80_FR_56565 80 FR 56384 - Safety Zone; Kaskaskia River MM 28 to 29; New Athens, IL

80 FR 56384 - Safety Zone; Kaskaskia River MM 28 to 29; New Athens, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 181 (September 18, 2015)

Page Range56384-56386
FR Document2015-23535

The Coast Guard is establishing a temporary safety zone for all waters of the Kaskaskia River, surface to bottom, between mile 28 and 29. This temporary safety zone is necessary to protect persons and property from potential damage and safety hazards during the New Athens Drag Boat Race. During the period of enforcement, entry into this safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Upper Mississippi River or other designated representative.

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56384-56386]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23535]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0777]
RIN 1625-AA00


Safety Zone; Kaskaskia River MM 28 to 29; New Athens, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Kaskaskia River, surface to bottom, between mile 28 
and 29. This temporary safety zone is necessary to protect persons and 
property from potential damage and safety hazards during the New Athens 
Drag Boat Race. During the period of enforcement, entry into this 
safety zone is prohibited unless specifically authorized by the Captain 
of the Port (COTP) Upper Mississippi River or other designated 
representative.

DATES: This rule is effective from 8:00 a.m. until 6:00 p.m. on 
September 19, 2015 and September 20, 2015. This rule will be enforced 
with actual notice from 8:00 a.m. until 6:00 p.m. on September 19, 2015 
and September 20, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0777. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Sean Peterson, Chief of Prevention, Sector Upper 
Mississippi River U.S. Coast Guard; telephone (314) 269-2332, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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. Providing a full notice period is contrary 
to the public interest as it would delay the effectiveness of the 
temporary safety zone until after the planned event. Immediate action 
is needed to protect vessels and the public from the safety hazards 
associated with this high speed race event on the Kaskaskia River in 
New Athens, IL. Completing the full NPRM process is unnecessary due to 
the fact that there is minimal commercial traffic in the area and that 
notices will be made using Broadcast Notice to Mariners and Local 
Notice to Mariners. Mariners will have the ability to request entrance 
into the zone by contacting the COTP during the closure period. These 
requests will be handled on a case by case basis. Additionally, a delay 
to the effective date for this safety zone would be contrary to public 
interest because it would interfere with the planned race and the 
contractual obligations related to this event, and it would put the 
safety of the spectators and participants of the event at risk.
    For the same reasons, 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 the rule is contrary to the public interest as it 
would delay the effectiveness of the temporary safety zone until after 
the planned event.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 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, which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The Kentucky Drag Boat Association's annual New Athens Drag Boat 
Race is scheduled for September 19 and 20, 2015. The event is listed in 
Table 2 of 33 CFR 100.801 number seven for the second weekend in 
September; however, the event is being held on the third weekend of 
September this year. The race will feature inboard, outboard, and jet-
propelled vessels competing on a closed course on the Kaskaskia River 
between miles 28 and 29. The Coast Guard determined that a safety zone 
is necessary to keep persons and property clear of any potential 
hazards associated with the race.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone from 8:00 
a.m. to 6:00 p.m. on September 19, 2015 and September 20, 2015, for the 
New Athens Drag Boat Race. The event will take place on the Kaskaskia 
River and the safety zone will include all waters of the Kaskaskia 
River between miles 28 and 29. The Coast Guard will enforce the 
temporary safety zone and may be assisted by other federal, state and 
local agencies and the Coast Guard Auxiliary. During the periods of 
enforcement, no vessels may transit into, through, or remain within 
this Coast Guard safety zone closure area. Deviation from this safety 
zone may be requested by contacting the COTP Upper Mississippi River or 
other designated representative. They may be contacted on VHF-FM 
Channel 16, or through Coast Guard Sector Upper Mississippi at 314-269-
2332. Deviations will be considered on a case-by case basis.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and

[[Page 56385]]

executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This temporary final 
rule establishes a safety zone that will be enforced for a limited time 
period. During the enforcement period, vessels are prohibited from 
entering into or remaining within the safety zone unless specifically 
authorized by the COTP Upper Mississippi River or other designated 
representative. Based on the location, limited safety zone size, and 
short duration of the enforcement period, the impacts on routine 
navigation are expected to be minimal. Additionally, notice of this 
safety zone or any changes in the planned schedule will be made via 
Broadcast Notice to Mariners and Local Notices to Mariners. Deviation 
from this rule may be requested from the COTP Upper Mississippi River 
and will be considered on a case-by-case basis.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
the Kaskaskia River between mile markers 28 and 29 from 8:00 a.m. to 
6:00 p.m. on September 19, 2015 and September 20, 2015.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: this 
rule will be enforced for a short amount of time each day and 
commercial traffic is minimal in this area.

