83 FR 16811 - Safety Zones; Coast Guard Sector Upper Mississippi River Annual and Recurring Safety Zones Update
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 74 (April 17, 2018)
Coast Guard
Federal Register Volume 83, Issue 74 (April 17, 2018)
| Page Range | 16811-16815 | |
| FR Document | 2018-08013 |
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)] [Proposed Rules] [Pages 16811-16815] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08013] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0038] RIN 1625-AA00 Safety Zones; Coast Guard Sector Upper Mississippi River Annual and Recurring Safety Zones Update AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to amend its safety zone regulations for annual events in Coast Guard Sector Upper Mississippi River. This proposed rule would add one new recurring safety zone, remove four safety zones, and amend the sponsor/name, date, and/or safety zones for three recurring safety zones already listed in the current table. This action is necessary to protect spectators, participants, and vessels from the hazards associated with annual marine events. This proposed rulemaking would restrict vessel traffic from the safety zones during the events 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 May 17, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2018-0038 using the Federal eRulemaking Portal at http://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 on this proposed rule, call or email Lieutenant Commander Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone (314) 269-2568, email Sean.M.Peterson@uscg,mil. 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, Purpose, and Legal Basis The Captain of the Port Sector Upper Mississippi River (COTP) proposes to amend 33 CFR 165.801 to update the table of annual fireworks displays and other marine-related events in Coast Guard Sector Upper Mississippi River. The current list of annual and recurring safety zones in Sector Upper Mississippi River is published in Table 2 of 33 CFR 165.801. That most recent table was created through the final rule published on June 21, 2017 (82 FR 28235). The current table in 33 CFR 165.801 needs to be amended to include new safety zones expected to recur annually or biannually, remove safety zones no longer recurring, and provide new information on existing safety zones. The proposed annually recurring safety zones are necessary to provide for the safety of life on navigable waters during the events. Based on the nature of these marine events, large numbers of participants and spectators, and event locations, the COTP has determined that the events listed in this proposed rule could pose a risk to participants or waterways users if the normal vessel traffic were to interfere with the events. Possible hazards include risks of injury or death from near or actual contact among participant vessels and spectators or mariners traversing through the safety zone. In order to protect the safety of all waterway users, including event participants and spectators, this proposed rule would establish safety zones for the time and location of each marine event. This purpose of this proposed rulemaking is to ensure the safety of vessels on the navigable waters in the safety zones during the scheduled events. Vessels would not be permitted to enter the safety zone unless authorized by the COTP or a designated representative. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231. III. Discussion of Proposed Rule The COTP proposes to amend its safety zone regulations for annual events in Coast Guard Sector Upper Mississippi River listed in Table 2 of 33 CFR 165.801. This section requires amendment from time to time to properly reflect the recurring safety zone regulations in Sector Upper Mississippi River. This rule would add one new recurring safety zone, remove four no longer recurring safety zones, and amend the sponsor/ name, date, and/or safety zones for three recurring safety zones already listed in the current table. Other than this one new safety [[Page 16812]] zone, four removed safety zones, and 3 changes to the sponsor/name, date, and/or safety zones of certain events, the regulations of 33 CFR 165.801 and the other provisions in Table 2 of Sec. 165.801 would remain unchanged. The Coast Guard proposes to revise regulations at 33 CFR 165.801 Table 2 by adding one new safety zone. The safety zone being added to Table 2 is below: ---------------------------------------------------------------------------------------------------------------- Sector Upper Date Sponsor/name Mississippi River Safety zone location ---------------------------------------------------------------------------------------------------------------- 