Special Local Regulation; Kaskaskia River MM 10-11, Evansville, IL, 43090-43093 [2019-17875]
Download as PDF
<![CDATA[
43090
Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Proposed Rules
The Proposal
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) part 71 by:
Removing the Class E airspace
designated as an extension to a Class C
surface area at Lafayette Regional
Airport/Paul Fournet Field, Lafayette,
LA, as it is no longer required;
And amending the Class E airspace
extending upward from 700 feet above
the surface to within a 7.5-mile radius
(decreasing from a 7.7-mile radius) of
the Lafayette Regional Airport/Paul
Fournet Field; within a 6.7-mile radius
(decreased from a 6.9-mile radius) of
Acadiana Regional Airport, New Iberia,
LA; updating the names of Lafayette
Regional Airport/Paul Fournet Field
(previously Lafayette Regional Airport),
Abbeville Chris Crusta Memorial
Airport (previously Abbeville Municipal
Airport), and Acadiana Regional Airport
(previously Acadiana Regional) to
coincide with the FAA’s aeronautical
database; and updating the geographic
coordinates of Lafayette Regional
Airport/Paul Fournet Field to coincide
with the FAA’s aeronautical database;
and removing the city associated with
the Acadiana Regional Airport from the
airspace legal description to comply
with a change to FAA Order 7400.2M,
Procedures for Handling Airspace
Matters.
This action is the result of an airspace
review caused by the decommissioning
of the Acadi NDB, which provided
navigation information for the
instrument procedures at Acadiana
Regional Airport and the development
of new instrument procedures at
Lafayette Regional Airport/Paul Fournet
Field.
Class E airspace designations are
published in paragraph 6003 and 6005,
respectively, of FAA Order 7400.11C,
dated August 13, 2018, and effective
September 15, 2018, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
jbell on DSK3GLQ082PROD with PROPOSALS
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
VerDate Sep<11>2014
15:59 Aug 19, 2019
Jkt 247001
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Fournet Field, and within a 6.4-mile radius
of Abbeville Chris Crusta Memorial Airport,
and within a 6.7-mile radius of Acadiana
Regional Airport.
Issued in Fort Worth, Texas, on August 12,
2019.
Johanna Forkner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2019–17791 Filed 8–19–19; 8:45 am]
BILLING CODE 4910–13–P
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting
Points, dated August 13, 2018, and
effective September 15, 2018, is
amended as follows:
■
Paragraph 6003 Class E Airspace Areas
Designated as an Extension to a Class C
Surface Area.
*
*
*
*
*
ASW LA E3 Lafayette, LA [Removed]
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ASW LA E5 Lafayette, LA [Amended]
Lafayette Regional Airport/Paul Fournet
Field, LA
(Lat. 30°12′18″ N, long. 91°59′16″ W)
Abbeville Chris Crusta Memorial Airport, LA
(Lat. 29°58′33″ N, long. 92°05′03″ W)
Acadiana Regional Airport, LA
(Lat. 30°02′16″ N, long. 91°53′02″ W)
That airspace extending upward from 700
feet above the surface within a 7.5-mile
radius of Lafayette Regional Airport/Paul
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2019–0231]
RIN 1625–AA08
Special Local Regulation; Kaskaskia
River MM 10–11, Evansville, IL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is proposing
to establish temporary special local
regulations for certain waters of the
Kaskaskia River. This action is
necessary to provide for the safety of life
near Evansville, IL on the Kaskaskia
River from mile marker 10 to mile
marker 11 during drag boat races on
September 14 and 15, 2019. This
proposed rulemaking would prohibit
persons and vessels from being in the
regulated area unless authorized by the
Captain of the Port Sector Upper
Mississippi River or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 4, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0231 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email Lieutenant
Commander Christian Barger,
Waterways Management Division,
Sector Upper Mississippi River, U.S.
Coast Guard; telephone 314–269–2560,
email Christian.j.barger@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\20AUP1.SGM
20AUP1
Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Proposed Rules
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
U.S.C. United States Code
jbell on DSK3GLQ082PROD with PROPOSALS
II. Background, Purpose, and Legal
Basis
The Kentucky Drag Boat Association
notified the Coast Guard that it would
be conducting drag boat races from 8
a.m. to 6 p.m. on September 14 and 15,
2019. The drag boat races will take place
between Mile Marker (MM) 10 and MM
11 on the Kaskaskia River in Evansville,
IL. The Captain of the Port Sector Upper
Mississippi River (COTP) has
determined that potential hazards
associated with the drag boat races
would be a safety concern for anyone
within a one-mile range of the race
course area.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters before, during, and
after the scheduled event. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70041
(previously 33 U.S.C. 1233).
