Safety Zone; Lower Mississippi River, Ohio River, and Upper Mississippi River, Bird's Point-New Madrid Floodway, 29067-29069 [2019-13179]

Download as PDF Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Rules and Regulations specified times on October 23, 2019. This action is necessary and intended to protect the safety of life and property on navigable waters prior to, during, and immediately after firework displays. During the enforcement period listed below, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or a designated representative. DEPARTMENT OF HOMELAND SECURITY The regulation in 33 CFR 165.931 will be enforced from 9:25 p.m. through 9:45 p.m. on October 23, 2019. ACTION: DATES: If you have questions about this notice of enforcement, call or email LT John Ramos, Waterways Management Division, Marine Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986– 2155, email D09-DG-MSUChicagoWaterways@uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard will enforce Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL listed in 33 CFR 165.931, on October 23, 2019 from 9:25 p.m. through 9:45 p.m. This safety zone encompasses all waters of Lake Michigan within Chicago Harbor bounded by coordinates beginning at 41°53′23.3″ N, 087°36′04.5″ W; then south to 41°53′11.8″ N, 087°36′04.1″ W; then west to 41°53′12.1″ N, 087°35′40.5″ W; then north to 41°53′23.6″ N, 087°35′40.07″ W; then east back to the point of origin (NAD 83). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or a designated on-scene representative. This notice of enforcement is issued under authority of 33 CFR 165.931 and 5 U.S.C. 552 (a). In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide the maritime community with advance notification of the above-specified enforcement periods of this safety zone via Broadcast Notice to Mariners and Local Notice to Mariners. The Captain of the Port Lake Michigan or a designated on-scene representative may be contacted via Channel 16, VHF–FM or at (414) 747–7182. jspears on DSK30JT082PROD with RULES SUPPLEMENTARY INFORMATION: Dated: June 14, 2019. Thomas J. Stuhlreyer, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2019–13183 Filed 6–20–19; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 16:42 Jun 20, 2019 Jkt 247001 Coast Guard 33 CFR Part 165 [Docket No. USCG–2019–0458] Safety Zone; Seafair Air Show Performance, 2019, Seattle, WA Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: The Coast Guard will enforce the annual Seafair Air Show Performance safety zone on Lake Washington, Seattle, WA daily, from 8 a.m. until 4 p.m., from August 1, 2019, through August 4, 2019. This action is necessary to ensure the safety of the public from inherent dangers associated with these annual aerial displays. During the enforcement period, no person or vessel may enter or transit this safety zone unless authorized by the Captain of the Port or her designated representative. SUMMARY: The regulations in 33 CFR 165.1319 will be enforced daily, from 8 a.m. until 4 p.m., from August 1, 2019, through August 4, 2019. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Lieutenant Ellie Wu, Sector Puget Sound Waterways Management Division, Coast Guard; telephone (206) 217–6051, email SectorPugetSoundWWM@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Seafair Air Show Performance safety zone in 33 CFR 165.1319 daily, from 8 a.m. until 4 p.m., from August 1, 2019, through August 4, 2019, unless canceled sooner by the Captain of the Port. Under the provisions of 33 CFR 165.1319, the following area is designated as a safety zone: All waters of Lake Washington south of the Interstate 90 Floating West Bound Bridge and north of the points between Bailey Peninsula at 47°33′14.4″ N, 122°14′47.3″ and Mercer Island at 47°33′24.5″ N, 122°13′52.5″ W. The specific boundaries of the safety zone are listed in 33 CFR 165.1319(b). In accordance with the general regulations in 33 CFR part 165, subpart C, no person or vessel may enter or remain in the zone except for support vessels and support personnel, vessels registered with the event organizer, or other vessels authorized by the Captain of the Port or Designated Representatives. Vessels and persons granted authorization to enter the safety DATES: PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 