[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Rules and Regulations]
[Pages 64805-64807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17368]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0695]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Mile Marker 497.6--497.2 
LeClaire, IA and Port Byron, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Upper Mississippi River from mile marker 497.6 to 497.2. 
The safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the Great River Tug Fest 
and Firework display. Entry of vessels or persons into the zone is 
prohibited unless specifically authorized by the Captain of the Port, 
Sector Upper Mississippi River, or a designated representative.

DATES: This rule is effective from 8:30 p.m. August 9, 2024 through 11 
p.m. August 10, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0695 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 Lieutenant Commander Lars Okmark, Sector Upper 
Mississippi River Waterways Management Division, U.S. Coast Guard; 
telephone 314-269-2560, email [email protected].

[[Page 64806]]


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 under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard 
finds that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) with respect to this rule, as doing so would be 
impracticable. This is because we must establish this safety zone by 
August 9, 2024 to protect the personnel, vessels, and the marine 
environment from the potential dangers associated with fireworks and 
the festival events including a tug of war across the river. We 
therefore lack sufficient time to provide a reasonable comment period 
and then consider those comments before issuing the rule.
    Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because rapid action 
is needed to respond to the potential hazards created by heavy 
recreational and commercial marine traffic, a fireworks display, and 
the ``tug of war'' and other events associated with the Great River Tug 
Fest and Firework display starting August 9, 2024.

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 a safety zone is necessary to protect personnel, 
vessels, and the marine environment in the navigable waters from 
potential hazards created by the Great River Tug Fest and Firework 
display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on the waters of the 
Upper Mississippi River from mile markers 497.6 to 497.2 in LeClaire, 
IA and Port Byron, IL, from 8:30 p.m. August 9, 2024 to 11 p.m. on 
August 10, 2024. The safety zone is subject to enforcement during the 
following times: 8:30 p.m. to 11 p.m. on August 9, 2024; 10:30 a.m. to 
4 p.m. on August 10, 2024; and 8:30 p.m. to 11 p.m. on August 10, 2024. 
Fireworks are scheduled for the evening of August 9, 2024, with a rain 
date scheduled for the evening of August 10, 2024. Other Tug Fest 
activities requiring a safety zone are occurring late morning through 
late afternoon of August 10, 2024. The duration of this safety zone is 
intended to protect personnel, vessels, and the marine environment from 
potential hazards created by the Great River Tug Fest and Firework 
display. This rule resulted from concerns about the high number of 
recreational vessels attending the festival and fireworks display that 
will create unsafe conditions when combined with passing barge traffic 
on the Upper Mississippi River from MM 497.6 to 497.2. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. As used in 
this section, a designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of USCG Sector Upper Mississippi River or a 
Federal, State, or local officer designated by or assisting the COTP. 
The COTP or a designated representative will inform the public of the 
enforcement date and times for these safety zones, as well as any 
emergent safety concerns that may delay the enforcement of the zone.

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 size, location, 
and duration of the temporary safety zone. This action involves a 
safety zone to protect personnel, vessels, and the marine environment 
from potential hazards created by the Great River Tug Fest and Firework 
display. This rule resulted from concerns about a high number of 
recreational vessels attending the fest and firework display that will 
create unsafe conditions when combined with passing barge traffic on 
the Upper Mississippi River from MM 497.6 to 497.2. In addition, the 
rule will only close the river for short periods of time for two days. 
Moreover, the Coast Guard will publish a Local Notice to Mariners and 
mariners may seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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

[[Page 64807]]

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 on the Upper Mississippi River from MM 497.6 to 497.2 for 
short periods of time over two days. 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. 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.T08-0695 to read as follows:


Sec.  165.T08-0695  Safety Zone; Upper Mississippi River, Mile Markers 
497.6 to 497.2 LeClaire, IA and Port Byron, IL.

    (a) Location. The following area is a safety zone: all navigable 
waters within the Upper Mississippi River from Mile Marker 497.6 to 
497.2.
    (b) Enforcement period. This section will be subject to enforcement 
from 8:30 p.m. to 11 p.m. on August 9, 2024, from 10:30 a.m. to 4 p.m. 
on August 10, 2024, and from 8:30 p.m. to 11 p.m. on August 10, 2024.
    (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. 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.
    (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) Informational broadcasts. 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 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.

     Dated: July 31, 2024.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port, Sector Upper 
Mississippi River.
[FR Doc. 2024-17368 Filed 8-7-24; 8:45 am]
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