Special Local Regulations; Sector Upper Mississippi River Annual and Recurring Marine Events Update, 2027-2031 [2020-00143]
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Federal Register / Vol. 85, No. 9 / Tuesday, January 14, 2020 / Rules and Regulations
and ambiguities, so as to minimize
litigation and undue burden on the
Federal court system. Accordingly, the
rule meets the applicable standards
provided in section 3 of E.O. 12988,
Civil Justice Reform.
E. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This direct final rule does not have
‘‘tribal implications’’ because it would
not ‘‘have substantial direct effects 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.’’
Accordingly, under E.O. 13175, no
further Agency action or analysis is
required.
F. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
Executive Order 13211 requires
agencies to publish a statement of
energy effects when a rule has a
significant energy action that adversely
affects energy supply, distribution or
use. MSHA has reviewed this direct
final rule for its energy effects because
the rule applies to the metal and
nonmetal mining sector. MSHA has
concluded that it is not a significant
energy action because it is not likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
Accordingly, under this analysis, no
further Agency action or analysis is
required.
G. Executive Order 13272: Proper
Consideration of Small Entities in
Agency Rulemaking
MSHA has thoroughly reviewed the
direct final rule to assess and take
appropriate account of its potential
impact on small businesses, small
governmental jurisdictions, and small
organizations. MSHA has determined
and certified that the direct final rule
does not have a significant economic
impact on a substantial number of small
entities.
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List of Subjects
30 CFR Part 56
Chemicals, Electric power,
Explosives, Fire prevention, Hazardous
substances, Metals, Mine safety and
health, Noise control, Reporting and
recordkeeping requirements.
30 CFR Part 57
Chemicals, Electric power,
Explosives, Fire prevention, Gases,
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Hazardous substances, Metals, Mine
safety and health, Noise control,
Radiation protection, Reporting and
recordkeeping requirements.
For the reasons set out in the
preamble, and under the authority of the
Federal Mine Safety and Health Act of
1977, as amended by the Mine
Improvement and New Emergency
Response Act of 2006, MSHA is
amending chapter I of title 30 of the
Code of Federal Regulations as follows:
PART 56—SAFETY AND HEALTH
STANDARDS—SURFACE METAL AND
NONMETAL MINES
1. The authority citation for part 56
continues to read as follows:
■
Authority: 30 U.S.C. 811.
2. In § 56.6000, revise the definition
for ‘‘Detonator’’ to read as follows:
§ 57.6000
2027
Definitions.
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Detonator. Any device containing a
detonating charge used to initiate an
explosive. These devices include
electronic detonators, electric or
nonelectric instantaneous or delay
blasting caps, and delay connectors. The
term ‘‘detonator’’ does not include
detonating cord. Detonators may be
either ‘‘Class A’’ detonators or ‘‘Class C’’
detonators, as classified by the
Department of Transportation in 49 CFR
173.53 and 173.100, which is available
at any MSHA Metal and Nonmetal
Safety and Health district office.
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■ 7. In § 57.6310, revise paragraphs (a)
and (b) and add paragraph (c) to read as
follows:
■
§ 56.6000
Definitions.
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Detonator. Any device containing a
detonating charge used to initiate an
explosive. These devices include
electronic detonators, electric or
nonelectric instantaneous or delay
blasting caps, and delay connectors. The
term ‘‘detonator’’ does not include
detonating cord. Detonators may be
either ‘‘Class A’’ detonators or ‘‘Class C’’
detonators, as classified by the
Department of Transportation in 49 CFR
173.53 and 173.100, which is available
at any MSHA Metal and Nonmetal
Safety and Health district office.
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■ 3. In § 56.6310, revise paragraphs (a)
and (b) and add paragraph (c) to read as
follows:
Misfire waiting period.
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(a) For 30 minutes if safety fuse and
blasting caps are used;
(b) For 15 minutes if any other type
detonators are used; or
(c) For 30 minutes if electronic
detonators are used, or for the
manufacturer-recommended time,
whichever is longer.
