81_FR_3001 81 FR 2989 - Safety Zone; Upper Mississippi River and Illinois River, MO and IL

81 FR 2989 - Safety Zone; Upper Mississippi River and Illinois River, MO and IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 12 (January 20, 2016)

Page Range2989-2991
FR Document2016-01017

The Coast Guard is establishing emergency temporary safety zones for all waters of the Upper Mississippi River (UMR) between miles 109.9 and 185.5 and all waters of the Illinois River (ILR) between miles 0 and 128.9. The emergency safety zones are needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with high waters. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port (COTP). Deviation from the safety zones may be requested and will be considered on a case-by-case basis as specifically authorized by the Captain of the Port (COTP) or a designated representative.

Federal Register, Volume 81 Issue 12 (Wednesday, January 20, 2016)
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Rules and Regulations]
[Pages 2989-2991]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01017]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1121]
RIN 1625-AA00


Safety Zone; Upper Mississippi River and Illinois River, MO and 
IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing emergency temporary safety 
zones for all waters of the Upper Mississippi River (UMR) between miles 
109.9 and 185.5 and all waters of the Illinois River (ILR) between 
miles 0 and 128.9. The emergency safety zones are needed to protect 
persons, property, and infrastructure from potential damage and safety 
hazards associated with high waters. Entry of vessels or persons into 
these zones is prohibited unless specifically authorized by the Captain 
of the Port (COTP). Deviation from the safety zones may be requested 
and will be considered on a case-by-case basis as specifically 
authorized by the Captain of the Port (COTP) or a designated 
representative.

DATES: This rule is effective without actual notice from January 20, 
2016 until 11:59 p.m. on January 22, 2016. For the purposes of 
enforcement, actual notice will be used from 3:00 p.m. on December 28, 
2015 until January 20, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1121 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast 
Guard; telephone 314-269-2332, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
ILR Illinois River
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
UMR Upper Mississippi River
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 of the increased safety risks caused 
by high waters on the UMR and ILR. On December 28, 2015, the Coast 
Guard determined that immediate action is necessary to establish 
emergency safety zones to protect life and property from the hazards 
associated with and resulting from high waters. It is impracticable to 
publish an NPRM because we must establish these safety zones by 
December 28, 2015. Broadcast Notices to Mariners (BNM) and information 
sharing with waterway users will update mariners of the closures and 
enforcement times during this emergency situation.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Providing 30 days 
notice would be contrary to public interest because immediate action is 
needed to protect life and property from the hazards associated with 
and resulting from high waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Upper Mississippi River determined that 
potential hazards associated with and resulting from high waters and 
related recovery efforts are present in the area. These hazards require 
additional safety measures in the form of safety zones extending from 
mile 109.9 to 185.5 on the UMR and mile 0 to 128.9 on the ILR to 
protect those operating in the area and for the Coast Guard to maintain 
navigational safety.

IV. Discussion of the Rule

    The Coast Guard is establishing two temporary emergency safety 
zones prohibiting access to the UMR between miles 109.9 and 185.5 and 
the ILR between miles 0 and 128.9, extending the entire widths of the 
rivers beginning at 3:00 p.m. on December 28, 2015, through 11:59 p.m. 
on January 22, 2016 or until waters recede and conditions allow for 
safe navigation, whichever occurs earlier. Deviation from the emergency 
safety zones may be requested and will be considered on a case-by-case 
basis as specifically authorized by the COTP or a designated 
representative. Deviation requests will

[[Page 2990]]

be considered and reviewed on a case-by-case basis. The COTP may be 
contacted by telephone at 314-269-2332 or can be reached by VHF-FM 
channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget. This rule establishes 
temporary emergency safety zones placing restrictions on vessels 
transiting the UMR between miles 109.9 and 185.5 and the ILR between 
miles 0 and 128.9. Notifications of enforcement times will be 
communicated to the marine community via BNM. The impacts on navigation 
will be limited to ensure the safety of mariners and vessels during 
hazardous conditions associated with high waters.

