81_FR_48475 81 FR 48333 - Safety Zone; Illinois River Mile 69.3 to 69.8; Meredosia, IL

81 FR 48333 - Safety Zone; Illinois River Mile 69.3 to 69.8; Meredosia, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 142 (July 25, 2016)

Page Range48333-48335
FR Document2016-17240

The Coast Guard is establishing a temporary safety zone for certain waters of the Illinois River from mile 69.3 to mile 69.8. This safety zone is needed to protect persons, property and infrastructure from potential damage and safety hazards associated with work being performed on new power lines across the river. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Upper Mississippi River (COTP). Deviation from the safety zone may be requested and will be considered on a case-by- case basis as specifically authorized by the COTP or a designated representative.

Federal Register, Volume 81 Issue 142 (Monday, July 25, 2016)
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48333-48335]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17240]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0678]
RIN 1625-AA00


Safety Zone; Illinois River Mile 69.3 to 69.8; Meredosia, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Illinois River from mile 69.3 to mile 69.8. This 
safety zone is needed to protect persons, property and infrastructure 
from potential damage and safety hazards associated with work being 
performed on new power lines across the river. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port, Upper Mississippi River (COTP). Deviation from 
the safety zone may be requested and will be considered on a case-by-
case basis as specifically authorized by the COTP or a designated 
representative.

DATES: This rule is effective from July 25, 2016 through August 16, 
2016. This rule will be enforced from 7 a.m. until 7 p.m. daily 
beginning on July 25, 2016 through August 16, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0678 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

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency finds good cause 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 NPRM with respect to this rule 
because Ameren, the company performing the power line operations, 
notified the Coast Guard on July 8, 2016 of the dates for these 
operations, requiring helicopters to stretch power lines across the 
river. This notice did not allow for the full NPRM process to be 
completed. Due to the risks associated with power line work crossing 
the navigational channel, a safety zone is needed to protect persons 
and property on the waterway. It would be impracticable to publish a 
NPRM because the safety zone must be established beginning July 25, 
2016. Broadcast Notice to Mariners and information sharing with 
waterway users will update mariners of the safety zone and enforcement 
times during the operations.
    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 impracticable because immediate action is needed to 
protect persons and

[[Page 48334]]

property from the hazards associated with power line work crossing the 
navigable channel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
using helicopters to stretch power lines across the navigational 
channel presents safety concerns for anyone within this limited area of 
the waterway. This rule provides additional safety measures, to protect 
persons and vessels, in the form of a safety zone from mile 69.3 to 
mile 69.8 on the Illinois River to protect those in the area and for 
the Coast Guard to maintain navigational safety.

IV. Discussion of Comments, Changes, and the Rule

    The Coast Guard is establishing a temporary safety zone prohibiting 
access to the Illinois River from mile 69.3 to mile 69.8, extending the 
entire width of the river from 7 a.m. until 7 p.m. daily, beginning on 
July 25, 2016 and scheduled to end on August 16, 2016, or until 
conditions allow for safe navigation, whichever occurs earlier. 
Deviation from the safety zone may be requested and will be considered 
on a case-by-case basis as specifically authorized by the COTP or a 
designated representative. 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 related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the limited 
location, enforcement periods and impacts on navigation. This rule 
establishes a temporary safety zone limiting access to a one-half mile 
area on the Illinois River from mile 69.3 to mile 69.8, for 12 hours 
each day for approximately 3 weeks. The impacts on navigation will be 
limited to ensure the safety of mariners and vessels during the period 
that helicopters will be pulling power lines across the navigational 
channel. Notifications of enforcement times will be communicated to the 
marine community via Broadcast Notice to Mariners. Deviation requests 
will be reviewed and considered on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
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 Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 safety

[[Page 48335]]

zone on the Illinois River from mile 69.3 to mile 69.8. It 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.

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.


0
2. Add Sec.  165.T08-0678 to read as follows:


Sec.  165.T08-0678  Safety Zone; Illinois River 69.3 to 69.8; 
Meredosia, IL.

    (a) Location. The following area is a safety zone: All waters of 
the Illinois River mile 69.3 to 69.8, extending the entire width of the 
river.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Upper Mississippi River (COTP) in the enforcement 
of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (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 zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement period. This rule will be enforced from 7 a.m. 
until 7 p.m. daily beginning on July 25, 2016 through August 16, 2016.