2 days--3rd Weekend in July.......... Kentucky Drag Boat Evansville, IL......... Kaskaskia River mile Association/ marker 9 to 11. Evansville, IL Drag Boat Races. ---------------------------------------------------------------------------------------------------------------- The Coast Guard also proposes to revise regulations at 33 CFR 165.801 Table 2 by removing the following four existing safety zones that are no longer recurring, with reference by line number to the current Table 2 of 33 CFR 165.801. The four existing safety zones being removed are below: ---------------------------------------------------------------------------------------------------------------- Sector Upper Line Date Sponsor/name Mississippi River Safety zone location ---------------------------------------------------------------------------------------------------------------- 3............... 1 day--2nd Weekend of City of Champlin/ Champlin, MN.......... Upper Mississippi June. Father Hennepin River mile marker Fireworks Display. 870.5 to 872.0. 22.............. 1 day--3rd Sunday in Burlington Steamboat Burlington, IA........ Upper Mississippi June. Days/Burlington River mile marker Steamboat Days. 403.5 to 404.5. 34.............. 1 day--4th of July McGregor/Marquette Marquette, IA......... Upper Mississippi Weekend. Chamber Commerce/ River mile marker Independence Day 635.7 to 634.2. Celebration. 37.............. 2 days--3rd Weekend of Riverside Chamber of Riverside, MO......... Missouri River mile September. Commerce/Riverfest. marker 371.8 to 372.2. ---------------------------------------------------------------------------------------------------------------- The Coast Guard also proposes to revise regulations at 33 CFR 165.801 Table 2 by amending three existing safety zones listed in the current table. The amendments involve changes to marine event sponsor/ name and/or safety zones, with reference by line number to the current Table 2 of 33 CFR 165.801. The three safety zones being amended are below: This proposed rule modifies the following three safety zones from the existing Table 2 in Sec. 165.801 as follows: ---------------------------------------------------------------------------------------------------------------- Sector Upper Line Date Sponsor/name Mississippi Safety zone Revision River location ---------------------------------------------------------------------------------------------------------------- 1............. 1 day--4th Marketing Minneapolis, MN Upper Sponsor/name. Weekend in July. Minneapolis LLC/ Mississippi Aquatennial River mile Fireworks. marker 853.2 to 854.2. 32............ 1 day--4th of Grafton Chamber Grafton, IL.... Upper Safety zone. July Weekend. of Commerce/ Mississippi Grafton Chamber River mile 4th of July marker 218 to Fireworks. 219. 41............ 1 day--4th of City of East East Moline, IL Upper Date and safety zone. July Week. Moline/City of Mississippi East Moline River mile Fireworks. marker 489.9 to 490.2. ---------------------------------------------------------------------------------------------------------------- The amendments to this rule are necessary to ensure the safety of vessels and people during annual events taking place on or near navigable waters in Sector Upper Mississippi River. Although this proposed rule would be in effect year-round, the specific safety zones listed in Table 2 of 33 CFR 165.801 would only be enforced during a specified period of time coinciding with the happening of the annual events listed. In accordance with the regulations listed in 33 CFR 165.801(a)-(d), entry into these safety zones is prohibited unless authorized by the COTP or a designated representative. The regulatory text of the updated Table 2 of Sec. 165.801 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 of the safety zones. These safety zones are limited in size and duration, and are usually positioned away from high vessel traffic zones. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zones, and the rule would allow vessels to seek permission to enter the zones. [[Page 16813]] 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. While some owners or operators of vessels intending to transit the safety zone 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 Commandant Instruction M16475.lD, 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 establishing safety zones limiting access to certain areas under 33 CFR 165 within the COTP Zone. Normally such actions are categorically excluded from further review under paragraph L60(a) 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. 