9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0112]
RIN 1625-AA00
Safety Zone; Missouri River, Mile Marker 27-366
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.

SUMMARY: The Coast Guard is establishing a temporary safety zone on the waters of
the Missouri River from mile markers 27 to 366. The safety zone is to protect personnel,
vessels, and the marine environment from potential hazards created by high water levels
and levee conditions. 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 without actual notice on July 10, 2024. For the purposes
of enforcement, actual notice will be used from July 5, 2024, until [INSERT DATE OF
PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0112 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 Richard Cherkauer, Sector Upper Mississippi River

Waterways Management Division, U.S. Coast Guard; telephone 314-269-2560, email
Richard.G.Cherkauer@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 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.” 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 immediately, and 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
immediate action is needed to respond to the potential hazards created by high water
levels and levee conditions on the Missouri River.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). 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 from potential hazards created by high water levels and levee

conditions on the Missouri River. This rule resulted from concerns about impacts to the
levees along the Missouri River during this period of high-water levels.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on the waters of the Missouri River
from mile markers 27 to 366. The duration of this safety zone is intended to protect
personnel, vessels, and the marine environment from potential hazards created by high
water levels and levee conditions on the Missouri River. 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. 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 zones. This action involves a safety zone to protect personnel, vessels,
and the marine environment from potential hazards created by high water levels and
levee conditions on the Missouri River. This rule resulted from concerns about impacts to
the levees along the Missouri River from MM 27 to 366. 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 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
Missouri River from MM 27 to 366. It is categorically excluded from further review
under paragraph L60(c) of Appendix A, Table 1 of DHS Instruction Manual 023–01–
001–01, Rev.
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.T08-0112 to read as follows:
§ 165.T08-0112 Safety Zone; Missouri River, Mile Markers 27 to 366.

(a) Location. The following area is a safety zone: all navigable waters within the
Missouri River from Mile Marker 27 to 366.
(b) Enforcement period. This section will be subject to enforcement from July 5,
2024, to July 10, 2024.
(c) Regulations. (1) In accordance with the general safety zone regulations in
§165.23, entry of persons or vessels into the safety zone described in paragraph (a) of this
section is prohibited unless authorized by the Captain of the Port Sector Upper
Mississippi River (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 314-2692332. 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 5, 2024.

A.R. Bender,
Captain, U.S. Coast Guard,
Captain of the Port, Sector Upper Mississippi River.

[FR Doc. 2024-15184 Filed: 7/5/2024 4:15 pm; Publication Date: 7/10/2024]