82_FR_50788 82 FR 50578 - Safety Zone; Illinois River, Beardstown, IL

82 FR 50578 - Safety Zone; Illinois River, Beardstown, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 210 (November 1, 2017)

Page Range50578-50580
FR Document2017-23820

The Coast Guard is establishing a temporary safety zone for all navigable waters on the Illinois River between mile marker (MM) 83.0 and MM 87.0. This action is necessary to provide for the safety of life and property on all navigable waters near Beardstown, IL while construction work is completed on new power lines extending across the river. During the period of enforcement, entry into the safety zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative.

Federal Register, Volume 82 Issue 210 (Wednesday, November 1, 2017)
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Rules and Regulations]
[Pages 50578-50580]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23820]



[[Page 50578]]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0932]
RIN 1625-AA00


Safety Zone; Illinois River, Beardstown, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters on the Illinois River between mile marker (MM) 
83.0 and MM 87.0. This action is necessary to provide for the safety of 
life and property on all navigable waters near Beardstown, IL while 
construction work is completed on new power lines extending across the 
river. During the period of enforcement, entry into the safety zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Upper Mississippi River (COTP) or a designated representative.

DATES: This rule is effective from 6 a.m. on November 1, 2017, through 
6 p.m. on December 15, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0932 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 Lieutenant Commander Sean Peterson, Chief of Prevention, 
Sector Upper Mississippi River, 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 Sector Upper Mississippi River
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 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 it is impracticable.
    The contractor for Ameren Electric Company, The L.E. Meyers Co., 
notified the Coast Guard on September 25, 2017 that the work would 
begin November 1, 2017 at 6 a.m. between Illinois River mile marker 
(MM) 83.0 and MM 87.0, which will cause safety concerns to vessels and 
obstruct the navigational channel. The contractor will be using 
helicopters in the placement of steel structures to support new power 
lines and to stretch the new power lines across the river. Due to the 
risks associated with power line work crossing the navigational 
channel, a safety zone is needed. We must establish this temporary 
safety zone by November 1, 2017 and lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule.
    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. Delaying the effective 
date of the rule is contrary to the public interest because immediate 
action is necessary to prevent possible loss of life and property from 
the hazards associated with the overhead power line work.

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 Sector Upper Mississippi River (COTP) has 
determined that potential hazards associated with overhead power line 
construction presents a safety concern for all navigable waters of the 
Illinois River between MM 83.0 and MM 87.0. The purpose of this rule is 
to ensure safety of life on the navigable waters in the temporary 
safety zone before, during, and after the overhead power line work.

IV. Discussion of the Rule

    This rule establishes a safety zone each day from 6 a.m. to 6 p.m. 
beginning on November 1, 2017 and ending on December 15, 2017, or until 
conditions allow for safe navigation, whichever occurs earlier. The 
safety zone will cover all navigable waters between MM 83.0 and MM 87.0 
on the Illinois River in Beardstown, IL. The safety zone is intended to 
ensure the safety of life and vessels on these navigable waters during 
overhead power line work. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. Exact times of the closures and any changes 
to the planned schedule will be communicated to mariners using 
Broadcast and Local Notice to Mariners.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. This temporary 
final rule establishes a temporary safety zone impacting a four mile 
area on the Illinois River for a limited time period of twelve hours on 
forty-five separate days. Additionally, from November 1, 2017 to 
November 11, 2017 the safety zone will be enforced for only five days 
while steel structures are being flown over the river and put in place 
to support the new power lines. During the dates from November 12, 2017 
to December 15, 2017 new power lines will be stretched across the 
river. During the enforcement period, vessels are prohibited from 
entering into or remaining within the safety zone unless specifically 
authorized by the COTP or other designated representative. The 
contractor performing the work will communicate to the COTP when work 
is not being performed and allow for affected vessel traffic to pass 
through the area.
    Additionally, notice of the safety zone or any changes in the 
planned schedule will be made via Broadcast and Local

[[Page 50579]]

Notice to Mariners. Entry into this safety zone may be requested from 
the COTP or other designated representative and will be 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 these rules. 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 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 temporary safety zone lasting twelve hours on thirty-
nine separate days that will prohibit entry from MM 83.0 to MM 87.0 on 
the Illinois River from November 1, 2017 to December 15, 2017. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

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, and 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.T08-0932 to read as follows:


