Safety Zone; Missouri River, Mile Markers 377.5 to 378, Parkville, MO, 59724-59726 [2019-24210]
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59724
Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Rules and Regulations
a component office and not a separate
agency.
DATES: This rule is effective on
November 6, 2019.
FOR FURTHER INFORMATION CONTACT:
Patricia Toppings at 571–372–0485.
SUPPLEMENTARY INFORMATION: Title 32,
Subtitle B, Chapter XII of the CFR is
titled ‘‘Defense Logistics Agency.’’
According to the Office of the Federal
Register’s interpretation of 1 CFR
chapter I, the DLA as the sole ‘‘owner’’
of this chapter is the only agency that
can amend these regulations. However,
the DLA is not an agency separate from
the Department of Defense, but a
component of it.
Adding the Department of Defense to
the heading of chapter XII establishes
that the DLA is part of, and subordinate
to, the Department of Defense with
respect to authority over chapter XII.
This ensures that the Department of
Defense can also amend chapter XII
when necessary. Therefore, the
Department of Defense is updating the
title of Chapter XII.
SUBTITLE B—[AMENDED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR chapter XII is
amended by revising the heading of
chapter XII to read Chapter XII—
Department of Defense, Defense
Logistics Agency.
■
[FR Doc. 2019–23685 Filed 11–5–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0847]
RIN 1625–AA00
Safety Zone; Missouri River, Mile
Markers 377.5 to 378, Parkville, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Missouri
River from mile marker 377.5 to mile
marker 378. This action is necessary to
provide for the safety of life on these
navigable waters near the Platte Landing
Park, Parkville, MO during a fireworks
display on December 6, 2019. This rule
SUMMARY:
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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
Dated: October 25, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
ACTION:
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 8 p.m.
through 9:30 p.m. on December 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–
0847 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.
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. We must establish this
safety zone by December 6, 2019, and
we lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule. The NPRM process would
delay establishment of the safety zone
until after the date of the firework
display 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 public
interest because immediate action is
necessary to respond to the potential
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safety hazards associated with the
firework display over the Missouri
River.
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 firework display
over the Missouri River will be a safety
concern for anyone in the zone. This
rule is needed to protect persons,
vessels, and the marine environment on
the navigable waters within the safety
zone while the firework display is being
conducted.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8 p.m. through 9:30
p.m. on December 6, 2019 or until the
firework display is completed,
whichever occurs first. The safety zone
covers all navigable waters from mile
marker 377.5 to mile marker 378 on the
Missouri River.
The duration of this safety zone is
intended to protect persons, vessels, and
the marine environment on these
navigable waters while the fireworks
display is being conducted. No vessel or
person will be permitted to enter the
safety zone without obtaining
permission from the 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. To seek entry
into the safety zone, contact the COTP
or a designated representative via VHF–
FM channel 16 or by telephone at 314–
269–2332. Persons and vessels
permitted to enter this closure must
transit at their slowest safe speed and
comply with all lawful directions issued
by the COTP or the designated
representative.
The COTP or a designated
representative will inform the public of
the enforcement date for this safety
zone, through Local Notices to Mariners
(LNMs), Broadcast Notice to Mariners
(BNM), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
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.
E:\FR\FM\06NOR1.SGM
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Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Rules and Regulations
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 size, location, and duration
of the safety zone. This safety zone
impacts a one-half mile stretch of the
Missouri River for one and a half hours
on December 6, 2019. Additionally this
rule allows vessels to seek permission to
enter the zone.
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 because the rule will allow
persons and vessels to seek permission
to enter the zone and coordinated entry
may be arranged on a case by case basis.
Additionally, coordination with several
waterways users has taken place to
mitigate as much impact as possible.
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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
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16:06 Nov 05, 2019
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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 call
or email 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,
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59725
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 safety zone impacts
less than one mile stretch of the
Missouri River for up to one and a one
half hours on December 6, 2019 and will
prohibit entry through the fireworks
display. It is categorically excluded
from further review under paragraph
L60 (a) in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures. 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 call or email 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,
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.T08–0847 to read as
follows:
■
§ 165.T08–0847 Safety Zone; Missouri
River, Mile Marker 377.5 to 378, Parkville,
MO.
(a) Location. The following area is a
safety zone: In the vicinity of mile
markers 378 to 377.5 on the Missouri
River.
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06NOR1
59726
Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Rules and Regulations
(b) Period of enforcement. This
section will be enforced on December 6,
2019 from 8 p.m. through 9:30 p.m., or
until the firework display is completed,
whichever comes first.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Upper Mississippi River (COTP)
or 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) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
representative via VHF–FM channel 16
or by telephone at 314–269–2332.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
dates 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
(LNM), Broadcast Notice to Mariners
(BNM), and/or Marine Safety
Information Bulletins (MSIB) as
appropriate.
Dated: October 31, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2019–24210 Filed 11–5–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0686]
RIN 1625–AA00
Safety Zone; San Juan Harbor, San
Juan, PR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is extending
the duration of a temporary safety zone
for all navigable waters within an area
of one half mile around each Liquefied
Gas carrier entering and departing San
SUMMARY:
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Juan Harbor and a 50-yard radius
around each vessel when moored at the
Puma Energy dock, Catan˜o Oil dock, or
Wharf B. This safety zone is needed to
protect personnel, transiting vessels,
and Liquefied Gas carriers. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
San Juan or his designated
representative.
