Safety Zone; Illinois River Mile Markers 163.3 to 162.7, Peoria, IL, 34085-34087 [2023-11294]
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Federal Register / Vol. 88, No. 102 / Friday, May 26, 2023 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0227]
Safety Zones; Fireworks Displays in
the Fifth Coast Guard District—
Philadelphia, PA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Delaware River, Philadelphia, PA;
Safety Zone for fireworks displays on
three separate periods. The safety zone
will first be enforced from 9:15 p.m.
through 10 p.m. on June 24, 2023, and
again, during those same hours, on June
25, 2023, or on a rain date of June 26,
2023. The third period the safety zone
will be enforced will be from 9 p.m. to
10 p.m. on July 4, 2023, or on a rain date
of July 5, 2023. This is to provide for the
safety of life on navigable waterways
during each of the three separate bargebased fireworks displays. Our regulation
for marine events within the Fifth Coast
Guard District identifies the regulated
area for this event in Philadelphia, PA.
During the enforcement period, no
person or vessel may enter, remain in,
or transit through the regulated area,
and anyone in the vicinity must comply
with directions from the Patrol
Commander or any Official Patrol
displaying a Coast Guard ensign.
DATES: The regulation 33 CFR 165.506
for Philadelphia, PA, will be enforced
for the location identified in entry 10 of
table 1 to paragraph (h)(1) from 9:15
p.m. through 10 p.m. on June 24, 2023,
and for the same hours on June 25,
2023, or on a rain date of June 26, 2023,
and from 9 p.m. to 10 p.m. on July 4,
2023, or on a rain date of July 5, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, you may call or email
Petty Officer Dylan Caikowski, U.S.
Coast Guard, Sector Delaware Bay,
Waterways Management Division,
telephone 215–271–4814, email
SecDelBayWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone in
table 1 to paragraph (h)(1) to 33 CFR
165.506, entry No. 10 for three periods,
for three separate barge-based fireworks
displays. The first two enforcement
periods will be 9:15 p.m. through 10
p.m. on June 24, 2023, and 9:15 p.m.
through 10 p.m. on June 25, 2023, or on
a rain date of June 26, 2023. The third
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SUMMARY:
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enforcement period will be from 9 p.m.
to 10 p.m. on July 4, 2023, or on a rain
date of July 5, 2023. This action is
necessary to ensure safety of life on the
navigable waters of the United States
immediately prior to, during, and
immediately after fireworks displays.
Our regulation for safety zones of
fireworks displays within the Fifth
Coast Guard District, table 1 to
paragraph (h)(1) to 33 CFR 165.506,
entry 10 specifies the location of the
regulated area as all waters of the
Delaware River, adjacent to Penn’s
Landing, Philadelphia, PA, within a
500-yard radius of the fireworks barge
position. The approximate position for
the displays is latitude 39°56′49″ N,
longitude 075°08′11″ W. During the
enforcement period, as reflected in
§ 165.506(d), vessels may not enter,
remain in, or transit through the safety
zone unless authorized by the Captain
of the Port or designated Coast Guard
patrol personnel on-scene.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard will provide notification of
this enforcement period via Local
Notice to Mariners and Broadcast Notice
to Mariners.
Dated: May 22, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Delaware Bay.
[FR Doc. 2023–11316 Filed 5–25–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0229]
RIN 1625–AA00
Safety Zone; Illinois River Mile Markers
163.3 to 162.7, Peoria, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters in the Illinois
Waterway at Mile Marker (MM) 162.7
through 163.3. The safety zone is
needed to protect personnel, vessels,
and the marine environment from all
potential hazards associated with an
aerial drone display. 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:
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34085
This rule is effective from 8:45
p.m. through 10:15 p.m. on June 10,
2023.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0229 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email Lieutenant Commander Richard
Cherkauer, Sector Upper Mississippi
River Waterways Management Division,
U.S. Coast Guard; telephone 314–269–
2560, email Richard.G.Cherkauer@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On February 3, 2023, the Peoria Parks
District notified the Coast Guard that
from 9 to 10 p.m. on June 10, 2023, it
will be conducting an aerial drone
entertainment display launched
landside from Peoria Riverfront Park
and flown over the Illinois River north
of the Illinois River Bridge at MM 162.9.
