Safety Zone, Illinois River MM 165.5 Peoria, IL, 58500-58502 [2023-18555]

Download as PDF 58500 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations vaccines-blood-biologics/guidancecompliance-regulatory-informationbiologics/biologics-guidances, https:// www.fda.gov/regulatory-information/ search-fda-guidance-documents, or https://www.regulations.gov. Dated: August 22, 2023. Lauren K. Roth, Associate Commissioner for Policy. BILLING CODE 4164–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [USCG–USCG–2023–0043] RIN 1625–AA00 Safety Zone, Illinois River MM 165.5 Peoria, IL Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for all navigable waters within a half mile radius of a crane boom located in the Illinois River at Mile Marker (MM) 165.5. The safety zone is needed to protect personnel, vessels, and the marine environment from all potential hazards associated with a crane boom blocking the navigable channel and the salvage operation for its removal. 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 August 28, 2023, through August 29, 2023. For the purposes of enforcement, actual notice will be used from August 23, 2023, until August 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– 0043 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 MSTC Nathaniel Dibley, Sector Upper Mississippi River Waterways Management Division, U.S. Coast Guard; telephone 314–269–2560, email Nathaniel.D.Dibley@uscg.mil. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with RULES1 VerDate Sep<11>2014 17:47 Aug 25, 2023 Jkt 259001 IV. Discussion of the Rule 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 The salvaging of the crane boom will occur at MM 165.5 beginning August 23, 2023. The safety zone is designed to protect waterway users until work is complete. 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 the size of the safety zone through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Safety Marine Information Broadcast (SMIB), as appropriate. II. Background Information and Regulatory History [FR Doc. 2023–18359 Filed 8–25–23; 8:45 am] SUMMARY: I. Table of Abbreviations 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 a temporary safety zone must be established immediately to protect personnel, vessels, and the marine environment from potential hazards created by a crane boom protruding into the navigable channel and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. It is impracticable to publish an NPRM because we must establish this safety zone by August 23, 2023. 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 immediate action is needed to respond to the potential safety hazards associated with a crane boom blocking the navigable 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 Upper Mississippi River (COTP) has determined that potential hazards associated with a crane boom blocking the navigable channel and the salvage operation taking place to remove it will be a safety concern for anyone operating or transiting within the Illinois River at MM 165.5. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone until the crane boom has been removed from the waterway. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on a safety zone located within a half mile radius of a crane boom on the Illinois River at MM 165.5, near Peoria, IL. The safety zone is expected to be active until the crane boom has been salvaged and the channel cleared. E:\FR\FM\28AUR1.SGM 28AUR1 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations 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 because the zone will be enforced only when work is being conducted. 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 lotter on DSK11XQN23PROD with RULES1 This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship 17:47 Aug 25, 2023 Jkt 259001 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 at MM 165.5. It is categorically excluded from further review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. G. Protest Activities D. Federalism and Indian Tribal Governments VerDate Sep<11>2014 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. 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. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 58501 List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 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. 2. Add § 165.T08–0043 to read as follows: ■ § 165.T08–0043 Safety Zone; Illinois River, Mile Marker 165.5, Peoria, IL. (a) Location. The following area is a safety zone: all navigable waters within a half mile radius of a crane barge on the Illinois River, Mile Marker 165.5, Peoria, IL. (b) Enforcement period. This section will be subject to enforcement from August 23, 2023, until August 29, 2023, or until the hazard has been cleared. (c) Regulations. (1) In accordance with the general safety zone regulations in § 165.23, entry of persons or vessels into the safety zone described in paragraph (a) of this section is prohibited unless authorized by the Captain of the Port Sector Upper Mississippi River (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. E:\FR\FM\28AUR1.SGM 28AUR1 58502 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Rules and Regulations Dated: August 23, 2023. D.J. Every, Commander, U.S. Coast