[Federal Register Volume 75, Number 130 (Thursday, July 8, 2010)]
[Rules and Regulations]
[Pages 39163-39165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16586]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0472]
RIN 1625-AA00


Safety Zone; Illinois River, Mile 119.7 to 120.3

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for

[[Page 39164]]

all waters of the Illinois River, Mile 119.7 to 120.3, extending the 
entire width of the river. This safety zone is needed to protect 
persons and vessels from safety hazards associated with a high speed 
boat race occurring on a portion of the Illinois River. Entry into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port Upper Mississippi River or a designated representative.

DATES: This rule is effective from 10 a.m. on July 17 until 7 p.m. on 
July 18, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0472 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0472 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Lieutenant (LT) Rob McCaskey, Sector 
Upper Mississippi River Response Department at telephone 314-269-2541, 
e-mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Publication of an NPRM would be 
impracticable because the event would occur before the rulemaking 
process would be completed. Because of the dangers posed by the 
pyrotechnics used in this fireworks display, the safety zone is 
necessary to provide for the safety of event participants, spectators, 
spectator craft, and other vessels transiting the event area. For the 
safety concerns noted, it is in the public interest to have these 
regulations in effect during the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. For the safety concerns noted, it 
is in the public interest to have these regulations in effect during 
the event, which will occur less than 30 days after the publication of 
this rule.

Background and Purpose

    On July 17 & 18, 2010, the Havana Chamber of Commerce will be 
conducting a high speed boat race between mile 119.7 and mile 120.3 on 
the Illinois River. This event presents safety hazards to the 
navigation of vessels between mile 119.7 and mile 120.3, extending the 
entire width of the river. Because of the dangers posed by the 
pyrotechnics used in this fireworks display, the safety zone is 
necessary to provide for the safety of event participants, spectators, 
spectator craft, and other vessels transiting the event area.

Discussion of Rule

    The Coast Guard is establishing a safety zone for all waters of the 
Illinois River, Mile 119.7 to 120.3, extending the entire width of the 
river. Entry into this zone is prohibited to all vessels and persons 
except participants and those persons and vessels specifically 
authorized by the Captain of the Port Upper Mississippi River. This 
rule will be enforced from 10 a.m. until 7 p.m. CDT on July 17 & 18, 
2010. The Captain of the Port Upper Mississippi River will inform the 
public through local notice to mariners of all safety zone changes and 
enforcement periods.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. This rule is not considered significant 
because it will only be in effect for a limited time period. 
Furthermore, advance notifications to the marine community will be made 
through local notice to mariners and the River Industry Bulletin Board 
(RIBB) at http://www.ribb.com.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit the Illinois River, Mile 119.7 to 120.3 after 10 a.m. until 7 
p.m. CDT on July 17 & 18, 2010. This safety zone will not have a 
significant economic impact on a substantial number of small entities 
because this rule will only be in effect for a limited period of time.
    If you are a small business entity and are significantly affected 
by this regulation, please contact LT Rob McCaskey, Sector Upper 
Mississippi River at 314-269-2541.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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 businesses. 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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork

[[Page 39165]]

Reduction Act of 1995 (44 U.S.C. 3501--3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded 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 is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction. This rule involves establishing, 
disestablishing, or changing Regulated Navigation Areas and security or 
safety zones. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Add Sec.  165.T08-0472 to read as follows:


Sec.  165.T08-0472  Safety Zone; Illinois River, Mile 119.7 to 120.3.

    (a) Location. The following area is a safety zone: all waters of 
the Illinois River, Mile 119.7 to 120.3 extending the entire width of 
the waterway.
    (b) Effective date. This rule is effective from 10 a.m. on July 17 
until 7 p.m. on July 18, 2010.
    (c) Periods of Enforcement. This rule will be enforced from 10 a.m. 
until 7 p.m. each day, on July 17 & 18, 2010. The Captain of the Port 
Upper Mississippi River will inform the public through local notice to 
mariners of all safety zone changes and enforcement periods.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Upper Mississippi River or a 
designated representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Upper 
Mississippi River or a designated representative. The Captain of the 
Port Upper Mississippi River representative may be contacted at (314) 
269-2332.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Upper Mississippi River or their designated 
representative. Designated Captain of the Port representatives include 
United States Coast Guard commissioned, warrant, and petty officers of 
the U.S. Coast Guard.

    Dated: June 18, 2010.
S. L. Hudson,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2010-16586 Filed 7-7-10; 8:45 am]
BILLING CODE 9110-04-P