Safety Zone; Upper Mississippi River, Mile Markers 614 to 615.5, Guttenberg, IA, 27962-27964 [2019-12704]

Download as PDF 27962 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Rules and Regulations or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting only 2 hours that will prohibit entry within the established safety zone for the firework display. It is categorically excluded from further review under paragraph L[60](a) in Table 3–1 of U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. khammond on DSKBBV9HB2PROD with RULES G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. VerDate Sep<11>2014 15:54 Jun 14, 2019 Jkt 247001 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: DEPARTMENT OF HOMELAND SECURITY Coast Guard PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T09–0463 to read as follows: ■ § 165.T09–0463 Safety Zone; City of Escanaba Fireworks, Little Bay De Noc, Escanaba MI. (a) Location all navigable waters within a 700-foot radius of 45°44′15.9″ N 87°02′54.6″ W on Little Bay De Noc in Escanaba, MI. (b) Effective and enforcement period. The rule in this section is effective and will be enforced from 9 p.m. through 11 p.m. on July 6, 2019. (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or a designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Lake Michigan or a designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Lake Michigan to act on his or her behalf. (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Lake Michigan or an on-scene representative to obtain permission to do so. The Captain of the Port Lake Michigan or an on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Lake Michigan or an on-scene representative. Dated: June 12, 2019. Thomas J. Stuhlreyer, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2019–12769 Filed 6–14–19; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 33 CFR Part 165 [Docket Number USCG–2019–0285] RIN 1625–AA00 Safety Zone; Upper Mississippi River, Mile Markers 614 to 615.5, Guttenberg, IA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for the navigable waters of the Upper Mississippi River between mile markers (MM) 614 through MM 615.5 during a fireworks display on July 6, 2019. This action is necessary to provide for the safety of life on these navigable waters. This rule prohibits persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative. DATES: This rule is effective from 9 p.m. to 11:30 p.m. on July 6, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0285 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander Christian Barger, Waterways Management Division, Sector Upper Mississippi River, U.S. Coast Guard; telephone 314– 269–2560, email Christian.J.Barger@ uscg.mil. SUMMARY: 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 § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule E:\FR\FM\17JNR1.SGM 17JNR1 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Rules and Regulations without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. It is impracticable because we must establish this safety zone by July 6, 2019 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule. The NPRM process would delay the establishment of the safety zone and compromise public safety. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is needed to respond to safety hazards associated with the barge launched fireworks display at this location. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Upper Mississippi River (COTP) has determined that potential hazards associated with the fireworks to be used in this fireworks display will be a safety concern for anyone on the Upper Mississippi River between Mile Marker (MM) 614 and MM 615.5. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone before, during, and after the scheduled fireworks event. khammond on DSKBBV9HB2PROD with RULES IV. Discussion of the Rule This rule establishes a safety zone from 9 p.m. to 11:30 p.m. on July 6, 2019. The safety zone would cover all navigable waters on the Upper Mississippi River between MM 614 and MM 615.5. The duration of the zone is intended to ensure the safety of vessels on these navigable waters before, during, and after the scheduled fireworks display. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The Coast Guard will inform the public of the enforcement date and times for this safety zone, as well as any emergent safety concerns that may delay the enforcement of the zone through Broadcast Notice to Mariners (BNM), Local Notices to Mariners (LNMs), and/or actual notice. VerDate Sep<11>2014 15:54 Jun 14, 2019 Jkt 247001 V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, and duration of the safety zone. This regulatory action will impact one and one-half miles of the Upper Mississippi River between MM 614 and MM 615.5 for a period of 2 and one-half hours on one day. Additionally this rule will allow for vessels to seek permission to enter the zone on a case by case basis. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the temporary safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 27963 jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a E:\FR\FM\17JNR1.SGM 17JNR1 27964 Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Rules and Regulations State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting 21⁄2 hours that will prohibit entry on the navigable waters of the Upper Mississippi River between MM 614 and MM 615.5. It is categorically excluded from further review under paragraph L60(a) of Table 3–1 of U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 33 CFR Part 165 khammond on DSKBBV9HB2PROD with RULES 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. Jkt 247001 [Docket Number USCG–2019–0309] RIN 1625–AA00 Safety Zone; Tennessee River, Moors Resort and Marina Fireworks, Gilbertsville, KY 1. The authority citation for part 165 continues to read as follows: ■ 15:54 Jun 14, 2019 [FR Doc. 2019–12704 Filed 6–14–19; 8:45 am] Coast Guard PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS VerDate Sep<11>2014 S.A. Stoermer, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River. DEPARTMENT OF HOMELAND SECURITY For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 2. Add § 165.T08–0285 to read as follows: (a) Location. The following area is a safety zone: All navigable waters of the Upper Mississippi River between mile markers (MM) 614 and MM 615.5. (b) Period of enforcement. This section will be enforced from 9 p.m. through 11:30 p.m. on July 6, 2019. (c) Regulations. (1) In accordance with the general regulations in § 165.23, persons and vessels are prohibited from entering the safety zone unless authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Upper Mississippi River. (2) Persons or vessels desiring to enter into or pass through the zone must request permission from the COTP or a designated representative. They may be contacted by telephone at (314) 269– 2332. (3) If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. (d) Informational broadcasts. The COTP or a designated representative will inform the public of the enforcement date and times for this safety zone, as well as any emergent safety concerns that may delay the enforcement of the zone through Broadcast Notice to Mariners (BNM), Local Notices to Mariners (LNMs), and/ or actual notice. BILLING CODE 9110–04–P Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. ■ § 165.T08–0285 Safety Zone; Upper Mississippi River, Mile Markers 614 to 615.5, Guttenberg, IA. Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for certain waters of the Tennessee River. SUMMARY: PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 This action is necessary and intended to ensure safety of life on the navigable waters of the United States immediately prior to, during, and after a pyrotechnics display near Moors Resort and Marina, Gilbertsville, KY. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley or a designated representative. DATES: This rule is effective from 8:45 p.m. to 9:45 p.m. on July 3, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0309 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rulemaking, call or email MST2 Dylan Caikowski, MSU Paducah, U.S. Coast Guard; telephone 270–442–1621 ext. 2120, email STL-SMB-MSUPaducahWWM@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable. It is impracticable to publish an NPRM because this safety zone must be established by July 3, 2019, and we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio Valley (COTP) has determined that potential E:\FR\FM\17JNR1.SGM 17JNR1