Sec.  165.08-0932   Safety Zone; Illinois River, Beardstown, IL.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Illinois River between mile marker (MM) 83.0 and MM 87.0, 
Beardstown, IL.
    (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 Sector Upper Mississippi River (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 of this part, you may not enter the safety zone described 
in paragraph (a) of this section unless authorized by the COTP or a 
designated representative.
    (2) To seek permission to enter, contact the COTP or a designated 
representative via VHF-FM channel 16, or through Coast Guard Sector 
Upper Mississippi River by telephone at 314-269-2332. Those in the 
safety zone must comply with all lawful orders or

[[Page 50580]]

directions given to them by the COTP or a designated representative.
    (d) Effective period. This rule will be effective from 6 a.m. on 
November 1, 2017 through 6 p.m. on December 15, 2017. It will be 
enforced daily from 6 a.m. through 6 p.m.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the dates and times of enforcement.

    Dated: October 27, 2017.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2017-23820 Filed 10-31-17; 8:45 am]
BILLING CODE 9110-04-P



                                              50578            Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations

                                              DEPARTMENT OF HOMELAND                                   authorizes an agency to issue a rule                  Illinois River in Beardstown, IL. The
                                              SECURITY                                                 without prior notice and opportunity to               safety zone is intended to ensure the
                                                                                                       comment when the agency for good                      safety of life and vessels on these
                                              Coast Guard                                              cause finds that those procedures are                 navigable waters during overhead power
                                                                                                       ‘‘impracticable, unnecessary, or contrary             line work. No vessel or person will be
                                              33 CFR Part 165                                          to the public interest.’’ Under 5 U.S.C.              permitted to enter the safety zone
                                                                                                       553(b)(B), the Coast Guard finds that                 without obtaining permission from the
                                              [Docket Number USCG–2017–0932]
                                                                                                       good cause exists for not publishing a                COTP or a designated representative.
                                              RIN 1625–AA00                                            Notice of Proposed Rulemaking (NPRM)                  Exact times of the closures and any
                                                                                                       with respect to this rule because it is               changes to the planned schedule will be
                                              Safety Zone; Illinois River,                             impracticable.                                        communicated to mariners using
                                              Beardstown, IL                                              The contractor for Ameren Electric                 Broadcast and Local Notice to Mariners.
                                                                                                       Company, The L.E. Meyers Co., notified
                                              AGENCY:    Coast Guard, DHS.                             the Coast Guard on September 25, 2017                 V. Regulatory Analyses
                                              ACTION:   Temporary final rule.                          that the work would begin November 1,                   We developed this rule after
                                                                                                       2017 at 6 a.m. between Illinois River                 considering numerous statutes and
                                              SUMMARY:   The Coast Guard is                                                                                  Executive Orders related to rulemaking.
                                                                                                       mile marker (MM) 83.0 and MM 87.0,
                                              establishing a temporary safety zone for                                                                       Below we summarize our analyses
                                                                                                       which will cause safety concerns to
                                              all navigable waters on the Illinois River               vessels and obstruct the navigational                 based on a number of these statutes and
                                              between mile marker (MM) 83.0 and                        channel. The contractor will be using                 Executive Orders, and we discuss First
                                              MM 87.0. This action is necessary to                     helicopters in the placement of steel                 Amendment rights of protestors.
                                              provide for the safety of life and                       structures to support new power lines
                                              property on all navigable waters near                                                                          A. Regulatory Planning and Review
                                                                                                       and to stretch the new power lines
                                              Beardstown, IL while construction work                   across the river. Due to the risks                       Executive Orders 12866 and 13563
                                              is completed on new power lines                          associated with power line work                       direct agencies to assess the costs and
                                              extending across the river. During the                   crossing the navigational channel, a                  benefits of available regulatory
                                              period of enforcement, entry into the                    safety zone is needed. We must                        alternatives and, if regulation is
                                              safety zone is prohibited unless                         establish this temporary safety zone by               necessary, to select regulatory
                                              specifically authorized by the Captain of                November 1, 2017 and lack sufficient                  approaches that maximize net benefits.