§ 56.6407
[Amended]
PART 57—SAFETY AND HEALTH
STANDARDS—UNDERGROUND
METAL AND NONMETAL MINES
5. The authority citation for part 57
continues to read as follows:
■
Authority: 30 U.S.C. 811.
6. In § 57.6000, revise the definition
for ‘‘Detonator’’ to read as follows:
■
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Fmt 4700
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(a) For 30 minutes if safety fuse and
blasting caps are used;
(b) For 15 minutes if any other type
detonators are used; or
(c) For 30 minutes if electronic
detonators are used, or for the
manufacturer-recommended time,
whichever is longer.
§ 57.6407
[Amended]
8. In § 57.6407, amend paragraphs
(a)(3) and (b)(2) by adding the words ‘‘or
electronic’’ after the word ‘‘electric’’.
■
§ 57.6604
[Amended]
9. In § 57.6604, amend paragraph (b)
by adding the words ‘‘electronic or’’
after the word ‘‘Underground’’.
■
David G. Zatezalo,
Assistant Secretary of Labor for Mine Safety
and Health Administration.
[FR Doc. 2019–28446 Filed 1–13–20; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–1008]
4. In § 56.6407, amend paragraphs (a)
and (c) by adding the words ‘‘or
electronic’’ after the word ‘‘electric’’.
■
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Misfire waiting period.
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§ 56.6310
§ 57.6310
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RIN 1625–AA08
Special Local Regulations; Sector
Upper Mississippi River Annual and
Recurring Marine Events Update
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
and updating the listing of annual and
recurring marine events that take place
within the Eighth Coast Guard District
SUMMARY:
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Federal Register / Vol. 85, No. 9 / Tuesday, January 14, 2020 / Rules and Regulations
in the Sector Upper Mississippi River
area of responsibility, as well as making
technical corrections.
DATES: This rule is effective February
13, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1008 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email 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.
SUPPLEMENTARY INFORMATION:
III. Legal Authority and Need for Rule
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
In fall 2018, the Captain of the Port
Sector Upper Mississippi River (COTP)
conducted an annual review of the
annual and recurring marine events that
occur within the Sector Upper
Mississippi River Captain of the Port
Zone, to include Table 2 of 33 CFR
100.801 titled Sector Upper Mississippi
River Annual and Recurring Marine
Events. During this process, the Coast
The Coast Guard is amending this rule
under the authority in 46 U.S.C. 70041.
The Captain of the Port Sector Upper
Mississippi River (COTP) determined an
amendment to the regulations contained
in 33 CFR 100.801 is necessary to
accurately reflect annual and recurring
marine events taking place in the Eighth
Coast Guard District. This rule ensures
that the public is informed of annual
and recurring events taking place within
the Sector Upper Mississippi River
Captain of the Port Zone, that the table
of annual and recurring events is easy
to read, and minimizes the
administrative burden to both the Coast
Guard and recurring marine event
sponsors.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
July 3, 2019. Although not identified in
the NPRM, we are adding the
Evansville, IL, Drag Boat Race into this
final rule because the sponsor said the
2018 and 2019 races were successful
and it will be taking place again on an
annual basis.
This rule amends the regulations
contained in 33 CFR 100.801 to
accurately reflect annual and recurring
marine events taking place in the Eighth
Coast Guard District. Previously, the
text of 33 CFR 100.801 only referred to
Table 1, however, the section contains
Tables 1 through 7. This rule amends 33
CFR 100.801 to replace six references to
‘‘Table 1’’ with the words ‘‘Tables 1
through 7.’’ Additionally, it updates 33
CFR 100.801 Table 2 titled Sector Upper
Mississippi River Annual and Recurring
Marine Events to accurately reflect
marine events occurring on a regular
basis in the Sector Upper Mississippi
River Captain of the Port Zone. The rule
removes events that no longer occur or
do not meet the criteria of a marine
event, and adds new events that do meet
the criteria of a marine event. In
addition, it amends Table 2 by updating
the details of one marine event, and by
rearranging the Table to display events
first by the body of water on which they
take place (alphabetically), second by
the date(s) on which those events occur,
and third by a mile marker
(descending). The changes are as
follows.