The Coast Guard is issuing this notice
of proposed rulemaking (NPRM) with a
15-day prior notice and opportunity to
comment pursuant to section (b)(3) of
the Administrative Procedure Act (APA)
(5 U.S.C. 553). This provision authorizes
an agency to publish a rule in less than
30 days before its effective date for
‘‘good cause found and published with
the rule.’’ Under 5 U.S.C. 553(b)(3)(B),
the Coast Guard finds that good cause
exists for publishing this NPRM with a
15-day comment period because it is
impractical to provide a 30-day
comment period. This proposed special
local regulation is necessary to ensure
the safety of vessels and persons during
the marine events. It is impracticable to
publish an NPRM with a 30-day
comment period because we must
establish this regulated area by
September 14, 2019. A 15-day comment
period would allow the Coast Guard to
provide for public notice and comment,
but also update the proposed regulation
soon enough that the length of the
notice and comment period does not
compromise public safety.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
Special Local Regulation on the
Kaskaskia River located near Evansville,
IL from Mile Marker (MM) 10 to MM 11
to all vessel traffic, except for these
vessels involved in the marine event,
VerDate Sep<11>2014
15:59 Aug 19, 2019
Jkt 247001
from 8 a.m. to 6 p.m. on September 14
and 15, 2019. The duration of the
closure is intended to ensure the safety
of vessels and these navigable waters
before, during, and after the scheduled
event. No vessel or person would be
permitted to enter the regulated area
without obtaining permission from the
COTP or a designated representative. A
designated representative may be a
Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The PATCOM may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’ or by calling
(314) 269–2332.
All persons and vessels not registered
with the sponsor as participants or
official patrol vessels are considered
spectators. The ‘‘official patrol vessels’’
consist of any Coast Guard, state, or
local law enforcement and sponsor
provided vessels assigned or approved
by the COTP or a designated
representative to patrol the regulated
area.
Spectator vessels desiring to transit
the regulated area may do so only with
prior approval of the COTP or a
designated representative and when so
directed by that officer will be operated
at a minimum safe navigation speed in
a manner which will not endanger
participants in the regulated area or any
other vessels.
No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel.
Spectator vessels may anchor outside
the regulated area, but may not anchor
in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
43091
time it is deemed necessary for the
protection of life or property.
The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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 size, location and
duration for the special local regulation.
This special local regulation covers only
the one-mile stretch of the Kaskaskia
River near Evansville, IL on which the
drag boat race will take place. The
duration of this event is only two days,
encompassing 10 hours each day.
Moreover, the Coast Guard will publish
details of this event via the Local Notice
to Mariners (LNMs), Broadcast Notice to
Mariners (BNM), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
E:\FR\FM\20AUP1.SGM
20AUP1
43092
Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Proposed Rules
While some owners or operators of
vessels intending to transit the
temporary regulated area may be small
entities, for the reasons stated in section
IV.A above, this proposed rule would
not have a significant economic impact
on any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
jbell on DSK3GLQ082PROD with PROPOSALS
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
VerDate Sep<11>2014
18:11 Aug 19, 2019
Jkt 247001
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination 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 proposed rule
involves the establishment of special
local regulation for a 10-hour period
that would prohibit entry into the
regulated area for two days. Normally
such actions are categorically excluded
from further review under paragraph L
60(a) in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures 5090.1. A preliminary
Record of Environmental Consideration
supporting this determination is
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
proposed 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR
1.05–1.
2. Add § 100.T08–0231 to read as
follows:
■
§ 100.T08–0231 Special Local Regulation;
Kaskaskia River MM 10–11, Evansville, IL.
(a) Location. The following area is a
special local regulation: All navigable
waters of the Kaskaskia River between
mile markers (MM) 10 and MM 11 in
Evansville, IL.
(b) Effective period. This section is
effective each day from 8 a.m. through
6 p.m. on September 14 and 15, 2019.
(c) Regulations. (1) In accordance with
the general regulations in § 100.35, entry
into this regulated area is prohibited
unless authorized by the Captain of the
Port Sector Upper Mississippi River
E:\FR\FM\20AUP1.SGM
20AUP1
jbell on DSK3GLQ082PROD with PROPOSALS
Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Proposed Rules
(COTP) or a designated representative.
A designated representative may be a
Patrol Commander (PATCOM). The
PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The PATCOM may be contacted on
Channel 16 VHF–FM (156.8 MHz) by
the call sign ‘‘PATCOM’’ or by calling
(314) 269–2332.