                                              the Port Sector Upper Mississippi River                  time to provide a reasonable comment                  Executive Order 13771 directs agencies
                                              (COTP) or a designated representative.                   period and then consider those                        to control regulatory costs through a
                                              DATES: This rule is effective from 6 a.m.                comments before issuing the rule.                     budgeting process. This rule has not
                                              on November 1, 2017, through 6 p.m. on                      We are issuing this rule, and under 5              been designated a ‘‘significant
                                              December 15, 2017.                                       U.S.C. 553(d)(3), the Coast Guard finds               regulatory action,’’ under Executive
                                              ADDRESSES: To view documents                             that good cause exists for making it                  Order 12866. Accordingly, this rule has
                                              mentioned in this preamble as being                      effective less than 30 days after                     not been reviewed by the Office of
                                              available in the docket, go to http://                   publication in the Federal Register.                  Management and Budget (OMB), and
                                              www.regulations.gov, type USCG–2017–                     Delaying the effective date of the rule is            pursuant to OMB guidance it is exempt
                                              0932 in the ‘‘SEARCH’’ box and click                     contrary to the public interest because               from the requirements of Executive
                                              ‘‘SEARCH.’’ Click on Open Docket                         immediate action is necessary to                      Order 13771.
                                              Folder on the line associated with this                  prevent possible loss of life and                        This regulatory action determination
                                              rule.                                                    property from the hazards associated                  is based on the size, location, duration,
                                                                                                       with the overhead power line work.                    and time-of-year of the safety zone. This
                                              FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                             temporary final rule establishes a
                                              you have questions on this rule, call or                 III. Legal Authority and Need for Rule                temporary safety zone impacting a four
                                              email Lieutenant Commander Sean                                                                                mile area on the Illinois River for a
                                                                                                          The Coast Guard is issuing this rule
                                              Peterson, Chief of Prevention, Sector                                                                          limited time period of twelve hours on
                                                                                                       under authority in 33 U.S.C. 1231. The
                                              Upper Mississippi River, U.S. Coast                                                                            forty-five separate days. Additionally,
                                                                                                       Captain of the Port Sector Upper
                                              Guard; telephone 314–269–2332, email                                                                           from November 1, 2017 to November 11,
                                                                                                       Mississippi River (COTP) has
                                              Sean.M.Peterson@uscg.mil.                                                                                      2017 the safety zone will be enforced for
                                                                                                       determined that potential hazards
                                              SUPPLEMENTARY INFORMATION:                               associated with overhead power line                   only five days while steel structures are
                                              I. Table of Abbreviations                                construction presents a safety concern                being flown over the river and put in
                                                                                                       for all navigable waters of the Illinois              place to support the new power lines.
                                              CFR Code of Federal Regulations                          River between MM 83.0 and MM 87.0.                    During the dates from November 12,
                                              COTP Captain of the Port Sector Upper                                                                          2017 to December 15, 2017 new power
                                                Mississippi River
                                                                                                       The purpose of this rule is to ensure
                                              DHS Department of Homeland Security                      safety of life on the navigable waters in             lines will be stretched across the river.
                                              FR Federal Register                                      the temporary safety zone before,                     During the enforcement period, vessels
                                              NPRM Notice of proposed rulemaking                       during, and after the overhead power                  are prohibited from entering into or
                                              § Section                                                line work.                                            remaining within the safety zone unless
                                              U.S.C. United States Code                                                                                      specifically authorized by the COTP or
                                                                                                       IV. Discussion of the Rule                            other designated representative. The
                                              II. Background Information and                             This rule establishes a safety zone                 contractor performing the work will
sradovich on DSK3GMQ082PROD with RULES