This rule removes the following nine
marine events from Table 2 of 33 CFR
100.801:
Date
Event/sponsor
Upper Mississippi
River location
Regulated area
1. 1 day—Third Saturday in May ..........
Clear Lake Chapter of the ACBS/That
was then, This is Now Boat Show &
Exhibition.
Lake West Chamber of Commerce/St.
Patrick’s Water Parade.
Champboat Series LLC/Aquatennial
Power Boat Grand Prix.
Lake City Chamber of Commerce/
Water Ski Days.
River City Days Association/River City
Days.
St. Louis Drag Boat Association/New
Athens Drag Boat Race.
Havana Chamber of Commerce/Havana Boat Races.
K.C. Aviation Expo & Air Show/K.C.
Aviation Expo & Air Show.
Twin City River Rats Organization/Twin
City River Rats.
Quad Cities, IL ......
Upper Mississippi River mile marker
454.0 to 456.0 (Iowa).
Lake of the Ozarks,
MO.
Minneapolis, MN ...
Lake of the Ozarks mile marker 5.0 to
10.0 (Missouri).
Upper Mississippi River mile marker
854.8 to 855.8 (Minnesota).
Upper Mississippi River mile marker
772.4 to 772.8 (Minnesota).
Upper Mississippi River mile marker
791.4 to 791.8 (Minnesota).
Kaskaskia River mile marker 28.0 to
29.0 (Illinois).
Illinois River mile marker 120.3 to
119.7 (Illinois).
Missouri River mile marker 366.3 to
369.8 (Missouri).
Upper Mississippi River mile marker
855.4 to 855.8 (Minnesota).
2. 1 day—Third Saturday in March .......
4. 2 days—Third weekend in July .........
5. 2 days—Third weekend in June .......
6. 2 days—First week of August ...........
7. 2 days—Second weekend of September.
8. 2 days—Third weekend in July .........
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Guard identified changes that were
needed to ensure the public is
accurately informed of the events and
that the table is easy to read.
Additionally, during the review the
Coast Guard found that technical
corrections were needed to the text of 33
CFR 100.801 to ensure inclusivity for all
tables of marine events within the
section. On July 3, 2019, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Special Local
Regulations; Sector Upper Mississippi
River Annual and Recurring Marine
Events Update (84 FR 31810). There we
stated why we issued the NPRM, and
invited comments on our proposed
regulatory action related to this annual
update. During the comment period that
ended August 2, 2019, we received no
comments.
9. 5 days—first two weeks of July ........
10. 3 days a week from May 4th–September 30th.
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Lake City, MN .......
Red Wing, MN ......
New Athens, IL .....
Havana, IL .............
Kansas City, MO ...
Twin Cities, MN .....
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Events 1, 4, 5, 6, 7, and 8 above have
not had a marine event permit
application submitted in past
consecutive years and the Coast Guard
believes the events no longer occur.
Events 2, 9, and 10, are expected to
continue, however, in their current
format they no longer meet the criteria
of a marine event and, correspondingly,
Date
Event
Kaskaskia River:
1. 2 days—Second or Third Weekend
of July.
Lake of the Ozarks:
2. 2 days—The weekend before Labor
Day weekend.
4. 1 day—First Saturday of June ...........
Upper Mississippi River:
5. 4 days—Either the first or second
week of July.
6. 2 days—Second weekend of August
7. 1 day—Third weekend of August ......
This rule will update the details of a
marine event in Table 2 of 33 CFR
3. 1 day—Third Saturday of July ...........
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.
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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 location, size, and
duration of the Special Local
Regulations that will be in place during
the listed marine events. These
regulated areas are limited in size and
duration, and positioned away from
high vessel traffic areas. Additionally,
this rule only modifies the existing
tables of marine events by removing
nine events that no longer take place or
do not meet the criteria of a marine
event, adding six events that have been
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the Coast Guard is changing how the
events are regulated.