(2) All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP or a
designated representative to patrol the
regulated area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the COTP or a
designated representative and when so
directed by that officer will be operated
at a minimum safe navigation speed in
a manner which will not endanger
participants in the regulated area or any
other vessels.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of participants or official patrol
vessels in the regulated area during the
effective dates and times, unless cleared
for entry by or through an official patrol
vessel.
(5) Spectator vessels may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the event. Such mooring must be
complete at least 30 minutes prior to the
establishment of the regulated area and
remain moored through the duration of
the event.
(6) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
area, citation for failure to comply, or
both.
(7) The COTP or a designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property.
(8) The COTP or a designated
representative will terminate
enforcement of the special local
regulations at the conclusion of the
event.
(d) Information broadcasts. The COTP
or a designated representative will
VerDate Sep<11>2014
15:59 Aug 19, 2019
Jkt 247001
inform the public of the enforcement
times and date for this regulated area
through Local Notice to Mariners
(LNMs), Broadcast Notice to Mariners
(BNM), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: August 14, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2019–17875 Filed 8–19–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2019–0545]
RIN 1625–AA09
Drawbridge Operation Regulation;
Niantic River, Niantic, CT
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is proposing
to modify the operating schedule that
governs the S156 Bridge across the
Niantic River, mile 0.1 at Niantic, CT.
The bridge owner, the Connecticut
Department of Transportation,
submitted a request to allow six hours’
notice for night time transits during the
months of November and April due to
infrequent bridge openings. This
proposed rule would align the
regulations for the S156 Bridge with
other Connecticut Department of
Transportation bridges.
DATES: Comments and related material
must reach the Coast Guard on or before
October 21, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0545 using the Federal
eRulemaking Portal at https://
www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or email Mr. Jeffrey Stieb, First
Coast Guard District Bridge
Management Specialist; telephone 617–
223–8364, email Jeffrey.D.Stieb@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
43093
I. Table of Abbreviations
CFR Code of Federal Regulations
CT DOT Connecticut Department of
Transportation
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The S156 Bridge at mile 0.1 over the
Niantic River at Niantic, Connecticut,
has a vertical clearance of 9 feet at mean
high water and 12 feet at mean low
water. Vertical clearance is unlimited
when the draw is open. Horizontal
clearance is approximately 65 feet.
Waterway users include recreational
and small commercial vessels.
The existing regulation, 33 CFR
117.215(b), requires that from December
1 through March 31, from 8 p.m. to 4
a.m. the draw shall open on signal if at
least six hours’ notice is given. CT DOT
has requested that the start of the winter
schedule begin one month sooner and
end one month later than presently
allowed by the regulation. This rule
change will align the winter operation
and staffing of the three CT DOT
drawbridges located in the same
operational area by extending the range
of months during which six hours’
notice is required to include November
and April. This rule change will allow
for more efficient and economic
operation of the bridge while meeting
the reasonable needs of navigation.
III. Discussion of Proposed Rule
The bridge logs show that during the
last three years only three requests to
open occurred between 8 p.m. and 4
a.m. in November and no request to
open were received between 8 p.m. and
4 a.m. in April. None of the requests
were from commercial vessels. CT DOT
and the Coast Guard have conducted
outreach to stakeholders with no
objections received. The Coast Guard
proposes to permanently modify the
operating regulation.
The proposed rule would provide
that, from November 1 through April 30,
between the hours of 8:00 p.m. and 4:00
a.m., the draw shall open on signal if at
least six hours’ notice is given. It is our
opinion that the proposed rule meets
reasonable needs of marine traffic.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
E:\FR\FM\20AUP1.SGM
20AUP1
]]>Agencies
[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Proposed Rules]
[Pages 43090-43093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17875]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2019-0231]
RIN 1625-AA08
Special Local Regulation; Kaskaskia River MM 10-11, Evansville,
IL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish temporary special
local regulations for certain waters of the Kaskaskia River. This
action is necessary to provide for the safety of life near Evansville,
IL on the Kaskaskia River from mile marker 10 to mile marker 11 during
drag boat races on September 14 and 15, 2019. This proposed rulemaking
would prohibit persons and vessels from being in the regulated area
unless authorized by the Captain of the Port Sector Upper Mississippi
River or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 4, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0231 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Christian
Barger, Waterways Management Division, Sector Upper Mississippi River,
U.S. Coast Guard; telephone 314-269-2560, email
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 43091]]
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
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Kentucky Drag Boat Association notified the Coast Guard that it
would be conducting drag boat races from 8 a.m. to 6 p.m. on September
14 and 15, 2019. The drag boat races will take place between Mile
Marker (MM) 10 and MM 11 on the Kaskaskia River in Evansville, IL. The
Captain of the Port Sector Upper Mississippi River (COTP) has
determined that potential hazards associated with the drag boat races
would be a safety concern for anyone within a one-mile range of the
race course area.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters before, during, and after the scheduled event.
