Safety Zone; Upper Mississippi River, Miles 483 to 484, Rock Island, IL, 31202-31204 [2019-13947]
Download as PDF
< 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 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
1. The authority citation for part 165
continues to read as follows:
zone will be enforced at the same times
on July 5, 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
Buffalo 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
Buffalo or his or her designated onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo 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 Buffalo
or his or her on-scene representative to
obtain permission to do so. The Captain
of the Port Buffalo or his or her on-scene
representative may be contacted via
VHF Channel 16 or alternatively they
may contact the Captain of the Port
Buffalo via landline at 716–843–9525.
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 Buffalo,
or his or her on-scene representative.
Dated: June 25, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2019–13949 Filed 6–28–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
■
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.T09–0465 to read as
follows:
■
§ 165.T09–0465 Safety Zone; Canalside 4th
of July, Lake Erie, Buffalo, NY.
(a) Location. The safety zone will
encompass all waters of Lake Erie at the
Buffalo Outer Harbor; Buffalo, NY
contained within a 560-foot radius of:
42°52′07.93″ N, 078°53′01.86″ W.
(b) Enforcement period. The
regulation in this section will be
enforced from 10 p.m. through 10:30
p.m. on July 4, 2019. In the case of
inclement weather on July 4, the safety
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
33 CFR Part 165
[Docket Number USCG–2019–0513]
RIN 1625–AA00
Safety Zone; Upper Mississippi River,
Miles 483 to 484, Rock Island, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Upper
Mississippi River between Mile Marker
(MM) 483 and MM 484. The safety zone
is needed to protect personnel, vessels,
and the marine environment from
potential hazards created by a fireworks
display. Entry of vessels or persons into
this zone is prohibited unless
SUMMARY:
E:\FR\FM\01JYR1.SGM
01JYR1
Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
specifically authorized by the Captain of
the Port Sector Upper Mississippi River
or a designated representative.
DATES: This rule is effective from 9 p.m.
to 10:30 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–
0513 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Christian
Barger, Sector Upper Mississippi River
Waterways Management Division, U.S.
Coast Guard; telephone 314–269–2560,
email Christian.J.Barger@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
khammond on DSKBBV9HB2PROD with RULES
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
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. Recent flooding in the
area prompted the need for a sudden
change in the launch site for the annual
fireworks display from the location
published in 33 CFR 165.801 Table 2,
Line 19, Davenport One Chamber, Red
White and Boom to a location
approximately one-half mile up-river
and immediate action is needed to
respond to the potential safety hazards
associated with the fireworks display. It
is impracticable to publish an NPRM
because we must establish this safety
zone by July 3, 2019 and lack sufficient
time to provide a reasonable comment
period and then consider those
comments before issuing this rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
VerDate Sep<11>2014
15:54 Jun 28, 2019
Jkt 247001
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 the potential
safety hazards associated with the
change in the fireworks display
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 a fireworks display on
July 3, 2019 will be a safety concern for
anyone on the Upper Mississippi River
between Mile Marker (MM) 483 and
MM 484. This rule resulted from a
sudden change in the launch site for the
fireworks display from the location
published in 33 CFR 165.801 Table 2,
line 19, Davenport One Chamber, Red
White and Boom. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone before,
during, and after the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9 p.m. until 10:30 p.m. on July 3,
2019. The safety zone will cover all
navigable waters of the Upper
Mississippi River between MM 483 and
484. The duration of the zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters before, during, and
after an annual fireworks display. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative. 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.
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
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
31203
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 duration and location of
the temporary safety zone. This action
involves an annually recurring
fireworks display that is only changing
location to a site approximately one-half
mile up-river due to recent flooding in
the area and only impacts a one-mile
stretch of the Upper Mississippi River
for a short amount of time. All other
details of this event remain as published
in 33 CFR 165.801 Table 2, line 19,
Davenport One Chamber, Red White
and Boom.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
E:\FR\FM\01JYR1.SGM
01JYR1
31204
Federal Register / Vol. 84, No. 126 / Monday, July 1, 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).