This rule adds six marine events to
Table 2 of 33 CFR 100.801 and
reorganizes the table as follows:
City, State
Regulated area
Evansville, IL Drag
Boat Races.
Evansville, IL ................................................
Mile markers 11.0–10.0.
Lake of the Ozarks
Shootout.
Lake Race .................
Sunrise Beach, MO ......................................
Mile markers 34.5–32.5.
Lake Ozark, MO ...........................................
Mile markers 4.0–0.0.
Riverfest ....................
La Crosse, WI ..............................................
Mile markers 698.5–697.5.
Great River Tug ........
Floatzilla ....................
LeClaire, IA/Port Byron, IL ...........................
Bettendorf, IA/Davenport, IA/East Moline,
IL/Rock Island, IL.
Mile markers 497.6–497.2.
Mile markers 491.0–479.0.
100.801 and reorganize the table as
follows:
Aquapalooza .............
Osage Beach, MO ........................................
occurring on a regular basis, updating
the details of one marine event, and
modifying the marine event tables for
easier reading.
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 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
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Mile markers 19.3–18.7.
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
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Federal Register / Vol. 85, No. 9 / Tuesday, January 14, 2020 / Rules and Regulations
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.
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 the
amendment of existing marine event
tables found in 33 CFR 100.801 to
accurately reflect recurring marine
events taking place within the Eighth
Coast Guard District. Normally such
actions are categorically excluded from
further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Amend § 100.801 by revising the
introductory text, paragraphs (f), (i), and
(j), and Table 2 to § 100.801 to read as
follows:
■
§ 100.801 Annual Events in the Eighth
Coast Guard District.
The regulations in this section apply
to the marine events listed in Tables 1
through 7 of this section. These
regulations will be effective annually,
for the duration of each event listed in
Tables 1 through 7. Annual notice of the
exact dates and times of the effective
period of the regulation with respect to
each event, the geographical area, and
details concerning the nature of the
event and the number of participants
and type(s) of vessels involved will also
be published in local notices to
mariners. Sponsors of events listed in
Tables 1 through 7 of this section must
submit an application each year in
accordance with § 100.15.
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(f) Any spectator vessel may anchor
outside the regulated area specified in
Tables 1 through 7 of this section, but
may not anchor in, block, or loiter in a
navigable channel.
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(i) In Tables 1 through 7 to this
section, where a regulated area is
described by reference to miles of a
river, channel or lake, the regulated area
includes all waters between the
indicated miles as defined by lines
drawn perpendicular to shore passing
through the indicated points.
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(j) In Tables 1 through 7 to this
section, where alternative dates are
described (‘‘third or fourth Saturday’’),
the exact date and times will be
advertised by the Coast Guard through
Local Notices to Mariners and Broadcast
Notices to Mariners.
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TABLE 2 OF § 100.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING MARINE EVENTS
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Date
Event
Kaskaskia River:
1. 2 days—Second or Third Weekend
of July.
Lake of the Ozarks:
2. 2 days—The weekend before Labor
Day weekend.
3. 1 day—Third Saturday of July ...........
4. 1 day—First Saturday of June ...........
Upper Mississippi River:
5. 4 days—Either the first or second
week of July.
6. 2 days—Second weekend of August
7. 1 day—Third weekend of August ......
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City, State
Regulated area
Evansville, IL Drag
Boat Races.
Evansville, IL ................................................
Mile markers 11.0–10.0.
Lake of the Ozarks
Shootout.
Aquapalooza .............
Lake Race .................
Sunrise Beach, MO ......................................
Mile markers 34.5–32.5.
Osage Beach, MO ........................................
Lake Ozark, MO ...........................................
Mile markers 19.3–18.7.
Mile markers 4.0–0.0.
Riverfest ....................
La Crosse, WI ..............................................
Mile markers 698.5–697.5.
Great River Tug ........
Floatzilla ....................
LeClaire, IA/Port Byron, IL ...........................
