Safety Zone; Missouri River MM 184.5-185.5, Rocheport, MO, 62707-62708 [2023-19735]
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Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2023–0698]
RIN 1625–AA00
Safety Zone; Missouri River MM 184.5–
185.5, Rocheport, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters in the Missouri
River at Mile Marker (MM) 184.5
through 185.5. The safety zone is
needed to protect personnel, vessels,
and the marine environment from all
potential hazards associated with the
demolition of the I–70 Bridge. 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 a designated representative.
DATES: This rule is effective without
actual notice from September 13, 2023
through September 24, 2023. For the
purposes of enforcement, actual notice
will be used from September 10, 2023
until September 13, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0698 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions on this rule, call or
email MSTC Nathaniel Dibley, Sector
Upper Mississippi River Waterways
Management Division, U.S. Coast
Guard; telephone 314–269–2560, email
Nathaniel.D.Dibley@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
ddrumheller on DSK120RN23PROD with RULES1
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
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
VerDate Sep<11>2014
15:58 Sep 12, 2023
Jkt 259001
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 a
temporary safety zone must be
established immediately to protect
personnel, vessels, and the marine
environment from potential hazards
created by the demolition of the I–70
bridge situated over the Missouri River
and lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule. It is impracticable to publish
an NPRM because we must establish
this safety zone September 10, 2023.
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 impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the demolition of the I–
70 bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Upper
Mississippi River (COTP) has
determined that potential hazards
associated with the demolition of the I–
70 bridge will be a safety concern for
anyone operating or transiting within
the Missouri River from MM 184.5
through 185.5. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
demolition is being conducted.
IV. Discussion of the Rule
The I–70 Bridge, located between MM
184.5 and 185.5, will be demolished.
The planned date of demolition is
September 10, 2023, with an operational
window until September 24, 2023, in
the event of inclement weather. The
safety zone is designed to protect
waterway users until work is complete.
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 (USCG) assigned
to units under the operational control of
USCG Sector Upper Mississippi River.
To seek permission to enter, contact the
COTP or a designated representative via
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
62707
VHF–FM channel 16, or through USCG
Sector Upper Mississippi River at 314–
269–2332. Persons and vessels
permitted to enter the safety zone must
comply with all lawful orders or
directions issued by the COTP or
designated representative. The COTP or
a designated representative will inform
the public of the effective period for the
safety zone as well as any changes in the
dates and times of enforcement, as well
as reductions in the size of the safety
zone through Local Notice to Mariners
(LNMs), Broadcast Notices to Mariners
(BNMs), and/or Safety Marine
Information Broadcast (SMIB), 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.
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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on a safety zone located on the
Missouri River at MM 184.5–185.5, near
Rocheport, MO. The Safety Zone is
expected to be active only during the
demolition event, or until September 24,
2023.
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
E:\FR\FM\13SER1.SGM
13SER1
62708
Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Rules and Regulations
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator because the zone will be
enforced only when work is being
conducted.
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.
ddrumheller on DSK120RN23PROD with RULES1
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.
VerDate Sep<11>2014
15:58 Sep 12, 2023
Jkt 259001
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, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone encompassing the width of the
Missouri River at MM 184.5–185.5. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
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
(water), Reporting and recordkeeping
requirements, Security Measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
PO 00000
Frm 00014
Fmt 4700
Sfmt 9990
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T08–0698 to read as
follows:
■
§ 165.T08–0698 Safety Zone; Missouri
River, Mile Markers 184.5–185.5, Rocheport,
MO.
(a) Location. The following area is a
safety zone: all navigable waters within
Missouri River, Mile Markers 184.5–
185.5, Rocheport, MO.
(b) Definitions. As used in this
section, designated representative
means a commissioned, warrant, or
petty officer of the U.S. Coast Guard
(USCG) assigned to units under the
operational control of USCG Sector
Upper Mississippi River.
(c) Regulations.
(1) In accordance with the general
safety zone regulations in § 165.23,
entry of persons or vessels into this
safety zone described in paragraph (a) of
this section is prohibited unless
authorized by the COTP or a designated
representative.
(2) To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through USCG Sector Upper
Mississippi River at 314–269–2332.
Persons and vessels permitted to enter
the safety zone must comply with all
lawful orders or directions issued by the
COTP or designated representative.
(d) Enforcement period and
informational broadcasts. This section
is subject to enforcement from
September 10, 2023, through September
24, 2023. The COTP or a designated
representative will inform the public of
the effective period for the safety zone
and all dates and times of enforcement,
as well as reductions in size or scope of
the safety zone through Local Notice to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Safety Marine
Information Broadcast (SMIB) as
appropriate. The COTP or a designated
representative will inform the public
through those same means of the
termination of enforcement if
enforcement of the zone is no longer
required prior to the rule’s termination.