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(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

[[Page 56386]]

environment. This rule involves establishment of a temporary safety 
zone to protect persons and property from potential hazards associated 
with the scheduled New Athens Drag Boat Race taking place on the 
Kaskaskia River. This rule is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are 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 rule.

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: 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.


0
2. A new temporary Sec.  165.T08-0777 is added to read as follows:


Sec.  165.T08-0777  Safety Zone; Kaskaskia River between MM 28 and 29; 
New Athens, IL.

    (a) Location. The following area is a safety zone: All waters of 
the Kaskaskia River between MM 28 and 29, New Athens, IL.
    (b) Effective and enforcement period. This rule is effective from 
8:00 a.m. until 6:00 p.m. on September 19, 2015 and September 20, 2015. 
This rule will be enforced with actual notice from 8:00 a.m. until 6:00 
p.m. on September 19, 2015 and September 20, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, movement within, or departure from this zone 
is prohibited unless authorized by the COTP Upper Mississippi River or 
a designated representative.
    (2) Persons or vessels requiring entry into, departure from, or 
movement within a regulated area must request permission from the COTP 
Upper Mississippi River or a designated representative. They may be 
contacted on VHF-FM Channel 16, or through Coast Guard Sector Upper 
Mississippi River at (314) 269-2332.
    (3) All persons and vessels shall comply with the instruction of 
the COTP Upper Mississippi River and designated on-scene personnel.
    (d) Informational broadcasts. The COTP Upper Mississippi River or a 
designated representative will inform the public through Local Notice 
to Mariners of the enforcement period for the safety zone as well as 
any changes in the planned and published dates and times of 
enforcement.

    Dated: August 13, 2015.
M. L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2015-23535 Filed 9-17-15; 8:45 am]
BILLING CODE 9110-04-P