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 http://www.regulations.gov. If your material cannot be submitted using http://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 http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://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 http://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 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the U.S. Coast Guard proposes to amend 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: [[Page 16814]] Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. Sec. 165.801 [Amended] 0 2. In Sec. 165.801, revise Table 2 to read as follows: Table 2 of Sec. 165.801--Sector Upper Mississippi River Annual and Recurring Safety Zones ---------------------------------------------------------------------------------------------------------------- Sector Upper Date Sponsor/name Mississippi River Safety zone location ---------------------------------------------------------------------------------------------------------------- 1. 1 day--4th Weekend in July........ Marketing Minneapolis Minneapolis, MN........ Upper Mississippi River LLC/Aquatennial mile marker 853.2 to Fireworks. 854.2. 2. 1 day--4th of July weekend........ Radio Dubuque/Radio Dubuque, IA............ Upper Mississippi River Dubuque Fireworks and mile marker 581.0 to Air show. 583.0. 3. 1 day--4th of July weekend........ Downtown Main Street/ Red Wing, MN........... Upper Mississippi River Mississippi mile marker 790.8 to Alumination. 791.2. 4. 1 day--4th of July weekend........ Tan-Tar-A Resort/Tan- Lake of the Ozarks, MO. Lake of the Ozarks mile Tar-A 4th of July marker 025.8 to 026.2. Fireworks. 5. 1 day--1st weekend of September... Tan-Tar-A Resort/Tan- Lake of the Ozarks, MO. Lake of the Ozarks mile Tar-A Labor Day marker 025.8 to 026.2. Fireworks. 6. 1 day--Last Sunday in May......... Tan-Tar-A Resort/Tan- Lake of the Ozarks, MO. Lake of the Ozarks mile Tar-A Memorial Day marker 025.8 to 026.2. fireworks. 7. 1 day--4th of July weekend........ Lake City Chamber of Lake City, MN.......... Upper Mississippi River Commerce/Lake City 4th mile marker 772.4 to of July Fireworks. 772.8. 8. 1 day--4th of July weekend........ Greater Muscatine Muscatine, IA.......... Upper Mississippi River Chamber of Commerce/ mile marker 455.0 to Muscatine 4th of July. 456.0. 9. 1 day--Last weekend in June/First Friends of the River Kansas City, KS........ Missouri River mile weekend in July. Kansas City/KC marker 364.8 to 365.2. Riverfest. 10. 1 day--4th of July weekend....... Louisiana Chamber of Louisiana, MO.......... Upper Mississippi River Commerce/Louisiana mile marker 282.0 to July 4th Fireworks. 283.0. 11. 1 day--4th of July weekend....... Guttenberg Development Guttenberg, IA......... Upper Mississippi River and Tourism/Stars and mile marker 615.0 to Stripes River Day. 615.5. 12. 4 days--1st or 2nd week of July.. Riverfest, Inc./La La Crosse, WI.......... Upper Mississippi River Crosse Riverfest. mile marker 697.5 to 698.5 (Wisconsin). 13. 1 day--2nd weekend in July....... Prairie du Chien Area Prairie du Chien, WI... Upper Mississippi River Chamber of Commerce/ mile marker 635.2 to Prairie du Chien Area 635.7. Chamber Fireworks. 14. 1 day--4th of July weekend....... JMP Radio/Red White and Peoria, IL............. Illinois River mile Boom Peoria. marker 162.5 to 162.1. 15. 1 day--Last weekend in June/First Hudson Boosters/Hudson Hudson, WI............. St. Croix River mile weekend in July. Booster Days. marker 016.8 to 017.2. 16. 2 days--4th of July weekend...... City of St. Charles/St. St. Charles, MO........ Missouri River mile Charles Riverfest. marker 028.2 to 028.8. 17. 1 day--4th of July weekend....... Minneapolis Park and Minneapolis, MN........ Upper Mississippi River Recreation Board/Red, mile marker 853.5 to White, and Boom 854.5. Minneapolis. 18. 1 day--4th of July weekend....... Davenport One Chamber/ Davenport, IA.......... Upper Mississippi River Red White and Boom. mile marker 482.0 to 482.7. 19. 2 days--3rd weekend of July...... Amelia Earhart Festival Kansas City, KS........ Missouri River mile Committee/Amelia marker 422.0 to 424.5. Earhart Festival. 20. 1 day--4th of July weekend....... Alton Exposition Alton, IL.............. Upper Mississippi River Commission/Mississippi mile marker 202.5 to Fireworks Festival. 203.0. 21. 1 day--Last Sunday in May........ Lodge of the Four Lake of the Ozarks, MO. Lake of the Ozarks mile Seasons/Lodge of the marker 013.8 to 014.2. Four Seasons Memorial Day Fireworks. 22. 1 day--First weekend of September Lodge of the Four Lake of the Ozarks, MO. Lake of the Ozarks mile Seasons/Labor Day marker 013.8 to 014.2. Fireworks. 23. 1 day--4th of July weekend....... Lodge of the Four Lake of the Ozarks, MO. Lake of the Ozarks mile Seasons/Lodge of the marker 013.8 to 014.2. Four Seasons 4th of July. 24. 