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 zones may be small entities, for the reasons stated in section 
V. A. above, this rule will not have 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 
contact 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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 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 closure of the UMR between miles 109.9 and 185.5 and 
the ILR between miles 0 and 128.9. It is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A preliminary 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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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.

[[Page 2991]]


0
2. Add Sec.  165.T08-1121 to read as follows:


Sec.  165.T08-1121  Safety Zone; Upper Mississippi River between miles 
109.9 and 185.5; and Illinois River between miles 0 and 128.9; MO and 
IL.

    (a) Location. The following areas are safety zones:
    (1) All waters of the Upper Mississippi River between miles 109.9 
and 185.5, extending the entire width of the river; and
    (2) All waters of the Illinois River between miles 0 and 128.9, 
extending the entire width of the river.
    (b) Definitions. Designated representative means a Coast Guard 
Patrol Commander, including a Coast Guard coxswain, petty officer, or 
other officers operating a Coast Guard vessel and a Federal, State, and 
local officer designated by or assisting the Captain of the Port (COTP) 
Upper Mississippi River in the enforcement of the safety zones.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zones described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through Coast Guard Sector 
Upper Mississippi River at 314-269-2332. Those in the safety zones must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement periods. This rule is effective from 3:00 p.m. on 
December 28, 2015 through 11:59 p.m. on January 22, 2016, or until 
waters recede and conditions allow for safe navigation, whichever 
occurs first.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcasts notice to 
mariners of the enforcement period for the emergency safety zones as 
well as any changes in the dates and times of enforcement.

    Dated: December 28, 2015.
R.S. Rhodes,
Commander, U.S. Coast Guard, Alternate Captain of the Port Upper 
Mississippi River.
[FR Doc. 2016-01017 Filed 1-19-16; 8:45 am]
BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations                                         2989