    Dated: July 18, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2016-17240 Filed 7-22-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                      Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations                                         48333

                                                  docket where indicated under                             as a Federal, State, and local officer                ADDRESSES:   To view documents
                                                  ADDRESSES. We seek any comments or                       designated by or assisting the Captain of             mentioned in this preamble as being
                                                  information that may lead to the                         the Port, Delaware Bay in the                         available in the docket, go to http://
                                                  discovery of a significant environmental                 enforcement of the security zone.                     www.regulations.gov, type USCG–2016–
                                                  impact from this rule.                                     (c) Regulations. (1) Under the general              0678 in the ‘‘SEARCH’’ box and click
                                                                                                           security zone regulations in subpart D of             ‘‘SEARCH.’’ Click on Open Docket
                                                  G. Protest Activities
                                                                                                           this part, no person or vessel may enter              Folder on the line associated with this
                                                    The Coast Guard respects the First                     the security zone described in paragraph              rule.
                                                  Amendment rights of protesters.                          (a) of this section unless authorized by              FOR FURTHER INFORMATION CONTACT: If
                                                  Protesters are asked to contact the                      the COTP or the COTP’s designated                     you have questions on this rule, call or
                                                  person listed in the FOR FURTHER                         representative.                                       email LCDR Sean Peterson, Chief of
                                                  INFORMATION CONTACT section to                              (2) To seek permission to enter,                   Prevention, U.S. Coast Guard; telephone
                                                  coordinate protest activities so that your               contact the COTP or the COTP’s                        314–269–2332, email Sean.M.Peterson@
                                                  message can be received without                          representative on VHF–FM channel 16.                  uscg.mil.
                                                  jeopardizing the safety or security of                   Those in the security zone must comply                SUPPLEMENTARY INFORMATION:
                                                  people, places or vessels.                               with all lawful orders or directions
                                                                                                           given to them by the COTP or the                      I. Table of Abbreviations
                                                  List of Subjects in 33 CFR Part 165
                                                                                                           COTP’s designated representative.                     CFR Code of Federal Regulations
                                                    Harbors, Marine safety, Navigation                        (d) Enforcement period: This rule is               COTP Captain of the Port
                                                  (water), Reporting and recordkeeping                     effective from 11:00 a.m. on July 25,                 DHS Department of Homeland Security
                                                  requirements, Security measures,                         2016, to 1:00 a.m. on July 29, 2016.                  FR Federal Register
                                                  Waterways.                                                                                                     NPRM Notice of proposed rulemaking
                                                                                                             Dated: July 19, 2016.                               § Section
                                                    For the reasons discussed in the
                                                                                                           Benjamin A. Cooper,                                   U.S.C. United States Code
                                                  preamble, the Coast Guard amends 33
                                                  CFR part 165 as follows:                                 Captain, U.S. Coast Guard, Captain of the
                                                                                                           Port, Delaware Bay.
                                                                                                                                                                 II. Background Information and
                                                                                                                                                                 Regulatory History
                                                  PART 165—REGULATED NAVIGATION                            [FR Doc. 2016–17440 Filed 7–22–16; 8:45 am]
                                                  AREAS AND LIMITED ACCESS AREAS                           BILLING CODE 9110–04–P
                                                                                                                                                                    The Coast Guard is issuing this
                                                                                                                                                                 temporary rule without prior notice and
                                                  ■ 1. The authority citation for part 165                                                                       opportunity to comment pursuant to
                                                  continues to read as follows:                            DEPARTMENT OF HOMELAND                                authority under section 4(a) of the
                                                                                                           SECURITY                                              Administrative Procedure Act (APA) (5
                                                    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;                                                                      U.S.C. 553(b)). This provision
