Safety Zone; Upper Mississippi River and Illinois River, MO and IL, 2989-2991 [2016-01017]

Download as PDF Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations The system, Records Maintained by the Office of Civil Rights, designated as STATE–09, supports the Office of Civil Rights, Department of State, in the investigation, processing, and resolution of informal and formal complaints of discrimination filed against the Department in accordance with 29 CFR part 1614 and the Department’s internal procedures for addressing Equal Employment Opportunity (EEO) complaints; in the investigation, processing, and resolution of complaints of discrimination under 42 U.S.C. 2000d; and complaints under 20 U.S.C. 1681, 29 U.S.C. 794 and 794d, 42 U.S.C. 6101, 29 U.S.C. 621, and 36 CFR chapter XI. For additional background, see the notice of proposed rulemaking and the system of records notice published on July 14, 2015 (80 FR 40951 and 80 FR 41137, respectively). The Department received no public comment on these documents. SUPPLEMENTARY INFORMATION: List of Subjects in 22 CFR Part 171 Privacy. For the reasons stated in the preamble, 22 CFR part 171 is amended as follows: PART 171—[AMENDED] 1. The authority citation for part 171 continues to read as follows: ■ Authority: 5 U.S.C. 552, 552a; 22 U.S.C. 2651a; Public Law 95–521, 92 Stat. 1824, as amended; E.O. 13526, 75 FR 707; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235. § 171.36 [Amended] 2. Section 171.36 is amended by adding an entry, in alphabetical order, for ‘‘Records Maintained by the Office of Civil Rights, STATE–09’’ to the lists in paragraphs (b)(5) and (6). ■ Joyce A. Barr, Assistant Secretary for Administration, U.S. Department of State. [FR Doc. 2016–00557 Filed 1–19–16; 8:45 am] BILLING CODE 4710–10–P DEPARTMENT OF HOMELAND SECURITY ACTION: Temporary final rule. The Coast Guard is establishing emergency temporary safety zones for all waters of the Upper Mississippi River (UMR) between miles 109.9 and 185.5 and all waters of the Illinois River (ILR) between miles 0 and 128.9. The emergency safety zones are needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with high waters. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port (COTP). Deviation from the safety zones may be requested and will be considered on a case-by-case basis as specifically authorized by the Captain of the Port (COTP) or a designated representative. SUMMARY: This rule is effective without actual notice from January 20, 2016 until 11:59 p.m. on January 22, 2016. For the purposes of enforcement, actual notice will be used from 3:00 p.m. on December 28, 2015 until January 20, 2016. DATES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2015– 1121 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone 314–269–2332, email Sean.M.Peterson@ uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations BNM Broadcast Notice to Mariners CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security E.O. Executive order FR Federal Register ILR Illinois River NPRM Notice of proposed rulemaking Pub. L. Public Law § Section UMR Upper Mississippi River U.S.C. United States Code II. Background Information and Regulatory History 33 CFR Part 165 rmajette on DSK2TPTVN1PROD with RULES Coast Guard The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to [Docket Number USCG–2015–1121] RIN 1625–AA00 Safety Zone; Upper Mississippi River and Illinois River, MO and IL AGENCY: Coast Guard, DHS. VerDate Sep<11>2014 15:15 Jan 19, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 2989 comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because of the increased safety risks caused by high waters on the UMR and ILR. On December 28, 2015, the Coast Guard determined that immediate action is necessary to establish emergency safety zones to protect life and property from the hazards associated with and resulting from high waters. It is impracticable to publish an NPRM because we must establish these safety zones by December 28, 2015. Broadcast Notices to Mariners (BNM) and information sharing with waterway users will update mariners of the closures and enforcement times during this emergency situation. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Providing 30 days notice would be contrary to public interest because immediate action is needed to protect life and property from the hazards associated with and resulting from high waters. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Upper Mississippi River determined that potential hazards associated with and resulting from high waters and related recovery efforts are present in the area. These hazards require additional safety measures in the form of safety zones extending from mile 109.9 to 185.5 on the UMR and mile 0 to 128.9 on the ILR to protect those operating in the area and for the Coast Guard to maintain navigational safety. IV. Discussion of the Rule The Coast Guard is establishing two temporary emergency safety zones prohibiting access to the UMR between miles 109.9 and 185.5 and the ILR between miles 0 and 128.9, extending the entire widths of the rivers beginning at 3:00 p.m. on December 28, 2015, through 11:59 p.m. on January 22, 2016 or until waters recede and conditions allow for safe navigation, whichever occurs earlier. Deviation from the emergency safety zones may be requested and will be considered on a case-by-case basis as specifically authorized by the COTP or a designated representative. Deviation requests will E:\FR\FM\20JAR1.SGM 20JAR1 2990 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations be considered and reviewed on a caseby-case basis. The COTP may be contacted by telephone at 314–269– 2332 or can be reached by VHF–FM channel 16. V. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on a number of these statutes and E.O.s, and we discuss First Amendment rights of protestors. rmajette on DSK2TPTVN1PROD with RULES A. Regulatory Planning and Review E.O.s 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This rule establishes temporary emergency safety zones placing restrictions on vessels transiting the UMR between miles 109.9 and 185.5 and the ILR between miles 0 and 128.9. Notifications of enforcement times will be communicated to the marine community via BNM. The impacts on navigation will be limited to ensure the safety of mariners and vessels during hazardous conditions associated with high waters. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zones may be small entities, for the reasons stated in section V. A. above, this rule will not have significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in VerDate Sep<11>2014 15:15 Jan 19, 2016 Jkt 238001 understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under E.O. 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132. Also, this rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a closure of the UMR between miles 109.9 and 185.5 and the ILR between miles 0 and 128.9. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, 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; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. E:\FR\FM\20JAR1.SGM 20JAR1 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations 2. Add § 165.T08–1121 to read as follows: ENVIRONMENTAL PROTECTION AGENCY § 165.T08–1121 Safety Zone; Upper Mississippi River between miles 109.9 and 185.5; and Illinois River between miles 0 and 128.9; MO and IL. 40 CFR Part 52 (a) Location. The following areas are safety zones: (1) All waters of the Upper Mississippi River between miles 109.9 and 185.5, extending the entire width of the river; and (2) All waters of the Illinois River between miles 0 and 128.9, extending the entire width of the river. (b) Definitions. Designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officers operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port (COTP) Upper Mississippi River in the enforcement of the safety zones. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zones described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative via VHF–FM channel 16, or through Coast Guard Sector Upper Mississippi River at 314–269–2332. Those in the safety zones must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement periods. This rule is effective from 3:00 p.m. on December 28, 2015 through 11:59 p.m. on January 22, 2016, or until waters recede and conditions allow for safe navigation, whichever occurs first. (e) Informational broadcasts. The COTP or a designated representative will inform the public through broadcasts notice to mariners of the enforcement period for the emergency safety zones as well as any changes in the dates and times of enforcement. rmajette on DSK2TPTVN1PROD with RULES ■ Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Allegheny County’s Adoption of Control Techniques Guidelines for Four Industry Categories for Control of Volatile Organic Compound Emissions Dated: December 28, 2015. R.S. Rhodes, Commander, U.S. Coast Guard, Alternate Captain of the Port Upper Mississippi River. [FR Doc. 2016–01017 Filed 1–19–16; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 15:15 Jan 19, 2016 Jkt 238001 [EPA–R03–OAR–2014–0475; FRL–9941–36– Region 3] Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is converting a conditional approval of a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania on behalf of the Allegheny County Health Department (ACHD) to a full approval. This SIP revision includes amendments to the ACHD Rules and Regulations, Article XXI, Air Pollution Control, and meets the requirement to adopt reasonably available control technology (RACT) for sources covered by EPA’s control techniques guidelines (CTG) for the following categories: miscellaneous metal and/or plastic parts surface coating processes; automobile and light-duty truck assembly coatings; miscellaneous industrial adhesives; and fiberglass boat manufacturing materials. Upon review of the submittal, EPA found that the average monomer volatile organic compound (VOC) content limits were referenced but not included in the regulation for fiberglass boat manufacturing materials. ACHD has revised the regulation and submitted the table of VOC content limits for fiberglass boat manufacturing materials to EPA in order to address specific RACT requirements for Allegheny County. Therefore, EPA is converting the conditional approval of the revisions to the Pennsylvania SIP to a full approval in accordance with the requirements of the Clean Air Act (CAA). DATES: This final rule is effective on February 19, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2014–0475. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on SUMMARY: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 2991 the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available through www.regulations.gov or may be viewed during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the state submittal are available at the Allegheny County Health Department, Bureau of Environmental Quality, Division of Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201 and at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Irene Shandruk, (215) 814–2166, or by email at shandruk.irene@epa.gov. SUPPLEMENTARY INFORMATION: I. Background Section 172(c)(1) of the CAA provides that SIPs for nonattainment areas must include reasonably available control measures (RACM), including RACT, for sources of emissions. Section 182(b)(2)(A) provides that for certain nonattainment areas, states must revise their SIP to include RACT for sources of VOC emissions covered by a CTG document issued after November 15, 1990 and prior to the area’s date of attainment. In 2008, EPA developed new CTGs for miscellaneous metal and plastic parts coatings, automobile and light-duty assembly coatings, miscellaneous industrial adhesives, and fiberglass boat manufacturing materials. II. Summary of SIP Revision On November 15, 2013, the Pennsylvania Department of Environmental Protection (PADEP) submitted to EPA on behalf of ACHD a SIP revision concerning the adoption of the EPA CTGs for miscellaneous metal and/or plastic parts surface coating processes, automobile and light-duty truck assembly coatings, miscellaneous industrial adhesives, and fiberglass boat manufacturing materials in Allegheny County. These ACHD regulations, with a state effective date of June 8, 2013, are contained in the ACHD Rules and Regulations, Article XXI, Air Pollution Control sections 2105.83 (Control of VOC Emissions from Miscellaneous Metal and/or Plastic Parts Surface Coating Processes), 2105.84 (Control of VOC Emissions from Automobile and Light-Duty Truck Assembly Coatings), 2105.85 (Control of VOC Emissions from Miscellaneous Industrial Adhesives), E:\FR\FM\20JAR1.SGM 20JAR1