                                              Regulatory History                                       each day from 6 a.m. to 6 p.m.                        communicate to the COTP when work is
                                                The Coast Guard is issuing this                        beginning on November 1, 2017 and                     not being performed and allow for
                                              temporary rule without prior notice and                  ending on December 15, 2017, or until                 affected vessel traffic to pass through
                                              opportunity to comment pursuant to                       conditions allow for safe navigation,                 the area.
                                              authority under section 4(a) of the                      whichever occurs earlier. The safety                     Additionally, notice of the safety zone
                                              Administrative Procedure Act (APA) (5                    zone will cover all navigable waters                  or any changes in the planned schedule
                                              U.S.C. 553(b)). This provision                           between MM 83.0 and MM 87.0 on the                    will be made via Broadcast and Local


                                         VerDate Sep<11>2014    17:12 Oct 31, 2017   Jkt 244001   PO 00000   Frm 00088   Fmt 4700   Sfmt 4700   E:\FR\FM\01NOR1.SGM   01NOR1


                                                               Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations                                        50579

                                              Notice to Mariners. Entry into this safety               D. Federalism and Indian Tribal                       Figure 2–1 of the Commandant
                                              zone may be requested from the COTP                      Governments                                           Instruction. A Record of Environmental
                                              or other designated representative and                      A rule has implications for federalism             Consideration supporting this
                                              will be considered on a case-by-case                     under Executive Order 13132,                          determination is available in the docket
                                              basis.                                                   Federalism, if it has a substantial direct            where indicated under ADDRESSES.
                                              B. Impact on Small Entities                              effect on the States, on the relationship             G. Protest Activities
                                                                                                       between the national government and                     The Coast Guard respects the First
                                                 The Regulatory Flexibility Act of                     the States, or on the distribution of                 Amendment rights of protesters.
                                              1980, 5 U.S.C. 601–612, as amended,                      power and responsibilities among the                  Protesters are asked to contact the
                                              requires Federal agencies to consider                    various levels of government. We have                 person listed in the FOR FURTHER
                                              the potential impact of regulations on                   analyzed this rule under that Order and               INFORMATION CONTACT section to
                                              small entities during rulemaking. The                    have determined that it is consistent                 coordinate protest activities so that your
                                              term ‘‘small entities’’ comprises small                  with the fundamental federalism                       message can be received without
                                              businesses, not-for-profit organizations                 principles and preemption requirements                jeopardizing the safety or security of
                                              that are independently owned and                         described in Executive Order 13132.                   people, places or vessels.
                                              operated and are not dominant in their                      Also, this rule does not have tribal
                                              fields, and governmental jurisdictions                   implications under Executive Order                    List of Subjects in 33 CFR Part 165
                                              with populations of less than 50,000.                    13175, Consultation and Coordination                    Harbors, Marine safety, Navigation
                                              The Coast Guard certifies under 5 U.S.C.                 with Indian Tribal Governments,                       (water), Reporting and recordkeeping
                                              605(b) that this rule will not have a                    because it does not have a substantial                requirements, Security measures, and
                                              significant economic impact on a                         direct effect on one or more Indian                   Waterways.
                                              substantial number of small entities.                    tribes, on the relationship between the                 For the reasons discussed in the
                                                                                                       Federal Government and Indian tribes,                 preamble, the Coast Guard amends 33
                                                 While some owners or operators of                     or on the distribution of power and
                                              vessels intending to transit the safety                                                                        CFR part 165 as follows:
                                                                                                       responsibilities between the Federal
                                              zone may be small entities, for the                      Government and Indian tribes. If you                  PART 165—REGULATED NAVIGATION
                                              reasons stated in section V.A. above,                    believe this rule has implications for                AREAS AND LIMITED ACCESS AREAS
                                              this rule will not have a significant                    federalism or Indian tribes, please
                                              economic impact on any vessel owner                      contact the person listed in the FOR                  ■ 1. The authority citation for part 165
                                              or operator.                                             FURTHER INFORMATION CONTACT section                   continues to read as follows:
                                                 Under section 213(a) of the Small                     above.                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              Business Regulatory Enforcement                          E. 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),                                                                        Department of Homeland Security Delegation
                                              we want to assist small entities in                        The Unfunded Mandates Reform Act                    No. 0170.1.
                                                                                                       of 1995 (2 U.S.C. 1531–1538) requires                   2. Add § 165.T08–0932 to read as
                                              understanding these rules. If the rule                                                                         ■
                                                                                                       Federal agencies to assess the effects of             follows:
                                              would affect your small business,
                                                                                                       their discretionary regulatory actions. In
                                              organization, or governmental
                                                                                                       particular, the Act addresses actions                 § 165.08–0932 Safety Zone; Illinois River,
                                              jurisdiction and you have questions                      that may result in the expenditure by a               Beardstown, IL.
                                              concerning its provisions or options for                 State, local, or tribal government, in the               (a) Location. The following area is a
                                              compliance, please contact the person                    aggregate, or by the private sector of                safety zone: All navigable waters of the
                                              listed in the FOR FURTHER INFORMATION                    $100,000,000 (adjusted for inflation) or              Illinois River between mile marker
                                              CONTACT section.                                         more in any one year. Though this rule                (MM) 83.0 and MM 87.0, Beardstown,
                                                 Small businesses may send comments                    will not result in such an expenditure,               IL.
                                              on the actions of Federal employees                      we do discuss the effects of this rule                   (b) Definitions. As used in this
                                              who enforce, or otherwise determine                      elsewhere in this preamble.                           section, designated representative
                                              compliance with, Federal regulations to                                                                        means a Coast Guard Patrol
                                                                                                       F. Environment
                                              the Small Business and Agriculture                                                                             Commander, including a Coast Guard
                                              Regulatory Enforcement Ombudsman                           We have analyzed this rule under                    coxswain, petty officer, or other officer
                                              and the Regional Small Business                          Department of Homeland Security                       operating a Coast Guard vessel and a
                                              Regulatory Fairness Boards. The                          Management Directive 023–01 and                       Federal, State, and local officer
                                              Ombudsman evaluates these actions                        Commandant Instruction M16475.lD,                     designated by or assisting the Captain of
                                              annually and rates each agency’s                         which guide the Coast Guard in                        the Port Sector Upper Mississippi River
                                              responsiveness to small business. If you                 complying with the National                           (COTP) in the enforcement of the safety
                                              wish to comment on actions by                            Environmental Policy Act of 1969 (42                  zone.
                                                                                                       U.S.C. 4321–4370f), and have                             (c) Regulations. (1) Under the general
                                              employees of the Coast Guard, call 1–
                                                                                                       determined that this action is one of a               safety zone regulations in § 165.23 of
                                              888–REG–FAIR (1–888–734–3247). The
                                                                                                       category of actions that do not                       this part, you may not enter the safety
                                              Coast Guard will not retaliate against
                                                                                                       individually or cumulatively have a                   zone described in paragraph (a) of this
                                              small entities that question or complain                 significant effect on the human                       section unless authorized by the COTP
                                              about this rule or any policy or action                  environment. This rule involves a                     or a designated representative.
sradovich on DSK3GMQ082PROD with RULES




