Safety Zone; Truman-Hobbs Alteration of the Elgin Joliet & Eastern Railroad Drawbridge; Illinois River, Morris, IL, 34869-34871 [2011-14773]
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Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0199]
RIN 1625–AA00
Safety Zone; Truman-Hobbs Alteration
of the Elgin Joliet & Eastern Railroad
Drawbridge; Illinois River, Morris, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Illinois River near Morris, Illinois.
This zone is intended to restrict vessels
from a portion of the Illinois River due
to the Truman-Hobbs alteration of the
Elgin Joliet & Eastern Railroad
Drawbridge. This temporary safety zone
is necessary to protect the surrounding
public and vessels from the hazards
associated with the alteration of the
Elgin Joliet & Eastern Railroad
Drawbridge.
SUMMARY:
This rule is effective from 7 a.m.
on June 23, 2011, until 7 a.m. on June
30, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0199 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0199 in the ‘‘Keyword’’
box, and then clicking ‘‘search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
floor, Room W12–140, 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 temporary
rule, contact or e-mail BM1 Adam Kraft,
U.S. Coast Guard Sector Lake Michigan,
at 414–747–7154 or
Adam.D.Kraft@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
WReier-Aviles on DSKGBLS3C1PROD with RULES
DATES:
Regulatory 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
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15:05 Jun 14, 2011
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without prior notice and opportunity to
comment when an agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 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 waiting
for a notice and comment period to run
would be impracticable and contrary to
the public interest in that it would
prevent the Coast Guard from protecting
the public and vessels on navigable
waters.
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. For the reasons discussed in
the preceding paragraph, a 30-day
notice period would be impracticable
and contrary to the public interest.
Background and Purpose
The Truman-Hobbs alteration of the
Elgin Joliet & Eastern Railroad
Drawbridge will begin on June 23, 2011.
This temporary safety zone is necessary
to protect vessels from the hazards
associated with those alteration efforts.
The falling debris associated with the
removal and replacement of the bridge
spans poses a serious risk of injury to
persons and property. As such, the
Captain of the Port, Sector Lake
Michigan, has determined that the
alteration project of the Elgin Joliet &
Eastern Railroad Drawbridge poses
significant risks to public safety and
property and that a safety zone is
necessary.
Discussion of Rule
The safety zone will encompass all
U.S. navigable waters of the Illinois
River in the vicinity of the Elgin Joliet
& Eastern Railroad Drawbridge between
Mile Marker 270.1 and Mile Marker
271.5 of the Illinois River in Morris, IL.
[DATUM: NAD 83].
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative. The Captain of the Port,
Sector Lake Michigan, or his or her
designated representative may be
contacted via VHF Channel 16.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
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34869
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We conclude that this rule is not
a significant regulatory action because
we anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone around the bridge project will be
relatively small and exist for relatively
short duration. Thus, restrictions on
vessel movement within that particular
area are expected to be minimal. Under
certain conditions, moreover, vessels
may still transit through the safety zone
when permitted by the Captain of the
Port.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule will have a significant
economic impact on a substantial
number of small entities. 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.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor on
a portion of the Illinois River between
7 a.m. on June 23, 2011 and 7 a.m. on
June 30, 2011.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will
only be enforced while unsafe
conditions exist. Vessel traffic will be
minimal due to the public and
commercial outreach that has been
made the by D8 Bridge Branch over the
last 18 months.
In the event that this temporary safety
zone affects shipping, commercial
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Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations
vessels may request permission from the
Captain of The Port, Sector Lake
Michigan, or his or her designated
representative to transit through the
safety zone. The Coast Guard will give
notice to the public via a Broadcast to
Mariners that the regulation is in effect.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Assistance for Small Entities
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. 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.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
WReier-Aviles on DSKGBLS3C1PROD with RULES
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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
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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 concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
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technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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 concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a safety
zone and is therefore categorically
excluded under paragraph 34(g) of the
Instruction.
A final environmental analysis
checklist and categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0199 to read as
follows:
■
§ 165.T09–0199 Safety Zone; TrumanHobbs alteration of the Elgin Joliet &
Eastern Railroad Drawbridge, Morris,
Illinois
(a) Location. The safety zone will
encompass all U.S. navigable waters of
the Illinois River in the vicinity of the
Elgin Joliet & Eastern Railroad
Drawbridge between Mile Marker 270.1
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Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
and Mile Marker 271.5 of the Illinois
River in Morris, IL. [DATUM: NAD 83].
(b) Effective and enforcement period.
This rule is effective and will be
enforced from 7 a.m. on June 23, 2011,
until 7 a.m. on June 30, 2011. If the
alteration project is completed before
June 30, 2011, the Captain of the Port,
Sector Lake Michigan, or his or her
designated representative, may suspend
the enforcement of this safety zone.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan, or his or her designated
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Sector Lake Michigan, or his or her
designated representative.