Bettendorf, IA/Davenport, IA/East Moline,
IL/Rock Island, IL.
Mile markers 497.6–497.2.
Mile markers 491.0–479.0.
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Federal Register / Vol. 85, No. 9 / Tuesday, January 14, 2020 / Rules and Regulations
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Dated: January 3, 2020.
J.P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2020–00143 Filed 1–13–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0765]
RIN 1625–AA00
Safety Zones; Waterway Training
Areas, Captain of the Port MarylandNational Capital Region Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing four safety zones for certain
waters of the Patapsco River,
Chesapeake Bay, and Potomac River.
This action is necessary to provide for
the safety of life on these navigable
waters at Baltimore Harbor Anchorage
No. 5, between Belvidere Shoal and
Kent Island, MD, between Point
Lookout, MD, and St. George Island,
MD, and between Possum Point, VA,
and Cockpit Point, VA, during nonlethal signaling and warning device
training conducted from on board U.S.
Coast Guard vessels. This regulation
prohibits persons and vessels from
being in the safety zone unless
authorized by the Captain of the Port
Maryland-National Capital Region or a
designated representative.
DATES: This rule is effective February
13, 2020.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0765 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 Mr. Ron Houck, Sector MarylandNational Capital Region Waterways
Management Division, U.S. Coast
Guard; telephone 410–576–2674, email
Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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DHS Department of Homeland Security
FR Federal Register
NM Nautical mile
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
To maintain ports, waterways and
coastal security mission readiness, Coast
Guard personnel within the MarylandNational Capital Region COTP Zone
must conduct LA51 device training
shoreward of the 12 nautical miles (NM)
baseline. To better accommodate this
training need, the COTP MarylandNational Capital Region determined it
must establish four LA51 device
waterway training areas in the Patapsco
River, Chesapeake Bay, and Potomac
River. In response, on November 29,
2019, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled ‘‘Safety Zones; Waterway Training
Areas, Captain of the Port MarylandNational Capital Region Zone’’ (84 FR
65730). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to the waterway training areas. During
the comment period that ended
December 30, 2019, we received no
comments.
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 Maryland-National
Capital Region (COTP) has determined
that potential hazards associated with
the LA51 device training would be a
safety concern for anyone within the
waterway training areas. The purpose of
this rule is to ensure safety of vessels
and the navigable waters within the
waterway training areas before, during,
and after the training events.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
November 29, 2019. There are no
changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule establishes four safety zones
for use as waterway training areas.
Waterway training area Alpha
includes all waters of the Patapsco River
encompassed by a line connecting the
following points beginning at
39°14′07.98″ N, 076°32′58.50″ W; thence
to 39°13′34.98″ N, 076°32′24.00″ W;
thence to 39°13′22.50″ N, 076°32′28.98″
W; thence to 39°13′21.00″ N,
076°33′12.00″ W; and back to the
beginning point. Waterway training area
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Alpha is located at the entrance to
Curtis Bay, in Baltimore Harbor
Anchorage No. 5, at Baltimore, MD. The
safety zone is a trapezoid in shape
measuring approximately 1,500 yards in
length and averaging 750 yards in
width.
Waterway training area Bravo
includes all waters of the Chesapeake
Bay encompassed by a line connecting
the following points beginning at
39°05′25.98″ N, 076°20′20.04″ W; thence
to 39°04′40.02″ N, 076°19′28.98″ W;
thence to 39°02′45.00″ N, 076°22′09.00″
W; thence to 39°03′30.00″ N,
076°23′00.00″ W; and back to the
beginning point. Waterway training area
Bravo is located in the approaches to
Baltimore Harbor, between Belvidere
Shoal and Kent Island, MD. The safety
zone is a rectangle in shape situated
along a northeast-southwest axis,
measuring approximately 4,500 yards in
length by 1,500 yards in width.