                                              of the Coast Guard.                                      temporary safety zone lasting twelve                     (2) To seek permission to enter,
                                              C. Collection of Information                             hours on thirty-nine separate days that               contact the COTP or a designated
                                                                                                       will prohibit entry from MM 83.0 to MM                representative via VHF–FM channel 16,
                                                This rule will not call for a new                      87.0 on the Illinois River from                       or through Coast Guard Sector Upper
                                              collection of information under the                      November 1, 2017 to December 15,                      Mississippi River by telephone at 314–
                                              Paperwork Reduction Act of 1995 (44                      2017. It is categorically excluded from               269–2332. Those in the safety zone must
                                              U.S.C. 3501–3520).                                       further review under paragraph 34(g) of               comply with all lawful orders or


                                         VerDate Sep<11>2014    17:12 Oct 31, 2017   Jkt 244001   PO 00000   Frm 00089   Fmt 4700   Sfmt 4700   E:\FR\FM\01NOR1.SGM   01NOR1


                                              50580            Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations

                                              directions given to them by the COTP or                  resources, with particular attention to               review, the Forest Service recommends
                                              a designated representative.                             oil, natural gas, coal, and nuclear energy            revising or rescinding parts of 15 agency
                                                 (d) Effective period. This rule will be               resources. E.O. 13783 also requires                   actions to alleviate or eliminate undue
                                              effective from 6 a.m. on November 1,                     Federal agencies to make                              burdens on the prudent development or
                                              2017 through 6 p.m. on December 15,                      recommendations that could alleviate or               use of domestic energy sources.
                                              2017. It will be enforced daily from 6                   eliminate aspects of their actions that               Consistent with E.O. 13783, it is in the
                                              a.m. through 6 p.m.                                      unduly burden domestic energy                         national interest to promote the clean
                                                 (e) Informational broadcasts. The                     production.                                           and safe development of America’s vast
                                              COTP or a designated representative                      DATES: November 1, 2017.                              energy resources. Adopting these
                                              will inform the public through                                                                                 recommendations would result in the
                                                                                                       ADDRESSES: The report is available on
                                              broadcast notices to mariners of the                                                                           revision of parts of three regulations,
                                                                                                       the Forest Service’s Web site at https://
                                              enforcement period for the safety zone                                                                         five policies, four agreements with other
                                                                                                       www.fs.fed.us/managing-land/energy.
                                              as well as any changes in the dates and                                                                        agencies, one programmatic analysis,
                                              times of enforcement.                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             and one order and rescinding part of
                                                                                                       Sherri Thompson at 303–275–5147 or
                                                Dated: October 27, 2017.                                                                                     one policy. The Forest Service’s
                                                                                                       by mail at 1617 Cole Boulevard,
                                              Scott A. Stoermer,                                       Building 7, Lakewood, CO 80401.                       recommendations are principally
                                              Captain, U.S. Coast Guard, Captain of the                   Individuals who use                                associated with streamlining agency
                                              Port Sector Upper Mississippi River.                     telecommunication devices for the deaf                procedures or clarifying agency policy
                                              [FR Doc. 2017–23820 Filed 10–31–17; 8:45 am]             (TDD) may call the Federal Information                to facilitate more efficient processing of
                                              BILLING CODE 9110–04–P                                   Relay Service (FIRS) at 1–800–877–8339                energy proposals by the agency alone or
                                                                                                       between 8 a.m. and 8 p.m., Eastern                    in coordination with its partners.
                                                                                                       Standard Time, Monday through Friday.                   Dated: October 25, 2017.