(3) The ‘‘designated representative’’ of
the Captain of the Port, Sector Lake
Michigan, is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port, Sector Lake Michigan, to act
on his or her behalf. The designated
representative of the Captain of the Port,
Sector Lake Michigan, will be on land
in the vicinity of the safety zone and
will have constant communications
with the involved safety vessels that
will be provided by the contracting
company, James McHugh Construction,
and will have communications with a
D8 Bridge Branch representative, who
will be on scene as well.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sector
Lake Michigan, or his or her designated
representative to obtain permission to
do so. The Captain of the Port, Sector
Lake Michigan, or his or her designated
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port, Sector Lake Michigan, or his
or her designated representative.
Dated: June 3, 2011.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2011–14773 Filed 6–14–11; 8:45 am]
BILLING CODE 9110–04–P
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POSTAL SERVICE
39 CFR Part 111
Mobile Barcode Promotion
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
The Postal Service is revising
the Mailing Standards of the United
States Postal Service, Domestic Mail
Manual (DMM®) 709.4 to add a
temporary promotion for First-Class
Mail® cards, letters and flats, and
Standard Mail® letters and flats bearing
two-dimensional mobile barcodes.
DATES: Effective Date: July 5, 2011.
FOR FURTHER INFORMATION CONTACT:
Krista Becker at 202–268–7345 or
mobilebarcode@usps.gov; or Bill
Chatfield at 202–268–7278.
SUPPLEMENTARY INFORMATION: On April
12, 2011, the Postal Service filed a
notice with the Postal Regulatory
Commission to temporarily reduce the
prices for certain types of First-Class
Mail and Standard Mail that contain, in
or on the mailpiece, a two-dimensional
mobile barcode readable by consumer
smartphones. The Commission has
completed its review.
In this final rule, the Postal Service
provides a description of the conditions
for eligibility for the price reduction for
the mobile barcode promotion, and the
new mailing standards to implement the
promotion. To be eligible, each
mailpiece in the mailing (and listed on
the postage statement) must have a
qualifying two-dimensional mobile
barcode on the outside of each piece or
on the contents within each piece. The
barcodes, when scanned, must be used
for consumer interaction and be relevant
to the contents of the mailpiece. The
mobile barcodes must be used for
marketing, promotional or educational
purposes. They may not be used for
internal corporate operational processes
or for postage evidencing purposes.
Barcodes that link consumers to sites
that encourage enrollment to online bill
paying or paperless statement services
are not considered marketing,
promotional or educational for the
purposes of this initiative and are not
eligible for the discount.
A price reduction of three percent of
the total postage cost for a mailing in
which all mailpieces contain a twodimensional mobile (also known as a
‘‘QR’’ barcode) barcode that is readable
by consumer smartphones will apply to
presort and automation mailings of
First-Class Mail cards, letters, and flats;
and Standard Mail (including nonprofit)
letters and flats. Commingled, co-mailed
and combined mailings are allowed, but
SUMMARY:
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34871
a separate postage statement is required
for mailpieces with mobile barcodes.
Eligible mailings must be accompanied
by electronic documentation under
existing mailing standards for
submission of electronic
documentation.
Other than the full-service Intelligent
Mail® barcode discount, mailpieces are
ineligible to receive any other incentive
if claiming the mobile barcode
promotion three percent discount.
Promotion Dates and More Information
The Postal Service will implement the
promotion and temporary price
reduction effective for mailings made on
July 1, 2011 through August 31, 2011.
Plant-verified drop shipment (PVDS)
mailings may be accepted at origin on
or after June 26, 2011 for mail to be
entered at a destination facility on or
after July 1. PVDS shipments accepted
no later than August 31 may be entered
at destinations through September 15,
2011. Program requirements, including
updated FAQs, are available on the
RIBBS® Web site at https://
ribbs.usps.gov/
index.cfm?page=mobilebarcode or by
e-mail to mobilebarcode@usps.gov.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM), which is
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
Accordingly, 39 CFR part 111 is
amended as follows:
PART 111—[AMENDED]
1. The authority citation for 39 CFR
Part 111 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301–
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
2. Revise the following sections of the
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM):
*
*
*
*
*
■
700
Special Standards
*
*
*
*
*
709 Experimental and Temporary
Classifications
*
*
*
*
*
[Add new 4.0 as follows:]
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]]>Agencies
[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Rules and Regulations]
[Pages 34869-34871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14773]
[[Page 34869]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0199]
RIN 1625-AA00
Safety Zone; Truman-Hobbs Alteration of the Elgin Joliet &
Eastern Railroad Drawbridge; Illinois River, Morris, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Illinois River near Morris, Illinois. This zone is intended to restrict
vessels from a portion of the Illinois River due to the Truman-Hobbs
alteration of the Elgin Joliet & Eastern Railroad Drawbridge. This
temporary safety zone is necessary to protect the surrounding public
and vessels from the hazards associated with the alteration of the
Elgin Joliet & Eastern Railroad Drawbridge.