In response, on April 20, 2023, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Illinois River Mile Markers 163.3 to
162.7, Peoria, IL (88 FR 24375). There
we stated why we issued the NPRM and
invited comments on our proposed
regulatory action related to aerial drone
display. During the comment period
that ended April 30, 2023, we received
no comments.
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 the effective date of
this rule would be impracticable
because the event takes place on June
10, 2023 and immediate action is
needed to protect personnel, vessels,
and the marine environment from all
potential hazards associated with the
aerial drone display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Upper
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Federal Register / Vol. 88, No. 102 / Friday, May 26, 2023 / Rules and Regulations
Mississippi River (COTP) has
determined that potential hazards
associated with the aerial drone event to
be used in this June 10, 2023, display
will be a safety concern for anyone
within a half mile radius of the display.
The purpose of this rule is to ensure
safety of vessels and the navigable
waters in the safety zone before, during,
and after the scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
April 20, 2023. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes a safety zone
from 8:45 to 10:15 p.m. on June 10,
2023. The safety zone will cover all
navigable waters from MM 162.7
through 163.3 in the Illinois River. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 9 to 10 p.m. aerial
drone display. No vessel or person will
be permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
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.
ddrumheller on DSK120RN23PROD with RULES1
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.
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).
This regulatory action determination
is based on safety concerns associated
with an aerial drone display at MM
162.9 and the consequential safety zone
located on the Illinois Waterway from
MM 162.7 through 163.3 near Peoria, IL.
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
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16:06 May 25, 2023
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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 received 00 comments
from the Small Business Administration
on this rulemaking. 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 call or email 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
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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.
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, Rev. 1, associated
implementing instructions, 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
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
zone encompassing the width of the
Illinois River from MM 162.7 through
163.3. It is categorically excluded from
further review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
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Federal Register / Vol. 88, No. 102 / Friday, May 26, 2023 / Rules and Regulations
Dated: May 20, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Upper Mississippi River.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
[FR Doc. 2023–11294 Filed 5–25–23; 8:45 am]
BILLING CODE 9110–04–P
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
■
[Docket Number USCG–2023–0390]
Authority: Authority: 46 U.S.C. 70034,
70051, 70124; 33 CFR 1.05–1, 6.04–1, 6.04–
6, and 160.5; Department of Homeland
Security Delegation No. 00170.1, Revision
No. 01.3.
RIN 1625–AA00
Safety Zone; La Quinta and Corpus
Christi Shipping Channel, Ingleside, TX
2. Add § 165.T08–0229 to read as
follows:
AGENCY:
§ 165.T08–0229 Safety Zone; Illinois River
from MM 162.7 through 163.3, Peoria, IL
SUMMARY:
■
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Coast Guard
ACTION:
(a) Location. The following area is a
safety zone: all navigable waters within
the Illinois River from MM 162.7
through 163.3.
(b) Enforcement period. This section
will be subject to enforcement on June
10, 2023, from 8:45 p.m. to 10:15 p.m.
(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.
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 or scope of the safety zone, through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Safety Marine Information
Broadcast (SMIB) as appropriate.
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Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the La Quinta
and Corpus Christi Shipping Channel
between gated pair lights 11 and 12 to
the Sea buoy. The safety zone is needed
to protect personnel, vessels, and the
marine environment from potential
hazards created by the rig CHEVRON
ANCHOR FPU HULL while it is towed
offshore from Kiewit Offshore Services.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector Corpus Christi or a designated
representative.
This rule is effective from 11
p.m. on May 27, 2023 through 11 a.m.
on May 28, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0390 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 Anthony
Garofalo, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email Anthony.M.Garofalo@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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34087
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. We must establish this
safety zone immediately to protect
personnel, vessels, and the marine
environment from potential hazards
created by float-off of a Floating
Production Unit from a heavy-lift vessel
and lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule.
