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]


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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
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