DATES: This rule is effective from 7 a.m. on June 23, 2011, until 7
a.m. on June 30, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0199 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0199 in the
``Keyword'' box, and then clicking ``search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground floor, Room
W12-140, 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
temporary rule, contact or e-mail BM1 Adam Kraft, U.S. Coast Guard
Sector Lake Michigan, at 414-747-7154 or Adam.D.Kraft@uscg.mil. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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 an agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 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 waiting for a notice and comment
period to run would be impracticable and contrary to the public
interest in that it would prevent the Coast Guard from protecting the
public and vessels on navigable waters.
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. For the reasons discussed in the
preceding paragraph, a 30-day notice period would be impracticable and
contrary to the public interest.
Background and Purpose
The Truman-Hobbs alteration of the Elgin Joliet & Eastern Railroad
Drawbridge will begin on June 23, 2011. This temporary safety zone is
necessary to protect vessels from the hazards associated with those
alteration efforts. The falling debris associated with the removal and
replacement of the bridge spans poses a serious risk of injury to
persons and property. As such, the Captain of the Port, Sector Lake
Michigan, has determined that the alteration project of the Elgin
Joliet & Eastern Railroad Drawbridge poses significant risks to public
safety and property and that a safety zone is necessary.
Discussion of Rule
The safety zone will encompass all U.S. navigable waters of the
Illinois River in the vicinity of the Elgin Joliet & Eastern Railroad
Drawbridge between Mile Marker 270.1 and Mile Marker 271.5 of the
Illinois River in Morris, IL. [DATUM: NAD 83].
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her
designated representative. Entry into, transiting, or anchoring within
the safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her designated representative.
The Captain of the Port, Sector Lake Michigan, or his or her designated
representative may be contacted via VHF Channel 16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The safety zone around the
bridge project will be relatively small and exist for relatively short
duration. Thus, restrictions on vessel movement within that particular
area are expected to be minimal. Under certain conditions, moreover,
vessels may still transit through the safety zone when permitted by the
Captain of the Port.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. 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.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor on a portion of the Illinois River between 7 a.m. on
June 23, 2011 and 7 a.m. on June 30, 2011.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be enforced while unsafe conditions exist. Vessel
traffic will be minimal due to the public and commercial outreach that
has been made the by D8 Bridge Branch over the last 18 months.
In the event that this temporary safety zone affects shipping,
commercial
[[Page 34870]]
vessels may request permission from the Captain of The Port, Sector
Lake Michigan, or his or her designated representative to transit
through the safety zone. The Coast Guard will give notice to the public
via a Broadcast to Mariners that the regulation is in effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
safety zone and is therefore categorically excluded under paragraph
34(g) of the Instruction.
A final environmental analysis checklist and categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
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; 46 U.S.C. Chapter 701; 50 U.S.C. 191,
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0199 to read as follows:
Sec. 165.T09-0199 Safety Zone; Truman-Hobbs alteration of the Elgin
Joliet & Eastern Railroad Drawbridge, Morris, Illinois
(a) Location. The safety zone will encompass all U.S. navigable
waters of the Illinois River in the vicinity of the Elgin Joliet &
Eastern Railroad Drawbridge between Mile Marker 270.1
[[Page 34871]]
and Mile Marker 271.5 of the Illinois River in Morris, IL. [DATUM: NAD
83].
(b) Effective and enforcement period. This rule is effective and
will be enforced from 7 a.m. on June 23, 2011, until 7 a.m. on June 30,
2011. If the alteration project is completed before June 30, 2011, the
Captain of the Port, Sector Lake Michigan, or his or her designated
representative, may suspend the enforcement of this safety zone.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her designated representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan, or his
or her designated representative.
(3) The ``designated representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan, to act on his or her behalf. The designated representative of
the Captain of the Port, Sector Lake Michigan, will be on land in the
vicinity of the safety zone and will have constant communications with
the involved safety vessels that will be provided by the contracting
company, James McHugh Construction, and will have communications with a
D8 Bridge Branch representative, who will be on scene as well.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan, or
his or her designated representative to obtain permission to do so. The
Captain of the Port, Sector Lake Michigan, or his or her designated
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port, Sector
Lake Michigan, or his or her designated representative.
Dated: June 3, 2011.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-14773 Filed 6-14-11; 8:45 am]
BILLING CODE 9110-04-P