Waterway training area Charlie
includes all waters of the Potomac River
encompassed by a line connecting the
following points beginning at
38°00′28.80″ N, 076°22′43.80″ W; thence
to 38°01′18.00″ N, 076°21′54.00″ W;
thence to 38°05′06.00″ N, 076°27′43.20″
W; thence to 38°04′40.20″ N,
076°28′34.20″ W; and back to the
beginning point. Waterway training area
Charlie is located between Point
Lookout, MD, and St. George Island,
MD. The safety zone is a rectangle in
shape measuring approximately 12,500
yards in length by 1,500 yards in width.
Waterway training area Delta includes
all waters of the Potomac River
encompassed by a line connecting the
following points beginning at
38°32′31.14″ N, 077°15′29.82″ W; thence
to 38°32′48.18″ N, 077°15′54.24″ W;
thence to 38°33′34.56″ N, 077°15′07.20″
W; thence to 38°33′15.06″ N,
077°14′39.54″ W; and back to the
beginning point. Waterway training area
Delta is located between Possum Point,
VA, and Cockpit Point, VA. The safety
zone is a trapezoid in shape measuring
approximately 2,000 in length by 1,000
yards in width.
The duration and enforcement of the
zones is intended to ensure the safety of
vessels and these navigable waters
before, during, and after these training
events. Except for training participants,
no vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP MarylandNational Capital Region or a designated
representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
E:\FR\FM\14JAR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
[Rules and Regulations]
[Pages 2027-2031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00143]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-1008]
RIN 1625-AA08
Special Local Regulations; Sector Upper Mississippi River Annual
and Recurring Marine Events Update
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending and updating the listing of annual
and recurring marine events that take place within the Eighth Coast
Guard District
[[Page 2028]]
in the Sector Upper Mississippi River area of responsibility, as well
as making technical corrections.
DATES: This rule is effective February 13, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1008 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email 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
In fall 2018, the Captain of the Port Sector Upper Mississippi
River (COTP) conducted an annual review of the annual and recurring
marine events that occur within the Sector Upper Mississippi River
Captain of the Port Zone, to include Table 2 of 33 CFR 100.801 titled
Sector Upper Mississippi River Annual and Recurring Marine Events.
During this process, the Coast Guard identified changes that were
needed to ensure the public is accurately informed of the events and
that the table is easy to read. Additionally, during the review the
Coast Guard found that technical corrections were needed to the text of
33 CFR 100.801 to ensure inclusivity for all tables of marine events
within the section. On July 3, 2019, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Special Local Regulations; Sector
Upper Mississippi River Annual and Recurring Marine Events Update (84
FR 31810). There we stated why we issued the NPRM, and invited comments
on our proposed regulatory action related to this annual update. During
the comment period that ended August 2, 2019, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is amending this rule under the authority in 46
U.S.C. 70041. The Captain of the Port Sector Upper Mississippi River
(COTP) determined an amendment to the regulations contained in 33 CFR
100.801 is necessary to accurately reflect annual and recurring marine
events taking place in the Eighth Coast Guard District. This rule
ensures that the public is informed of annual and recurring events
taking place within the Sector Upper Mississippi River Captain of the
Port Zone, that the table of annual and recurring events is easy to
read, and minimizes the administrative burden to both the Coast Guard
and recurring marine event sponsors.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published on
July 3, 2019. Although not identified in the NPRM, we are adding the
Evansville, IL, Drag Boat Race into this final rule because the sponsor
said the 2018 and 2019 races were successful and it will be taking
place again on an annual basis.
This rule amends the regulations contained in 33 CFR 100.801 to
accurately reflect annual and recurring marine events taking place in
the Eighth Coast Guard District. Previously, the text of 33 CFR 100.801
only referred to Table 1, however, the section contains Tables 1
through 7. This rule amends 33 CFR 100.801 to replace six references to
``Table 1'' with the words ``Tables 1 through 7.'' Additionally, it
updates 33 CFR 100.801 Table 2 titled Sector Upper Mississippi River
Annual and Recurring Marine Events to accurately reflect marine events
occurring on a regular basis in the Sector Upper Mississippi River
Captain of the Port Zone. The rule removes events that no longer occur
or do not meet the criteria of a marine event, and adds new events that
do meet the criteria of a marine event. In addition, it amends Table 2
by updating the details of one marine event, and by rearranging the
Table to display events first by the body of water on which they take
place (alphabetically), second by the date(s) on which those events
occur, and third by a mile marker (descending). The changes are as
follows.
