Safety Zone; Illinois River, Miles 0 to 187, Grafton, IL to Peoria, IL, 20547-20549 [2019-09656]
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Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Rules and Regulations
If
you have questions about this notice of
enforcement, call or email MST2
Blackledge, Waterways Management,
Coast Guard Sector Sault Sainte Marie,
U.S. Coast Guard; telephone (906) 253–
2443, email Onnalee.A.Blackledge@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the Mackinaw Area
Visitors Bureau Friday Night Fireworks
safety zones listed as item (1) in Table
165.918 of 33 CFR 165.918 from 9 p.m.
through 11:19 p.m. every Friday, or
Saturday in case of inclement weather,
from May 17, 2019 through August 30,
2019.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Sault Sainte Marie or a designated
on-scene representative. Those seeking
permission to enter the safety zone may
request permission from the Captain of
Sault Sainte Marie via channel 16,
VHF–FM. Vessels and persons granted
permission to enter the safety zone shall
obey the directions of the Captain of the
Port Sault Sainte Marie or his
designated representative. While within
a safety zone, all vessels shall operate at
the minimum speed necessary to
maintain a safe course.
This notice of enforcement is issued
under authority of 33 CFR 165.918,
Safety Zones; Recurring safety zones in
Captain of the Port Sault Sainte Marie
zone, and 5 U.S.C. 552(a). In addition to
this publication in the Federal Register,
the Coast Guard will provide the
maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Sault Sainte Marie
determines that the safety zone need not
be enforced for the full duration stated
in this notice he or she may use a
Broadcast Notice to Mariners to grant
general permission to enter the
respective safety zone.
SUPPLEMENTARY INFORMATION:
Dated: April 3, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
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[FR Doc. 2019–09647 Filed 5–9–19; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0171]
RIN 1625–AA00
Safety Zone; Illinois River, Miles 0 to
187, Grafton, IL to Peoria, IL
AGENCY:
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Illinois River
from mile marker (MM) 0 to MM 187
between Grafton, IL and Peoria, IL. This
action is necessary to provide for the
safety of persons, vessels, and the
marine environment on these navigable
waters as a result of increasing flood
conditions on the river that threaten to
overtop levees. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Upper
Mississippi River (COTP) or a
designated representative.
SUMMARY:
This rule is effective without
actual notice from May 10, 2019 through
June 6, 2019. For the purposes of
enforcement, actual notice will be used
from May 6, 2019, through May 10,
2019.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0171 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email Lieutenant Commander Christian
Barger, Sector Upper Mississippi River
Waterways Management Division, U.S.
Coast Guard; telephone 314–269–2560,
email Christian.J.Barger@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
USACE United States Army Corps of
Engineers
U.S.C. United States Code
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Fmt 4700
Sfmt 4700
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 it is
impracticable. It is impracticable
because we must establish this safety
zone immediately and lack sufficient
time to provide a reasonable comment
period and then consider those
comments before issuing this rule. The
NPRM process would delay the
establishment of the safety zone and
compromise public safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with floodwaters threatening
to overtop levees along the river.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The COTP
has determined that potential hazards
associated with flood waters threaten to
overtop levees along the river due to
reports that vessel traffic in the affected
area is causing water to overtop levees
resulting in increased damage to the
levees and flooding impacts to local
communities and residential areas. This
rule is necessary to ensure the safety of
persons, vessels, and the marine
environment on these navigable waters
due to the flood impacts to USACE
levees.
IV. Discussion of the Rule
SUPPLEMENTARY INFORMATION:
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20547
On May 5, 2019, Coast Guard Sector
Upper Mississippi River received
multiple reports from the Illinois State
Emergency Operations Center and
private citizens located along the
Illinois River between mile marker
(MM) 0 at Grafton, IL and MM 187 at
Peoria, IL of water surge impacts from
vessel traffic on the Illinois River
overtopping levees resulting in damage
to the levees and increased flooding.
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10MYR1
20548
Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Rules and Regulations
The COTP has determined that the
sudden increase in flood waters
approaching the tops of levees along the
Illinois River poses a hazard to the
safety of persons, vessels, and the
marine environment as a result of
floodwaters overtopping the levees. This
rule establishes a temporary safety zone
from May 6, 2019 until June 6, 2019, or
until cancelled by the COTP, whichever
occurs first. The safety zone will cover
all navigable waters of the Illinois River
from MM 0 to MM 187, unless reduced
in scope by the COTP as flood
conditions warrant.
No vessel or person will be permitted
to enter the safety zone without
obtaining permission from the COTP or
a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
USCG Sector Upper Mississippi River.
To seek permission to enter, contact the
COTP or a designated representative via
VHF–FM channel 16, or through USCG
Sector Upper Mississippi River at 314–
269–2332. Persons and vessels
permitted to enter the safety zone must
comply with all lawful orders or
directions issued by the COTP or
designated representative. The COTP or
a designated representative will inform
the public of the effective period for the
safety zone as well as any changes in the
dates and times of enforcement, as well
as reductions in size of the safety zone
as flood conditions improve, through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
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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 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
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Jkt 247001
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the emergency nature of the
action. Moreover, the Coast Guard will
issue a BNM via VHF–FM marine
channel 16 about the zone, and the rule
allows vessels to seek permission to
enter the zone on a case-by-case basis to
minimize the impacts of this rule.