2 days--3rd weekend in July...... Hasting Riverboat Days/ Hasting, MN............ Upper Mississippi River Rivertown Days. mile marker 813.7 to 815.2. 25. 1 day--Sunday of Father's Day Winona Steamboat Days/ Winona, MN............. Upper Mississippi River weekend. Winona Steamboat Days mile marker 725.4 to Fireworks. 725.7. 26. 3 days--4th of July weekend...... Fair of St. Louis/Fair St. Louis, MO.......... Upper Mississippi River St. Louis. mile marker 179.2 to 180.0. 27. 1 day--Last weekend in June/First Bellevue Heritage Days/ Bellevue, IA........... Upper Mississippi River weekend in July. Bellevue Heritage Days. mile marker 556.0 to 556.5. 28. 1 day--4th of July weekend....... Main Street Parkway Parkville, MO.......... Missouri River mile Association/Parkville marker 378.0 to 377.5. 4th of July Fireworks. 29. 1 day--4th of July weekend....... Hermann Chamber of Hermann, MO............ Missouri River mile Commerce/Hermann 4th marker 097.0 to 098.0 of July. (Missouri). 30. 1 day--4th of July weekend....... Grafton Chamber of Grafton, IL............ Upper Mississippi River Commerce/Grafton mile marker 218 to Chamber 4th of July 219. Fireworks. [[Page 16815]] 31. 1 day--4th of July weekend....... Salute to America Jefferson City, MO..... Missouri River mile Foundation, Inc./ marker 143.5 to 143.0 Salute to America. (Missouri). 32. 2 days--2nd weekend in August.... Tug Committee/Great Port Byron, IL......... Upper Mississippi River River Tug. mile marker 497.2 to 497.6 (Illinois). 33. 1 day--4th of July weekend....... City of Stillwater/St. Stillwater, MN......... St. Croix River mile Croix Events/ marker 022.9 to 023.5 Stillwater 4th of July. (Minnesota). 34. 4 days--3rd week of July......... St. Croix Events/ Stillwater, MN......... St. Croix River mile Lumberjack Days. marker 022.9 to 023.5 (Minnesota). 35. 2 days--Weekend that precedes Lake of the Ozarks Lake of the Ozarks, MO. Lake of the Ozarks mile Labor Day Weekend. Shootout, Inc./Lake of marker 032.5 to 034.5. the Ozarks Shootout. 36. 2 days--1st weekend of September. City of Keithsburg/ Keithsburg, IL......... Upper Mississippi River Keithsburg Fireworks mile marker 427.5 to Display. 427.3. 37. 1 day--4th of July Week.......... City of East Moline/ East Moline, IL........ Upper Mississippi River City of East Moline mile marker 489.9 to Fireworks. 490.2. 38. 2nd Weekend in August............ Lansing Lion's Club/ Lansing, IA............ Upper Mississippi River Lansing Fish Days mile marker 662.8- Fireworks. 663.9. 39. 3rd Weekend in August............ River Action/Floatzilla Rock Island, Illinois.. Upper Mississippi River mile marker 479.0- 486.0. 40. 1 day--Weekend before Main Street Parkway Parkville, MO.......... Missouri River mile Thanksgiving. Association/Parkville marker 377.5 to 378.0. Christmas on the River. 41. 1 day--4th of July weekend....... City of Marquette/ Marquette, IA.......... Upper Mississippi River Marquette Independence mile marker 634.2 to Day Celebration. 635.7. 42. 1 day--1st Weekend in June....... St. Louis Brewers Guild St. Louis, MO.......... Upper Mississippi River Festival Fireworks. mile marker 179.2-180 43. 1 day--4th Weekend in May........ Lumiere Place/Memorial St. Louis, MO.......... Upper Mississippi River Day Fireworks. mile marker 180-180.5 44. 1 day--1st Weekend in July....... Lumiere Place/4th of St. Louis, MO.......... Upper Mississippi River July Fireworks. mile marker 180-180.5 45. 1 day--1st Weekend in September.. Lumiere Place/Labor Day St. Louis, MO.......... Upper Mississippi River Fireworks. mile marker 180-180.5 46. 2 days--3rd Weekend in July...... Kentucky Drag Boat Evansville, IL......... Kaskaskia River mile Association/ marker 9 to 11. Evansville, IL Drag Boat Races. ---------------------------------------------------------------------------------------------------------------- Dated: April 11, 2018. Scott A. Stoermer, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River. [FR Doc. 2018-08013 Filed 4-16-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules 16811
§ 100.T08–0320 Special Local Regulation; DEPARTMENT OF HOMELAND II. Background, Purpose, and Legal
Monongahela River (MM 0.22), Allegheny SECURITY Basis
River (MM 0.8), and Ohio River (MM 0.8),
Pittsburgh, PA. The Captain of the Port Sector Upper
Coast Guard
Mississippi River (COTP) proposes to
(a) Location. The following is a
amend 33 CFR 165.801 to update the
special local regulation for all navigable 33 CFR Part 165
table of annual fireworks displays and
waters of the Allegheny, Monongahela,
[Docket Number USCG–2018–0038] other marine-related events in Coast
and Ohio Rivers between the Ninth
Guard Sector Upper Mississippi River.