                                                  Department of Homeland Security Delegation               Coast Guard                                           authorizes an agency to issue a rule
                                                  No. 0170.1.                                                                                                    without prior notice and opportunity to
                                                                                                           33 CFR Part 165                                       comment when the agency finds good
                                                  ■ 2. Add § 165.T05–0363 to read as
                                                                                                                                                                 cause that those procedures are
                                                  follows:                                                 [Docket Number USCG–2016–0678]                        ‘‘impracticable, unnecessary, or contrary
                                                  § 165.T05–0363 Security Zone; Delaware                   RIN 1625–AA00                                         to the public interest.’’ Under 5 U.S.C.
                                                  River, and Schuylkill River; Philadelphia,                                                                     553(b)(B), the Coast Guard finds that
                                                  PA.                                                      Safety Zone; Illinois River Mile 69.3 to              good cause exists for not publishing a
                                                    (a) Location. The following areas are                  69.8; Meredosia, IL                                   NPRM with respect to this rule because
                                                  security zones:                                                                                                Ameren, the company performing the
                                                     (1) The first security zone includes all              AGENCY:    Coast Guard, DHS.                          power line operations, notified the
                                                  the waters of the Delaware River from                    ACTION:   Temporary final rule.                       Coast Guard on July 8, 2016 of the dates
                                                  the New Jersey shore line, to the                                                                              for these operations, requiring
                                                  Pennsylvania shore line, beginning at                    SUMMARY:   The Coast Guard is                         helicopters to stretch power lines across
                                                  the est end of Little Tinicum Island                     establishing a temporary safety zone for              the river. This notice did not allow for
                                                  extending in a Northeasterly direction                   certain waters of the Illinois River from             the full NPRM process to be completed.
                                                  and ending at the mouth of the                           mile 69.3 to mile 69.8. This safety zone              Due to the risks associated with power
                                                  Schuylkill River;                                        is needed to protect persons, property                line work crossing the navigational
                                                     (2) The second security zone includes                 and infrastructure from potential                     channel, a safety zone is needed to
                                                  all the waters of the Schuylkill River                   damage and safety hazards associated                  protect persons and property on the
                                                  inside a boundary described as 500                       with work being performed on new                      waterway. It would be impracticable to
                                                  yards south of the I–95 Bridge and                       power lines across the river. Entry of                publish a NPRM because the safety zone
                                                  ending 500 yards north of the George C.                  vessels or persons into this zone is                  must be established beginning July 25,
                                                  Platt Memorial Bridge.                                   prohibited unless specifically                        2016. Broadcast Notice to Mariners and
                                                     (3) The third security zone includes                  authorized by the Captain of the Port,                information sharing with waterway
                                                  all waters of Darby Creek inside a                       Upper Mississippi River (COTP).                       users will update mariners of the safety
                                                  boundary described as originating 500                    Deviation from the safety zone may be                 zone and enforcement times during the
                                                  yards south of the Conrail Railroad                      requested and will be considered on a                 operations.
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Bridge and ending 100 yards north of                     case-by-case basis as specifically                       We are issuing this rule, and under 5
                                                  the I–95 Bridge.                                         authorized by the COTP or a designated                U.S.C. 553(d)(3), the Coast Guard finds
                                                     (b) Definitions. As used in this                      representative.                                       that good cause exists for making it
                                                  section, designated representative                       DATES: This rule is effective from July               effective less than 30 days after
                                                  means a Coast Guard Patrol                               25, 2016 through August 16, 2016. This                publication in the Federal Register.
                                                  Commander, including a Coast Guard                       rule will be enforced from 7 a.m. until               Providing 30 days notice would be
                                                  coxswain, petty officer, or other officer                7 p.m. daily beginning on July 25, 2016               impracticable because immediate action
                                                  operating a Coast Guard vessel; as well                  through August 16, 2016.                              is needed to protect persons and