                                             SUPPLEMENTARY INFORMATION:     The                      ACTION:   Temporary final rule.                        comment when the agency for good
                                             system, Records Maintained by the                                                                              cause finds that those procedures are
                                             Office of Civil Rights, designated as                   SUMMARY:   The Coast Guard is                          ‘‘impracticable, unnecessary, or contrary
                                             STATE–09, supports the Office of Civil                  establishing emergency temporary safety                to the public interest.’’ Under 5 U.S.C.
                                             Rights, Department of State, in the                     zones for all waters of the Upper                      553(b)(B), the Coast Guard finds that
                                             investigation, processing, and resolution               Mississippi River (UMR) between miles                  good cause exists for not publishing a
                                             of informal and formal complaints of                    109.9 and 185.5 and all waters of the                  notice of proposed rulemaking (NPRM)
                                             discrimination filed against the                        Illinois River (ILR) between miles 0 and               with respect to this rule because of the
                                             Department in accordance with 29 CFR                    128.9. The emergency safety zones are                  increased safety risks caused by high
                                             part 1614 and the Department’s internal                 needed to protect persons, property, and               waters on the UMR and ILR. On
                                             procedures for addressing Equal                         infrastructure from potential damage                   December 28, 2015, the Coast Guard
                                             Employment Opportunity (EEO)                            and safety hazards associated with high                determined that immediate action is
                                             complaints; in the investigation,                       waters. Entry of vessels or persons into               necessary to establish emergency safety
                                             processing, and resolution of complaints                these zones is prohibited unless                       zones to protect life and property from
                                             of discrimination under 42 U.S.C.                       specifically authorized by the Captain of              the hazards associated with and
                                             2000d; and complaints under 20 U.S.C.                   the Port (COTP). Deviation from the                    resulting from high waters. It is
                                             1681, 29 U.S.C. 794 and 794d, 42 U.S.C.                 safety zones may be requested and will                 impracticable to publish an NPRM
                                             6101, 29 U.S.C. 621, and 36 CFR chapter                 be considered on a case-by-case basis as               because we must establish these safety
                                             XI.                                                     specifically authorized by the Captain of              zones by December 28, 2015. Broadcast
                                               For additional background, see the                    the Port (COTP) or a designated                        Notices to Mariners (BNM) and
                                             notice of proposed rulemaking and the                   representative.                                        information sharing with waterway
                                             system of records notice published on                   DATES: This rule is effective without                  users will update mariners of the
                                             July 14, 2015 (80 FR 40951 and 80 FR                    actual notice from January 20, 2016                    closures and enforcement times during
                                             41137, respectively). The Department                    until 11:59 p.m. on January 22, 2016.                  this emergency situation.
                                             received no public comment on these                     For the purposes of enforcement, actual                   We are issuing this rule, and under 5
                                             documents.                                              notice will be used from 3:00 p.m. on                  U.S.C. 553(d)(3), the Coast Guard finds
                                                                                                     December 28, 2015 until January 20,                    that good cause exists for making it
                                             List of Subjects in 22 CFR Part 171                                                                            effective less than 30 days after
                                                                                                     2016.
                                               Privacy.                                                                                                     publication in the Federal Register.
                                                                                                     ADDRESSES:   To view documents                         Providing 30 days notice would be
                                               For the reasons stated in the                         mentioned in this preamble as being
                                             preamble, 22 CFR part 171 is amended                                                                           contrary to public interest because
                                                                                                     available in the docket, go to http://                 immediate action is needed to protect
                                             as follows:                                             www.regulations.gov, type USCG–2015–                   life and property from the hazards
                                             PART 171—[AMENDED]                                      1121 in the ‘‘SEARCH’’ box and click                   associated with and resulting from high
                                                                                                     ‘‘SEARCH.’’ Click on Open Docket                       waters.
                                             ■ 1. The authority citation for part 171                Folder on the line associated with this