Street Highway Bridge at mile marker
RIN 1625–AA00 The current list of annual and recurring
(MM) 0.8, Allegheny River, Fort Pitt
safety zones in Sector Upper Mississippi
Highway Bridge at MM 0.22, Safety Zones; Coast Guard Sector River is published in Table 2 of 33 CFR
Monongahela River, and West End- Upper Mississippi River Annual and 165.801. That most recent table was
North Side Highway Bridge at MM 0.8, Recurring Safety Zones Update created through the final rule published
Ohio River.
on June 21, 2017 (82 FR 28235). The
(b) Applicability. This section applies AGENCY: Coast Guard, DHS.
current table in 33 CFR 165.801 needs
to any vessel operating within the area, ACTION: Notice of proposed rulemaking. to be amended to include new safety
including a naval or public vessel, zones expected to recur annually or
except a vessel engaged in: SUMMARY: The Coast Guard proposes to
amend its safety zone regulations for biannually, remove safety zones no
(1) Law enforcement; longer recurring, and provide new
(2) Servicing aids to navigation; or annual events in Coast Guard Sector
Upper Mississippi River. This proposed information on existing safety zones.
(3) Surveying, maintaining, or The proposed annually recurring
improving waters within the regulated rule would add one new recurring safety
safety zones are necessary to provide for
area. zone, remove four safety zones, and
the safety of life on navigable waters
amend the sponsor/name, date, and/or
(c) Regulations. (1) In accordance with during the events. Based on the nature
safety zones for three recurring safety
the general regulations in § 100.801 of of these marine events, large numbers of
zones already listed in the current table.
this part, no vessel shall loiter, anchor, participants and spectators, and event
This action is necessary to protect
stop, moor, remain or drift in any locations, the COTP has determined that
spectators, participants, and vessels
manner as to impede safe passage of the events listed in this proposed rule
from the hazards associated with annual
another vessel to any launching ramp, could pose a risk to participants or
marine events. This proposed
marina, or fleeting area unless waterways users if the normal vessel
rulemaking would restrict vessel traffic
authorized by the Captain of the Port traffic were to interfere with the events.
from the safety zones during the events
Marine Safety Unit Pittsburgh (COTP) or Possible hazards include risks of injury
unless authorized by the Captain of the
a designated representative. They may or death from near or actual contact
Port Sector Upper Mississippi River or
be contacted on VHF–FM Channel 16. among participant vessels and
a designated representative. We invite
(2) No vessel shall loiter, anchor, stop, spectators or mariners traversing
your comments on this proposed
moor, remain or drift at any time more through the safety zone. In order to
rulemaking.
than 100 feet from any river bank within protect the safety of all waterway users,
the regulated area unless authorized by DATES: Comments and related material including event participants and
the COTP or a designated must be received by the Coast Guard on spectators, this proposed rule would
representative. or before May 17, 2018. establish safety zones for the time and
(3) Persons and vessels permitted to ADDRESSES: You may submit comments location of each marine event.
enter this regulated area must transit at identified by docket number USCG– This purpose of this proposed
their slowest safe speed and comply 2018–0038 using the Federal rulemaking is to ensure the safety of
with all lawful directions issued by the eRulemaking Portal at http:// vessels on the navigable waters in the
COTP or the designated representative. www.regulations.gov. See the ‘‘Public safety zones during the scheduled
(4) Persons and vessels permitted to Participation and Request for events. Vessels would not be permitted
enter this regulated area must transit at Comments’’ portion of the to enter the safety zone unless
their slowest safe speed and comply SUPPLEMENTARY INFORMATION section for authorized by the COTP or a designated
with all lawful directions issued by the further instructions on submitting representative. The Coast Guard
COTP or the designated representative. comments. proposes this rulemaking under
(d) Effective period. This section will authority in 33 U.S.C. 1231.
FOR FURTHER INFORMATION CONTACT: If
be effective from 4 p.m. on June 29, you have questions on this proposed III. Discussion of Proposed Rule
2018 through noon on July 1, 2018. rule, call or email Lieutenant The COTP proposes to amend its
(e) Informational broadcasts. The Commander Sean Peterson, Chief of safety zone regulations for annual
COTP or a designated representative Prevention, U.S. Coast Guard; telephone events in Coast Guard Sector Upper
will inform the public through (314) 269–2568, email Mississippi River listed in Table 2 of 33
Broadcast Notices to Mariners (BNMs) Sean.M.Peterson@uscg,mil. CFR 165.801. This section requires
of the enforcement period for the SUPPLEMENTARY INFORMATION: amendment from time to time to
regulated area as well as any changes in
I. Table of Abbreviations properly reflect the recurring safety
the dates and times of enforcement.
