[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56384-56386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23535]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0777]
RIN 1625-AA00


Safety Zone; Kaskaskia River MM 28 to 29; New Athens, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Kaskaskia River, surface to bottom, between mile 28 
and 29. This temporary safety zone is necessary to protect persons and 
property from potential damage and safety hazards during the New Athens 
Drag Boat Race. During the period of enforcement, entry into this 
safety zone is prohibited unless specifically authorized by the Captain 
of the Port (COTP) Upper Mississippi River or other designated 
representative.

DATES: This rule is effective from 8:00 a.m. until 6:00 p.m. on 
September 19, 2015 and September 20, 2015. This rule will be enforced 
with actual notice from 8:00 a.m. until 6:00 p.m. on September 19, 2015 
and September 20, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0777. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email LCDR Sean Peterson, Chief of Prevention, Sector Upper 
Mississippi River U.S. Coast Guard; telephone (314) 269-2332, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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. Providing a full notice period is contrary 
to the public interest as it would delay the effectiveness of the 
temporary safety zone until after the planned event. Immediate action 
is needed to protect vessels and the public from the safety hazards 
associated with this high speed race event on the Kaskaskia River in 
New Athens, IL. Completing the full NPRM process is unnecessary due to 
the fact that there is minimal commercial traffic in the area and that 
notices will be made using Broadcast Notice to Mariners and Local 
Notice to Mariners. Mariners will have the ability to request entrance 
into the zone by contacting the COTP during the closure period. These 
requests will be handled on a case by case basis. Additionally, a delay 
to the effective date for this safety zone would be contrary to public 
interest because it would interfere with the planned race and the 
contractual obligations related to this event, and it would put the 
safety of the spectators and participants of the event at risk.
    For the same reasons, 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. Delaying the 
effective date of the rule is contrary to the public interest as it 
would delay the effectiveness of the temporary safety zone until after 
the planned event.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 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, which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The Kentucky Drag Boat Association's annual New Athens Drag Boat 
Race is scheduled for September 19 and 20, 2015. The event is listed in 
Table 2 of 33 CFR 100.801 number seven for the second weekend in 
September; however, the event is being held on the third weekend of 
September this year. The race will feature inboard, outboard, and jet-
propelled vessels competing on a closed course on the Kaskaskia River 
between miles 28 and 29. The Coast Guard determined that a safety zone 
is necessary to keep persons and property clear of any potential 
hazards associated with the race.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone from 8:00 
a.m. to 6:00 p.m. on September 19, 2015 and September 20, 2015, for the 
New Athens Drag Boat Race. The event will take place on the Kaskaskia 
River and the safety zone will include all waters of the Kaskaskia 
River between miles 28 and 29. The Coast Guard will enforce the 
temporary safety zone and may be assisted by other federal, state and 
local agencies and the Coast Guard Auxiliary. During the periods of 
enforcement, no vessels may transit into, through, or remain within 
this Coast Guard safety zone closure area. Deviation from this safety 
zone may be requested by contacting the COTP Upper Mississippi River or 
other designated representative. They may be contacted on VHF-FM 
Channel 16, or through Coast Guard Sector Upper Mississippi at 314-269-
2332. Deviations will be considered on a case-by case basis.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and

[[Page 56385]]

executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This temporary final 
rule establishes a safety zone that will be enforced for a limited time 
period. During the enforcement period, vessels are prohibited from 
entering into or remaining within the safety zone unless specifically 
authorized by the COTP Upper Mississippi River or other designated 
representative. Based on the location, limited safety zone size, and 
short duration of the enforcement period, the impacts on routine 
navigation are expected to be minimal. Additionally, notice of this 
safety zone or any changes in the planned schedule will be made via 
Broadcast Notice to Mariners and Local Notices to Mariners. Deviation 
from this rule may be requested from the COTP Upper Mississippi River 
and will be considered on a case-by-case basis.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 Kaskaskia River between mile markers 28 and 29 from 8:00 a.m. to 
6:00 p.m. on September 19, 2015 and September 20, 2015.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: this 
rule will be enforced for a short amount of time each day and 
commercial traffic is minimal in this area.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human

[[Page 56386]]

environment. This rule involves establishment of a temporary safety 
zone to protect persons and property from potential hazards associated 
with the scheduled New Athens Drag Boat Race taking place on the 
Kaskaskia River. This rule is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. A new temporary Sec.  165.T08-0777 is added to read as follows:


Sec.  165.T08-0777  Safety Zone; Kaskaskia River between MM 28 and 29; 
New Athens, IL.

    (a) Location. The following area is a safety zone: All waters of 
the Kaskaskia River between MM 28 and 29, New Athens, IL.
    (b) Effective and enforcement period. This rule is effective from 
8:00 a.m. until 6:00 p.m. on September 19, 2015 and September 20, 2015. 
This rule will be enforced with actual notice from 8:00 a.m. until 6:00 
p.m. on September 19, 2015 and September 20, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, movement within, or departure from this zone 
is prohibited unless authorized by the COTP Upper Mississippi River or 
a designated representative.
    (2) Persons or vessels requiring entry into, departure from, or 
movement within a regulated area must request permission from the COTP 
Upper Mississippi River or a designated representative. They may be 
contacted on VHF-FM Channel 16, or through Coast Guard Sector Upper 
Mississippi River at (314) 269-2332.
    (3) All persons and vessels shall comply with the instruction of 
the COTP Upper Mississippi River and designated on-scene personnel.
    (d) Informational broadcasts. The COTP Upper Mississippi River or a 
designated representative will inform the public through Local Notice 
to Mariners of the enforcement period for the safety zone as well as 
any changes in the planned and published dates and times of 
enforcement.

    Dated: August 13, 2015.
M. L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2015-23535 Filed 9-17-15; 8:45 am]
BILLING CODE 9110-04-P