Safety Zone; Upper Mississippi River and Illinois River, MO and IL, 2989-2991 [2016-01017]
Download as PDF
<![CDATA[
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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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 https://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