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
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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
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
Directive 023–01 and Commandant
Instruction M16475.1D, 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
temporary safety zone prohibiting entry
on a one hundred eighty one mile
stretch of the Illinois River that is
experiencing significant flooding that is
impacting levees. It is categorically
excluded from further review under
E:\FR\FM\10MYR1.SGM
10MYR1
Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Rules and Regulations
paragraph L60(d) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. Because this regulation
is for a temporary safety zone
established to deal with an emergency,
and which is longer than one week in
duration, a Record of Environmental
Consideration is not required at this
time, but will be made available in the
Docket after the issuance of 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:
Coast Guard (USCG) assigned to units
under the operational control of USCG
Sector Upper Mississippi River.
(2) To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through USCG Sector Upper
Mississippi River at 314–269–2332.
Persons and vessels permitted to enter
the safety zone must comply with all
lawful orders or directions issued by the
COTP or designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement, as well as reductions in
size of the safety zone as flood
conditions improve, through Local
Notice to Mariners (LNMs), Broadcast
Notices to Mariners (BNMs), and/or
Marine Safety Information Bulletins
(MSIBs) as appropriate.
Dated: May 6, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2019–09656 Filed 5–9–19; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
40 CFR Part 271
2. Add § 165.T08–0171 to read as
follows:
Florida: Final Authorization of State
Hazardous Waste Management
Program Revisions
■
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§ 165.T08–0171 Safety Zone; Illinois River,
Miles 0–187, Grafton, IL to Peoria, IL.
(a) Location. The following area is a
safety zone: all navigable waters of the
Illinois River from mile marker (MM) 0
to MM 187, unless reduced in scope by
the Captain of the Port Sector Upper
Mississippi River (COTP) as flood
conditions warrant.
(b) Effective period. This rule is
effective without actual notice from May
10, 2019 until June 6, 2019, or until
cancelled by the COTP, whichever
occurs first. For the purposes of
enforcement, actual notice will be
provided from 5 p.m. on May 6, 2019,
until May 10, 2019.
(c) Regulations. (1) In accordance with
the general safety zone regulations in
§ 165.23, entry of persons or vessels into
this safety zone described in paragraph
(a) of this section is prohibited unless
authorized by the COTP or a designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
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[EPA–R04–RCRA–2019–0768; FRL–9993–
42–Region 4]
Environmental Protection
Agency (EPA).
ACTION: Final authorization.
AGENCY:
The Environmental Protection
Agency (EPA) is granting Florida final
authorization for changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The Agency published a
Proposed rule on February 22, 2019, and
provided for public comment. The
Agency received two comments in
support of authorizing the Florida
program changes. These comments can
be reviewed in the docket for this action
under Docket ID No. EPA–R04–RCRA–
2019–0768. No further opportunity for
comment will be provided.
DATES: This final authorization is
effective May 10, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R04–RCRA–2019–0768. All
documents in the docket are listed on
SUMMARY:
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20549
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Leah Davis, Materials and Waste
Management Branch, RCR Division, U.S.
Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960;
telephone number: (404) 562–8562; fax
number: (404) 562–9964; email address:
davis.leah@epa.gov.
SUPPLEMENTARY INFORMATION:
A. What changes to Florida’s hazardous
waste program is EPA authorizing with
this action?
Florida submitted a complete program
revision application, dated August 31,
2018, seeking authorization of changes
to its hazardous waste program in
accordance with 40 CFR 271.21. EPA
now makes a final decision that
Florida’s hazardous waste program
revisions that are being authorized are
equivalent to, consistent with, and no
less stringent than the Federal program,
and therefore satisfy all of the
requirements necessary to qualify for
final authorization. For a list of State
rules being authorized with this Final
Authorization, please see the Proposed
rule published in the February 22, 2019,
Federal Register at 84 FR 5650.
B. What is codification and is EPA
codifying Florida’s hazardous waste
program as authorized in this rule?
Codification is the process of placing
citations and references to the State’s
statutes and regulations that comprise
the State’s authorized hazardous waste
program into the Code of Federal
Regulations. EPA does this by adding
those citations and references to the
authorized State rules in 40 CFR part
272. EPA is not codifying the
authorization of Florida’s revisions at
this time. However, EPA reserves the
ability to amend 40 CFR part 272,
subpart K, for the authorization of
Florida’s program changes at a later
date.
C. Statutory and Executive Order
Reviews
This final authorization revises
Florida’s authorized hazardous waste
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10MYR1
]]>Agencies
[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Rules and Regulations]
[Pages 20547-20549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09656]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0171]
RIN 1625-AA00
Safety Zone; Illinois River, Miles 0 to 187, Grafton, IL to
Peoria, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Illinois River from mile marker (MM) 0 to MM
187 between Grafton, IL and Peoria, IL. This action is necessary to
provide for the safety of persons, vessels, and the marine environment
on these navigable waters as a result of increasing flood conditions on
the river that threaten to overtop levees. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Sector Upper Mississippi River (COTP) or a
designated representative.