                                                                                                     rule.                                                  III. Legal Authority and Need for Rule
                                             continues to read as follows:
                                                                                                     FOR FURTHER INFORMATION CONTACT: If                       The Coast Guard is issuing this rule
                                               Authority: 5 U.S.C. 552, 552a; 22 U.S.C.
                                             2651a; Public Law 95–521, 92 Stat. 1824, as             you have questions on this rule, call or               under authority in 33 U.S.C. 1231. The
                                             amended; E.O. 13526, 75 FR 707; E.O. 12600,             email LCDR Sean Peterson, Chief of                     Captain of the Port Upper Mississippi
                                             52 FR 23781, 3 CFR, 1987 Comp., p. 235.                 Prevention, U.S. Coast Guard; telephone                River determined that potential hazards
                                                                                                     314–269–2332, email Sean.M.Peterson@                   associated with and resulting from high
                                             § 171.36   [Amended]                                    uscg.mil.                                              waters and related recovery efforts are
                                             ■ 2. Section 171.36 is amended by                       SUPPLEMENTARY INFORMATION:                             present in the area. These hazards
                                             adding an entry, in alphabetical order,                                                                        require additional safety measures in
                                             for ‘‘Records Maintained by the Office of               I. Table of Abbreviations                              the form of safety zones extending from
                                             Civil Rights, STATE–09’’ to the lists in                                                                       mile 109.9 to 185.5 on the UMR and
                                             paragraphs (b)(5) and (6).                              BNM Broadcast Notice to Mariners                       mile 0 to 128.9 on the ILR to protect
                                                                                                     CFR Code of Federal Regulations
                                                                                                     COTP Captain of the Port
                                                                                                                                                            those operating in the area and for the
                                             Joyce A. Barr,
                                                                                                     DHS Department of Homeland Security                    Coast Guard to maintain navigational
                                             Assistant Secretary for Administration, U.S.
                                                                                                     E.O. Executive order                                   safety.
                                             Department of State.
                                                                                                     FR Federal Register                                    IV. Discussion of the Rule
                                             [FR Doc. 2016–00557 Filed 1–19–16; 8:45 am]
                                                                                                     ILR Illinois River
                                             BILLING CODE 4710–10–P                                  NPRM Notice of proposed rulemaking                        The Coast Guard is establishing two
                                                                                                     Pub. L. Public Law                                     temporary emergency safety zones
                                                                                                     § Section                                              prohibiting access to the UMR between
                                             DEPARTMENT OF HOMELAND                                  UMR Upper Mississippi River                            miles 109.9 and 185.5 and the ILR
                                             SECURITY                                                U.S.C. United States Code                              between miles 0 and 128.9, extending
                                                                                                                                                            the entire widths of the rivers beginning
                                             Coast Guard                                             II. Background Information and                         at 3:00 p.m. on December 28, 2015,
                                                                                                     Regulatory History                                     through 11:59 p.m. on January 22, 2016
                                             33 CFR Part 165                                           The Coast Guard is issuing this                      or until waters recede and conditions
                                                                                                     temporary rule without prior notice and                allow for safe navigation, whichever
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                                             [Docket Number USCG–2015–1121]
                                                                                                     opportunity to comment pursuant to                     occurs earlier. Deviation from the
                                             RIN 1625–AA00                                           authority under section 4(a) of the                    emergency safety zones may be
                                             Safety Zone; Upper Mississippi River                    Administrative Procedure Act (APA) (5                  requested and will be considered on a
                                             and Illinois River, MO and IL                           U.S.C. 553(b)). This provision                         case-by-case basis as specifically
                                                                                                     authorizes an agency to issue a rule                   authorized by the COTP or a designated
                                             AGENCY:    Coast Guard, DHS.                            without prior notice and opportunity to                representative. Deviation requests will


