Special Local Regulations; Upper Mississippi River, 839.5 to 840.5 St. Paul, MN, 43691-43694 [2019-18110]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43691-43694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18110]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0437]
RIN 1625-AA08


Special Local Regulations; Upper Mississippi River, 839.5 to 
840.5 St. Paul, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations 
during the ``Red Bull Flugtag'' event to be held on the navigable 
waters of the Upper Mississippi River in St. Paul, MN on September 7, 
2019. These special local regulations are necessary to provide for the 
safety of life on navigable waters during the event. These special 
local regulations will establish primary and secondary exclusion areas, 
and a spectator area. Additionally, these areas will have a specific 
set of restrictions as described in Section IV.

DATES: This rule is effective 8 a.m. to 5 p.m. on September 7, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0437 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

    On May 15, 2019, Red Bull North America notified the Coast Guard 
that it will be holding a Red Bull Flugtag event on the Upper 
Mississippi River at Harriett Island Park in St. Paul, MN from 11 a.m. 
to 4 p.m. on September 7, 2019. Flugtag is a homemade, non-powered 
flying machine competition. Contestants launch their machines from a 22 
feet high platform built over the Upper Mississippi River. Potential 
hazards from this event include the temporary installation of a 
structure along the right descending bank of the river, temporary 
channel obstructions until the Flugtag machines are recovered from the 
river, and the presence of debris and persons in the water within the 
event perimeter. In response, on June 14, 2019 the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled Special Local 
Regulations, Upper Mississippi River, St. Paul MN. (84 FR 27743). 
During the comment period that ended July 15, 2019 we received three 
comments.
    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 the 
regulated area must be established by September 7, 2019 to ensure the 
safety of vessels, persons, and the navigable waters in the regulated 
area before, during, and after the scheduled event.

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 purpose of this rule is to 
ensure the safety of vessels, persons, and the navigable waters in the 
regulated area before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    The Coast Guard received three comments in response to the NPRM.
    The sponsor for the event submitted a comment via email requesting 
to extend the duration of the regulated area from 8 a.m. to 5 p.m. to 
account for the setup and break down of the event. As a result of this 
email, the duration of the regulated area has been extended.
    Another comment was received from an industry representative in 
regards to maintaining proper patrol vessel span of control to ensure 
the safety of not only the spectators and the participants, but anyone 
wishing to transit in the area. He cited issues experienced during a 
previous event. Additionally, the duration of the waterway closure was 
a concern as it would hinder commercial transit on the waterway. The 
Coast Guard acknowledges the concerns based on previous events of 
similar nature and the need to ensure an adequate number of patrol 
craft to enforce these regulations. The Coast Guard is working very 
closely with our port partners and law enforcement agencies to ensure 
adequate resources are available to maintain the safety of the event. 
Additionally, the Coast Guard is modifying the rule as proposed in the 
NPRM to establish a total of three zones. The primary and secondary 
exclusion areas will be closed to general vessel traffic from 8 a.m. to 
5 p.m., however, the spectator zone which encompasses the majority of 
the river width in the regulated area will only be regulated from 10:30 
a.m. to 4:30 p.m. The zones will be described in detail in the actual 
text of this temporary final rule.
    Another comment was received from the president of a business that 
operates passenger vessels in the area of the Flugtag event. This 
person was concerned about their ability to safely operate around the 
estimated 300 spectator vessels that could be on the waterway. As a 
result of this comment, the Coast Guard adjusted the special local 
regulation restrictions from those proposed in the NPRM to provide for 
a

[[Page 43692]]

safe passenger vessel transit area throughout the duration of the event 
as detailed below.
    With consideration to the comments received, the Coast Guard is 
establishing special local regulations on specified waters of the Upper 
Mississippi River on September 7, 2019. The regulated area extends from 
mile marker 839.5 to 840.5 across the entire width of the Upper 
Mississippi River. The regulations will be effective from 8 a.m. to 5 
p.m. for the primary and secondary exclusion areas as described below. 
The designated spectator area will be regulated from 10:30 a.m. to 4:30 
p.m.
    Within the overall regulated area, there are three unique areas, 
each with their own specific restrictions. The areas are as follows: A 
primary exclusion area, a secondary exclusion area, and a designated 
spectator area.
    The primary exclusion area, where all persons and vessels, except 
those persons and vessels participating in the competition, are 
prohibited from entering, transiting through, anchoring in, or 
remaining within, is established within lines connecting the following 
points: From point one, at position latitude 44[deg]56'23'' N, 
longitude 93[deg]05'44'' W to point two at position latitude 
44[deg]56'24'' N, longitude 93[deg]05'46'' W; from point two to point 
three at position latitude 44[deg]56'18'' N, longitude 93[deg]05'54'' 
W; and from point three to point four at position latitude 
44[deg]56'17'' N longitude 93[deg]05'52'' W. This area will be enforced 
from 8 a.m. to 5 p.m.
    The secondary exclusion area, where all persons and vessels, except 
commercial vessels are prohibited from entering, anchoring in, or 
remaining within, with the exception of continuous transverse travel 
across the area, is established within lines connecting the following 
points: From point five, at position latitude 44[deg]56'17'' N, 
longitude 93[deg]05'52'' W; to point six at position latitude 
44[deg]56'18'' N, longitude 93[deg]05'54'' W; from point six to point 
seven at latitude 44[deg]56'00'' N, longitude 93[deg]06'15'' W; from 
point seven to point eight on latitude 44[deg]55'57'' N, longitude 
93[deg]06'12'' W. This area will be enforced from 8 a.m. to 5 p.m.
    The designated spectator area is located between mile markers 840.5 
and 839.5, outside of the primary and secondary exclusion areas. All 
vessels are prohibited from transiting in excess of idle speed, unless 
authorized by the Coast Guard Patrol Commander. Spectator vessels are 
authorized to enter, transit through, anchor in, or remain within all 
waters of the spectator area from 10:30 a.m. until 4:30 p.m. Vessels 
other than spectator vessels and those directly involved in the event 
will only be allowed to safely transit the regulated area when the 
Coast Guard Patrol Commander has deemed it safe to do so. All spectator 
vessels must disperse from the navigational channel by 4:30 p.m. at 
which time the standard navigation rules will be enforced.
    Due to the need for vessel control during the event, the Coast 
Guard will temporarily restrict vessel traffic in the regulated 
exclusion area to provide for the safety of participants, spectators 
and other transiting vessels. The Coast Guard will provide notice of 
the special local regulations by Local Notice to Mariners (LNM), 
Broadcast Notice to mariners (BNM) and press release.

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 data collected 
from previous events in regards to the risk associated with this event.

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 
regulated area 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 due to the event taking place for one day, for 
a only a nine hour period and on a one mile stretch of the Upper 
Mississippi River.
    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

[[Page 43693]]

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 special local regulation lasting nine 
hours that will prohibit entry of vessels at certain zones on certain 
waters of the Upper Mississippi River. It is categorically excluded 
from further review under paragraph L61 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 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C 70041; 33 CFR 1.05-1.


0
2. Add Sec.  [thinsp]100.35-T08-0437 to read as follows:


Sec.  [thinsp]100.35-T08-0437  Special Local Regulation; Upper 
Mississippi River, 839.5 to 840.5 St. Paul, MN.

    (a) Regulated areas. The following regulated areas are established 
as special local regulations. All coordinates are North American Datum 
1983.
    (1) General regulated area. All waters of the Upper Mississippi 
River, contained within mile markers 839.5 to 840.5.
    (2) Primary exclusion area. All waters of the Upper Mississippi 
River, contained within lines connecting the following points: From 
point one, at position latitude 44[deg]56'23'' N, longitude 
93[deg]05'44'' W to point two at position latitude 44[deg]56'24'' N, 
longitude 93[deg]05'46'' W; from point two to point three at position 
latitude 44[deg]56'18'' N, longitude 93[deg]05'54'' W; and from point 
three to point four at position latitude 44[deg]56'17'' N, longitude 
93[deg]05'52'' W. This area will be enforced from 8 a.m. to 5 p.m.
    (3) Secondary exclusion area. All waters of the Upper Mississippi 
River, contained within lines connecting the following points: From 
point five, at position latitude 44[deg]56'17'' N, longitude 
93[deg]05'52'' W; to point six at position latitude 44[deg]56'18'' N, 
longitude 93[deg]05'54'' W; from point six to point seven at latitude 
44[deg]56'00'' N, longitude 93[deg]06'15'' W; from point seven to point 
eight at position latitude 44[deg]55'57'' N, longitude 93[deg]06'12'' 
W. This area will be enforced from 8 a.m. to 5 p.m.
    (3) Designated spectator area. All other waters of the Upper 
Mississippi River between mile markers 839.5 (Wabasha St. Bridge) and 
840.5 (Smith Avenue Bridge). The designated spectator area will be 
enforced from 10:30 a.m. to 4:30 p.m. Spectator vessels are required to 
disperse by 4:30 p.m. to allow the river to re-open to all vessel 
traffic.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the U.S. Coast Guard who has 
been designated by the Captain of the Port Sector Upper Mississippi 
River (COTP).
    (2) Official Patrol Craft means any vessel assigned or approved by 
the COTP with a commissioned, warrant, or petty officer on board and 
displaying a Coast Guard ensign.
    (3) Participant means all persons and vessels participating in the 
Red Bull Flugtag event under the auspices of the Marine Event Permit 
issued to the event sponsor and approved by the COTP.
    (4) Spectator means all persons and vessels not registered with the 
event sponsor as participants or official patrol who are present on the 
water to observe the event.
    (c) Special local regulations. (1) The Coast Guard Patrol Commander 
may forbid and control the movement of all vessels and persons in the 
regulated area. When hailed or signaled by an official patrol vessel, a 
vessel or person in the regulated area shall immediately comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (2) The Coast Guard Patrol Commander may terminate the event, or 
the operation of any participant in the event, at any time it is deemed 
necessary for the protection of life or property.
    (3) All Coast Guard vessels enforcing this regulated area can be 
contacted on marine band radio VHF-FM channel 16 (156.8 MHz).
    (4) Only participants and official patrol vessels are allowed to 
enter the primary exclusion area.
    (5) Only commercial vessels, other vessels transiting transversely, 
and official patrol are allowed to enter the secondary exclusion area.
    (6) Spectators are allowed inside the regulated area only if they 
remain within the designated spectator area. Spectators will be 
permitted to anchor within the designated spectator area. All vessels 
moving within the designated spectator area shall do so at the slowest 
safe speed.
    (7) Commercial vessels, and vessels other than participants and 
spectator vessels, may contact the Coast Guard Patrol Commander to 
request permission to pass through the regulated area. If permission is 
granted, vessels must pass directly through the regulated area, 
remaining outside the exclusion areas, at the slowest safe speed and 
without loitering.
    (d) Notice. The Coast Guard will publish a notice in the Eighth 
Coast Guard District Local Notice to Mariners and issue a marine 
information broadcast on VHF-FM marine band radio announcing specific 
event date and times.

[[Page 43694]]

    (e) Enforcement period. (1) The designated spectator area will be 
enforced from 10 a.m. to 4:30 p.m.
    (2) The primary and secondary exclusion areas will be enforced from 
8 a.m. to 5 p.m.

    Dated: August 15, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2019-18110 Filed 8-21-19; 8:45 am]
 BILLING CODE 9110-04-P