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                                                  48334               Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations

                                                  property from the hazards associated                     navigation. This rule establishes a                   about this rule or any policy or action
                                                  with power line work crossing the                        temporary safety zone limiting access to              of the Coast Guard.
                                                  navigable channel.                                       a one-half mile area on the Illinois River
                                                                                                                                                                 C. Collection of Information
                                                                                                           from mile 69.3 to mile 69.8, for 12 hours
                                                  III. Legal Authority and Need for Rule                                                                           This rule will not call for a new
                                                                                                           each day for approximately 3 weeks.
                                                     The Coast Guard is issuing this rule                  The impacts on navigation will be                     collection of information under the
                                                  under authority in 33 U.S.C. 1231. The                   limited to ensure the safety of mariners              Paperwork Reduction Act of 1995 (44
                                                  COTP has determined that potential                       and vessels during the period that                    U.S.C. 3501–3520).
                                                  hazards associated with using                            helicopters will be pulling power lines               D. Federalism and Indian Tribal
                                                  helicopters to stretch power lines across                across the navigational channel.                      Governments
                                                  the navigational channel presents safety                 Notifications of enforcement times will
                                                  concerns for anyone within this limited                  be communicated to the marine                            A rule has implications for federalism
                                                  area of the waterway. This rule provides                 community via Broadcast Notice to                     under Executive Order 13132,
                                                  additional safety measures, to protect                   Mariners. Deviation requests will be                  Federalism, if it has a substantial direct
                                                  persons and vessels, in the form of a                    reviewed and considered on a case-by-                 effect on the States, on the relationship
                                                  safety zone from mile 69.3 to mile 69.8                  case basis.                                           between the national government and
                                                  on the Illinois River to protect those in                                                                      the States, or on the distribution of
                                                  the area and for the Coast Guard to                      B. Impact on Small Entities                           power and responsibilities among the
                                                  maintain navigational safety.                               The Regulatory Flexibility Act of                  various levels of government. We have
                                                                                                           1980, 5 U.S.C. 601–612, as amended,                   analyzed this rule under that Order and
                                                  IV. Discussion of Comments, Changes,                                                                           have determined that it is consistent
                                                  and the Rule                                             requires Federal agencies to consider
                                                                                                           the potential impact of regulations on                with the fundamental federalism
                                                    The Coast Guard is establishing a                      small entities during rulemaking. The                 principles and preemption requirements
                                                  temporary safety zone prohibiting                        term ‘‘small entities’’ comprises small               described in Executive Order 13132.
                                                  access to the Illinois River from mile                   businesses, not-for-profit organizations                 Also, this rule does not have tribal
                                                  69.3 to mile 69.8, extending the entire                  that are independently owned and                      implications under Executive Order
                                                  width of the river from 7 a.m. until 7                   operated and are not dominant in their                13175, Consultation and Coordination
                                                  p.m. daily, beginning on July 25, 2016                   fields, and governmental jurisdictions                with Indian Tribal Governments,
                                                  and scheduled to end on August 16,                       with populations of less than 50,000.                 because it does not have a substantial
                                                  2016, or until conditions allow for safe                 The Coast Guard certifies under 5 U.S.C.              direct effect on one or more Indian
                                                  navigation, whichever occurs earlier.                    605(b) that this rule will not have a                 tribes, on the relationship between the
                                                  Deviation from the safety zone may be                    significant economic impact on a                      Federal Government and Indian tribes,
                                                  requested and will be considered on a                    substantial number of small entities.                 or on the distribution of power and
                                                  case-by-case basis as specifically                                                                             responsibilities between the Federal
                                                                                                              While some owners or operators of
                                                  authorized by the COTP or a designated                                                                         Government and Indian tribes. If you
                                                                                                           vessels intending to transit the safety
                                                  representative. The COTP may be                                                                                believe this rule has implications for
                                                                                                           zone may be small entities, for the
                                                  contacted by telephone at 314–269–                                                                             federalism or Indian tribes, please
                                                                                                           reasons stated in section V.A. above,
                                                  2332 or can be reached by VHF–FM                                                                               contact the person listed in the FOR
                                                                                                           this rule will not have a significant
                                                  channel 16.                                                                                                    FURTHER INFORMATION CONTACT section.
                                                                                                           economic impact on any vessel owner
                                                  V. Regulatory Analyses                                   or operator.                                          E. Unfunded Mandates Reform Act
                                                    We developed this rule after                              Under section 213(a) of the Small                    The Unfunded Mandates Reform Act
                                                  considering numerous statutes and                        Business Regulatory Enforcement                       of 1995 (2 U.S.C. 1531–1538) requires
                                                  Executive Orders related to rulemaking.                  Fairness Act of 1996 (Pub. L. 104–121),               Federal agencies to assess the effects of
                                                  Below we summarize our analyses                          we want to assist small entities in                   their discretionary regulatory actions. In
                                                  based on a number of these statutes and                  understanding this rule. If the rule                  particular, the Act addresses actions
                                                  Executive orders, and we discuss First                   would affect your small business,                     that may result in the expenditure by a
                                                  Amendment rights of protestors.                          organization, or governmental                         State, local, or tribal government, in the
                                                                                                           jurisdiction and you have questions                   aggregate, or by the private sector of
                                                  A. Regulatory Planning and Review                        concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                                     Executive Orders 12866 and 13563                      compliance, please contact the person                 more in any one year. Though this rule
                                                  direct agencies to assess the costs and                  listed in the FOR FURTHER INFORMATION                 will not result in such an expenditure,
                                                  benefits of available regulatory                         CONTACT section.                                      we do discuss the effects of this rule
                                                  alternatives and, if regulation is                          Small businesses may send comments                 elsewhere in this preamble.
                                                  necessary, to select regulatory                          on the actions of Federal employees
                                                  approaches that maximize net benefits.                   who enforce, or otherwise determine                   F. Environment
                                                  Executive Order 13563 emphasizes the                     compliance with, Federal regulations to                 We have analyzed this rule under
                                                  importance of quantifying both costs                     the Small Business and Agriculture                    Department of Homeland Security
                                                  and benefits, of reducing costs, of                      Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                                  harmonizing rules, and of promoting                      and the Regional Small Business                       Commandant Instruction M16475.lD,
                                                  flexibility. This rule has not been                      Regulatory Fairness Boards. The                       which guide the Coast Guard in
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  designated a ‘‘significant regulatory                    Ombudsman evaluates these actions                     complying with the National
                                                  action,’’ under Executive Order 12866.                   annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                                  Accordingly, it has not been reviewed                    responsiveness to small business. If you              U.S.C. 4321–4370f), and have
                                                  by the Office of Management and                          wish to comment on actions by                         determined that this action is one of a
                                                  Budget.                                                  employees of the Coast Guard, call 1–                 category of actions that do not
                                                     This regulatory action determination                  888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                                  is based on the limited location,                        Coast Guard will not retaliate against                significant effect on the human
                                                  enforcement periods and impacts on                       small entities that question or complain              environment. This rule involves a safety


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                                                                      Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations                                          48335

                                                  zone on the Illinois River from mile 69.3                  (2) To seek permission to enter,                    (Rehabilitation Act), as amended by the
                                                  to mile 69.8. It is categorically excluded               contact the COTP or the COTP’s                        Workforce Innovation and Opportunity
                                                  from further review under paragraph                      representative via VHF–FM channel 16,                 Act (WIOA), the Rehabilitation Services
                                                  34(g) of Figure 2–1 of the Commandant                    or through Coast Guard Sector Upper                   Administration (RSA) makes grants to
                                                  Instruction. An environmental analysis                   Mississippi River at 314–269–2332.                    public and private nonprofit agencies
                                                  checklist supporting this determination                  Those in the safety zone must comply                  and organizations, including
                                                  and a Categorical Exclusion                              with all lawful orders or directions                  institutions of higher education, to
                                                  Determination are available in the                       given to them by the COTP or the                      establish interpreter training programs
                                                  docket where indicated under                             COTP’s designated representative.                     or to provide financial assistance for
                                                  ADDRESSES. We seek any comments or                         (d) Enforcement period. This rule will              ongoing interpreter training programs to
                                                  information that may lead to the                         be enforced from 7 a.m. until 7 p.m.                  train a sufficient number of qualified
                                                  discovery of a significant environmental                 daily beginning on July 25, 2016                      interpreters throughout the country. The
                                                  impact from this rule.                                   through August 16, 2016.                              grants are designed to train interpreters
                                                                                                             Dated: July 18, 2016.                               to effectively interpret and transliterate
                                                  G. Protest Activities                                                                                          using spoken, visual, and tactile modes
                                                                                                           M.L. Malloy,
                                                    The Coast Guard respects the First                                                                           of communication; ensure the
                                                                                                           Captain, U.S. Coast Guard, Captain of the
                                                  Amendment rights of protesters.                                                                                maintenance of the interpreting skills of
                                                                                                           Port Upper Mississippi River.
                                                  Protesters are asked to contact the                                                                            qualified interpreters; and provide
                                                                                                           [FR Doc. 2016–17240 Filed 7–22–16; 8:45 am]
                                                  person listed in the FOR FURTHER                                                                               opportunities for interpreters to improve
                                                                                                           BILLING CODE 9110–04–P
                                                  INFORMATION CONTACT section to                                                                                 their skills in order to meet both the
                                                  coordinate protest activities so that your                                                                     highest standards approved by
                                                  message can be received without                                                                                certifying associations and the
                                                  jeopardizing the safety or security of                   DEPARTMENT OF EDUCATION                               communication needs of individuals
                                                  people, places or vessels.                                                                                     who are deaf or hard of hearing and
                                                                                                           34 CFR Chapter III                                    individuals who are deaf-blind.
                                                  List of Subjects in 33 CFR Part 165                                                                               Program Authority: 29 U.S.C. 772(f).
                                                                                                           [Docket ID ED–2016–OSERS–0005; CFDA
                                                    Harbors, Marine safety, Navigation                     Number: 84.160C.]                                        Applicable Program Regulations: 34
                                                  (water), Reporting and recordkeeping                                                                           CFR part 396.
                                                  requirements, Security measures,                         Final Priority—Training of Interpreters                  We published a notice of proposed
                                                  Waterways.                                               for Individuals Who Are Deaf or Hard                  priority (NPP) for this competition in
                                                    For the reasons discussed in the                       of Hearing and Individuals Who Are                    the Federal Register on April 7, 2016
                                                  preamble, the Coast Guard amends 33                      Deaf-Blind Program                                    (81 FR 20268). That notice contained
                                                  CFR part 165 as follows:                                                                                       background information and our reasons
                                                                                                           AGENCY:  Office of Special Education and
                                                                                                                                                                 for proposing the particular priority.
                                                                                                           Rehabilitative Services, Department of                   Public Comment: In response to our
