9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0366]
RIN 1625-AA00
Safety Zone; Upper Mississippi River, Prairie du Chien, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable
waters on the Upper Mississippi River between 636-635, east of Island number one
hundred seventy-two. The safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards created by high-speed power vessels. Entry
of vessels or persons into this zone is prohibited unless specifically authorized by the
Captain of the Port, Sector Upper Mississippi River.
DATES: This rule is effective from 6 a.m. on June 21, 2024, through 6 p.m. on
June 23, 2024. The rule is subject to enforcement from 6 a.m. through 6 p.m. each
day.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0366 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 about this
rule, call or email MST1 Benjamin Conger, Sector Upper Mississippi River Waterways

Management Division, U.S. Coast Guard; telephone 314-269-2550, email
Benjamin.D.Conger@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR
DHS
FR
NPRM
§
U.S.C.

Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
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
publishing an NPRM would be impracticable due to the date the event is taking place. It
is impracticable to publish an NPRM because we must establish this safety zone by June
21, 2024, and lacks sufficient time to provide a reasonable comment period and to
consider those comments before issuing the rule. 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 and contrary to the public interest due to the date the event is taking place.
Delaying the effective date of this rule would be impracticable and contrary to public
interest because we must establish the safety zone by June 21, 2024, in order to protect
personnel, vessels, and the marine environment from the potential safety hazards
associated with the high-speed power vessel racecourse event occurring on that date.

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 Great Lakes Watercross Race, on June 21, 2024, will be a safety
concern for anyone within the marked area of the racecourse. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable waters within the
safety zone while the race is being conducted.
IV. Discussion of the Rule
This rule establishes a safety zone from 6 a.m. through 6 p.m. each day on
June 21 to June 23, 2024. The safety zone will cover all navigable waters within the
Great Lakes Watercross Race, on the Upper Mississippi River, between Mile Markers
635 to 636 east of Island number one hundred seventy-two. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in these navigable
waters while the race is conducted. No vessel or person will be permitted to transit the
safety zone without obtaining permission from the COTP or a designated representative.
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 the limited duration and
narrowly tailored geographic areas of the safety zone. Although this rule restricts access
to the waters encompassed by the safety zone, the effect of this rule will not be
significant because the local waterways users will be notified to ensure the safety zone
will result in minimal impact. In addition, normal marine traffic will be minimally
impacted as race officials will allow traffic to pass between races. The navigation channel
west of Island number one hundred seventy-two will not be impacted by the safety zone
and will remain open. The vessels desiring to transit through or around the temporary
safety zone may do so upon express permission from the COTP or the COTP’s
designated representative.
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 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 lasting from 6 a.m. to 6 p.m. that will prohibit entry between Mile Markers
635-636 east of Island number one hundred seventy-two. 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.T08-0366 to read as follows:
§ 165.T08-0366 Safety Zone; Upper Mississippi River, Mile Markers 635-636 east of
Island number one hundred seventy-two, Prairie du Chien, WI.
(a) Location. The following area is a safety zone: all navigable waters within the
Upper Mississippi River, Mile Markers 635-636 east of Island number one hundred
seventy-two, Prairie du Chien, WI.
(b) Regulations. (1) Under the general safety zone regulations in subpart C of this
part, you may not enter the safety zone described in paragraph (a) of this section unless
authorized by the COTP or the COTP's 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 the USCG Sector Upper
Mississippi River.
(2) To seek permission to enter, contact the COTP or the COTP’s representative
via VHF-FM channel 16, or through USCG Sector Upper Mississippi River at 314-2692332. Those in the safety zone must comply with all lawful orders or directions given to
them by the COTP or the COTP’s designated representative.
(c) Enforcement period: This safety zone will be subject to enforcement from 6
a.m. through 6 p.m. each day from June 21 to June 23, 2024.
Dated: June 11, 2024.
A.R. Bender,

Captain, U.S. Coast Guard,
Captain of the Port Sector Upper Mississippi River.
[FR Doc. 2024-13301 Filed: 6/14/2024 8:45 am; Publication Date: 6/17/2024]