29067 zone must obey all lawful orders or directions made by the Captain of the Port or her designated representative. The Captain of the Port may be assisted by other federal, state and local law enforcement agencies in enforcing this regulation. In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide the maritime community with advanced notification of the safety zone via the Local Notice to Mariners and marine information broadcasts on the day of the event. If the COTP determines that the safety zone need not be enforced for the full duration stated in this notice of enforcement, she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: June 18, 2019. L.A. Sturgis, Captain, U.S. Coast Guard, Captain of the Port Puget Sound. [FR Doc. 2019–13274 Filed 6–20–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0123] RIN 1625–AA00 Safety Zone; Lower Mississippi River, Ohio River, and Upper Mississippi River, Bird’s Point-New Madrid Floodway Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for all navigable waters of the Lower Mississippi River from mile marker (MM) 953.8 to MM 887.0, the Upper Mississippi River from MM 0.0 to MM 3.0, and the Ohio River from MM 981.5 to MM 978.5. This action is necessary to protect persons, property, and infrastructure from potential damage and the safety hazards associated with the demolition of federal levees on the Lower Mississippi River and utilization of the Bird’s Point-New Madrid Floodway. This rule prohibits the entry of vessels or persons into this temporary safety zone unless specifically authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. DATES: This rule is effective July 22, 2019. SUMMARY: E:\FR\FM\21JNR1.SGM 21JNR1 29068 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Rules and Regulations To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0123 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. ADDRESSES: If you have questions about this proposed 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. FOR FURTHER INFORMATION CONTACT: 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 jspears on DSK30JT082PROD with RULES II. Background Information and Regulatory History The purpose of this rule is to ensure the safety of vessels on the navigable waters of the Lower Mississippi River, Upper Mississippi River, and Ohio River during high water event. The United States Army Corps of Engineers informed us that it might deem it necessary to demolish certain federal levees on the Lower Mississippi River and utilize the Bird’s Point-New Madrid Floodway, to maintain the integrity of the Lower Mississippi River, Upper Mississippi River, Ohio River, and all associated tributaries. During this time, a temporary safety zone on the Lower Mississippi River, Upper Mississippi River, and Ohio River would be necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with the demolition of federal levees on the Lower Mississippi River and utilization of the Bird’s Point-New Madrid Floodway. In response, on March 25, 2019, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; Lower Mississippi River, Ohio River, and Upper Mississippi River, Bird’s PointNew Madrid Floodway (84 FR 11035). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this potential demolition of the federal levees on the Lower Mississippi River and utilization of the Bird’s Point-New Madrid Floodway. During the comment period that ended April 24, 2019, we received one comment. VerDate Sep<11>2014 16:42 Jun 20, 2019 Jkt 247001 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 hazards associated with the demolition of the federal levees on the Lower Mississippi River and re-stabilization of the waterway is a safety concern for anyone in the vicinity of the Lower Mississippi River from MM 953.8 to MM 887.0, the Upper Mississippi River from MM 0.0 to MM 3.0, and the Ohio River from MM 981.5 to MM 978.5. IV. Discussion of Comments, Changes, and the Rule As noted above, we received one comment on our NPRM published March 25, 2019. The comment affirmed the need for a safety zone during the demolition of the federal levees to protect people and vessels. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a temporary safety zone on all navigable waters of the Lower Mississippi River from MM 953.8 MM 887.0, the Upper Mississippi River from MM 0.0 to MM 3.0, and the Ohio River from MM 981.5 to MM 978.5, in the event of the demolition of the federal levees on the Lower Mississippi River and utilization of the Bird’s Point-New Madrid Floodway. 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 Local Notices to Mariners (LNMs), and/or actual notice. No vessels or persons are permitted to enter the proposed safety zone without obtaining permission from the COTP or a designated representative. 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 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 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, duration, and time-of-day of the temporary safety zone. The safety zone only impacts a relatively small portion of the waterway and will only be in effect during the demolition process and approximately 36 hours after the demolition to allow for stabilization of the waterway. After approximately 36 hours, vessels would be allowed to transit. Additionally, the safety zone will be limited to the high water event if the U.S. Army Corps of Engineers deems it necessary to demolish the federal levees on the Lower Mississippi River and utilize the Bird’s Point-New Madrid Floodway. 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 received no comments from the Small Business Administration on this rulemaking. 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 E:\FR\FM\21JNR1.SGM 21JNR1 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Rules and Regulations 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). jspears on DSK30JT082PROD with RULES 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 Order13132. 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. 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 VerDate Sep<11>2014 16:42 Jun 20, 2019 Jkt 247001 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 on all waters of the Lower Mississippi River from MM 953.8 to MM 887.0, the Upper Mississippi River from MM 0.0 to MM 3.0, and the Ohio River from MM 981.5 to MM 978.5, during demolition of the federal levees on the Lower Mississippi River and utilization of the Bird’s Point-New Madrid Floodway. It is categorically excluded from further review under paragraph L60(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. 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. MM 0.0 to MM 3.0, and the Ohio River from MM 981.5 to MM 978.5. (b) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this temporary safety zone is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. (2) To seek permission to enter, contact the COTP or a designated representative by radio VHF–FM Channel 16 or via phone at 502–779– 5422. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or a designated representative. (c) Enforcement period. 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 Local Notices to Mariners (LNMs), and/ or actual notice. Dated: June 17, 2019. A.M. Beach, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2019–13179 Filed 6–20–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard List of Subjects in 33 CFR Part 165 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: [Docket No. USCG–2019–0474] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—City of Kewaunee Fireworks Display Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone on the Kewaunee Harbor, Kewaunee, WI, for the City of Kewaunee Fireworks Display from 9 p.m. through 10 p.m. on July 3, 2019. This action is needed to better protect the safety of life on navigable waters immediately prior to, during, and after the fireworks display. During the enforcement period, entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or his or her designated representative. DATES: The regulations in 33 CFR 165.929 for the City of Kewaunee SUMMARY: 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.T846 to read as follows: § 165.T846 Safety Zone; Lower Mississippi River, Ohio River, and Upper Mississippi River, Bird’s Point-New Madrid Floodway. (a) Location. The temporary safety zone will encompass all navigable waters of the Lower Mississippi River from mile marker (MM) 953.8 to MM 887.0, the Upper Mississippi River from PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 29069 E:\FR\FM\21JNR1.SGM 21JNR1