This rule removes the following nine marine events from Table 2 of
33 CFR 100.801:
----------------------------------------------------------------------------------------------------------------
Upper Mississippi River
Date Event/sponsor location Regulated area
----------------------------------------------------------------------------------------------------------------
1. 1 day--Third Saturday in May...... Clear Lake Chapter of Quad Cities, IL........ Upper Mississippi River
the ACBS/That was mile marker 454.0 to
then, This is Now Boat 456.0 (Iowa).
Show & Exhibition.
2. 1 day--Third Saturday in March.... Lake West Chamber of Lake of the Ozarks, MO. Lake of the Ozarks mile
Commerce/St. Patrick's marker 5.0 to 10.0
Water Parade. (Missouri).
4. 2 days--Third weekend in July..... Champboat Series LLC/ Minneapolis, MN........ Upper Mississippi River
Aquatennial Power Boat mile marker 854.8 to
Grand Prix. 855.8 (Minnesota).
5. 2 days--Third weekend in June..... Lake City Chamber of Lake City, MN.......... Upper Mississippi River
Commerce/Water Ski mile marker 772.4 to
Days. 772.8 (Minnesota).
6. 2 days--First week of August...... River City Days Red Wing, MN........... Upper Mississippi River
Association/River City mile marker 791.4 to
Days. 791.8 (Minnesota).
7. 2 days--Second weekend of St. Louis Drag Boat New Athens, IL......... Kaskaskia River mile
September. Association/New Athens marker 28.0 to 29.0
Drag Boat Race. (Illinois).
8. 2 days--Third weekend in July..... Havana Chamber of Havana, IL............. Illinois River mile
Commerce/Havana Boat marker 120.3 to 119.7
Races. (Illinois).
9. 5 days--first two weeks of July... K.C. Aviation Expo & Kansas City, MO........ Missouri River mile
Air Show/K.C. Aviation marker 366.3 to 369.8
Expo & Air Show. (Missouri).
10. 3 days a week from May 4th- Twin City River Rats Twin Cities, MN........ Upper Mississippi River
September 30th. Organization/Twin City mile marker 855.4 to
River Rats. 855.8 (Minnesota).
----------------------------------------------------------------------------------------------------------------
[[Page 2029]]
Events 1, 4, 5, 6, 7, and 8 above have not had a marine event
permit application submitted in past consecutive years and the Coast
Guard believes the events no longer occur. Events 2, 9, and 10, are
expected to continue, however, in their current format they no longer
meet the criteria of a marine event and, correspondingly, the Coast
Guard is changing how the events are regulated.
This rule adds six marine events to Table 2 of 33 CFR 100.801 and
reorganizes the table as follows:
----------------------------------------------------------------------------------------------------------------
Date Event City, State Regulated area
----------------------------------------------------------------------------------------------------------------
Kaskaskia River:
1. 2 days--Second or Third Evansville, IL Evansville, IL......... Mile markers 11.0-10.0.
Weekend of July. Drag Boat Races.
Lake of the Ozarks:
2. 2 days--The weekend Lake of the Ozarks Sunrise Beach, MO...... Mile markers 34.5-32.5.
before Labor Day weekend. Shootout.
4. 1 day--First Saturday of Lake Race......... Lake Ozark, MO......... Mile markers 4.0-0.0.
June.
Upper Mississippi River:
5. 4 days--Either the first Riverfest......... La Crosse, WI.......... Mile markers 698.5-697.5.
or second week of July.
6. 2 days--Second weekend Great River Tug... LeClaire, IA/Port Mile markers 497.6-497.2.
of August. Byron, IL.
7. 1 day--Third weekend of Floatzilla........ Bettendorf, IA/ Mile markers 491.0-479.0.