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                                             2990             Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations

                                             be considered and reviewed on a case-                   understanding this rule. If the rule                   their discretionary regulatory actions. In
                                             by-case basis. The COTP may be                          would affect your small business,                      particular, the Act addresses actions
                                             contacted by telephone at 314–269–                      organization, or governmental                          that may result in the expenditure by a
                                             2332 or can be reached by VHF–FM                        jurisdiction and you have questions                    State, local, or tribal government, in the
                                             channel 16.                                             concerning its provisions or options for               aggregate, or by the private sector of
                                                                                                     compliance, please contact the person                  $100,000,000 (adjusted for inflation) or
                                             V. Regulatory Analyses
                                                                                                     listed in the FOR FURTHER INFORMATION                  more in any one year. Though this rule
                                               We developed this rule after                          CONTACT section.                                       will not result in such an expenditure,
                                             considering numerous statutes and                          Small businesses may send comments                  we do discuss the effects of this rule
                                             executive orders (E.O.s) related to                     on the actions of Federal employees                    elsewhere in this preamble.
                                             rulemaking. Below we summarize our                      who enforce, or otherwise determine
                                             analyses based on a number of these                     compliance with, Federal regulations to                F. Environment
                                             statutes and E.O.s, and we discuss First                the Small Business and Agriculture                        We have analyzed this rule under
                                             Amendment rights of protestors.                         Regulatory Enforcement Ombudsman                       Department of Homeland Security
                                             A. Regulatory Planning and Review                       and the Regional Small Business                        Management Directive 023–01 and
                                                                                                     Regulatory Fairness Boards. The                        Commandant Instruction M16475.lD,
                                                E.O.s 12866 and 13563 direct agencies                Ombudsman evaluates these actions                      which guide the Coast Guard in
                                             to assess the costs and benefits of                     annually and rates each agency’s                       complying with the National
                                             available regulatory alternatives and, if               responsiveness to small business. If you               Environmental Policy Act of 1969 (42
                                             regulation is necessary, to select                      wish to comment on actions by                          U.S.C. 4321–4370f), and have
                                             regulatory approaches that maximize                     employees of the Coast Guard, call 1–                  determined that this action is one of a
                                             net benefits. E.O. 13563 emphasizes the                 888–REG–FAIR (1–888–734–3247). The                     category of actions that do not
                                             importance of quantifying both costs                    Coast Guard will not retaliate against                 individually or cumulatively have a
                                             and benefits, of reducing costs, of                     small entities that question or complain               significant effect on the human
                                             harmonizing rules, and of promoting                     about this rule or any policy or action                environment. This rule involves a
                                             flexibility. This rule has not been                     of the Coast Guard.                                    closure of the UMR between miles 109.9
                                             designated a ‘‘significant regulatory                                                                          and 185.5 and the ILR between miles 0
                                             action,’’ under E.O. 12866. Accordingly,                C. Collection of Information
                                                                                                                                                            and 128.9. It is categorically excluded
                                             it has not been reviewed by the Office                    This rule will not call for a new                    from further review under paragraph
                                             of Management and Budget. This rule                     collection of information under the                    34(g) of Figure 2–1 of the Commandant
                                             establishes temporary emergency safety                  Paperwork Reduction Act of 1995 (44                    Instruction. A preliminary
                                             zones placing restrictions on vessels                   U.S.C. 3501–3520).                                     environmental analysis checklist
                                             transiting the UMR between miles 109.9                                                                         supporting this determination and a
                                             and 185.5 and the ILR between miles 0                   D. Federalism and Indian Tribal
                                                                                                     Governments                                            Categorical Exclusion Determination are
                                             and 128.9. Notifications of enforcement                                                                        available in the docket where indicated
                                             times will be communicated to the                          A rule has implications for federalism              under ADDRESSES. We seek any
                                             marine community via BNM. The                           under E.O. 13132, Federalism, if it has                comments or information that may lead
                                             impacts on navigation will be limited to                a substantial direct effect on the States,             to the discovery of a significant
                                             ensure the safety of mariners and                       on the relationship between the national               environmental impact from this rule.
                                             vessels during hazardous conditions                     government and the States, or on the
                                             associated with high waters.                            distribution of power and                              G. Protest Activities
                                                                                                     responsibilities among the various                       The Coast Guard respects the First
                                             B. Impact on Small Entities                             levels of government. We have analyzed                 Amendment rights of protesters.
                                                The Regulatory Flexibility Act of                    this rule under that Order and have                    Protesters are asked to contact the
                                             1980, 5 U.S.C. 601–612, as amended,                     determined that it is consistent with the              person listed in the FOR FURTHER
                                             requires Federal agencies to consider                   fundamental federalism principles and                  INFORMATION CONTACT section to
                                             the potential impact of regulations on                  preemption requirements described in                   coordinate protest activities so that your
                                             small entities during rulemaking. The                   E.O. 13132.                                            message can be received without
                                             term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal                jeopardizing the safety or security of
                                             businesses, not-for-profit organizations                implications under E.O. 13175,                         people, places or vessels.
                                             that are independently owned and                        Consultation and Coordination with
                                             operated and are not dominant in their                  Indian Tribal Governments, because it                  List of Subjects in 33 CFR Part 165
                                             fields, and governmental jurisdictions                  does not have a substantial direct effect                Harbors, Marine safety, Navigation
                                             with populations of less than 50,000.                   on one or more Indian tribes, on the                   (water), Reporting and recordkeeping
                                             The Coast Guard certifies under 5 U.S.C.                relationship between the Federal                       requirements, Security measures,
                                             605(b) that this rule will not have a                   Government and Indian tribes, or on the                Waterways.
                                             significant economic impact on a                        distribution of power and                                For the reasons discussed in the
                                             substantial number of small entities.                   responsibilities between the Federal                   preamble, the Coast Guard amends 33
                                                While some owners or operators of                    Government and Indian tribes. If you                   CFR part 165 as follows:
                                             vessels intending to transit the safety                 believe this rule has implications for
                                             zones may be small entities, for the                    federalism or Indian tribes, please                    PART 165—REGULATED NAVIGATION
                                             reasons stated in section V. A. above,                  contact the person listed in the FOR                   AREAS AND LIMITED ACCESS AREAS
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                                             this rule will not have significant                     FURTHER INFORMATION CONTACT section
                                             economic impact on any vessel owner                     above.                                                 ■ 1. The authority citation for part 165
                                             or operator.                                                                                                   continues to read as follows:
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                  Department of Homeland Security Delegation
                                             we want to assist small entities in                     Federal agencies to assess the effects of              No. 0170.1.



