[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Rules and Regulations]
[Pages 72839-72842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30519]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1058]
RIN 1625-AA00


Safety Zone; Truman-Hobbs Alteration of the Elgin Joliet & 
Eastern Railroad Drawbridge; Illinois River, Morris, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Illinois River near Morris, Illinois. This zone is intended to restrict 
vessels from a portion of the Illinois River due to the Truman-Hobbs 
alteration of the Elgin Joliet & Eastern Railroad Drawbridge. This 
temporary safety zone is necessary to protect the surrounding public 
and vessels from the hazards associated with the removal of the Elgin 
Joliet & Eastern Railroad Drawbridge's old bridge piers and pier 
protection cells.

DATES: This rule is effective in the CFR from November 28, 2011 until 
December 9, 2011. It is effective for purposes of enforcement from 7 
a.m. on November 16, 2011 until 7 a.m. on December 9, 2011.

[[Page 72840]]


ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-1058 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1058 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, contact or email BM1 Adam Kraft, U.S. Coast Guard 
Sector Lake Michigan, at (414) 747-7148 or [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 an agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 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 there is insufficient time for the 
Coast Guard to wait for a notice and comment period to run. The Coast 
Guard only recently learned that the bridge project described below 
will take longer than previously planned and consequently, will 
continue beyond the expiration of the Coast Guard safety zone 
previously established. Thus, waiting for a notice and comment period 
to run would be impracticable and contrary to the public interest in 
that it would prevent the Coast Guard from protecting the public and 
vessels on navigable waters from the hazards associated with this 
ongoing bridge construction project.
    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 reasons discussed in the 
preceding paragraph, a 30-day notice period would be impracticable and 
contrary to the public interest.

Background and Purpose

    The Truman-Hobbs alteration of the Elgin Joliet & Eastern Railroad 
Drawbridge, which consists of the removal of the bridges old piers and 
pier protection cells had originally scheduled to finish by November 
16, 2011. However, it has fallen behind schedule and will now go until 
December 9, 2011. The falling debris associated with the removal of the 
bridge's piers and protection cells poses a serious risk of injury to 
persons and property. As such, the Captain of the Port, Sector Lake 
Michigan, has determined that the alteration project of the Elgin 
Joliet & Eastern Railroad Drawbridge poses significant risks to public 
safety and property and that a safety zone is necessary.

Discussion of Rule

    Because of the aforementioned hazards, the Captain of the Port, 
Sector Lake Michigan, has determined that a safety zone is necessary to 
protect people and vessels. The safety zone will encompass all U.S. 
navigable waters of the Illinois River in the vicinity of the Elgin 
Joliet & Eastern Railroad Drawbridge between Mile Marker 270.1 and Mile 
Marker 271.5 of the Illinois River in Morris, IL. [DATUM: NAD 83].
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her 
designated representative. Entry into, transiting, or anchoring within 
the safety zone is prohibited unless authorized by the Captain of the 
Port, Sector Lake Michigan, or his or her designated representative. 
The Captain of the Port, Sector Lake Michigan, or his or her designated 
representative may be contacted via VHF-FM Channel 16 or at (414) 747-
7182.

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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS). We conclude that this rule is not a significant 
regulatory action because we anticipate that it will have minimal 
impact on the economy, will not interfere with other agencies, will not 
adversely alter the budget of any grant or loan recipients, and will 
not raise any novel legal or policy issues. The safety zone around the 
bridge project will be relatively small and exist for relatively short 
duration. Thus, restrictions on vessel movement within that particular 
area are expected to be minimal. Under certain conditions, moreover, 
vessels may still transit through the safety zone when permitted by the 
Captain of the Port or his or her designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 might 
be small entities: The owners or operators of vessels intending to 
transit or anchor on a portion of the Illinois River at various times 
between 7 a.m. on November 16, 2011 and 7 a.m. on December 9, 2011.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be enforced while unsafe conditions exist. Recreational 
Vessel traffic will be minimal due to the time of year and Commercial 
traffic is well aware of this project since it has been active since 
October 6, 2011. This rule will simply extend the duration of the 
safety zone that originally was set to expire at 7 a.m. on November 16, 
2011.
    In the event that this temporary safety zone affects shipping, 
commercial vessels may request permission from the Captain of The Port, 
Sector Lake Michigan, or his or her designated representative to 
transit through the safety zone. The Captain of the Port or his or her 
representative can be contacted via VHF-FM Channel 16 or at (414) 747-
7182. The Coast Guard will give notice to the public via a Broadcast to 
Mariners that the regulation is in effect.

[[Page 72841]]

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 could 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 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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork 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 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 affect 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 concern 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 proposed 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 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which 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 the establishment of a 
safety zone and is therefore categorically excluded under paragraph 
34(g) of the Instruction.
    A final environmental analysis checklist and 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.

    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; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 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.T09-1058 to read as follows


Sec.  165.T09-1058  Safety Zone; Truman-Hobbs alteration of the Elgin 
Joliet & Eastern Railroad Drawbridge, Morris, Illinois

    (a) Location. The safety zone will encompass all U.S. navigable 
waters of the Illinois River in the vicinity of the Elgin Joliet & 
Eastern Railroad Drawbridge between Mile Marker 270.1 and Mile Marker 
271.5 of the Illinois River in Morris, IL. [DATUM: NAD 83].
    (b) Effective and Enforcement Period. This rule is effective and 
will be enforced from 7 a.m. on November 16, 2011 until 7 a.m. on 
December 9, 2011. If the alteration project is completed

[[Page 72842]]

before December 9, 2011, the Captain of the Port, Sector Lake Michigan, 
or his or her designated representative, may suspend the enforcement of 
this safety zone.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into, transiting, or anchoring within this safety zone 
is prohibited unless authorized by the Captain of the Port, Sector Lake 
Michigan, or his or her designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sector Lake Michigan, or his 
or her on-scene representative.
    (3) The ``designated representative'' of the Captain of the Port, 
Sector Lake Michigan, is any Coast Guard commissioned, warrant, petty 
officer, or District 8 Bridge Branch Member who has been designated by 
the Captain of the Port, Sector Lake Michigan, to act on his or her 
behalf. The designated representative of the Captain of the Port, 
Sector Lake Michigan, will be reachable via VHF-FM Channel 16 or by 
calling (414) 747-7182.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port, Sector Lake Michigan, or 
his or her designated representative to obtain permission to do so. The 
Captain of the Port, Sector Lake Michigan, or his or her designated 
representative may be contacted via VHF Channel 16 or at (414) 747-
7182. Vessel operators given permission to enter or operate in the 
safety zone must comply with all directions given to them by the 
Captain of the Port, Sector Lake Michigan, or his or her designated 
representative.

    Dated: November 14, 2011.
M. W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-30519 Filed 11-25-11; 8:45 am]
BILLING CODE 9110-04-P