August. Davenport, IA/East
Moline, IL/Rock
Island, IL.
----------------------------------------------------------------------------------------------------------------
This rule will update the details of a marine event in Table 2 of
33 CFR 100.801 and reorganize the table as follows:
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
3. 1 day--Third Saturday of Aquapalooza....... Osage Beach, MO........ Mile markers 19.3-18.7.
July.
----------------------------------------------------------------------------------------------------------------
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 location,
size, and duration of the Special Local Regulations that will be in
place during the listed marine events. These regulated areas are
limited in size and duration, and positioned away from high vessel
traffic areas. Additionally, this rule only modifies the existing
tables of marine events by removing nine events that no longer take
place or do not meet the criteria of a marine event, adding six events
that have been occurring on a regular basis, updating the details of
one marine event, and modifying the marine event tables for easier
reading.
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
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
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
[[Page 2030]]
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.
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 the amendment of existing marine event
tables found in 33 CFR 100.801 to accurately reflect recurring marine
events taking place within the Eighth Coast Guard District. Normally
such actions are categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 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. Amend Sec. 100.801 by revising the introductory text, paragraphs
(f), (i), and (j), and Table 2 to Sec. 100.801 to read as follows:
Sec. 100.801 Annual Events in the Eighth Coast Guard District.
The regulations in this section apply to the marine events listed
in Tables 1 through 7 of this section. These regulations will be
effective annually, for the duration of each event listed in Tables 1
through 7. Annual notice of the exact dates and times of the effective
period of the regulation with respect to each event, the geographical
area, and details concerning the nature of the event and the number of
participants and type(s) of vessels involved will also be published in
local notices to mariners. Sponsors of events listed in Tables 1
through 7 of this section must submit an application each year in
accordance with Sec. 100.15.
* * * * *
(f) Any spectator vessel may anchor outside the regulated area
specified in Tables 1 through 7 of this section, but may not anchor in,
block, or loiter in a navigable channel.
* * * * *
(i) In Tables 1 through 7 to this section, where a regulated area
is described by reference to miles of a river, channel or lake, the
regulated area includes all waters between the indicated miles as
defined by lines drawn perpendicular to shore passing through the
indicated points.
* * * * *
(j) In Tables 1 through 7 to this section, where alternative dates
are described (``third or fourth Saturday''), the exact date and times
will be advertised by the Coast Guard through Local Notices to Mariners
and Broadcast Notices to Mariners.
* * * * *
Table 2 of Sec. 100.801--Sector Upper Mississippi River Annual And Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
Date Event City, State Regulated area
----------------------------------------------------------------------------------------------------------------
Kaskaskia River:
1. 2 days--Second or Third Evansville, IL Evansville, IL......... Mile markers 11.0-10.0.
Weekend of July. Drag Boat Races.
Lake of the Ozarks:
2. 2 days--The weekend Lake of the Ozarks Sunrise Beach, MO...... Mile markers 34.5-32.5.
before Labor Day weekend. Shootout.
3. 1 day--Third Saturday of Aquapalooza....... Osage Beach, MO........ Mile markers 19.3-18.7.
July.
4. 1 day--First Saturday of Lake Race......... Lake Ozark, MO......... Mile markers 4.0-0.0.
June.
Upper Mississippi River:
5. 4 days--Either the first Riverfest......... La Crosse, WI.......... Mile markers 698.5-697.5.
or second week of July.
6. 2 days--Second weekend Great River Tug... LeClaire, IA/Port Mile markers 497.6-497.2.
of August. Byron, IL.
7. 1 day--Third weekend of Floatzilla........ Bettendorf, IA/ Mile markers 491.0-479.0.
August. Davenport, IA/East
Moline, IL/Rock
Island, IL.
----------------------------------------------------------------------------------------------------------------
[[Page 2031]]
* * * * *
Dated: January 3, 2020.
J.P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-00143 Filed 1-13-20; 8:45 am]
BILLING CODE 9110-04-P
