[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Rules and Regulations]
[Pages 39360-39362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17512]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0521]
RIN 1625-AA00


Safety Zone; Kaskaskia River, Evansville, IL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for all 
navigable waters on the Kaskaskia River between mile marker (MM) 9.0 
and MM 11.0. This action is necessary to provide for the safety of life 
on these navigable waters near Evansville, IL during high speed boat 
races. Entry of vessels or persons into this safety zone is prohibited 
unless authorized by the Captain of the Port Upper Mississippi River 
(COTP) or a designated representative.

DATES: This rule is effective from 8 a.m. on September 16, 2017, 
through 6 p.m. on September 17, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://

[[Page 39361]]

www.regulations.gov, type USCG-2017-0521 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

CFR Code of Federal Regulations
COTP Captain of the Port Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard preceded this final rule with a Notice of Proposed 
Rulemaking (NPRM). The NPRM was published in the Federal Register on 
June 21, 2017, (82 FR 28290). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to high 
speed boat races on the Kaskaskia River in Evansville, IL. The NPRM 
listed dates and times of enforcement of the safety zone. During the 
comment period that ended July 21, 2017, we received no comments.

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 (COTP) has 
determined that potential hazards associated with the high speed boat 
races will cause safety concerns. The purpose of this rule is to ensure 
safety of life, vessels and the navigable waters in the safety zones, 
before, during, and after the scheduled event.

IV. Discussion of the Comments, Changes, and the Rule

    As noted above, during the comment period for our NPRM that 
published June 21, 2017, no comments were received. There are no 
changes in the regulatory text of this rule from the proposed rule in 
the NPRM.
    This rule establishes a safety zone from 8 a.m. on September 16, 
2017 through 6 p.m. on September 17, 2017. The zone will be enforced 
from 8 a.m. through 6 p.m. each day. The safety zone will cover all 
navigable waters between MM 9.0 and 11.0 on the Kaskaskia River in 
Evansville, IL. The duration of the zone is intended to ensure the 
safety of vessels and participants on the navigable waters before, 
during, and after the scheduled high speed boat practices and races. 
Entry of vessels or persons into this safety zone is prohibited without 
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the regulated area. Vessel 
traffic will be able to safely navigate through the affected area 
before and after the scheduled event. The safety zone will only be 
enforced for a period of 10 hours on each of 2 days on 2 miles of 
navigable waters. Entry into the safety zones established through this 
rulemaking may be requested from the COTP or a designated 
representative; requests will be considered on a case-by-case basis.

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 received no comments from the Small Business 
Administration on this 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a 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 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive 
Order13132.
    Also, 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,

[[Page 39362]]

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.

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 safety zone lasting for 10 hours on 2 days, during 
daylight hours and restricts transit on a section of the Kaskaskia 
River extending 2 miles. It is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

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.

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. Add Sec.  165.T08-0521 to read as follows:


 Sec.  165.T08-0521  Safety Zone; Kaskaskia River, Evansville, IL.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Kaskaskia River between MM 9.0 and MM 11.0, Evansville, 
IL.
    (b) Definitions. As used in this section, a ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port Upper Mississippi River (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or a 
designated representative.
    (2) To request entry into the safety zone, contact the COTP or a 
designated representative via VHF-FM channel 16, or Coast Guard Sector 
Upper Mississippi River by telephone at 314-269-2332. Those persons 
authorized to be in the safety zone must comply with all lawful orders 
or directions given to them by the COTP or a designated representative.
    (d) Enforcement period. This section will be enforced each day from 
8 a.m. through 6 p.m. on September 16 and 17, 2017.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone.

    Dated: August 15, 2017.
 Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2017-17512 Filed 8-17-17; 8:45 am]
BILLING CODE 9110-04-P