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.
khammond on DSKBBV9HB2PROD with RULES
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.
VerDate Sep<11>2014
15:54 Jun 28, 2019
Jkt 247001
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 one and one-half hours that
will prohibit entry on the Upper
Mississippi River between MM 483 and
MM 484. It is categorically excluded
from further review under paragraph
L60(d) 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 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
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.T08–0513 to read as
follows:
■
§ 165.T08–0513 Safety Zone; Upper
Mississippi River, Miles 483 to 483, Rock
Island, IL.
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Mississippi River between Mile
Marker (MM) 483 and MM 484.
(b) Period of enforcement. This
section will be enforced from 9 p.m.
through 10:30 p.m. on July 3, 2019.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
(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.
Dated: June 25, 2019.
R.M. Scott,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019–13947 Filed 6–28–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0176; FRL–9995–44–
Region 6]
Air Plan Approval; New Mexico;
Albuquerque/Bernalillo County; Minor
New Source Review (NSR)
Preconstruction Permitting Program
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving revisions to the New
Mexico State Implementation Plan (SIP)
for the City of Albuquerque-Bernalillo
County minor New Source Review
(NSR) program submitted on January 18,
2018. The EPA is also converting our
earlier conditional approval of the
SUMMARY:
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Rules and Regulations]
[Pages 31202-31204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13947]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0513]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Miles 483 to 484, Rock
Island, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Upper Mississippi River between Mile Marker
(MM) 483 and MM 484. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by a
fireworks display. Entry of vessels or persons into this zone is
prohibited unless
[[Page 31203]]
specifically authorized by the Captain of the Port Sector Upper
Mississippi River or a designated representative.
DATES: This rule is effective from 9 p.m. to 10:30 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-
2019-0513 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Christian Barger, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone 314-269-2560, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
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 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. Recent flooding
in the area prompted the need for a sudden change in the launch site
for the annual fireworks display from the location published in 33 CFR
165.801 Table 2, Line 19, Davenport One Chamber, Red White and Boom to
a location approximately one-half mile up-river and immediate action is
needed to respond to the potential safety hazards associated with the
fireworks display. It is impracticable to publish an NPRM because we
must establish this safety zone by July 3, 2019 and lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing this rule.
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 the potential safety hazards associated
with the change in the fireworks display 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 a fireworks display on July 3, 2019 will be a safety
concern for anyone on the Upper Mississippi River between Mile Marker
(MM) 483 and MM 484. This rule resulted from a sudden change in the
launch site for the fireworks display from the location published in 33
CFR 165.801 Table 2, line 19, Davenport One Chamber, Red White and
Boom. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone before,
during, and after the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 9 p.m. until 10:30 p.m. on
July 3, 2019. The safety zone will cover all navigable waters of the
Upper Mississippi River between MM 483 and 484. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters before, during, and after an
annual fireworks display. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative. 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.
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 duration and
location of the temporary safety zone. This action involves an annually
recurring fireworks display that is only changing location to a site
approximately one-half mile up-river due to recent flooding in the area
and only impacts a one-mile stretch of the Upper Mississippi River for
a short amount of time. All other details of this event remain as
published in 33 CFR 165.801 Table 2, line 19, Davenport One Chamber,
Red White and Boom.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture
[[Page 31204]]
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 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 one and one-half
hours that will prohibit entry on the Upper Mississippi River between
MM 483 and MM 484. It is categorically excluded from further review
under paragraph L60(d) 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
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.T08-0513 to read as follows:
Sec. 165.T08-0513 Safety Zone; Upper Mississippi River, Miles 483 to
483, Rock Island, IL.
(a) Location. The following area is a safety zone: All navigable
waters of the Upper Mississippi River between Mile Marker (MM) 483 and
MM 484.
(b) Period of enforcement. This section will be enforced from 9
p.m. through 10:30 p.m. on July 3, 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.
Dated: June 25, 2019.
R.M. Scott,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Upper
Mississippi River.
[FR Doc. 2019-13947 Filed 6-28-19; 8:45 am]
BILLING CODE 9110-04-P