                                            56384             Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                            PART 117—DRAWBRIDGE                                      number in the ‘‘SEARCH’’ box and click                to this event, and it would put the safety
                                            OPERATION REGULATIONS                                    ‘‘SEARCH.’’ Click on Open Docket                      of the spectators and participants of the
                                                                                                     Folder on the line associated with this               event at risk.
                                            ■ 1. The authority citation for part 117                 rulemaking. You may also visit the                       For the same reasons, under 5 U.S.C.
                                            continues to read as follows:                            Docket Management Facility in Room                    553(d)(3), the Coast Guard finds that
                                              Authority: 33 U.S.C. 499; 33 CFR 1.05–1;               W12–140 on the ground floor of the                    good cause exists for making this rule
                                            Department of Homeland Security Delegation               Department of Transportation West                     effective less than 30 days after
                                            No. 0170.1.                                              Building, 1200 New Jersey Avenue SE.,                 publication in the Federal Register.
                                                                                                     Washington, DC 20590, between 9 a.m.                  Delaying the effective date of the rule is
                                            ■ 2. Effective 8 a.m. on September 18,
                                                                                                     and 5 p.m., Monday through Friday,                    contrary to the public interest as it
                                            2015 to 6 p.m. on May 10, 2016,
                                                                                                     except Federal holidays.                              would delay the effectiveness of the
                                            suspend § 117.331 and add § 117.T331
                                                                                                     FOR FURTHER INFORMATION CONTACT: If                   temporary safety zone until after the
                                            to read as follows:
                                                                                                     you have questions on this rule, call or              planned event.
                                            § 117.T331       Snake Creek.                            email LCDR Sean Peterson, Chief of                    B. Basis and Purpose
                                               The draw of the Snake Creek Bridge,                   Prevention, Sector Upper Mississippi
                                                                                                     River U.S. Coast Guard; telephone (314)                 The legal basis and authorities for this
                                            at Islamorada, Florida will open on
                                                                                                     269–2332, email Sean.M.Peterson@                      rule are found in 33 U.S.C. 1231; 50
                                            signal, except that from 8 a.m. to 6 p.m.,
                                                                                                     uscg.mil. If you have questions on                    U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
                                            the draw need open only on the hour.
                                                                                                     viewing or submitting material to the                 6.04–6, and 160.5; Department of
                                              Dated: September 8, 2015.                                                                                    Homeland Security Delegation no.
                                                                                                     docket, call Cheryl Collins, Program
                                            S. A. Buschman,                                          Manager, Docket Operations, telephone                 0170.1, which collectively authorize the
                                            Rear Admiral, U.S. Coast Guard, Commander,               (202) 366–9826.                                       Coast Guard to establish and define
                                            Seventh Coast Guard District.                                                                                  safety zones.
                                                                                                     SUPPLEMENTARY INFORMATION:
                                            [FR Doc. 2015–23537 Filed 9–17–15; 8:45 am]                                                                      The Kentucky Drag Boat Association’s
                                            BILLING CODE 9110–04–P                                   Table of Acronyms                                     annual New Athens Drag Boat Race is
                                                                                                     DHS Department of Homeland Security                   scheduled for September 19 and 20,
                                                                                                     FR Federal Register                                   2015. The event is listed in Table 2 of
                                            DEPARTMENT OF HOMELAND                                   NPRM Notice of Proposed Rulemaking                    33 CFR 100.801 number seven for the
                                            SECURITY                                                                                                       second weekend in September;
                                                                                                     A. Regulatory History and Information
                                                                                                                                                           however, the event is being held on the
                                            Coast Guard                                                 The Coast Guard is issuing this                    third weekend of September this year.
                                                                                                     temporary final rule without prior                    The race will feature inboard, outboard,
                                            33 CFR Part 165                                          notice and opportunity to comment                     and jet-propelled vessels competing on
                                                                                                     pursuant to authority under section 4(a)              a closed course on the Kaskaskia River
                                            [Docket Number USCG–2015–0777]
                                                                                                     of the Administrative Procedure Act                   between miles 28 and 29. The Coast
                                            RIN 1625–AA00                                            (APA) (5 U.S.C. 553(b)). This provision               Guard determined that a safety zone is
                                                                                                     authorizes an agency to issue a rule                  necessary to keep persons and property
                                            Safety Zone; Kaskaskia River MM 28 to                    without prior notice and opportunity to               clear of any potential hazards associated
                                            29; New Athens, IL                                       comment when the agency for good                      with the race.
                                                                                                     cause finds that those procedures are
                                            AGENCY:    Coast Guard, DHS.                                                                                   C. Discussion of the Final Rule
                                                                                                     ‘‘impracticable, unnecessary, or contrary
                                            ACTION:   Temporary final rule.                          to the public interest.’’ Under 5 U.S.C.                The Coast Guard is establishing a
                                                                                                     553(b)(B), the Coast Guard finds that                 temporary safety zone from 8:00 a.m. to
                                            SUMMARY:   The Coast Guard is
                                                                                                     good cause exists for not publishing a                6:00 p.m. on September 19, 2015 and
                                            establishing a temporary safety zone for
                                                                                                     notice of proposed rulemaking (NPRM)                  September 20, 2015, for the New Athens
                                            all waters of the Kaskaskia River,
                                                                                                     with respect to this rule. Providing a full           Drag Boat Race. The event will take
                                            surface to bottom, between mile 28 and
                                                                                                     notice period is contrary to the public               place on the Kaskaskia River and the
                                            29. This temporary safety zone is
                                                                                                     interest as it would delay the                        safety zone will include all waters of the
                                            necessary to protect persons and
                                                                                                     effectiveness of the temporary safety                 Kaskaskia River between miles 28 and
                                            property from potential damage and
                                                                                                     zone until after the planned event.                   29. The Coast Guard will enforce the
                                            safety hazards during the New Athens
                                                                                                     Immediate action is needed to protect                 temporary safety zone and may be
                                            Drag Boat Race. During the period of
                                                                                                     vessels and the public from the safety                assisted by other federal, state and local
                                            enforcement, entry into this safety zone                 hazards associated with this high speed
                                            is prohibited unless specifically                                                                              agencies and the Coast Guard Auxiliary.
                                                                                                     race event on the Kaskaskia River in                  During the periods of enforcement, no
                                            authorized by the Captain of the Port                    New Athens, IL. Completing the full
                                            (COTP) Upper Mississippi River or                                                                              vessels may transit into, through, or
                                                                                                     NPRM process is unnecessary due to the                remain within this Coast Guard safety
                                            other designated representative.                         fact that there is minimal commercial                 zone closure area. Deviation from this
                                            DATES: This rule is effective from 8:00                  traffic in the area and that notices will             safety zone may be requested by
                                            a.m. until 6:00 p.m. on September 19,                    be made using Broadcast Notice to                     contacting the COTP Upper Mississippi
                                            2015 and September 20, 2015. This rule                   Mariners and Local Notice to Mariners.                River or other designated representative.
                                            will be enforced with actual notice from                 Mariners will have the ability to request             They may be contacted on VHF–FM
                                            8:00 a.m. until 6:00 p.m. on September                   entrance into the zone by contacting the              Channel 16, or through Coast Guard
                                            19, 2015 and September 20, 2015.                         COTP during the closure period. These                 Sector Upper Mississippi at 314–269–
tkelley on DSK3SPTVN1PROD with RULES