amozie on DSK30RV082PROD with PROPOSALS
zone regulations in Sector Upper
Dated: April 12, 2018. CFR Code of Federal Regulations Mississippi River. This rule would add
F.M. Smith, COTP Captain of the Port Sector Upper one new recurring safety zone, remove
Mississippi River
Lieutenant Commander, U.S. Coast Guard,
DHS Department of Homeland Security
four no longer recurring safety zones,
Captain of the Port Marine Safety Unit and amend the sponsor/name, date,
FR Federal Register
Pittsburgh, Acting. and/or safety zones for three recurring
NPRM Notice of proposed rulemaking
[FR Doc. 2018–08032 Filed 4–16–18; 8:45 am] § Section safety zones already listed in the current
BILLING CODE 9110–04–P U.S.C. United States Code table. Other than this one new safety
VerDate Sep<11>2014 17:38 Apr 16, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\17APP1.SGM 17APP1](https://thefederalregister.org/doc/83_FR_16885/page/1.svg)
![16814 Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Department of Homeland Security Delegation § 165.801 [Amended]
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; No. 0170.1. ■ 2. In § 165.801, revise Table 2 to read
as follows:
TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES
Sector Upper
Date Sponsor/name Mississippi Safety zone
River location
1. 1 day—4th Weekend in Marketing Minneapolis LLC/Aquatennial Minneapolis, MN ................ Upper Mississippi River mile marker
July. Fireworks. 853.2 to 854.2.
2. 1 day—4th of July week- Radio Dubuque/Radio Dubuque Fire- Dubuque, IA ...................... Upper Mississippi River mile marker
end. works and Air show. 581.0 to 583.0.
3. 1 day—4th of July week- Downtown Main Street/Mississippi Red Wing, MN ................... Upper Mississippi River mile marker
end. Alumination. 790.8 to 791.2.
4. 1 day—4th of July week- Tan-Tar-A Resort/Tan-Tar-A 4th of July Lake of the Ozarks, MO .... Lake of the Ozarks mile marker 025.8 to
end. Fireworks. 026.2.
5. 1 day—1st weekend of Tan-Tar-A Resort/Tan-Tar-A Labor Day Lake of the Ozarks, MO .... Lake of the Ozarks mile marker 025.8 to
September. Fireworks. 026.2.
6. 1 day—Last Sunday in Tan-Tar-A Resort/Tan-Tar-A Memorial Lake of the Ozarks, MO .... Lake of the Ozarks mile marker 025.8 to
May. Day fireworks. 026.2.
7. 1 day—4th of July week- Lake City Chamber of Commerce/Lake Lake City, MN .................... Upper Mississippi River mile marker
end. City 4th of July Fireworks. 772.4 to 772.8.
8. 1 day—4th of July week- Greater Muscatine Chamber of Com- Muscatine, IA ..................... Upper Mississippi River mile marker
end. merce/Muscatine 4th of July. 455.0 to 456.0.
9. 1 day—Last weekend in Friends of the River Kansas City/KC Kansas City, KS ................ Missouri River mile marker 364.8 to
June/First weekend in Riverfest. 365.2.
July.
10. 1 day—4th of July week- Louisiana Chamber of Commerce/Lou- Louisiana, MO ................... Upper Mississippi River mile marker
end. isiana July 4th Fireworks. 282.0 to 283.0.
11. 1 day—4th of July week- Guttenberg Development and Tourism/ Guttenberg, IA ................... Upper Mississippi River mile marker
end. Stars and Stripes River Day. 615.0 to 615.5.
12. 4 days—1st or 2nd Riverfest, Inc./La Crosse Riverfest ......... La Crosse, WI ................... Upper Mississippi River mile marker
week of July. 697.5 to 698.5 (Wisconsin).
13. 1 day—2nd weekend in Prairie du Chien Area Chamber of Com- Prairie du Chien, WI .......... Upper Mississippi River mile marker
July. merce/Prairie du Chien Area Chamber 635.2 to 635.7.
Fireworks.
14. 1 day—4th of July week- JMP Radio/Red White and Boom Peoria Peoria, IL ........................... Illinois River mile marker 162.5 to 162.1.
end.
15. 1 day—Last weekend in Hudson Boosters/Hudson Booster Days Hudson, WI ........................ St. Croix River mile marker 016.8 to
June/First weekend in 017.2.
July.
16. 2 days—4th of July City of St. Charles/St. Charles Riverfest St. Charles, MO ................. Missouri River mile marker 028.2 to
weekend. 028.8.
17. 1 day—4th of July week- Minneapolis Park and Recreation Board/ Minneapolis, MN ................ Upper Mississippi River mile marker
end. Red, White, and Boom Minneapolis. 853.5 to 854.5.