                                                  PART 165—REGULATED NAVIGATION                            Education.
                                                  AREAS AND LIMITED ACCESS AREAS                                                                                 invitation in the NPP, 26 parties
                                                                                                           ACTION: Final priority.                               submitted comments on the proposed
                                                  ■ 1. The authority citation for part 165                                                                       priority. Generally, we do not address
                                                                                                           SUMMARY:   The Assistant Secretary for
                                                  continues to read as follows:                                                                                  technical and other minor changes, or
                                                                                                           Special Education and Rehabilitative
                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              Services announces a final priority                   suggested changes the law does not
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                under the Training of Interpreters for                authorize us to make under the
                                                  Department of Homeland Security Delegation               Individuals Who Are Deaf or Hard of                   applicable statutory authority. In
                                                  No. 0170.1.                                                                                                    addition, we do not address general
                                                                                                           Hearing and Individuals Who Are Deaf-
                                                  ■ 2. Add § 165.T08–0678 to read as                       Blind program. The Assistant Secretary                comments that raised concerns not
                                                  follows:                                                 may use this priority for competitions in             directly related to the proposed priority.
                                                                                                           fiscal year 2016 and later years. We take                Analysis of Comments and Changes:
                                                  § 165.T08–0678 Safety Zone; Illinois River                                                                     An analysis of the comments and of any
                                                  69.3 to 69.8; Meredosia, IL.                             this action to provide training and
                                                                                                           technical assistance to better prepare                changes in the priority since publication
                                                    (a) Location. The following area is a                                                                        of the NPP follows.
                                                                                                           novice interpreters to become highly
                                                  safety zone: All waters of the Illinois
                                                                                                           qualified nationally certified sign                   State-Level Certification or Licensure
                                                  River mile 69.3 to 69.8, extending the
                                                                                                           language interpreters.                                  Comment: A few commenters
                                                  entire width of the river.
                                                    (b) Definitions. As used in this                       DATES: This priority is effective August              suggested broadening the proposed
                                                  section, designated representative                       24, 2016.                                             outcomes for the Experiential Learning
                                                  means a Coast Guard Patrol                               FOR FURTHER INFORMATION CONTACT:                      Model Demonstration Center (Center)
                                                  Commander, including a Coast Guard                       Kristen Rhinehart-Fernandez, U.S.                     beyond national certification to include
                                                  coxswain, petty officer, or other officer                Department of Education, 400 Maryland                 State-level certification or licensure.
                                                  operating a Coast Guard vessel and a                     Avenue SW., Room 5062, Potomac                        These commenters noted that, in some
                                                  Federal, State, and local officer                        Center Plaza (PCP), Washington, DC                    States, the State certification system is
                                                  designated by or assisting the Captain of                20202–2800. Telephone: (202) 245–6103                 used to prepare interpreters for
                                                  the Port Upper Mississippi River                         or by email: Kristen.Rhinehart@ed.gov.                advancement to national-level
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  (COTP) in the enforcement of the safety                     If you use a telecommunications                    certification. Other States use the
                                                  zone.                                                    device for the deaf (TDD) or a text                   Educational Interpreter Performance
                                                    (c) Regulations. (1) Under the general                 telephone (TTY), call the Federal Relay               Assessment (EIPA) and the Board for
                                                  safety zone regulations in subpart C of                  Service (FRS), toll free, at 1–800–877–               Evaluation of Interpreters (BEI) for
                                                  this part, you may not enter the safety                  8339.                                                 certification or licensure to offer
                                                  zone described in paragraph (a) of this                  SUPPLEMENTARY INFORMATION:                            interpreting services within the State.
                                                  section unless authorized by the COTP                       Purpose of Program: Under the                      Finally, one commenter stated that
                                                  or the COTP’s designated representative.                 Rehabilitation Act of 1973                            acknowledging the variability in State-


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Document Created: 2016-07-23 02:00:38
Document Modified: 2016-07-23 02:00:38
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 July 25, 2016 through August 16, 2016. This rule will be enforced from 7 a.m. until 7 p.m. daily beginning on July 25, 2016 through August 16, 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 48333 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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