[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Rules and Regulations]
[Pages 2989-2991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01017]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-1121]
RIN 1625-AA00
Safety Zone; Upper Mississippi River and Illinois River, MO and
IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing emergency temporary safety
zones for all waters of the Upper Mississippi River (UMR) between miles
109.9 and 185.5 and all waters of the Illinois River (ILR) between
miles 0 and 128.9. The emergency safety zones are needed to protect
persons, property, and infrastructure from potential damage and safety
hazards associated with high waters. Entry of vessels or persons into
these zones is prohibited unless specifically authorized by the Captain
of the Port (COTP). Deviation from the safety zones may be requested
and will be considered on a case-by-case basis as specifically
authorized by the Captain of the Port (COTP) or a designated
representative.
DATES: This rule is effective without actual notice from January 20,
2016 until 11:59 p.m. on January 22, 2016. For the purposes of
enforcement, actual notice will be used from 3:00 p.m. on December 28,
2015 until January 20, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1121 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast
Guard; telephone 314-269-2332, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
ILR Illinois River
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
UMR Upper Mississippi River
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because of the increased safety risks caused
by high waters on the UMR and ILR. On December 28, 2015, the Coast
Guard determined that immediate action is necessary to establish
emergency safety zones to protect life and property from the hazards
associated with and resulting from high waters. It is impracticable to
publish an NPRM because we must establish these safety zones by
December 28, 2015. Broadcast Notices to Mariners (BNM) and information
sharing with waterway users will update mariners of the closures and
enforcement times during this emergency situation.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Providing 30 days
notice would be contrary to public interest because immediate action is
needed to protect life and property from the hazards associated with
and resulting from high waters.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Upper Mississippi River determined that
potential hazards associated with and resulting from high waters and
related recovery efforts are present in the area. These hazards require
additional safety measures in the form of safety zones extending from
mile 109.9 to 185.5 on the UMR and mile 0 to 128.9 on the ILR to
protect those operating in the area and for the Coast Guard to maintain
navigational safety.
IV. Discussion of the Rule
The Coast Guard is establishing two temporary emergency safety
zones prohibiting access to the UMR between miles 109.9 and 185.5 and
the ILR between miles 0 and 128.9, extending the entire widths of the
rivers beginning at 3:00 p.m. on December 28, 2015, through 11:59 p.m.
on January 22, 2016 or until waters recede and conditions allow for
safe navigation, whichever occurs earlier. Deviation from the emergency
safety zones may be requested and will be considered on a case-by-case
basis as specifically authorized by the COTP or a designated
representative. Deviation requests will
[[Page 2990]]
be considered and reviewed on a case-by-case basis. The COTP may be
contacted by telephone at 314-269-2332 or can be reached by VHF-FM
channel 16.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget. This rule establishes
temporary emergency safety zones placing restrictions on vessels
transiting the UMR between miles 109.9 and 185.5 and the ILR between
miles 0 and 128.9. Notifications of enforcement times will be
communicated to the marine community via BNM. The impacts on navigation
will be limited to ensure the safety of mariners and vessels during
hazardous conditions associated with high waters.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zones may be small entities, for the reasons stated in section
V. A. above, this rule will not have significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a closure of the UMR between miles 109.9 and 185.5 and
the ILR between miles 0 and 128.9. It is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
[[Page 2991]]
0
2. Add Sec. 165.T08-1121 to read as follows:
Sec. 165.T08-1121 Safety Zone; Upper Mississippi River between miles
109.9 and 185.5; and Illinois River between miles 0 and 128.9; MO and
IL.
(a) Location. The following areas are safety zones:
(1) All waters of the Upper Mississippi River between miles 109.9
and 185.5, extending the entire width of the river; and
(2) All waters of the Illinois River between miles 0 and 128.9,
extending the entire width of the river.
(b) Definitions. Designated representative means a Coast Guard
Patrol Commander, including a Coast Guard coxswain, petty officer, or
other officers operating a Coast Guard vessel and a Federal, State, and
local officer designated by or assisting the Captain of the Port (COTP)
Upper Mississippi River in the enforcement of the safety zones.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zones described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF-FM channel 16, or through Coast Guard Sector
Upper Mississippi River at 314-269-2332. Those in the safety zones must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement periods. This rule is effective from 3:00 p.m. on
December 28, 2015 through 11:59 p.m. on January 22, 2016, or until
waters recede and conditions allow for safe navigation, whichever
occurs first.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcasts notice to
mariners of the enforcement period for the emergency safety zones as
well as any changes in the dates and times of enforcement.
Dated: December 28, 2015.
R.S. Rhodes,
Commander, U.S. Coast Guard, Alternate Captain of the Port Upper
Mississippi River.
[FR Doc. 2016-01017 Filed 1-19-16; 8:45 am]
BILLING CODE 9110-04-P