18. 1 day—4th of July week- Davenport One Chamber/Red White and Davenport, IA .................... Upper Mississippi River mile marker
end. Boom. 482.0 to 482.7.
19. 2 days—3rd weekend of Amelia Earhart Festival Committee/ Kansas City, KS ................ Missouri River mile marker 422.0 to
July. Amelia Earhart Festival. 424.5.
20. 1 day—4th of July week- Alton Exposition Commission/Mississippi Alton, IL ............................. Upper Mississippi River mile marker
end. Fireworks Festival. 202.5 to 203.0.
21. 1 day—Last Sunday in Lodge of the Four Seasons/Lodge of the Lake of the Ozarks, MO .... Lake of the Ozarks mile marker 013.8 to
May. Four Seasons Memorial Day Fire- 014.2.
works.
22. 1 day—First weekend of Lodge of the Four Seasons/Labor Day Lake of the Ozarks, MO .... Lake of the Ozarks mile marker 013.8 to
September. Fireworks. 014.2.
23. 1 day—4th of July week- Lodge of the Four Seasons/Lodge of the Lake of the Ozarks, MO .... Lake of the Ozarks mile marker 013.8 to
end. Four Seasons 4th of July. 014.2.
24. 2 days—3rd weekend in Hasting Riverboat Days/Rivertown Days Hasting, MN ....................... Upper Mississippi River mile marker
July. 813.7 to 815.2.
25. 1 day—Sunday of Fa- Winona Steamboat Days/Winona Steam- Winona, MN ....................... Upper Mississippi River mile marker
ther’s Day weekend. boat Days Fireworks. 725.4 to 725.7.
26. 3 days—4th of July Fair of St. Louis/Fair St. Louis ................ St. Louis, MO .................... Upper Mississippi River mile marker
weekend. 179.2 to 180.0.
27. 1 day—Last weekend in Bellevue Heritage Days/Bellevue Herit- Bellevue, IA ....................... Upper Mississippi River mile marker
amozie on DSK30RV082PROD with PROPOSALS
June/First weekend in age Days. 556.0 to 556.5.
July.
28. 1 day—4th of July week- Main Street Parkway Association/Park- Parkville, MO ..................... Missouri River mile marker 378.0 to
end. ville 4th of July Fireworks. 377.5.
29. 1 day—4th of July week- Hermann Chamber of Commerce/Her- Hermann, MO .................... Missouri River mile marker 097.0 to
end. mann 4th of July. 098.0 (Missouri).
30. 1 day—4th of July week- Grafton Chamber of Commerce/Grafton Grafton, IL ......................... Upper Mississippi River mile marker 218
end. Chamber 4th of July Fireworks. to 219.
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![Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Proposed Rules 16815
TABLE 2 OF § 165.801—SECTOR UPPER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES—Continued
Sector Upper
Date Sponsor/name Mississippi Safety zone
River location
31. 1 day—4th of July week- Salute to America Foundation, Inc./Sa- Jefferson City, MO ............ Missouri River mile marker 143.5 to
end. lute to America. 143.0 (Missouri).
32. 2 days—2nd weekend in Tug Committee/Great River Tug ............. Port Byron, IL .................... Upper Mississippi River mile marker
August. 497.2 to 497.6 (Illinois).
33. 1 day—4th of July week- City of Stillwater/St. Croix Events/Still- Stillwater, MN .................... St. Croix River mile marker 022.9 to
end. water 4th of July. 023.5 (Minnesota).
34. 4 days—3rd week of St. Croix Events/Lumberjack Days ......... Stillwater, MN .................... St. Croix River mile marker 022.9 to
July. 023.5 (Minnesota).
35. 2 days—Weekend that Lake of the Ozarks Shootout, Inc./Lake Lake of the Ozarks, MO .... Lake of the Ozarks mile marker 032.5 to
precedes Labor Day of the Ozarks Shootout. 034.5.
Weekend.
36. 2 days—1st weekend of City of Keithsburg/Keithsburg Fireworks Keithsburg, IL .................... Upper Mississippi River mile marker
September. Display. 427.5 to 427.3.
37. 1 day—4th of July Week City of East Moline/City of East Moline East Moline, IL .................. Upper Mississippi River mile marker
Fireworks. 489.9 to 490.2.
38. 2nd Weekend in August Lansing Lion’s Club/Lansing Fish Days Lansing, IA ........................ Upper Mississippi River mile marker
Fireworks. 662.8–663.9.