DATES: This rule is effective from 12:01
a.m. on November 16, 2019 until 11:59
p.m. on February 28, 2020.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Lieutenant
Commander Pedro Mendoza, Sector San
Juan Prevention Department, Waterways
Management Division, U.S. Coast
Guard; telephone 787–729–2374, email
Pedro.L.Mendoza@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LNG Liquefied Natural Gas
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)
because initial immediate action was
needed to safeguard incoming, moored,
and outgoing LNG carriers within San
Juan Harbor, San Juan, Puerto Rico. This
rule extends the duration of the existing
safety zone, which would have expired
on November 15, 2019, to ensure, to the
extent practicable, the immediate,
continued need to safeguard incoming,
moored, and outgoing LNG carriers
within the San Juan Harbor.
Specifically, this rule is being extended
while go through February 28, 2020.
This is necessary considering the NPRM
process and allows for time to receive
public comment in order to complete
the rulemaking process to revise the
existing safety zone for LPG carriers in
§ 165.754 to include LNG carriers.
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Therefore, it would be contrary to the
public interest for the existing safety
zone to lapse.
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 for the same reasons discussed
above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034.
Potential hazards associated with LNG
carriers continues to be a safety concern
for anyone within 50-yards of these
carriers. The purpose of this rule is to
extend the safety zone until February
28, 2020 to ensure the safety of vessels
and the navigable waters within a 50yard radius of LNG and LPG carriers
transiting San Juan Harbor while the
NPRM process for establishing a revised
safety zone in § 165.754 is completed.
This temporary final rule continues to
safeguard vessels at an adjacent berthing
location, Puerto Nuevo Berth B, which
supplies LNG to the Puerto Rico Electric
Power Authority (PREPA) and other
industrial sectors.
IV. Discussion of the Rule
This rule extends the duration of the
temporary safety zone on navigable
waters within one half mile around each
Liquefied Gas carrier entering and
departing San Juan Harbor and a 50yard radius around each vessel when
moored. This extension is necessary
while the NPRM process of revising the
existing regulation in § 165.754 to add
LNG carriers is ongoing. The first safety
zone on this matter was effective from
September 13, 2019 until 11:59 p.m. on
November 15, 2019. This regulation
extends the safety zone until 11:59 p.m.
on February 28, 2020. No vessel or
person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
If authorization to enter, transit
through, anchor in, or remain within the
safety zone is granted by the COTP San
Juan or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the COTP San Juan or a
designated representative. The Coast
Guard will provide notice of the safety
zone through Local Notice to Mariners,
Broadcast Notice to Mariners via VHF–
FM marine channel 16, and designated
on-scene representatives.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
E:\FR\FM\06NOR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Rules and Regulations]
[Pages 59724-59726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24210]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0847]
RIN 1625-AA00
Safety Zone; Missouri River, Mile Markers 377.5 to 378,
Parkville, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters of the Missouri River from mile marker 377.5 to
mile marker 378. This action is necessary to provide for the safety of
life on these navigable waters near the Platte Landing Park, Parkville,
MO during a fireworks display on December 6, 2019. 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 8 p.m. through 9:30 p.m. on December
6, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0847 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
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. We must
establish this safety zone by December 6, 2019, and we lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing the rule. The NPRM process would delay
establishment of the safety zone until after the date of the firework
display 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 public interest because immediate action
is necessary to respond to the potential safety hazards associated with
the firework display over the Missouri River.
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 firework display over the Missouri River will be a
safety concern for anyone in the zone. This rule is needed to protect
persons, vessels, and the marine environment on the navigable waters
within the safety zone while the firework display is being conducted.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8 p.m. through
9:30 p.m. on December 6, 2019 or until the firework display is
completed, whichever occurs first. The safety zone covers all navigable
waters from mile marker 377.5 to mile marker 378 on the Missouri River.
The duration of this safety zone is intended to protect persons,
vessels, and the marine environment on these navigable waters while the
fireworks display is being conducted. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the 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. To seek entry into the safety zone, contact the COTP
or a designated representative via VHF-FM channel 16 or by telephone at
314-269-2332. Persons and vessels permitted to enter this closure must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
The COTP or a designated representative will inform the public of
the enforcement date for this safety zone, through Local Notices to
Mariners (LNMs), Broadcast Notice to Mariners (BNM), and/or Marine
Safety Information Bulletins (MSIBs) as appropriate.
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.
[[Page 59725]]
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 size, location,
and duration of the safety zone. This safety zone impacts a one-half
mile stretch of the Missouri River for one and a half hours on December
6, 2019. Additionally this rule allows vessels to seek permission to
enter the zone.
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 because the rule will allow persons and
vessels to seek permission to enter the zone and coordinated entry may
be arranged on a case by case basis. Additionally, coordination with
several waterways users has taken place to mitigate as much impact as
possible.
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
call or email 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 call or email 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 safety zone impacts less than one mile stretch of the
Missouri River for up to one and a one half hours on December 6, 2019
and will prohibit entry through the fireworks display. It is
categorically excluded from further review under paragraph L60 (a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures. 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 call or email 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, 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.T08-0847 to read as follows:
Sec. 165.T08-0847 Safety Zone; Missouri River, Mile Marker 377.5 to
378, Parkville, MO.
(a) Location. The following area is a safety zone: In the vicinity
of mile markers 378 to 377.5 on the Missouri River.
[[Page 59726]]
(b) Period of enforcement. This section will be enforced on
December 6, 2019 from 8 p.m. through 9:30 p.m., or until the firework
display is completed, whichever comes first.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Upper
Mississippi River (COTP) or 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) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the representative via VHF-FM
channel 16 or by telephone at 314-269-2332.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(e) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement dates 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 (LNM),
Broadcast Notice to Mariners (BNM), and/or Marine Safety Information
Bulletins (MSIB) as appropriate.
Dated: October 31, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019-24210 Filed 11-5-19; 8:45 am]
BILLING CODE 9110-04-P
