[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Rules and Regulations]
[Pages 50578-50580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23820]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0932]
RIN 1625-AA00


Safety Zone; Illinois River, Beardstown, 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 navigable waters on the Illinois River between mile marker (MM) 
83.0 and MM 87.0. This action is necessary to provide for the safety of 
life and property on all navigable waters near Beardstown, IL while 
construction work is completed on new power lines extending across the 
river. During the period of enforcement, entry into the safety zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Upper Mississippi River (COTP) or a designated representative.

DATES: This rule is effective from 6 a.m. on November 1, 2017, through 
6 p.m. on December 15, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0932 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 Lieutenant Commander Sean Peterson, Chief of Prevention, 
Sector Upper Mississippi River, 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 Sector 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 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 it is impracticable.
    The contractor for Ameren Electric Company, The L.E. Meyers Co., 
notified the Coast Guard on September 25, 2017 that the work would 
begin November 1, 2017 at 6 a.m. between Illinois River mile marker 
(MM) 83.0 and MM 87.0, which will cause safety concerns to vessels and 
obstruct the navigational channel. The contractor will be using 
helicopters in the placement of steel structures to support new power 
lines and to stretch the new power lines across the river. Due to the 
risks associated with power line work crossing the navigational 
channel, a safety zone is needed. We must establish this temporary 
safety zone by November 1, 2017 and lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule.
    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. Delaying the effective 
date of the rule is contrary to the public interest because immediate 
action is necessary to prevent possible loss of life and property from 
the hazards associated with the overhead power line work.

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 Sector Upper Mississippi River (COTP) has 
determined that potential hazards associated with overhead power line 
construction presents a safety concern for all navigable waters of the 
Illinois River between MM 83.0 and MM 87.0. The purpose of this rule is 
to ensure safety of life on the navigable waters in the temporary 
safety zone before, during, and after the overhead power line work.

IV. Discussion of the Rule

    This rule establishes a safety zone each day from 6 a.m. to 6 p.m. 
beginning on November 1, 2017 and ending on December 15, 2017, or until 
conditions allow for safe navigation, whichever occurs earlier. The 
safety zone will cover all navigable waters between MM 83.0 and MM 87.0 
on the Illinois River in Beardstown, IL. The safety zone is intended to 
ensure the safety of life and vessels on these navigable waters during 
overhead power line work. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. Exact times of the closures and any changes 
to the planned schedule will be communicated to mariners using 
Broadcast and Local Notice to Mariners.

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-year of the safety zone. This temporary 
final rule establishes a temporary safety zone impacting a four mile 
area on the Illinois River for a limited time period of twelve hours on 
forty-five separate days. Additionally, from November 1, 2017 to 
November 11, 2017 the safety zone will be enforced for only five days 
while steel structures are being flown over the river and put in place 
to support the new power lines. During the dates from November 12, 2017 
to December 15, 2017 new power lines will be stretched across the 
river. During the enforcement period, vessels are prohibited from 
entering into or remaining within the safety zone unless specifically 
authorized by the COTP or other designated representative. The 
contractor performing the work will communicate to the COTP when work 
is not being performed and allow for affected vessel traffic to pass 
through the area.
    Additionally, notice of the safety zone or any changes in the 
planned schedule will be made via Broadcast and Local

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Notice to Mariners. Entry into this safety zone may be requested from 
the COTP or other designated representative and 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 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 these rules. 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 Order 
13132.
    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, 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 temporary safety zone lasting twelve hours on thirty-
nine separate days that will prohibit entry from MM 83.0 to MM 87.0 on 
the Illinois River from November 1, 2017 to December 15, 2017. 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, and 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. Add Sec.  165.T08-0932 to read as follows:


Sec.  165.08-0932   Safety Zone; Illinois River, Beardstown, IL.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Illinois River between mile marker (MM) 83.0 and MM 87.0, 
Beardstown, IL.
    (b) Definitions. As used in this section, 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 Sector Upper Mississippi River (COTP) in the 
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23 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 seek permission to enter, contact the COTP or a designated 
representative via VHF-FM channel 16, or through Coast Guard Sector 
Upper Mississippi River by telephone at 314-269-2332. Those in the 
safety zone must comply with all lawful orders or

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directions given to them by the COTP or a designated representative.
    (d) Effective period. This rule will be effective from 6 a.m. on 
November 1, 2017 through 6 p.m. on December 15, 2017. It will be 
enforced daily from 6 a.m. through 6 p.m.
    (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 as well as any 
changes in the dates and times of enforcement.

    Dated: October 27, 2017.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2017-23820 Filed 10-31-17; 8:45 am]
BILLING CODE 9110-04-P