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 the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with towing
the offshore rig through the La Quinta
Channel and Corpus Christi Shipping
Channel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Corpus
Christi (COTP) has determined that
potential hazards associated with floatoff of the rig CHEVRON ANCHOR FPU
HULL while it is towed on May 27, 2023
and May 28, 2023 will be a safety
concern for anyone within the La
Quinta and Corpus Christi Shipping
Channel between gated pair lights 11
and 12 to the Sea buoy. The purpose of
this rule is to ensure safety of vessels
and persons on these navigable waters
in the safety zone while the float-off is
occurring.
IV. Discussion of the Rule
This rule is effective from 11 p.m. on
May 27, 2023 through 11 a.m. on May
28, 2023. The transit will occur at
Kiewit Offshore Services adjacent to the
La Quinta Channel between gated pair
lights 11 and 12 to the Sea buoy. The
safety zone is needed to protect
personnel, vessels, and the marine
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]]>Agencies
[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Rules and Regulations]
[Pages 34085-34087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11294]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0229]
RIN 1625-AA00
Safety Zone; Illinois River Mile Markers 163.3 to 162.7, Peoria,
IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters in the Illinois Waterway at Mile Marker (MM) 162.7
through 163.3. The safety zone is needed to protect personnel, vessels,
and the marine environment from all potential hazards associated with
an aerial drone display. 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 from 8:45 p.m. through 10:15 p.m. on June
10, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0229 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Richard Cherkauer, 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
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On February 3, 2023, the Peoria Parks District notified the Coast
Guard that from 9 to 10 p.m. on June 10, 2023, it will be conducting an
aerial drone entertainment display launched landside from Peoria
Riverfront Park and flown over the Illinois River north of the Illinois
River Bridge at MM 162.9. In response, on April 20, 2023, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Safety
Zone; Illinois River Mile Markers 163.3 to 162.7, Peoria, IL (88 FR
24375). There we stated why we issued the NPRM and invited comments on
our proposed regulatory action related to aerial drone display. During
the comment period that ended April 30, 2023, we received no comments.
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 the effective date of
this rule would be impracticable because the event takes place on June
10, 2023 and immediate action is needed to protect personnel, vessels,
and the marine environment from all potential hazards associated with
the aerial drone display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Upper
[[Page 34086]]
Mississippi River (COTP) has determined that potential hazards
associated with the aerial drone event to be used in this June 10,
2023, display will be a safety concern for anyone within a half mile
radius of the display. The purpose of this rule is to ensure safety of
vessels and the navigable waters in the safety zone before, during, and
after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
20, 2023. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone from 8:45 to 10:15 p.m. on June
10, 2023. The safety zone will cover all navigable waters from MM 162.7
through 163.3 in the Illinois River. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 9 to 10 p.m. aerial drone
display. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
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. 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).
This regulatory action determination is based on safety concerns
associated with an aerial drone display at MM 162.9 and the
consequential safety zone located on the Illinois Waterway from MM
162.7 through 163.3 near Peoria, IL.
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 received 00 comments from the Small Business
Administration on this rulemaking. 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
call or email 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.
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, Rev. 1, associated implementing instructions, 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 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 zone encompassing the width of the Illinois River from MM 162.7
through 163.3. It is categorically excluded from further review under
paragraph L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
[[Page 34087]]
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: Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR
1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T08-0229 to read as follows:
Sec. 165.T08-0229 Safety Zone; Illinois River from MM 162.7 through
163.3, Peoria, IL
(a) Location. The following area is a safety zone: all navigable
waters within the Illinois River from MM 162.7 through 163.3.
(b) Enforcement period. This section will be subject to enforcement
on June 10, 2023, from 8:45 p.m. to 10:15 p.m.
(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 or scope of the safety zone,
through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners
(BNMs), and/or Safety Marine Information Broadcast (SMIB) as
appropriate.
Dated: May 20, 2023.
A.R. Bender,
Captain, U.S. Coast Guard, Captain of the Port, Sector Upper
Mississippi River.
[FR Doc. 2023-11294 Filed 5-25-23; 8:45 am]
BILLING CODE 9110-04-P
