Safety Zones; Sector Upper Mississippi River Annual and Recurring Safety Zones Update, 25212-25218 [2019-11452]
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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?
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(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
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§ 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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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16:12 May 30, 2019
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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
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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.
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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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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
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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.
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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.
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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.
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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://
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SUMMARY:
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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).
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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
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]]>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 https://www.regulations.gov. If your material cannot be
submitted using https://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