                                              DEPARTMENT OF AGRICULTURE                                SUPPLEMENTARY INFORMATION: The                        Jeanne M. Higgins,
                                                                                                       purpose of E.O. 13783 is to eliminate                 Acting Associate Deputy Chief, National
                                              Forest Service                                           unnecessary Federal procedures that                   Forest System.
                                                                                                       obstruct, delay, curtail, or otherwise                [FR Doc. 2017–23805 Filed 10–31–17; 8:45 am]
                                              36 CFR Chapter II                                        impose significant costs on the siting,               BILLING CODE 3411–15–P
                                                                                                       permitting, production, utilization,
                                              Report Prepared Pursuant to Executive                    transmission, or delivery of energy
                                              Order 13783—Promoting Energy                             resources. On National Forest System
                                              Independence and Economic Growth                                                                               ENVIRONMENTAL PROTECTION
                                                                                                       lands, the USDA and the Forest Service
                                                                                                                                                             AGENCY
                                              AGENCY:   Forest Service, USDA.                          play an important role in assuring that
                                              ACTION:   Notification of final report.                  activities associated with Federal and                40 CFR Parts 52 and 97
                                                                                                       private energy mineral resources,
                                              SUMMARY:  The U.S. Department of                         renewable energy projects, and energy-                [EPA–R06–OAR–2016–0611; FRL–9969–07–
                                              Agriculture’s Forest Service (Forest                     related transmission and distribution                 Region 6]
                                              Service) has prepared its final report                   facilities are conducted in a manner that
                                              pursuant to Section 2 of Executive                       minimizes adverse effects on Federal                  Promulgation of Air Quality
                                              Order 13783—Promoting Energy                             surface resources while avoiding                      Implementation Plans; State of Texas;
                                              Independence and Economic Growth                         regulatory burdens that unnecessarily                 Regional Haze and Interstate Visibility
                                              (E.O. 13783). Section 2 of E.O. 13783                    encumber energy production, constrain                 Transport Federal Implementation Plan
                                              mandates an immediate review of all                      economic growth, and prevent job                      Correction
                                              Federal agency actions that potentially                  creation.
                                              unduly burden the safe, efficient                           Pursuant to Section 2 of E.O. 13783,                  In rule document 2017–21947,
                                              development of domestic energy                           the Forest Service reviewed more than                 appearing on pages 48324–48380 in the
                                              resources, and requires heads of Federal                 70 agency actions, including                          issue of Tuesday, October 17, 2017,
                                              agencies to review all existing                          regulations, policies, guidance, orders,              make the following correction:
                                              regulations, orders, guidance                            agreements with partner agencies, and                    On page 48370, in the first column, in
                                              documents, policies, and any other                       programmatic analyses at the                          the sixteenth line from the top,
                                              similar agency actions (collectively,                    Washington Office and field levels of                 ‘‘97.404(b)(1)’’, should read
                                              agency actions) that potentially unduly                  the agency to assess whether they                     ‘‘97.904(b)(1)’’.
                                              burden the development or use of                         unduly burden clean and safe domestic                 [FR Doc. C1–2017–21947 Filed 10–31–17; 8:45 am]
                                              domestically produced energy                             energy development. As a result of that               BILLING CODE 1300–00–D
sradovich on DSK3GMQ082PROD with RULES




                                         VerDate Sep<11>2014    17:12 Oct 31, 2017   Jkt 244001   PO 00000   Frm 00090   Fmt 4700   Sfmt 9990   E:\FR\FM\01NOR1.SGM   01NOR1



Document Created: 2017-11-01 02:03:03
Document Modified: 2017-11-01 02:03:03
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 6 a.m. on November 1, 2017, through 6 p.m. on December 15, 2017.
ContactIf you have questions on this rule, call or email Lieutenant Commander Sean Peterson, Chief of Prevention, Sector Upper Mississippi River, U.S. Coast Guard; telephone 314-269- 2332, email [email protected]
FR Citation82 FR 50578 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR