Safety Zone; Truman-Hobbs Alteration of the Elgin Joliet & Eastern Railroad Drawbridge; Illinois River, Morris, IL, 72839-72842 [2011-30519]
Download as PDF
Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Rules and Regulations
PART 71—DESIGNATION OF CLASS A,
B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for Part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9V, Airspace
Designations and Reporting Points,
dated August 9, 2011, effective
September 15, 2011, is amended as
follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward from 700 feet or More
Above the Surface of the Earth.
*
*
*
*
*
AEA VA E5 Luray, VA [Amended]
Luray Caverns Airport, VA
(Lat. 38°40′01″ N., long. 78°30′02″ W.)
That airspace extending upward from 700
feet above the surface within a 14.5-mile
radius of Luray Caverns Airport.
Issued in College Park, Georgia, on
November 17, 2011.
Barry A. Knight,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2011–30492 Filed 11–25–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–1068]
Drawbridge Operation Regulation; City
Waterway Also Known as Thea Foss
Waterway, Tacoma, WA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Thirteenth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the South
11th Street (‘‘Murray Morgan’’) Bridge
across City Waterway also known as the
Thea Foss Waterway, mile 0.6, at
Tacoma, WA. The deviation is necessary
to perform extensive maintenance and
repair work on the bridge, including but
not limited to removal and replacement
of the roadway surface and the
underlying steel stringer substructure as
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:08 Nov 25, 2011
Jkt 226001
part a major bridge rehabilitation
project. This deviation allows the bridge
to remain in the closed position during
construction activities.This deviation is
effective from 8 a.m. on November 14,
2011 through 6 p.m. April 30, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
1068 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1068 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 rule, call or
email the Bridge Administrator, Coast
Guard Thirteenth District; telephone
(206) 220–7282 email
randall.d.overton@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The City
of Tacoma has requested to place the
South 11th Street ‘‘Murray Morgan’’
Bridge in the closed or down position
and to not open the bridge for vessel
traffic to facilitate a major rehabilitation
project on the bridge. The South 11th
Street Bridge crosses City Waterway
mile 0.6 at Tacoma, WA. The South
11th Street Bridge is also known as the
Murray Morgan Bridge and City
Waterway is also known as Thea Foss
Waterway. The South 11th Street Bridge
is a vertical lift bridge. During this
deviation the bridge will be placed in
the close or down position. There will
be a debris containment system attached
to the underside of the bridge for the
duration of construction activities. A
minimum vertical clearance of 57 feet
above mean high water will be provided
beneath the bridge and the attached
debris containment system, at all time
during the deviation period. Vessels
which do not require a bridge opening
may continue to transit beneath the
bridge during this closure period. Under
normal operations the bridge operates
under 33 CFR 117.1061 which requires
a two hour notice for an opening and
allows the bridge to not open during
morning and afternoon rush hours. This
current deviation states the lift span of
the 11th Street South Bridge (Murray
Morgan Bridge) across City Waterway
(Thea Foss Waterway), mile 0.6, need
not open from 8 a.m. November 14,
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
72839
2011 through 6 p.m. April 30, 2012;
except as otherwise outlined in this
article and through ongoing
coordination with waterway users. The
bridge will be able to open during this
maintenance period for emergent
situations provided 12 hours of advance
notification of an opening is given. The
bridge will be placed in the open
position: November 24–27, 2011;
December 24, 2011 through January 1,
2012, and either April 14–15, 2012 or
April 21–22, 2012, to be coordinated
with the local waterway users. The
bridge will also be opened during an
additional weekend in January,
February, and March to be determined
in coordination with local waterway
users.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: November 14, 2011.
Randall D. Overton,
Bridge Administrator.
[FR Doc. 2011–30513 Filed 11–25–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–1058]
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 removal of the Elgin
Joliet & Eastern Railroad Drawbridge’s
old bridge piers and pier protection
cells.
DATES: This rule is effective in the CFR
from November 28, 2011 until December
9, 2011. It is effective for purposes of
enforcement from 7 a.m. on November
16, 2011 until 7 a.m. on December 9,
2011.
SUMMARY:
E:\FR\FM\28NOR1.SGM
28NOR1
72840
Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Rules and Regulations
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
1058 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1058 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 email BM1 Adam Kraft,
U.S. Coast Guard Sector Lake Michigan,
at (414) 747–7148 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:
ADDRESSES:
pmangrum on DSK3VPTVN1PROD with RULES
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 there
is insufficient time for the Coast Guard
to wait for a notice and comment period
to run. The Coast Guard only recently
learned that the bridge project described
below will take longer than previously
planned and consequently, will
continue beyond the expiration of the
Coast Guard safety zone previously
established. Thus, 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 from
the hazards associated with this ongoing
bridge construction project.
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.
VerDate Mar<15>2010
15:08 Nov 25, 2011
Jkt 226001
Background and Purpose
The Truman-Hobbs alteration of the
Elgin Joliet & Eastern Railroad
Drawbridge, which consists of the
removal of the bridges old piers and pier
protection cells had originally
scheduled to finish by November 16,
2011. However, it has fallen behind
schedule and will now go until
December 9, 2011. The falling debris
associated with the removal of the
bridge’s piers and protection cells 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
Because of the aforementioned
hazards, the Captain of the Port, Sector
Lake Michigan, has determined that a
safety zone is necessary to protect
people and vessels. 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–FM Channel 16 or at
(414) 747–7182.
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
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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 or his or her designated
representative.
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 at various
times between 7 a.m. on November 16,
2011 and 7 a.m. on December 9, 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. Recreational Vessel
traffic will be minimal due to the time
of year and Commercial traffic is well
aware of this project since it has been
active since October 6, 2011. This rule
will simply extend the duration of the
safety zone that originally was set to
expire at 7 a.m. on November 16, 2011.
In the event that this temporary safety
zone affects shipping, commercial
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 Captain of the Port or
his or her representative can be
contacted via VHF–FM Channel 16 or at
(414) 747–7182. The Coast Guard will
give notice to the public via a Broadcast
to Mariners that the regulation is in
effect.
E:\FR\FM\28NOR1.SGM
28NOR1
Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Rules and Regulations
Assistance for Small Entities
Civil Justice Reform
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.
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.
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
pmangrum on DSK3VPTVN1PROD with RULES
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 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.
VerDate Mar<15>2010
15:08 Nov 25, 2011
Jkt 226001
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
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.
Frm 00019
Fmt 4700
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
We have analyzed this proposed 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.
PO 00000
72841
Sfmt 4700
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, 3306, 3703; 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.T09–1058 to read as
follows
■
§ 165.T09–1058 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
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 November 16,
2011 until 7 a.m. on December 9, 2011.
If the alteration project is completed
E:\FR\FM\28NOR1.SGM
28NOR1
72842
Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Rules and Regulations
before December 9, 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 onscene representative.
(3) The ‘‘designated representative’’ of
the Captain of the Port, Sector Lake
Michigan, is any Coast Guard
commissioned, warrant, petty officer, or
District 8 Bridge Branch Member 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 reachable
via VHF–FM Channel 16 or by calling
(414) 747–7182.
(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 or at (414) 747–7182.
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: November 14, 2011.
M. W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2011–30519 Filed 11–25–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
pmangrum on DSK3VPTVN1PROD with RULES
[Docket No. USCG–2011–0958]
RIN 1625–AA00
Safety Zones; New Year’s Eve
Fireworks Displays within the Captain
of the Port St. Petersburg Zone, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
VerDate Mar<15>2010
15:08 Nov 25, 2011
Jkt 226001
The Coast Guard is
establishing four temporary safety zones
during New Year’s Eve fireworks
displays on certain navigable waterways
in Naples, St. Petersburg, Cape Coral,
and Sarasota, Florida. These safety
zones are necessary to protect the public
from the hazards associated with
launching fireworks over navigable
waters of the United States. Persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within any of the four safety
zones unless authorized by the Captain
of the Port St. Petersburg or a designated
representative.
DATES: This rule is effective from 7 p.m.
on December 31, 2011 until 1 a.m. on
January 1, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0958 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0958 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
final rule, call or email Marine Science
Technician First Class Nolan L.
Ammons, Sector St. Petersburg
Prevention Department, Coast Guard;
telephone (813) 228–2191, email D07SMB-Tampa-WWM@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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 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 the
Coast Guard did not receive necessary
information regarding the fireworks
displays until October 6, 2011. As a
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
result, the Coast Guard did not have
sufficient time to publish an NPRM and
to receive public comments prior to the
fireworks displays. Any delay in the
effective date of this rule would be
contrary to the public interest because
immediate action is needed to minimize
potential danger to the public during the
fireworks displays.
Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Pub. L. 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1.
The purpose of the rule is to protect
the public from the hazards associated
with the launching of fireworks over
navigable waters of the United States.
Discussion of Rule
Multiple fireworks displays are
planned for New Year’s Eve celebrations
throughout the Captain of the Port St.
Petersburg Zone. The fireworks will be
launched from land, piers, or barges.
Whether launched from land, pier, or
barge, such fireworks will explode over
navigable waters of the United States.
The Coast Guard is establishing four
temporary safety zones for New Year’s
Eve fireworks displays on navigable
waters of the United States that are
located in the Captain of the Port St.
Petersburg Zone. The safety zones are
listed below.
1. Naples, Florida. All waters within
a 280 yard radius of position 26°07′53″
N, 81°48′32″ W. This safety zone will be
enforced from 7 p.m. until 8:30 p.m. on
December 31, 2011.
2. St. Petersburg, Florida. All waters
within a 375 yard radius of position
27°46′31″ N, 82°37′38″ W. This safety
zone will be enforced from 8:30 p.m. on
December 31, 2011 until 12:30 a.m. on
January 1, 2012.
3. Cape Coral, Florida. All waters
within a 235 yard radius of position
26°32′15″ N, 81°59′57″ W. This safety
zone will be enforced from 11:30 p.m.
on December 31, 2011 until 12:30 a.m.
on January 1, 2012.
4. Sarasota, Florida. All waters within
a 235 yard radius of position 27°19′55″
N, 82°32′48″ W. This safety zone will be
enforced from 11:30 p.m. on December
31, 2011 until 12:30 a.m. on January 1,
2012.
Persons and vessels are prohibited
from entering, transiting through,
anchoring in, or remaining within any
of the safety zones unless authorized by
the Captain of the Port St. Petersburg or
E:\FR\FM\28NOR1.SGM
28NOR1
Agencies
[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Rules and Regulations]
[Pages 72839-72842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30519]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1058]
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 removal of the Elgin
Joliet & Eastern Railroad Drawbridge's old bridge piers and pier
protection cells.
DATES: This rule is effective in the CFR from November 28, 2011 until
December 9, 2011. It is effective for purposes of enforcement from 7
a.m. on November 16, 2011 until 7 a.m. on December 9, 2011.
[[Page 72840]]
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1058 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-1058 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 email BM1 Adam Kraft, U.S. Coast Guard
Sector Lake Michigan, at (414) 747-7148 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 there is insufficient time for the
Coast Guard to wait for a notice and comment period to run. The Coast
Guard only recently learned that the bridge project described below
will take longer than previously planned and consequently, will
continue beyond the expiration of the Coast Guard safety zone
previously established. Thus, 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 from the hazards associated with this
ongoing bridge construction project.
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, which consists of the removal of the bridges old piers and
pier protection cells had originally scheduled to finish by November
16, 2011. However, it has fallen behind schedule and will now go until
December 9, 2011. The falling debris associated with the removal of the
bridge's piers and protection cells 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
Because of the aforementioned hazards, the Captain of the Port,
Sector Lake Michigan, has determined that a safety zone is necessary to
protect people and vessels. 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-FM Channel 16 or at (414) 747-
7182.
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 or his or her designated representative.
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 at various times
between 7 a.m. on November 16, 2011 and 7 a.m. on December 9, 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. Recreational
Vessel traffic will be minimal due to the time of year and Commercial
traffic is well aware of this project since it has been active since
October 6, 2011. This rule will simply extend the duration of the
safety zone that originally was set to expire at 7 a.m. on November 16,
2011.
In the event that this temporary safety zone affects shipping,
commercial 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 Captain of the Port or his or her
representative can be contacted via VHF-FM Channel 16 or at (414) 747-
7182. The Coast Guard will give notice to the public via a Broadcast to
Mariners that the regulation is in effect.
[[Page 72841]]
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 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 proposed 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, 3306, 3703; 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.T09-1058 to read as follows
Sec. 165.T09-1058 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 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 November 16, 2011 until 7 a.m. on
December 9, 2011. If the alteration project is completed
[[Page 72842]]
before December 9, 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 on-scene representative.
(3) The ``designated representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant, petty
officer, or District 8 Bridge Branch Member 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 reachable via VHF-FM Channel 16 or by
calling (414) 747-7182.
(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 or at (414) 747-
7182. 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: November 14, 2011.
M. W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-30519 Filed 11-25-11; 8:45 am]
BILLING CODE 9110-04-P