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                                                              Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations                                          2991

                                             ■ 2. Add § 165.T08–1121 to read as                      ENVIRONMENTAL PROTECTION                               the Internet and will be publicly
                                             follows:                                                AGENCY                                                 available only in hard copy form.
                                                                                                                                                            Publicly available docket materials are
                                             § 165.T08–1121 Safety Zone; Upper                       40 CFR Part 52                                         available through www.regulations.gov
                                             Mississippi River between miles 109.9 and                                                                      or may be viewed during normal
                                             185.5; and Illinois River between miles 0               [EPA–R03–OAR–2014–0475; FRL–9941–36–
                                                                                                     Region 3]                                              business hours at the Air Protection
                                             and 128.9; MO and IL.
                                                                                                                                                            Division, U.S. Environmental Protection
                                               (a) Location. The following areas are                 Approval and Promulgation of Air                       Agency, Region III, 1650 Arch Street,
                                             safety zones:                                           Quality Implementation Plans;                          Philadelphia, Pennsylvania 19103.
                                                                                                     Pennsylvania; Allegheny County’s                       Copies of the state submittal are
                                               (1) All waters of the Upper
                                                                                                     Adoption of Control Techniques                         available at the Allegheny County
                                             Mississippi River between miles 109.9
                                                                                                     Guidelines for Four Industry                           Health Department, Bureau of
                                             and 185.5, extending the entire width of                Categories for Control of Volatile                     Environmental Quality, Division of Air
                                             the river; and                                          Organic Compound Emissions                             Quality, 301 39th Street, Pittsburgh,
                                               (2) All waters of the Illinois River                                                                         Pennsylvania 15201 and at the
                                                                                                     AGENCY:  Environmental Protection
                                             between miles 0 and 128.9, extending                                                                           Pennsylvania Department of
                                                                                                     Agency (EPA).
                                             the entire width of the river.                                                                                 Environmental Protection, Bureau of Air
                                                                                                     ACTION: Final rule.
                                               (b) Definitions. Designated                                                                                  Quality Control, P.O. Box 8468, 400
                                             representative means a Coast Guard                      SUMMARY:   The Environmental Protection                Market Street, Harrisburg, Pennsylvania
                                             Patrol Commander, including a Coast                     Agency (EPA) is converting a                           17105.
                                             Guard coxswain, petty officer, or other                 conditional approval of a state                        FOR FURTHER INFORMATION CONTACT:
                                             officers operating a Coast Guard vessel                 implementation plan (SIP) revision                     Irene Shandruk, (215) 814–2166, or by
                                             and a Federal, State, and local officer                 submitted by the Commonwealth of                       email at shandruk.irene@epa.gov.
                                             designated by or assisting the Captain of               Pennsylvania on behalf of the Allegheny                SUPPLEMENTARY INFORMATION:
                                             the Port (COTP) Upper Mississippi                       County Health Department (ACHD) to a
                                                                                                     full approval. This SIP revision includes              I. Background
                                             River in the enforcement of the safety
                                                                                                     amendments to the ACHD Rules and                          Section 172(c)(1) of the CAA provides
                                             zones.
                                                                                                     Regulations, Article XXI, Air Pollution                that SIPs for nonattainment areas must
                                               (c) Regulations. (1) Under the general                Control, and meets the requirement to                  include reasonably available control
                                             safety zone regulations in subpart C of                 adopt reasonably available control                     measures (RACM), including RACT, for
                                             this part, you may not enter the safety                 technology (RACT) for sources covered                  sources of emissions. Section
                                             zones described in paragraph (a) of this                by EPA’s control techniques guidelines                 182(b)(2)(A) provides that for certain
                                             section unless authorized by the COTP                   (CTG) for the following categories:                    nonattainment areas, states must revise
                                             or the COTP’s designated representative.                miscellaneous metal and/or plastic parts               their SIP to include RACT for sources of
                                                                                                     surface coating processes; automobile                  VOC emissions covered by a CTG
                                                (2) To seek permission to enter,
