[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]


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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.

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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