DATES: This rule is effective without actual notice from May 10, 2019
through June 6, 2019. For the purposes of enforcement, actual notice
will be used from May 6, 2019, through May 10, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0171 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 Lieutenant Commander Christian Barger, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone 314-269-2560, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
USACE United States Army Corps of Engineers
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 it is impracticable. It is
impracticable because we must establish this safety zone immediately
and lack sufficient time to provide a reasonable comment period and
then consider those comments before issuing this rule. The NPRM process
would delay the establishment of the safety zone and compromise public
safety.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to public interest because immediate action is necessary to
respond to the potential safety hazards associated with floodwaters
threatening to overtop levees along the river.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with flood waters threaten to overtop
levees along the river due to reports that vessel traffic in the
affected area is causing water to overtop levees resulting in increased
damage to the levees and flooding impacts to local communities and
residential areas. This rule is necessary to ensure the safety of
persons, vessels, and the marine environment on these navigable waters
due to the flood impacts to USACE levees.
IV. Discussion of the Rule
On May 5, 2019, Coast Guard Sector Upper Mississippi River received
multiple reports from the Illinois State Emergency Operations Center
and private citizens located along the Illinois River between mile
marker (MM) 0 at Grafton, IL and MM 187 at Peoria, IL of water surge
impacts from vessel traffic on the Illinois River overtopping levees
resulting in damage to the levees and increased flooding.
[[Page 20548]]
The COTP has determined that the sudden increase in flood waters
approaching the tops of levees along the Illinois River poses a hazard
to the safety of persons, vessels, and the marine environment as a
result of floodwaters overtopping the levees. This rule establishes a
temporary safety zone from May 6, 2019 until June 6, 2019, or until
cancelled by the COTP, whichever occurs first. The safety zone will
cover all navigable waters of the Illinois River from MM 0 to MM 187,
unless reduced in scope by the COTP as flood conditions warrant.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard (USCG) assigned to units under
the operational control of USCG Sector Upper Mississippi River. To seek
permission to enter, contact the COTP or a designated representative
via VHF-FM channel 16, or through USCG Sector Upper Mississippi River
at 314-269-2332. Persons and vessels permitted to enter the safety zone
must comply with all lawful orders or directions issued by the COTP or
designated representative. The COTP or a designated representative will
inform the public of the effective period for the safety zone as well
as any changes in the dates and times of enforcement, as well as
reductions in size of the safety zone as flood conditions improve,
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners
(BNMs), and/or Marine Safety Information Bulletins (MSIBs), as
appropriate.
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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the emergency
nature of the action. Moreover, the Coast Guard will issue a BNM via
VHF-FM marine channel 16 about the zone, and the rule allows vessels to
seek permission to enter the zone on a case-by-case basis to minimize
the impacts of this rule.
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 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
Directive 023-01 and Commandant Instruction M16475.1D, 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 temporary safety zone prohibiting entry on a one hundred eighty one
mile stretch of the Illinois River that is experiencing significant
flooding that is impacting levees. It is categorically excluded from
further review under
[[Page 20549]]
paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. Because this regulation is for a temporary safety
zone established to deal with an emergency, and which is longer than
one week in duration, a Record of Environmental Consideration is not
required at this time, but will be made available in the Docket after
the issuance of 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: 46 U.S.C. 70034, 70051; 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.T08-0171 to read as follows:
Sec. 165.T08-0171 Safety Zone; Illinois River, Miles 0-187, Grafton,
IL to Peoria, IL.
(a) Location. The following area is a safety zone: all navigable
waters of the Illinois River from mile marker (MM) 0 to MM 187, unless
reduced in scope by the Captain of the Port Sector Upper Mississippi
River (COTP) as flood conditions warrant.
(b) Effective period. This rule is effective without actual notice
from May 10, 2019 until June 6, 2019, or until cancelled by the COTP,
whichever occurs first. For the purposes of enforcement, actual notice
will be provided from 5 p.m. on May 6, 2019, until May 10, 2019.
(c) Regulations. (1) In accordance with the general safety zone
regulations in Sec. 165.23, entry of persons or vessels into this
safety zone described in paragraph (a) of this section is prohibited
unless authorized by the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned to units under the operational
control of USCG Sector Upper Mississippi River.
(2) To seek permission to enter, contact the COTP or a designated
representative via VHF-FM channel 16, or through USCG Sector Upper
Mississippi River at 314-269-2332. Persons and vessels permitted to
enter the safety zone must comply with all lawful orders or directions
issued by the COTP or designated representative.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public of the effective period for the
safety zone as well as any changes in the dates and times of
enforcement, as well as reductions in size of the safety zone as flood
conditions improve, through Local Notice to Mariners (LNMs), Broadcast
Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins
(MSIBs) as appropriate.
Dated: May 6, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019-09656 Filed 5-9-19; 8:45 am]
BILLING CODE 9110-04-P
