[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Proposed Rules]
[Pages 43090-43093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17875]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0231]
RIN 1625-AA08
Special Local Regulation; Kaskaskia River MM 10-11, Evansville,
IL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish temporary special
local regulations for certain waters of the Kaskaskia River. This
action is necessary to provide for the safety of life near Evansville,
IL on the Kaskaskia River from mile marker 10 to mile marker 11 during
drag boat races on September 14 and 15, 2019. This proposed rulemaking
would prohibit persons and vessels from being in the regulated area
unless authorized by the Captain of the Port Sector Upper Mississippi
River or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 4, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0231 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed 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:
[[Page 43091]]
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, Purpose, and Legal Basis
The Kentucky Drag Boat Association notified the Coast Guard that it
would be conducting drag boat races from 8 a.m. to 6 p.m. on September
14 and 15, 2019. The drag boat races will take place between Mile
Marker (MM) 10 and MM 11 on the Kaskaskia River in Evansville, IL. The
Captain of the Port Sector Upper Mississippi River (COTP) has
determined that potential hazards associated with the drag boat races
would be a safety concern for anyone within a one-mile range of the
race course area.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters before, during, and after the scheduled event.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70041 (previously 33 U.S.C. 1233).
The Coast Guard is issuing this notice of proposed rulemaking
(NPRM) with a 15-day prior notice and opportunity to comment pursuant
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C.
553). This provision authorizes an agency to publish a rule in less
than 30 days before its effective date for ``good cause found and
published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard
finds that good cause exists for publishing this NPRM with a 15-day
comment period because it is impractical to provide a 30-day comment
period. This proposed special local regulation is necessary to ensure
the safety of vessels and persons during the marine events. It is
impracticable to publish an NPRM with a 30-day comment period because
we must establish this regulated area by September 14, 2019. A 15-day
comment period would allow the Coast Guard to provide for public notice
and comment, but also update the proposed regulation soon enough that
the length of the notice and comment period does not compromise public
safety.
III. Discussion of Proposed Rule
The COTP is proposing to establish a Special Local Regulation on
the Kaskaskia River located near Evansville, IL from Mile Marker (MM)
10 to MM 11 to all vessel traffic, except for these vessels involved in
the marine event, from 8 a.m. to 6 p.m. on September 14 and 15, 2019.
The duration of the closure is intended to ensure the safety of vessels
and these navigable waters before, during, and after the scheduled
event. No vessel or person would be permitted to enter the regulated
area without obtaining permission from the COTP or a designated
representative. A designated representative may be a Patrol Commander
(PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM
(156.8 MHz) by the call sign ``PATCOM'' or by calling (314) 269-2332.
All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP or a designated representative to patrol the regulated area.
Spectator vessels desiring to transit the regulated area may do so
only with prior approval of the COTP or a designated representative and
when so directed by that officer will be operated at a minimum safe
navigation speed in a manner which will not endanger participants in
the regulated area or any other vessels.
No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
Spectator vessels may anchor outside the regulated area, but may
not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
The COTP or a designated representative may forbid and control the
movement of all vessels in the regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall come to an immediate stop
and comply with the directions given. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both.
The COTP or a designated representative may terminate the event or
the operation of any vessel at any time it is deemed necessary for the
protection of life or property.
The COTP or a designated representative will terminate enforcement
of the special local regulations at the conclusion of the event.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 size, location
and duration for the special local regulation. This special local
regulation covers only the one-mile stretch of the Kaskaskia River near
Evansville, IL on which the drag boat race will take place. The
duration of this event is only two days, encompassing 10 hours each
day. Moreover, the Coast Guard will publish details of this event via
the Local Notice to Mariners (LNMs), Broadcast Notice to Mariners
(BNM), and/or Marine Safety Information Bulletins (MSIBs) as
appropriate.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
[[Page 43092]]
While some owners or operators of vessels intending to transit the
temporary regulated area may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves the
establishment of special local regulation for a 10-hour period that
would prohibit entry into the regulated area for two days. Normally
such actions are categorically excluded from further review under
paragraph L 60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures 5090.1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T08-0231 to read as follows:
Sec. 100.T08-0231 Special Local Regulation; Kaskaskia River MM 10-
11, Evansville, IL.
(a) Location. The following area is a special local regulation: All
navigable waters of the Kaskaskia River between mile markers (MM) 10
and MM 11 in Evansville, IL.
(b) Effective period. This section is effective each day from 8
a.m. through 6 p.m. on September 14 and 15, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35, entry into this regulated area is prohibited unless
authorized by the Captain of the Port Sector Upper Mississippi River
[[Page 43093]]
(COTP) or a designated representative. A designated representative may
be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM'' or by calling
(314) 269-2332.
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP or a designated representative to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the COTP or a designated representative
and when so directed by that officer will be operated at a minimum safe
navigation speed in a manner which will not endanger participants in
the regulated area or any other vessels.
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(5) Spectator vessels may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
(6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(7) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
(8) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
regulated area through Local Notice to Mariners (LNMs), Broadcast
Notice to Mariners (BNM), and/or Marine Safety Information Bulletins
(MSIBs) as appropriate.
Dated: August 14, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019-17875 Filed 8-19-19; 8:45 am]
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