Agencies

[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Rules and Regulations]
[Pages 27962-27964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12704]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0285]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Mile Markers 614 to 615.5, 
Guttenberg, IA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the navigable waters of the Upper Mississippi River between mile 
markers (MM) 614 through MM 615.5 during a fireworks display on July 6, 
2019. This action is necessary to provide for the safety of life on 
these navigable waters. This rule prohibits persons and vessels from 
entering the safety zone unless authorized by the Captain of the Port 
Sector Upper Mississippi River (COTP) or a designated representative.

DATES: This rule is effective from 9 p.m. to 11:30 p.m. on July 6, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0285 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Christian Barger, Waterways 
Management Division, Sector Upper Mississippi River, U.S. Coast Guard; 
telephone 314-269-2560, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule

[[Page 27963]]

without prior notice and opportunity to comment when the agency for 
good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 
553(b)(B), the Coast Guard finds that good cause exists for not 
publishing a notice of proposed rulemaking (NPRM) with respect to this 
rule because it is impracticable. It is impracticable because we must 
establish this safety zone by July 6, 2019 and lack sufficient time to 
provide a reasonable comment period and then consider those comments 
before issuing this rule. The NPRM process would delay the 
establishment of the safety zone and compromise public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to respond to safety hazards associated with the barge 
launched fireworks display at this location.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Upper 
Mississippi River (COTP) has determined that potential hazards 
associated with the fireworks to be used in this fireworks display will 
be a safety concern for anyone on the Upper Mississippi River between 
Mile Marker (MM) 614 and MM 615.5. The purpose of this rule is to 
ensure safety of vessels and the navigable waters in the safety zone 
before, during, and after the scheduled fireworks event.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 p.m. to 11:30 p.m. on 
July 6, 2019. The safety zone would cover all navigable waters on the 
Upper Mississippi River between MM 614 and MM 615.5. The duration of 
the zone is intended to ensure the safety of vessels on these navigable 
waters before, during, and after the scheduled fireworks display. No 
vessel or person would be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. The 
Coast Guard will inform the public of the enforcement date and times 
for this safety zone, as well as any emergent safety concerns that may 
delay the enforcement of the zone through Broadcast Notice to Mariners 
(BNM), Local Notices to Mariners (LNMs), and/or actual notice.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. This regulatory action will 
impact one and one-half miles of the Upper Mississippi River between MM 
614 and MM 615.5 for a period of 2 and one-half hours on one day. 
Additionally this rule will allow for vessels to seek permission to 
enter the zone on a case by case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
temporary safety zone may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a

[[Page 27964]]

State, local, or tribal government, in the aggregate, or by the private 
sector of $100,000,000 (adjusted for inflation) or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zone lasting 2\1/2\ hours that 
will prohibit entry on the navigable waters of the Upper Mississippi 
River between MM 614 and MM 615.5. It is categorically excluded from 
further review under paragraph L60(a) of Table 3-1 of U.S. Coast Guard 
Environmental Planning Implementing Procedures 5090.1. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0285 to read as follows:


Sec.  165.T08-0285  Safety Zone; Upper Mississippi River, Mile Markers 
614 to 615.5, Guttenberg, IA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Upper Mississippi River between mile markers (MM) 614 and 
MM 615.5.
    (b) Period of enforcement. This section will be enforced from 9 
p.m. through 11:30 p.m. on July 6, 2019.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, persons and vessels are prohibited from entering the 
safety zone unless authorized by the Captain of the Port Sector Upper 
Mississippi River (COTP) or a designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of USCG 
Sector Upper Mississippi River.
    (2) Persons or vessels desiring to enter into or pass through the 
zone must request permission from the COTP or a designated 
representative. They may be contacted by telephone at (314) 269-2332.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP or designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public of the enforcement date and times 
for this safety zone, as well as any emergent safety concerns that may 
delay the enforcement of the zone through Broadcast Notice to Mariners 
(BNM), Local Notices to Mariners (LNMs), and/or actual notice.

S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2019-12704 Filed 6-14-19; 8:45 am]
 BILLING CODE 9110-04-P