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70041 (previously 33 U.S.C. 1233).
The Coast Guard is issuing this notice of proposed rulemaking
(NPRM) with a 15-day prior notice and opportunity to comment pursuant
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C.
553). This provision authorizes an agency to publish a rule in less
than 30 days before its effective date for ``good cause found and
published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard
finds that good cause exists for publishing this NPRM with a 15-day
comment period because it is impractical to provide a 30-day comment
period. This proposed special local regulation is necessary to ensure
the safety of vessels and persons during the marine events. It is
impracticable to publish an NPRM with a 30-day comment period because
we must establish this regulated area by September 14, 2019. A 15-day
comment period would allow the Coast Guard to provide for public notice
and comment, but also update the proposed regulation soon enough that
the length of the notice and comment period does not compromise public
safety.
III. Discussion of Proposed Rule
The COTP is proposing to establish a Special Local Regulation on
the Kaskaskia River located near Evansville, IL from Mile Marker (MM)
10 to MM 11 to all vessel traffic, except for these vessels involved in
the marine event, from 8 a.m. to 6 p.m. on September 14 and 15, 2019.
The duration of the closure is intended to ensure the safety of vessels
and these navigable waters before, during, and after the scheduled
event. No vessel or person would be permitted to enter the regulated
area without obtaining permission from the COTP or a designated
representative. A designated representative may be a Patrol Commander
(PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM
(156.8 MHz) by the call sign ``PATCOM'' or by calling (314) 269-2332.
All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP or a designated representative to patrol the regulated area.
Spectator vessels desiring to transit the regulated area may do so
only with prior approval of the COTP or a designated representative and
when so directed by that officer will be operated at a minimum safe
navigation speed in a manner which will not endanger participants in
the regulated area or any other vessels.
No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
Spectator vessels may anchor outside the regulated area, but may
not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
The COTP or a designated representative may forbid and control the
movement of all vessels in the regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall come to an immediate stop
and comply with the directions given. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both.
The COTP or a designated representative may terminate the event or
the operation of any vessel at any time it is deemed necessary for the
protection of life or property.
The COTP or a designated representative will terminate enforcement
of the special local regulations at the conclusion of the event.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 size, location
and duration for the special local regulation. This special local
regulation covers only the one-mile stretch of the Kaskaskia River near
Evansville, IL on which the drag boat race will take place. The
duration of this event is only two days, encompassing 10 hours each
day. Moreover, the Coast Guard will publish details of this event via
the Local Notice to Mariners (LNMs), Broadcast Notice to Mariners
(BNM), and/or Marine Safety Information Bulletins (MSIBs) as
appropriate.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
[[Page 43092]]
While some owners or operators of vessels intending to transit the
temporary regulated area may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves the
establishment of special local regulation for a 10-hour period that
would prohibit entry into the regulated area for two days. Normally
such actions are categorically excluded from further review under
paragraph L 60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures 5090.1. A preliminary Record of
Environmental Consideration supporting this determination is 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 proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T08-0231 to read as follows:
Sec. 100.T08-0231 Special Local Regulation; Kaskaskia River MM 10-
11, Evansville, IL.
(a) Location. The following area is a special local regulation: All
navigable waters of the Kaskaskia River between mile markers (MM) 10
and MM 11 in Evansville, IL.
(b) Effective period. This section is effective each day from 8
a.m. through 6 p.m. on September 14 and 15, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35, entry into this regulated area is prohibited unless
authorized by the Captain of the Port Sector Upper Mississippi River
[[Page 43093]]
(COTP) or a designated representative. A designated representative may
be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast
Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM'' or by calling
(314) 269-2332.
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP or a designated representative to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the COTP or a designated representative
and when so directed by that officer will be operated at a minimum safe
navigation speed in a manner which will not endanger participants in
the regulated area or any other vessels.
(4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
(5) Spectator vessels may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
(6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the area, citation for failure to comply,
or both.
(7) The COTP or a designated representative may terminate the event
or the operation of any vessel at any time it is deemed necessary for
the protection of life or property.
(8) The COTP or a designated representative will terminate
enforcement of the special local regulations at the conclusion of the
event.
(d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
regulated area through Local Notice to Mariners (LNMs), Broadcast
Notice to Mariners (BNM), and/or Marine Safety Information Bulletins
(MSIBs) as appropriate.
Dated: August 14, 2019.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2019-17875 Filed 8-19-19; 8:45 am]
BILLING CODE 9110-04-P