Agencies

[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Rules and Regulations]
[Pages 2989-2991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01017]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1121]
RIN 1625-AA00


Safety Zone; Upper Mississippi River and Illinois River, MO and 
IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing emergency temporary safety 
zones for all waters of the Upper Mississippi River (UMR) between miles 
109.9 and 185.5 and all waters of the Illinois River (ILR) between 
miles 0 and 128.9. The emergency safety zones are needed to protect 
persons, property, and infrastructure from potential damage and safety 
hazards associated with high waters. Entry of vessels or persons into 
these zones is prohibited unless specifically authorized by the Captain 
of the Port (COTP). Deviation from the safety zones may be requested 
and will be considered on a case-by-case basis as specifically 
authorized by the Captain of the Port (COTP) or a designated 
representative.

DATES: This rule is effective without actual notice from January 20, 
2016 until 11:59 p.m. on January 22, 2016. For the purposes of 
enforcement, actual notice will be used from 3:00 p.m. on December 28, 
2015 until January 20, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1121 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast 
Guard; telephone 314-269-2332, email Sean.M.Peterson@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
ILR Illinois River
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
UMR Upper Mississippi River
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because of the increased safety risks caused 
by high waters on the UMR and ILR. On December 28, 2015, the Coast 
Guard determined that immediate action is necessary to establish 
emergency safety zones to protect life and property from the hazards 
associated with and resulting from high waters. It is impracticable to 
publish an NPRM because we must establish these safety zones by 
December 28, 2015. Broadcast Notices to Mariners (BNM) and information 
sharing with waterway users will update mariners of the closures and 
enforcement times during this emergency situation.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Providing 30 days 
notice would be contrary to public interest because immediate action is 
needed to protect life and property from the hazards associated with 
and resulting from high waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Upper Mississippi River determined that 
potential hazards associated with and resulting from high waters and 
related recovery efforts are present in the area. These hazards require 
additional safety measures in the form of safety zones extending from 
mile 109.9 to 185.5 on the UMR and mile 0 to 128.9 on the ILR to 
protect those operating in the area and for the Coast Guard to maintain 
navigational safety.

IV. Discussion of the Rule

    The Coast Guard is establishing two temporary emergency safety 
zones prohibiting access to the UMR between miles 109.9 and 185.5 and 
the ILR between miles 0 and 128.9, extending the entire widths of the 
rivers beginning at 3:00 p.m. on December 28, 2015, through 11:59 p.m. 
on January 22, 2016 or until waters recede and conditions allow for 
safe navigation, whichever occurs earlier. Deviation from the emergency 
safety zones may be requested and will be considered on a case-by-case 
basis as specifically authorized by the COTP or a designated 
representative. Deviation requests will

[[Page 2990]]

be considered and reviewed on a case-by-case basis. The COTP may be 
contacted by telephone at 314-269-2332 or can be reached by VHF-FM 
channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget. This rule establishes 
temporary emergency safety zones placing restrictions on vessels 
transiting the UMR between miles 109.9 and 185.5 and the ILR between 
miles 0 and 128.9. Notifications of enforcement times will be 
communicated to the marine community via BNM. The impacts on navigation 
will be limited to ensure the safety of mariners and vessels during 
hazardous conditions associated with high waters.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zones may be small entities, for the reasons stated in section 
V. A. above, this rule will not have significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a closure of the UMR between miles 109.9 and 185.5 and 
the ILR between miles 0 and 128.9. It is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A preliminary environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

[[Page 2991]]


0
2. Add Sec.  165.T08-1121 to read as follows:


Sec.  165.T08-1121  Safety Zone; Upper Mississippi River between miles 
109.9 and 185.5; and Illinois River between miles 0 and 128.9; MO and 
IL.

    (a) Location. The following areas are safety zones:
    (1) All waters of the Upper Mississippi River between miles 109.9 
and 185.5, extending the entire width of the river; and
    (2) All waters of the Illinois River between miles 0 and 128.9, 
extending the entire width of the river.
    (b) Definitions. Designated representative means a Coast Guard 
Patrol Commander, including a Coast Guard coxswain, petty officer, or 
other officers operating a Coast Guard vessel and a Federal, State, and 
local officer designated by or assisting the Captain of the Port (COTP) 
Upper Mississippi River in the enforcement of the safety zones.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zones described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through Coast Guard Sector 
Upper Mississippi River at 314-269-2332. Those in the safety zones must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement periods. This rule is effective from 3:00 p.m. on 
December 28, 2015 through 11:59 p.m. on January 22, 2016, or until 
waters recede and conditions allow for safe navigation, whichever 
occurs first.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcasts notice to 
mariners of the enforcement period for the emergency safety zones as 
well as any changes in the dates and times of enforcement.

    Dated: December 28, 2015.
R.S. Rhodes,
Commander, U.S. Coast Guard, Alternate Captain of the Port Upper 
Mississippi River.
[FR Doc. 2016-01017 Filed 1-19-16; 8:45 am]
BILLING CODE 9110-04-P