                                            ADDRESSES: Documents mentioned in                        requests will be handled on a case by                 2332. Deviations will be considered on
                                            this preamble are part of docket USCG–                   case basis. Additionally, a delay to the              a case-by case basis.
                                            2015–0777. To view documents                             effective date for this safety zone would
                                            mentioned in this preamble as being                      be contrary to public interest because it             D. Regulatory Analyses
                                            available in the docket, go to http://                   would interfere with the planned race                   We developed this rule after
                                            www.regulations.gov, type the docket                     and the contractual obligations related               considering numerous statutes and


                                       VerDate Sep<11>2014    16:42 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\18SER1.SGM   18SER1


                                                             Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations                                       56385

                                            executive orders related to rulemaking.                 Fairness Act of 1996 (Pub. L. 104–121),               more in any one year. Though this rule
                                            Below we summarize our analyses                         we want to assist small entities in                   will not result in such an expenditure,
                                            based on these statutes and executive                   understanding this rule. If the rule                  we do discuss the effects of this rule
                                            orders.                                                 would affect your small business,                     elsewhere in this preamble.
                                                                                                    organization, or governmental
                                            1. Regulatory Planning and Review                                                                             8. Taking of Private Property
                                                                                                    jurisdiction and you have questions
                                               This rule is not a significant                       concerning its provisions or options for                This rule will not cause a taking of
                                            regulatory action under section 3(f) of                 compliance, please contact the person                 private property or otherwise have
                                            Executive Order 12866, Regulatory                       listed in the FOR FURTHER INFORMATION                 taking implications under Executive
                                            Planning and Review, as supplemented                    CONTACT, above.                                       Order 12630, Governmental Actions and
                                            by Executive Order 13563, Improving                        Small businesses may send comments                 Interference with Constitutionally
                                            Regulation and Regulatory Review, and                   on the actions of Federal employees                   Protected Property Rights.
                                            does not require an assessment of                       who enforce, or otherwise determine
                                            potential costs and benefits under                                                                            9. Civil Justice Reform
                                                                                                    compliance with, Federal regulations to
                                            section 6(a)(3) of Executive Order 12866                the Small Business and Agriculture                      This rule meets applicable standards
                                            or under section 1 of Executive Order                   Regulatory Enforcement Ombudsman                      in sections 3(a) and 3(b)(2) of Executive
                                            13563. The Office of Management and                     and the Regional Small Business                       Order 12988, Civil Justice Reform, to
                                            Budget has not reviewed it under those                  Regulatory Fairness Boards. The                       minimize litigation, eliminate
                                            Orders. This temporary final rule                       Ombudsman evaluates these actions                     ambiguity, and reduce burden.
                                            establishes a safety zone that will be                  annually and rates each agency’s                      10. Protection of Children
                                            enforced for a limited time period.                     responsiveness to small business. If you
                                            During the enforcement period, vessels                  wish to comment on actions by                           We have analyzed this rule under
                                            are prohibited from entering into or                    employees of the Coast Guard, call 1–                 Executive Order 13045, Protection of
                                            remaining within the safety zone unless                 888–REG–FAIR (1–888–734–3247). The                    Children from Environmental Health
                                            specifically authorized by the COTP                     Coast Guard will not retaliate against                Risks and Safety Risks. This rule is not
                                            Upper Mississippi River or other                        small entities that question or complain              an economically significant rule and
                                            designated representative. Based on the                 about this rule or any policy or action               does not create an environmental risk to
                                            location, limited safety zone size, and                 of the Coast Guard.                                   health or risk to safety that may
                                            short duration of the enforcement                                                                             disproportionately affect children.
                                            period, the impacts on routine                          4. Collection of Information
                                                                                                                                                          11. Indian Tribal Governments
                                            navigation are expected to be minimal.                     This rule will not call for a new
