Safety Zone; Illinois River Mile 69.3 to 69.8; Meredosia, IL, 48333-48335 [2016-17240]
Download as PDF
Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations
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:
as a Federal, State, and local officer
designated by or assisting the Captain of
the Port, Delaware Bay in the
enforcement of the security zone.
(c) Regulations. (1) Under the general
security zone regulations in subpart D of
this part, no person or vessel may enter
the security zone 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 on VHF–FM channel 16.
Those in the security zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement period: This rule is
effective from 11:00 a.m. on July 25,
2016, to 1:00 a.m. on July 29, 2016.
Dated: July 19, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2016–17440 Filed 7–22–16; 8:45 am]
BILLING CODE 9110–04–P
■
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.
2. Add § 165.T05–0363 to read as
follows:
■
asabaliauskas on DSK3SPTVN1PROD with RULES
(a) Location. The following areas are
security zones:
(1) The first security zone includes all
the waters of the Delaware River from
the New Jersey shore line, to the
Pennsylvania shore line, beginning at
the est end of Little Tinicum Island
extending in a Northeasterly direction
and ending at the mouth of the
Schuylkill River;
(2) The second security zone includes
all the waters of the Schuylkill River
inside a boundary described as 500
yards south of the I–95 Bridge and
ending 500 yards north of the George C.
Platt Memorial Bridge.
(3) The third security zone includes
all waters of Darby Creek inside a
boundary described as originating 500
yards south of the Conrail Railroad
Bridge and ending 100 yards north of
the I–95 Bridge.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel; as well
17:30 Jul 22, 2016
Jkt 238001
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0678]
§ 165.T05–0363 Security Zone; Delaware
River, and Schuylkill River; Philadelphia,
PA.
VerDate Sep<11>2014
DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AA00
Safety Zone; Illinois River Mile 69.3 to
69.8; Meredosia, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Illinois River from
mile 69.3 to mile 69.8. This safety zone
is needed to protect persons, property
and infrastructure from potential
damage and safety hazards associated
with work being performed on new
power lines across the river. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port,
Upper Mississippi River (COTP).
Deviation from the safety zone may be
requested and will be considered on a
case-by-case basis as specifically
authorized by the COTP or a designated
representative.
DATES: This rule is effective from July
25, 2016 through August 16, 2016. This
rule will be enforced from 7 a.m. until
7 p.m. daily beginning on July 25, 2016
through August 16, 2016.
SUMMARY:
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48333
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0678 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
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
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 finds good
cause 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
NPRM with respect to this rule because
Ameren, the company performing the
power line operations, notified the
Coast Guard on July 8, 2016 of the dates
for these operations, requiring
helicopters to stretch power lines across
the river. This notice did not allow for
the full NPRM process to be completed.
Due to the risks associated with power
line work crossing the navigational
channel, a safety zone is needed to
protect persons and property on the
waterway. It would be impracticable to
publish a NPRM because the safety zone
must be established beginning July 25,
2016. Broadcast Notice to Mariners and
information sharing with waterway
users will update mariners of the safety
zone and enforcement times during the
operations.
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
impracticable because immediate action
is needed to protect persons and
E:\FR\FM\25JYR1.SGM
25JYR1
48334
Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations
property from the hazards associated
with power line work crossing the
navigable channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP has determined that potential
hazards associated with using
helicopters to stretch power lines across
the navigational channel presents safety
concerns for anyone within this limited
area of the waterway. This rule provides
additional safety measures, to protect
persons and vessels, in the form of a
safety zone from mile 69.3 to mile 69.8
on the Illinois River to protect those in
the area and for the Coast Guard to
maintain navigational safety.
IV. Discussion of Comments, Changes,
and the Rule
The Coast Guard is establishing a
temporary safety zone prohibiting
access to the Illinois River from mile
69.3 to mile 69.8, extending the entire
width of the river from 7 a.m. until 7
p.m. daily, beginning on July 25, 2016
and scheduled to end on August 16,
2016, or until conditions allow for safe
navigation, whichever occurs earlier.
Deviation from the safety zone may be
requested and will be considered on a
case-by-case basis as specifically
authorized by the COTP or a designated
representative. The COTP may be
contacted by telephone at 314–269–
2332 or can be reached by VHF–FM
channel 16.
asabaliauskas on DSK3SPTVN1PROD with RULES
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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.
Executive Order 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 Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
This regulatory action determination
is based on the limited location,
enforcement periods and impacts on
VerDate Sep<11>2014
17:30 Jul 22, 2016
Jkt 238001
navigation. This rule establishes a
temporary safety zone limiting access to
a one-half mile area on the Illinois River
from mile 69.3 to mile 69.8, for 12 hours
each day for approximately 3 weeks.
The impacts on navigation will be
limited to ensure the safety of mariners
and vessels during the period that
helicopters will be pulling power lines
across the navigational channel.
Notifications of enforcement times will
be communicated to the marine
community via Broadcast Notice to
Mariners. Deviation requests will be
reviewed and considered on a case-bycase basis.
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
zone may be small entities, for the
reasons stated in section V.A. above,
this rule will not have a 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
PO 00000
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Fmt 4700
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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 Executive Order 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 Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 safety
E:\FR\FM\25JYR1.SGM
25JYR1
Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations
zone on the Illinois River from mile 69.3
to mile 69.8. It is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An 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.
(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 zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement period. This rule will
be enforced from 7 a.m. until 7 p.m.
daily beginning on July 25, 2016
through August 16, 2016.
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.
Dated: July 18, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
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.
2. Add § 165.T08–0678 to read as
follows:
■
asabaliauskas on DSK3SPTVN1PROD with RULES
§ 165.T08–0678 Safety Zone; Illinois River
69.3 to 69.8; Meredosia, IL.
(a) Location. The following area is a
safety zone: All waters of the Illinois
River mile 69.3 to 69.8, extending the
entire width of the river.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Upper Mississippi River
(COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
VerDate Sep<11>2014
17:30 Jul 22, 2016
Jkt 238001
[FR Doc. 2016–17240 Filed 7–22–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2016–OSERS–0005; CFDA
Number: 84.160C.]
Final Priority—Training of Interpreters
for Individuals Who Are Deaf or Hard
of Hearing and Individuals Who Are
Deaf-Blind Program
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services announces a final priority
under the Training of Interpreters for
Individuals Who Are Deaf or Hard of
Hearing and Individuals Who Are DeafBlind program. The Assistant Secretary
may use this priority for competitions in
fiscal year 2016 and later years. We take
this action to provide training and
technical assistance to better prepare
novice interpreters to become highly
qualified nationally certified sign
language interpreters.
DATES: This priority is effective August
24, 2016.
FOR FURTHER INFORMATION CONTACT:
Kristen Rhinehart-Fernandez, U.S.
Department of Education, 400 Maryland
Avenue SW., Room 5062, Potomac
Center Plaza (PCP), Washington, DC
20202–2800. Telephone: (202) 245–6103
or by email: Kristen.Rhinehart@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Purpose of Program: Under the
Rehabilitation Act of 1973
SUMMARY:
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48335
(Rehabilitation Act), as amended by the
Workforce Innovation and Opportunity
Act (WIOA), the Rehabilitation Services
Administration (RSA) makes grants to
public and private nonprofit agencies
and organizations, including
institutions of higher education, to
establish interpreter training programs
or to provide financial assistance for
ongoing interpreter training programs to
train a sufficient number of qualified
interpreters throughout the country. The
grants are designed to train interpreters
to effectively interpret and transliterate
using spoken, visual, and tactile modes
of communication; ensure the
maintenance of the interpreting skills of
qualified interpreters; and provide
opportunities for interpreters to improve
their skills in order to meet both the
highest standards approved by
certifying associations and the
communication needs of individuals
who are deaf or hard of hearing and
individuals who are deaf-blind.
Program Authority: 29 U.S.C. 772(f).
Applicable Program Regulations: 34
CFR part 396.
We published a notice of proposed
priority (NPP) for this competition in
the Federal Register on April 7, 2016
(81 FR 20268). That notice contained
background information and our reasons
for proposing the particular priority.
Public Comment: In response to our
invitation in the NPP, 26 parties
submitted comments on the proposed
priority. Generally, we do not address
technical and other minor changes, or
suggested changes the law does not
authorize us to make under the
applicable statutory authority. In
addition, we do not address general
comments that raised concerns not
directly related to the proposed priority.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes in the priority since publication
of the NPP follows.
