--Either the first or        La Crosse Riverfest Air  La Crosse, WI..........  Mile Markers 698.5-
 second week of July.                   Show and Fireworks.                               697.5.
26. 1 day--First weekend of July.....  Lumiere Place 4th of     St. Louis, MO..........  Mile Markers 180.5-
                                        July Fireworks.                                   180.0.
27. 1 day--Either on or within a week  Red, White, and Boom     Minneapolis, MN........  Mile Markers 854.5-
 before or after July 4th.              Minneapolis.                                      853.5.
28. 1 day--Either on or within a week  Mississippi Alumination  Red Wing, MN...........  Mile Markers 791.2 -
 before or after July 4th.                                                                790.8.
29. 1 day--Either on or within a week  Lake City 4th of July    Lake City, MN..........  Mile Markers 772.8-
 before or after July 4th.              Fireworks.                                        772.4.
30. 1 day--Either on or within a week  Marquette Independence   Marquette, IA..........  Mile Markers 635.7-
 before or after July 4th.              Day Celebration.                                  634.2.
31. 1 day--Either on or within a week  Stars and Stripes......  Guttenberg, IA.........  Mile Markers 615.5 -
 before or after July 4th.                                                                615.0.
32. 1 day--Either on or within a week  Radio Dubuque/Dubuque    Dubuque, IA............  Mile Markers 583.0-
 before or after July 4th.              JayCees Air Show and                              581.0.
                                        Fireworks.
33. 1 day--Either on or within a week  City of East Moline      East Moline, IA........  Mile Markers 490.2-
 before or after July 4th.              Fireworks.                                        489.8.
34. 1 day--Either on or within a week  Red, White, and Boom     Davenport, IA..........  Mile Markers 482.7-
 before or after July 4th.              Davenport.                                        482.0.
35. 1 day--Either on or within a week  Muscatine 4th of July    Muscatine, IA..........  Mile Markers 456.0-
 before or after July 4th.              Fireworks.                                        455.0.

[[Page 25218]]

 
36. 1 day--Either on or within a week  Louisiana July 4th       Louisiana, MO..........  Mile Markers 283.0-
 before or after July 4th.              Fireworks.                                        282.0.
37. 1 day--Either on or within a week  Mississippi Fireworks    Alton, IL..............  Mile Markers 203.0-
 before or after July 4th.              Festival.                                         202.5.
38. 3 days--Either on or within a      Fair St. Louis.........  St. Louis, MO..........  Mile Markers 180.0-
 week before or after July 4th.                                                           179.2.
39. 1 day--Second weekend of July....  Prairie du Chien         Prairie du Chien, WI...  Mile Markers 635.7-
                                        Fireworks.                                        635.2.
40. 2 days--Third weekend of July....  Hastings Rivertown Days  Hastings, MN...........  Mile Markers 815.2-
                                                                                          813.7.
41. 1 day--Fourth weekend of July....  Aquatennial Fireworks..  Minneapolis, MN........  Mile Markers 854.2-
                                                                                          853.2.
42. 1 day--Second weekend of August..  Lansing Fish Days        Lansing, IA............  Mile Markers 663.9-
                                        Fireworks.                                        662.8.
43. 2 days--First weekend of           City of Keithsburg       Keithsburg, IL.........  Mile Markers 427.5-
 September.                             Fireworks.                                        427.3.
44. 1 day--First weekend of September  Lumiere Place Labor Day  St. Louis, MO..........  Mile Markers 180.5-
                                        Fireworks.                                        180.0.
----------------------------------------------------------------------------------------------------------------


    Dated: April 24, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2019-11452 Filed 5-30-19; 8:45 am]
BILLING CODE 9110-04-P