                                            Additionally, notice of this safety zone                collection of information under the                      This rule does not have tribal
                                            or any changes in the planned schedule                  Paperwork Reduction Act of 1995 (44                   implications under Executive Order
                                            will be made via Broadcast Notice to                    U.S.C. 3501–3520).                                    13175, Consultation and Coordination
                                            Mariners and Local Notices to Mariners.                                                                       with Indian Tribal Governments,
                                                                                                    5. Federalism                                         because it does not have a substantial
                                            Deviation from this rule may be
                                            requested from the COTP Upper                              A rule has implications for federalism             direct effect on one or more Indian
                                            Mississippi River and will be                           under Executive Order 13132,                          tribes, on the relationship between the
                                            considered on a case-by-case basis.                     Federalism, if it has a substantial direct            Federal Government and Indian tribes,
                                                                                                    effect on the States, on the relationship             or on the distribution of power and
                                            2. Impact on Small Entities                             between the national government and                   responsibilities between the Federal
                                               The Regulatory Flexibility Act of 1980               the States, or on the distribution of                 Government and Indian tribes.
                                            (RFA), 5 U.S.C. 601–612, as amended,                    power and responsibilities among the
                                                                                                                                                          12. Energy Effects
                                            requires federal agencies to consider the               various levels of government. We have
                                            potential impact of regulations on small                analyzed this rule under that Order and                 This action is not a ‘‘significant
                                            entities during rulemaking. The Coast                   determined that this rule does not have               energy action’’ under Executive Order
                                            Guard certifies under 5 U.S.C. 605(b)                   implications for federalism.                          13211, Actions Concerning Regulations
                                            that this rule will not have a significant                                                                    That Significantly Affect Energy Supply,
                                                                                                    6. Protest Activities                                 Distribution, or Use.
                                            economic impact on a substantial
                                            number of small entities.                                  The Coast Guard respects the First
                                                                                                                                                          13. Technical Standards
                                               This rule will affect the following                  Amendment rights of protesters.
                                            entities, some of which may be small                    Protesters are asked to contact the                     This rule does not use technical
                                            entities: the owners or operators of                    person listed in the FOR FURTHER                      standards. Therefore, we did not
                                            vessels intending to transit the                        INFORMATION CONTACT section to                        consider the use of voluntary consensus
                                            Kaskaskia River between mile markers                    coordinate protest activities so that your            standards.
                                            28 and 29 from 8:00 a.m. to 6:00 p.m.                   message can be received without                       14. Environment
                                            on September 19, 2015 and September                     jeopardizing the safety or security of
                                            20, 2015.                                               people, places or vessels.                              We have analyzed this rule under
                                               This safety zone will not have a                                                                           Department of Homeland Security
                                                                                                    7. Unfunded Mandates Reform Act                       Management Directive 023–01 and
                                            significant economic impact on a
                                            substantial number of small entities for                   The Unfunded Mandates Reform Act                   Commandant Instruction M16475.lD,
                                            the following reason: this rule will be                 of 1995 (2 U.S.C. 1531–1538) requires                 which guide the Coast Guard in
                                            enforced for a short amount of time each                Federal agencies to assess the effects of             complying with the National
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                                            day and commercial traffic is minimal                   their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                            in this area.                                           particular, the Act addresses actions                 (NEPA)(42 U.S.C. 4321–4370f), and
                                                                                                    that may result in the expenditure by a               have determined that this action is one
                                            3. Assistance for Small Entities                        State, local, or tribal government, in the            of a category of actions that do not
                                               Under section 213(a) of the Small                    aggregate, or by the private sector of                individually or cumulatively have a
                                            Business Regulatory Enforcement                         $100,000,000 (adjusted for inflation) or              significant effect on the human