                                                                                                     and light-duty truck assembly coatings;                document issued after November 15,
                                             contact the COTP or the COTP’s
                                                                                                     miscellaneous industrial adhesives; and                1990 and prior to the area’s date of
                                             representative via VHF–FM channel 16,                   fiberglass boat manufacturing materials.
                                             or through Coast Guard Sector Upper                                                                            attainment. In 2008, EPA developed
                                                                                                     Upon review of the submittal, EPA                      new CTGs for miscellaneous metal and
                                             Mississippi River at 314–269–2332.                      found that the average monomer volatile
                                             Those in the safety zones must comply                                                                          plastic parts coatings, automobile and
                                                                                                     organic compound (VOC) content limits                  light-duty assembly coatings,
                                             with all lawful orders or directions                    were referenced but not included in the
                                             given to them by the COTP or the                                                                               miscellaneous industrial adhesives, and
                                                                                                     regulation for fiberglass boat                         fiberglass boat manufacturing materials.
                                             COTP’s designated representative.                       manufacturing materials. ACHD has
                                                (d) Enforcement periods. This rule is                revised the regulation and submitted the               II. Summary of SIP Revision
                                             effective from 3:00 p.m. on December                    table of VOC content limits for fiberglass                On November 15, 2013, the
                                             28, 2015 through 11:59 p.m. on January                  boat manufacturing materials to EPA in                 Pennsylvania Department of
                                             22, 2016, or until waters recede and                    order to address specific RACT                         Environmental Protection (PADEP)
                                             conditions allow for safe navigation,                   requirements for Allegheny County.                     submitted to EPA on behalf of ACHD a
                                             whichever occurs first.                                 Therefore, EPA is converting the                       SIP revision concerning the adoption of
                                                                                                     conditional approval of the revisions to               the EPA CTGs for miscellaneous metal
                                                (e) Informational broadcasts. The                    the Pennsylvania SIP to a full approval                and/or plastic parts surface coating
                                             COTP or a designated representative                     in accordance with the requirements of                 processes, automobile and light-duty
                                             will inform the public through                          the Clean Air Act (CAA).                               truck assembly coatings, miscellaneous
                                             broadcasts notice to mariners of the                    DATES: This final rule is effective on                 industrial adhesives, and fiberglass boat
                                             enforcement period for the emergency                    February 19, 2016.                                     manufacturing materials in Allegheny
                                             safety zones as well as any changes in                  ADDRESSES: EPA has established a                       County. These ACHD regulations, with
                                             the dates and times of enforcement.                     docket for this action under Docket ID                 a state effective date of June 8, 2013, are
                                               Dated: December 28, 2015.                             Number EPA–R03–OAR–2014–0475. All                      contained in the ACHD Rules and
                                             R.S. Rhodes,                                            documents in the docket are listed in                  Regulations, Article XXI, Air Pollution
                                             Commander, U.S. Coast Guard, Alternate
                                                                                                     the www.regulations.gov Web site.                      Control sections 2105.83 (Control of
                                                                                                     Although listed in the electronic docket,              VOC Emissions from Miscellaneous
rmajette on DSK2TPTVN1PROD with RULES




                                             Captain of the Port Upper Mississippi River.
                                             [FR Doc. 2016–01017 Filed 1–19–16; 8:45 am]
                                                                                                     some information is not publicly                       Metal and/or Plastic Parts Surface
                                                                                                     available, i.e., confidential business                 Coating Processes), 2105.84 (Control of
                                             BILLING CODE 9110–04–P
                                                                                                     information (CBI) or other information                 VOC Emissions from Automobile and
                                                                                                     whose disclosure is restricted by statute.             Light-Duty Truck Assembly Coatings),
                                                                                                     Certain other material, such as                        2105.85 (Control of VOC Emissions from
                                                                                                     copyrighted material, is not placed on                 Miscellaneous Industrial Adhesives),


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Document Created: 2016-01-19 23:44:05
Document Modified: 2016-01-19 23:44:05
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 without actual notice from January 20, 2016 until 11:59 p.m. on January 22, 2016. For the purposes of enforcement, actual notice will be used from 3:00 p.m. on December 28, 2015 until January 20, 2016.
ContactIf you have questions on this rule, call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone 314-269-2332, email [email protected]
FR Citation81 FR 2989 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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