State-Level Certification or Licensure
Comment: A few commenters
suggested broadening the proposed
outcomes for the Experiential Learning
Model Demonstration Center (Center)
beyond national certification to include
State-level certification or licensure.
These commenters noted that, in some
States, the State certification system is
used to prepare interpreters for
advancement to national-level
certification. Other States use the
Educational Interpreter Performance
Assessment (EIPA) and the Board for
Evaluation of Interpreters (BEI) for
certification or licensure to offer
interpreting services within the State.
Finally, one commenter stated that
acknowledging the variability in State-
E:\FR\FM\25JYR1.SGM
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Agencies
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48333-48335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17240]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0678]
RIN 1625-AA00
Safety Zone; Illinois River Mile 69.3 to 69.8; Meredosia, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Illinois River from mile 69.3 to mile 69.8. This
safety zone is needed to protect persons, property and infrastructure
from potential damage and safety hazards associated with work being
performed on new power lines across the river. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Upper Mississippi River (COTP). Deviation from
the safety zone may be requested and will be considered on a case-by-
case basis as specifically authorized by the COTP or a designated
representative.
DATES: This rule is effective from July 25, 2016 through August 16,
2016. This rule will be enforced from 7 a.m. until 7 p.m. daily
beginning on July 25, 2016 through August 16, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0678 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
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
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 finds good cause 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 NPRM with respect to this rule
because Ameren, the company performing the power line operations,
notified the Coast Guard on July 8, 2016 of the dates for these
operations, requiring helicopters to stretch power lines across the
river. This notice did not allow for the full NPRM process to be
completed. Due to the risks associated with power line work crossing
the navigational channel, a safety zone is needed to protect persons
and property on the waterway. It would be impracticable to publish a
NPRM because the safety zone must be established beginning July 25,
2016. Broadcast Notice to Mariners and information sharing with
waterway users will update mariners of the safety zone and enforcement
times during the operations.
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 impracticable because immediate action is needed to
protect persons and
[[Page 48334]]
property from the hazards associated with power line work crossing the
navigable channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with
using helicopters to stretch power lines across the navigational
channel presents safety concerns for anyone within this limited area of
the waterway. This rule provides additional safety measures, to protect
persons and vessels, in the form of a safety zone from mile 69.3 to
mile 69.8 on the Illinois River to protect those in the area and for
the Coast Guard to maintain navigational safety.
IV. Discussion of Comments, Changes, and the Rule
The Coast Guard is establishing a temporary safety zone prohibiting
access to the Illinois River from mile 69.3 to mile 69.8, extending the
entire width of the river from 7 a.m. until 7 p.m. daily, beginning on
July 25, 2016 and scheduled to end on August 16, 2016, or until
conditions allow for safe navigation, whichever occurs earlier.
Deviation from the safety zone may be requested and will be considered
on a case-by-case basis as specifically authorized by the COTP or a
designated representative. 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 related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 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 Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the limited
location, enforcement periods and impacts on navigation. This rule
establishes a temporary safety zone limiting access to a one-half mile
area on the Illinois River from mile 69.3 to mile 69.8, for 12 hours
each day for approximately 3 weeks. The impacts on navigation will be
limited to ensure the safety of mariners and vessels during the period
that helicopters will be pulling power lines across the navigational
channel. Notifications of enforcement times will be communicated to the
marine community via Broadcast Notice to Mariners. Deviation requests
will be reviewed and considered on a case-by-case basis.
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 zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a 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 Executive Order 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 Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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 safety
[[Page 48335]]
zone on the Illinois River from mile 69.3 to mile 69.8. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An 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.
0
2. Add Sec. 165.T08-0678 to read as follows:
Sec. 165.T08-0678 Safety Zone; Illinois River 69.3 to 69.8;
Meredosia, IL.
(a) Location. The following area is a safety zone: All waters of
the Illinois River mile 69.3 to 69.8, extending the entire width of the
river.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Upper Mississippi River (COTP) in the enforcement
of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone 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 zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period. This rule will be enforced from 7 a.m.
until 7 p.m. daily beginning on July 25, 2016 through August 16, 2016.
Dated: July 18, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2016-17240 Filed 7-22-16; 8:45 am]
BILLING CODE 9110-04-P