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                                            56386            Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                            environment. This rule involves                         Coast Guard Sector Upper Mississippi                  and 5 p.m., Monday through Friday,
                                            establishment of a temporary safety                     River at (314) 269–2332.                              except Federal holidays.
                                            zone to protect persons and property                      (3) All persons and vessels shall                   FOR FURTHER INFORMATION CONTACT: If
                                            from potential hazards associated with                  comply with the instruction of the                    you have questions on this rule, call LT
                                            the scheduled New Athens Drag Boat                      COTP Upper Mississippi River and                      Stephanie Pitts, Chief of Waterways
                                            Race taking place on the Kaskaskia                      designated on-scene personnel.                        Management, U.S. Coast Guard Marine
                                            River. This rule is categorically                         (d) Informational broadcasts. The                   Safety Unit Cleveland; telephone 216–
                                            excluded from further review under                      COTP Upper Mississippi River or a                     937–0128. If you have questions on
                                            paragraph 34(g) of Figure 2–1 of the                    designated representative will inform                 viewing the docket, call Ms. Cheryl
                                            Commandant Instruction. An                              the public through Local Notice to                    Collins, Program Manager, Docket
                                            environmental analysis checklist                        Mariners of the enforcement period for                Operations, telephone 202–366–9826 or
                                            supporting this determination and a                     the safety zone as well as any changes                1–800–647–5527.
                                            Categorical Exclusion Determination are                 in the planned and published dates and
                                                                                                                                                          SUPPLEMENTARY INFORMATION:
                                            available in the docket where indicated                 times of enforcement.
                                            under ADDRESSES. We seek any                              Dated: August 13, 2015.                             Table of Acronyms
                                            comments or information that may lead                   M. L. Malloy,                                         DHS Department of Homeland Security
                                            to the discovery of a significant                                                                             FR Federal Register
                                                                                                    Captain, U.S. Coast Guard, Captain of the
                                            environmental impact from this rule.                    Port Sector Upper Mississippi River.                  NPRM Notice of Proposed Rulemaking
                                            List of Subjects in 33 CFR Part 165                     [FR Doc. 2015–23535 Filed 9–17–15; 8:45 am]           TFR Temporary Final Rule

