Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Rules and Regulations 62707 

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 

Nathaniel.D.Dibley@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

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 

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 


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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. 

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 

■ 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. 

■ 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 


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