Agencies

[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Pages 29067-29069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13179]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0123]
RIN 1625-AA00


Safety Zone; Lower Mississippi River, Ohio River, and Upper 
Mississippi River, Bird's Point-New Madrid Floodway

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Lower Mississippi River from mile marker 
(MM) 953.8 to MM 887.0, the Upper Mississippi River from MM 0.0 to MM 
3.0, and the Ohio River from MM 981.5 to MM 978.5. This action is 
necessary to protect persons, property, and infrastructure from 
potential damage and the safety hazards associated with the demolition 
of federal levees on the Lower Mississippi River and utilization of the 
Bird's Point-New Madrid Floodway. This rule prohibits the entry of 
vessels or persons into this temporary safety zone unless specifically 
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a 
designated representative.

DATES: This rule is effective July 22, 2019.

[[Page 29068]]


ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0123 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 
proposed rulemaking, call or email MST2 Dylan Caikowski, MSU Paducah, 
U.S. Coast Guard; telephone 270-442-1621 ext. 2120, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
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 purpose of this rule is to ensure the safety of vessels on the 
navigable waters of the Lower Mississippi River, Upper Mississippi 
River, and Ohio River during high water event. The United States Army 
Corps of Engineers informed us that it might deem it necessary to 
demolish certain federal levees on the Lower Mississippi River and 
utilize the Bird's Point-New Madrid Floodway, to maintain the integrity 
of the Lower Mississippi River, Upper Mississippi River, Ohio River, 
and all associated tributaries. During this time, a temporary safety 
zone on the Lower Mississippi River, Upper Mississippi River, and Ohio 
River would be necessary to protect persons, property, and 
infrastructure from potential damage and safety hazards associated with 
the demolition of federal levees on the Lower Mississippi River and 
utilization of the Bird's Point-New Madrid Floodway. In response, on 
March 25, 2019, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Safety Zone; Lower Mississippi River, Ohio 
River, and Upper Mississippi River, Bird's Point-New Madrid Floodway 
(84 FR 11035). There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to this potential 
demolition of the federal levees on the Lower Mississippi River and 
utilization of the Bird's Point-New Madrid Floodway. During the comment 
period that ended April 24, 2019, we received one comment.

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 hazards associated with the 
demolition of the federal levees on the Lower Mississippi River and re-
stabilization of the waterway is a safety concern for anyone in the 
vicinity of the Lower Mississippi River from MM 953.8 to MM 887.0, the 
Upper Mississippi River from MM 0.0 to MM 3.0, and the Ohio River from 
MM 981.5 to MM 978.5.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published March 
25, 2019. The comment affirmed the need for a safety zone during the 
demolition of the federal levees to protect people and vessels. There 
are no changes in the regulatory text of this rule from the proposed 
rule in the NPRM.
    This rule establishes a temporary safety zone on all navigable 
waters of the Lower Mississippi River from MM 953.8 MM 887.0, the Upper 
Mississippi River from MM 0.0 to MM 3.0, and the Ohio River from MM 
981.5 to MM 978.5, in the event of the demolition of the federal levees 
on the Lower Mississippi River and utilization of the Bird's Point-New 
Madrid Floodway. 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 Local Notices to Mariners (LNMs), and/or actual 
notice.
    No vessels or persons are permitted to enter the proposed safety 
zone without obtaining permission from the COTP or a designated 
representative.

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, duration, and time-of-day of the temporary safety zone. The 
safety zone only impacts a relatively small portion of the waterway and 
will only be in effect during the demolition process and approximately 
36 hours after the demolition to allow for stabilization of the 
waterway. After approximately 36 hours, vessels would be allowed to 
transit. Additionally, the safety zone will be limited to the high 
water event if the U.S. Army Corps of Engineers deems it necessary to 
demolish the federal levees on the Lower Mississippi River and utilize 
the Bird's Point-New Madrid Floodway.

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 received no comments from the Small Business 
Administration on this rulemaking. 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

[[Page 29069]]

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 
Order13132.
    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.

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 on all waters of the 
Lower Mississippi River from MM 953.8 to MM 887.0, the Upper 
Mississippi River from MM 0.0 to MM 3.0, and the Ohio River from MM 
981.5 to MM 978.5, during demolition of the federal levees on the Lower 
Mississippi River and utilization of the Bird's Point-New Madrid 
Floodway. It is categorically excluded from further review under 
paragraph L60(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.

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 record 
keeping 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.T846 to read as follows:


Sec.  165.T846  Safety Zone; Lower Mississippi River, Ohio River, and 
Upper Mississippi River, Bird's Point-New Madrid Floodway.

    (a) Location. The temporary safety zone will encompass all 
navigable waters of the Lower Mississippi River from mile marker (MM) 
953.8 to MM 887.0, the Upper Mississippi River from MM 0.0 to MM 3.0, 
and the Ohio River from MM 981.5 to MM 978.5.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this temporary safety zone is prohibited unless authorized by the 
Captain of the Port Sector Ohio Valley (COTP) or a designated 
representative.
    (2) To seek permission to enter, contact the COTP or a designated 
representative by radio VHF-FM Channel 16 or via phone at 502-779-5422. 
Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or a designated representative.
    (c) Enforcement period. 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 Local Notices to Mariners (LNMs), and/
or actual notice.

    Dated: June 17, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-13179 Filed 6-20-19; 8:45 am]
 BILLING CODE 9110-04-P