                                              Harbors, Marine safety, Navigation                    BILLING CODE 9110–04–P                                A. Regulatory History and Information
                                            (water), Reporting and recordkeeping                                                                             The Coast Guard is issuing this
                                            requirements, Security measures,                                                                              temporary final rule without prior
                                                                                                    DEPARTMENT OF HOMELAND
                                            Waterways.                                                                                                    notice and opportunity to comment
                                                                                                    SECURITY
                                              For the reasons discussed in the                                                                            pursuant to authority under section 4(a)
                                            preamble, the Coast Guard amends 33                     Coast Guard                                           of the Administrative Procedure Act
                                            CFR part 165 as follows:                                                                                      (APA) (5 U.S.C. 553(b)). This provision
                                                                                                    33 CFR Part 165                                       authorizes an agency to issue a rule
                                            PART 165—REGULATED NAVIGATION                                                                                 without prior notice and opportunity to
                                            AREAS AND LIMITED ACCESS AREAS                          [Docket Number USCG–2015–0833]                        comment when the agency for good
                                                                                                    RIN 1625–AA00                                         cause finds that those procedures are
                                            ■ 1. The authority citation for part 165                                                                      ‘‘impracticable, unnecessary, or contrary
                                            continues to read as follows:                           Safety Zone; Saint-Gobain                             to the public interest.’’ Under 5 U.S.C.
                                              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Performance Plastics Celebration                      553(b)(B), the Coast Guard finds that
                                            33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Fireworks; Lake Erie, Cleveland, OH                   good cause exists for not publishing a
                                            Department of Homeland Security Delegation                                                                    notice of proposed rulemaking (NPRM)
                                            No. 0170.1.                                             AGENCY:    Coast Guard, DHS.
                                                                                                                                                          with respect to this rule because doing
                                                                                                    ACTION:   Temporary final rule.                       so would be impracticable and contrary
                                            ■ 2. A new temporary § 165.T08–0777 is
                                            added to read as follows:                                                                                     to the public interest. The final details
                                                                                                    SUMMARY:   The Coast Guard is
                                                                                                                                                          for this event were not known to the
                                            § 165.T08–0777 Safety Zone; Kaskaskia
                                                                                                    establishing a temporary safety zone in
                                                                                                                                                          Coast Guard until there was insufficient
                                            River between MM 28 and 29; New Athens,                 Lake Erie, Cleveland, OH. This safety
                                                                                                                                                          time remaining before the event to
                                            IL.                                                     zone is intended to restrict vessels from
                                                                                                                                                          publish an NPRM. Thus, delaying the
                                                                                                    a portion of Lake Erie during the Saint-
                                              (a) Location. The following area is a                                                                       effective date of this rule to wait for a
                                                                                                    Gobain Performance Plastics Celebration
                                            safety zone: All waters of the Kaskaskia                                                                      comment period to run would be both
                                                                                                    fireworks display. This temporary safety
                                            River between MM 28 and 29, New                                                                               impracticable and contrary to the public
                                                                                                    zone is necessary to protect mariners
                                            Athens, IL.                                                                                                   interest because it would inhibit the
                                                                                                    and vessels from the navigational
                                              (b) Effective and enforcement period.                                                                       Coast Guard’s ability to protect
                                                                                                    hazards associated with a fireworks
                                            This rule is effective from 8:00 a.m.                                                                         spectators and vessels from the hazards
                                                                                                    display.
                                            until 6:00 p.m. on September 19, 2015                                                                         associated with a maritime fireworks
                                            and September 20, 2015. This rule will                  DATES:  This rule will be effective from              display.
                                            be enforced with actual notice from 8:00                9:15 p.m. until 10:05 p.m. on September                  Under 5 U.S.C. 553(d)(3), the Coast
                                            a.m. until 6:00 p.m. on September 19,                   19, 2015.                                             Guard finds that good cause exists for
                                            2015 and September 20, 2015.                            ADDRESSES: Documents mentioned in                     making this temporary rule effective less
                                              (c) Regulations. (1) In accordance with               this preamble are part of docket [USCG–               than 30 days after publication in the
                                            the general regulations in § 165.23, entry              2015–0833]. To view documents                         Federal Register. For the same reasons
                                            into, movement within, or departure                     mentioned in this preamble as being                   discussed in the preceding paragraph,
                                            from this zone is prohibited unless                     available in the docket, go to http://                waiting for a 30 day notice period to run
                                            authorized by the COTP Upper                            www.regulations.gov, type the docket                  would be impracticable and contrary to
                                            Mississippi River or a designated                       number in the ‘‘SEARCH’’ box and click                the public interest.
                                            representative.                                         ‘‘SEARCH.’’ Click on Open Docket
                                                                                                                                                          B. Basis and Purpose
                                               (2) Persons or vessels requiring entry               Folder on the line associated with this
tkelley on DSK3SPTVN1PROD with RULES




                                            into, departure from, or movement                       rulemaking. You may also visit the                      The legal basis and authorities for this
                                            within a regulated area must request                    Docket Management Facility in Room                    rule are found in 33 U.S.C. 1231; 50
                                            permission from the COTP Upper                          W12–140 on the ground floor of the                    U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
                                            Mississippi River or a designated                       Department of Transportation West                     6.04–6, and 160.5; and Department of
                                            representative. They may be contacted                   Building, 1200 New Jersey Avenue SE.,                 Homeland Security Delegation No.
                                            on VHF–FM Channel 16, or through                        Washington, DC 20590, between 9 a.m.                  0170.1, which collectively authorize the


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Document Created: 2015-12-15 09:27:40
Document Modified: 2015-12-15 09:27:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:00 a.m. until 6:00 p.m. on September 19, 2015 and September 20, 2015. This rule will be enforced with actual notice from 8:00 a.m. until 6:00 p.m. on September 19, 2015 and September 20, 2015.
ContactIf you have questions on this rule, call or email LCDR Sean Peterson, Chief of Prevention, Sector Upper Mississippi River U.S. Coast Guard; telephone (314) 269-2332, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 56384 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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