Dated: September 7, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2023–19735 Filed 9–12–23; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\13SER1.SGM
13SER1
Agencies
[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Rules and Regulations]
[Pages 62707-62708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19735]
[[Page 62707]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2023-0698]
RIN 1625-AA00
Safety Zone; Missouri River MM 184.5-185.5, Rocheport, MO
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters in the Missouri River at Mile Marker (MM) 184.5
through 185.5. The safety zone is needed to protect personnel, vessels,
and the marine environment from all potential hazards associated with
the demolition of the I-70 Bridge. 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 a designated
representative.
DATES: This rule is effective without actual notice from September 13,
2023 through September 24, 2023. For the purposes of enforcement,
actual notice will be used from September 10, 2023 until September 13,
2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0698 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MSTC Nathaniel Dibley, Sector Upper Mississippi River
Waterways Management Division, U.S. Coast Guard; telephone 314-269-
2560, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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 a temporary safety zone must be
established immediately to protect personnel, vessels, and the marine
environment from potential hazards created by the demolition of the I-
70 bridge situated over the Missouri River and lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule. It is impracticable to publish an NPRM because
we must establish this safety zone September 10, 2023.
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 impracticable because immediate action is needed to
respond to the potential safety hazards associated with the demolition
of the I-70 bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Upper Mississippi River (COTP)
has determined that potential hazards associated with the demolition of
the I-70 bridge will be a safety concern for anyone operating or
transiting within the Missouri River from MM 184.5 through 185.5. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
demolition is being conducted.
IV. Discussion of the Rule
The I-70 Bridge, located between MM 184.5 and 185.5, will be
demolished. The planned date of demolition is September 10, 2023, with
an operational window until September 24, 2023, in the event of
inclement weather. The safety zone is designed to protect waterway
users until work is complete.
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 (USCG) assigned to units under
the operational control of USCG Sector Upper Mississippi River. To seek
permission to enter, contact the COTP or a designated representative
via VHF-FM channel 16, or through USCG Sector Upper Mississippi River
at 314-269-2332. Persons and vessels permitted to enter the safety zone
must comply with all lawful orders or directions issued by the COTP or
designated representative. The COTP or a designated representative will
inform the public of the effective period for the safety zone as well
as any changes in the dates and times of enforcement, as well as
reductions in the size of the safety zone through Local Notice to
Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Safety
Marine Information Broadcast (SMIB), 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.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on a safety zone
located on the Missouri River at MM 184.5-185.5, near Rocheport, MO.
The Safety Zone is expected to be active only during the demolition
event, or until September 24, 2023.
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
[[Page 62708]]
reasons stated in section V.A above, this rule will not have a
significant economic impact on any vessel owner or operator because the
zone will be enforced only when work is being conducted.
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.
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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone encompassing the width of the Missouri River at MM 184.5-
185.5. It is categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
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 (water), Reporting and
recordkeeping requirements, Security Measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0698 to read as follows:
Sec. 165.T08-0698 Safety Zone; Missouri River, Mile Markers 184.5-
185.5, Rocheport, MO.
(a) Location. The following area is a safety zone: all navigable
waters within Missouri River, Mile Markers 184.5-185.5, Rocheport, MO.
(b) Definitions. As used in this section, designated representative
means a commissioned, warrant, or petty officer of the U.S. Coast Guard
(USCG) assigned to units under the operational control of USCG Sector
Upper Mississippi River.
(c) Regulations.
(1) In accordance with the general safety zone regulations in Sec.
165.23, entry of persons or vessels into this safety zone described in
paragraph (a) of this section is prohibited unless authorized by the
COTP or a designated representative.
(2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or through USCG Sector Upper
Mississippi River at 314-269-2332. Persons and vessels permitted to
enter the safety zone must comply with all lawful orders or directions
issued by the COTP or designated representative.
(d) Enforcement period and informational broadcasts. This section
is subject to enforcement from September 10, 2023, through September
24, 2023. The COTP or a designated representative will inform the
public of the effective period for the safety zone and all dates and
times of enforcement, as well as reductions in size or scope of the
safety zone through Local Notice to Mariners (LNMs), Broadcast Notices
to Mariners (BNMs), and/or Safety Marine Information Broadcast (SMIB)
as appropriate. The COTP or a designated representative will inform the
public through those same means of the termination of enforcement if
enforcement of the zone is no longer required prior to the rule's
termination.
Dated: September 7, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2023-19735 Filed 9-12-23; 8:45 am]
BILLING CODE 9110-04-P