[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Rules and Regulations]
[Pages 70019-70021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27413]



[[Page 70019]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0959]
RIN 1625-AA00


Safety Zone; Illinois River, Mile Markers 91.5 and 28.3 
(Frederick Light LLNR 7585 and Hurricane Island Upper Day Beacon LLNR 
7980)

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 within one-tenth of a mile up and down river of 
Mile Marker (MM) 91.5 and Mile Marker (MM) 28.3 on the Illinois River. 
The safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by diving operations for 
salvage work. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Sector Upper 
Mississippi River or a designated representative.

DATES: This rule is effective without actual notice from December 20, 
2019 through December 30, 2019. For the purposes of enforcement, actual 
notice will be used from December 16, 2019 through December 20, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0959 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 about this 
rulemaking, call or email Lieutenant Commander Christian Barger, 
Waterways Management Division, Sector Upper Mississippi River, U.S. 
Coast Guard; telephone 314-269-2560, 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
MM Mile Marker
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 of the very short notification of 
when the diving work on the Illinois River is due to take place. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by December 16, 2019.
    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 
this rule would be contrary to public interest because immediate action 
is necessary to respond to the potential safety hazards associated with 
the diving work to take place in the Illinois River.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Upper 
Mississippi River (COTP) has determined that potential hazards 
associated with dive operations starting December 16, 2019, will be a 
safety concern for anyone seeking to transit at MM 91.5 and MM 28.3 on 
the Illinois River. This rule is needed to protect personnel, vessels, 
and the marine environment in the navigable waters within the safety 
zone while the diving takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone which will be enforced for two 
days within the effective period from 7 a.m. through 1 p.m. or until 
dive operations are completed, whichever occurs sooner. The duration of 
the effective period is from December 16, 2019 to December 30, 2019 to 
allow for any potentially unsafe weather condtions that could delay the 
diving and salvage operations. The safety zone will cover all navigable 
waters of the Illinois River within one tenth of a mile up and down 
river of MM 91.5 and MM 28.3 extending the entire width of the river. 
This is necessary for divers and salvage equipment being used to 
complete work required to cut off old pilings below the water to 
recover the destroyed Coast Guard Aids to Navigation. The duration of 
the zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters while the work is taking place. 
No vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. The 
COTP or designated representative will notify the public of the actual 
enforcement dates by Broadcast Notice to Mariners, Locan Notice to 
Mariners and or Marine Safety Information Bulletin, as approtiate.

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, and duration of the safety zone. This safety zone impacts two 
small sections totaling less than a one mile stretch of the Illinois 
River for up to six hours over two days. Additionally, this rule allows 
vessels to seek permission to enter the zone.

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.

[[Page 70020]]

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 
call or email 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 call or email 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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 only 6 hours on two days that will prohibit entry 
within the dive operations locations at MM 91.5 and MM 28.3 on the 
Illinois River. It is categorically excluded from further review under 
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 
Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T08-0959 to read as follows:


Sec.  165.T08-0959  Safety Zone; Illinois River, Mile Markers 91.5 and 
28.3 (Frederick Light LLNR 7585 and Hurricane Island Upper Day Beacon 
LLNR 7980).

    (a) Location. The following area is a safety zone: all navigable 
waters of the Illinois River within one-tenth of a mile up and down 
river of mile marker (MM) 91.5 and MM 28.3 extending the entire width 
of the river.
    (b) Effective period. This section is effective without actual 
notice from December 20, 2019 through December 30, 2019. For the 
purposes of enforcement, actual notice will be used from December 16, 
2019 through December 20, 2019.
    (c) Enforcement periods. This section will be enforced for up to 
six hours on two days during the effective period. This section will be 
enforced during diving operations from approximately 7 a.m. through 1 
p.m. each day as needed.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Sector Upper 
Mississippi River (COTP) or designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of USCG 
Sector Upper Mississippi River.
    (2) Vessels requiring entry into this safety zone must request 
permission from the COTP or a designated representative. To seek entry 
into the safety zone, contact the COTP or the COTP's representative by 
telephone at 314-269-2332 or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter this safety zone must 
transit at their slowest safe speed and comply with all lawful 
directions issued by the COTP or the designated representative.
    (e) Information broadcasts. The COTP or a designated representative 
will

[[Page 70021]]

inform the public of the enforcement dates and times for this safety 
zone, as well as any emergent safety concerns that may delay the 
enforcement of the zone each day, through Broadcast Notice to Mariners 
(BNM), Local Notices to Mariners (LNMs), and/or Marine Safety 
Information Bulletins (MSIBs) as appropriate.

    Dated: December 13, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi 
River.
[FR Doc. 2019-27413 Filed 12-19-19; 8:45 am]
BILLING CODE 9110-04-P