39. 3rd Weekend in August River Action/Floatzilla .............................. Rock Island, Illinois ........... Upper Mississippi River mile marker
479.0–486.0.
40. 1 day—Weekend before Main Street Parkway Association/Park- Parkville, MO ..................... Missouri River mile marker 377.5 to
Thanksgiving. ville Christmas on the River. 378.0.
41. 1 day—4th of July week- City of Marquette/Marquette Independ- Marquette, IA ..................... Upper Mississippi River mile marker
end. ence Day Celebration. 634.2 to 635.7.
42. 1 day—1st Weekend in St. Louis Brewers Guild Festival Fire- St. Louis, MO .................... Upper Mississippi River mile marker
June. works. 179.2–180
43. 1 day—4th Weekend in Lumiere Place/Memorial Day Fireworks St. Louis, MO .................... Upper Mississippi River mile marker
May. 180–180.5
44. 1 day—1st Weekend in Lumiere Place/4th of July Fireworks ....... St. Louis, MO .................... Upper Mississippi River mile marker
July. 180–180.5
45. 1 day—1st Weekend in Lumiere Place/Labor Day Fireworks ....... St. Louis, MO .................... Upper Mississippi River mile marker
September. 180–180.5
46. 2 days—3rd Weekend in Kentucky Drag Boat Association/Evans- Evansville, IL ..................... Kaskaskia River mile marker 9 to 11.
July. ville, IL Drag Boat Races.
Dated: April 11, 2018. rulemaking would prohibit persons and COTP Captain of the Port Sector New
Scott A. Stoermer, vessels from being in the safety zone Orleans
unless authorized by the Captain of the DHS Department of Homeland Security
Captain, U.S. Coast Guard, Captain of the
FR Federal Register
Port Sector Upper Mississippi River. Port Sector New Orleans or a designated NPRM Notice of proposed rulemaking
[FR Doc. 2018–08013 Filed 4–16–18; 8:45 am] representative. We invite your § Section
BILLING CODE 9110–04–P comments on this proposed rulemaking. U.S.C. United States Code
DATES: Comments and related material II. Background, Purpose, and Legal
must be received by the Coast Guard on Basis
DEPARTMENT OF HOMELAND or before May 17, 2018.
SECURITY On April 4, 2018, Geaux Pyro notified
ADDRESSES: You may submit comments the Coast Guard that it would conduct
Coast Guard identified by docket number USCG– a fireworks display from 7 p.m. through
2018–0332 using the Federal 7:20 p.m. on July 4, 2018, for a wedding
33 CFR Part 165 eRulemaking Portal at http:// celebration. The fireworks are to be
[Docket Number USCG–2018–0332]
www.regulations.gov. See the ‘‘Public launched from a barge on the
Participation and Request for Tchefuncte River, at approximate
RIN 1625–AA00 Comments’’ portion of the position 30°24′11.63″ N 090°09′17.39″
SUPPLEMENTARY INFORMATION section for W, in front of the Madisonville Town
Safety Zone; Lower Tchefuncte River, further instructions on submitting Hall. Hazards from firework displays
Madisonville, LA comments. include accidental discharge of
AGENCY: Coast Guard, DHS. fireworks, dangerous projectiles, and
FOR FURTHER INFORMATION CONTACT: If falling hot embers or other debris. The
ACTION: Notice of proposed rulemaking. you have questions on this rule, call or Captain of the Port Sector New Orleans
email Lieutenant Commander Howard
amozie on DSK30RV082PROD with PROPOSALS
SUMMARY: The Coast Guard proposes to (COTP) has determined that potential
establish a temporary safety zone for Vacco, Sector New Orleans, U.S. Coast hazards associated with the fireworks to
certain navigable waters of the Guard; telephone 504–365–2281, email be used in this display would be a safety
Tchefuncte River. This action is Howard.K.Vacco@uscg.mil. concern for anyone within 100 yards of
necessary to provide for the safety of life SUPPLEMENTARY INFORMATION: the launch barge.
on these navigable waters near The purpose of this rulemaking is to
Madisonville, LA, during a fireworks I. Table of Abbreviations ensure the safety of vessels and the
display on July 4, 2018. This proposed CFR Code of Federal Regulations navigable waters within a 100-yard
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Document Created: 2018-04-17 02:53:06
Document Modified: 2018-04-17 02:53:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before May 17, 2018. | |
| Contact | If you have questions on this proposed rule, call or email Lieutenant Commander Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone (314) 269-2568, email [email protected],mil. | |
| FR Citation | 83 FR 16811 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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