Guard, Acting Captain of the Port Sector Upper Mississippi River. [FR Doc. 2023–18555 Filed 8–24–23; 11:15 am] BILLING CODE 9110–04–P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 36 CFR Part 1280 [FDMS No. NARA–23–0008; NARA–2023– 034] RIN 3095–AC13 Use of NARA Facilities: Rules for Filming, Photographing, or Videotaping on NARA Property for Personal Use National Archives and Records Administration (NARA). ACTION: Direct final rule. AGENCY: The National Archives and Records Administration (NARA) is amending our regulations on the Use of NARA Facilities to allow personal, nonflash photography throughout NARA exhibition galleries. DATES: This rule is effective October 10, 2023, without further action, unless we receive actionable adverse comments by September 18, 2023. If we receive such comments, we will publish a withdrawal of the rule in the Federal Register. ADDRESSES: You may submit comments, identified by RIN 3095–AC13 by the following method: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. All submissions must include NARA’s name and the regulatory information number for this rulemaking (RIN 3095–AC13). We may publish any comments we receive without changes, including any personal information you include. • Mail (for paper, flash drive, or CD– ROM submissions. Include ‘‘RIN 3095– AC13’’ on the submission): National Archives and Records Administration; Regulation Comments Desk, Suite 4100; 8601 Adelphi Road; College Park, MD 20740–6001. FOR FURTHER INFORMATION CONTACT: Kimberly Richardson, Strategy and Performance Division, by email at regulation_comments@nara.gov, by email at kimberly.richardson@nara.gov, or by phone at 301–837–2902. Contact https://museum.archives.gov/contact-us with any questions on photography in NARA facilities. lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 17:47 Aug 25, 2023 Jkt 259001 The National Archives and Records Administration (NARA) is amending our regulations on the use of NARA facilities to allow personal photography throughout NARA exhibition galleries, including the Rotunda in the National Archives Museum, unless otherwise posted. Direct photography of the display of the founding documents in the Rotunda will continue to be prohibited; however, visitors are allowed to take selfies and other photographs that include the Rotunda as background. Research shows that most museums allow non-flash photography. By expanding the use of photography, we will enhance the visitor experience and raise awareness of our mission, while continuing to maintain preservation and security needs. SUPPLEMENTARY INFORMATION: Regulatory Analysis Review Under Executive Order 12866, Regulatory Planning and Review, 58 FR 51735; Executive Order 13563, Improving Regulation and Regulation Review, 76 FR 23821; and Executive Order 14094 Modernizing Regulatory Review, 88 FR 21879. The Office of Management and Budget (OMB) has reviewed this rulemaking and determined it is not ‘‘significant’’ under section 3(f) of Executive Order 12866. It is not significant because it consists of administrative and minor revisions, involves agency organization and management, does not change substantive requirements, and imposes no costs on the public. Review Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) This review requires an agency to prepare an initial regulatory flexibility analysis and publish it when the agency publishes the proposed rule. This requirement does not apply if the agency certifies that the rulemaking will not, if promulgated, have a significant economic impact on a substantial number of small entities (5 U.S.C. 603). We certify, after review and analysis, that this rulemaking will not have a significant adverse economic impact on small entities. Review Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) This rulemaking does not impose additional information collection requirements on the public that are subject to the Paperwork Reduction Act. Review Under Executive Order 13132, Federalism, 64 FR 43255 Review under Executive Order 13132 requires that agencies review regulations for federalism effects on the PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 institutional interest of states and local governments, and, if the effects are sufficiently substantial, prepare a Federal assessment to assist senior policy makers. This rulemaking will not have any effects on state and local governments within the meaning of the Executive order. Therefore, no federalism assessment is required. Review Under the Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104–4; 2 U.S.C. 1532) Review under the Unfunded Mandates Reform Act requires that agencies determine whether any Federal mandate in the rulemaking may result in state, local, and tribal governments, in the aggregate, or the private sector, expending $100 million in any one year. NARA certifies that this rulemaking does not contain a Federal mandate that may result in such an expenditure, and this rulemaking is therefore not subject to this requirement. List of Subjects in 36 CFR Part 1280 Archives and records, Federal buildings and facilities. For the reasons stated in the preamble, NARA amends 36 CFR part 1280 as follows: PART 1280—USE OF NARA FACILITIES 1. The authority citation for part 1280 continues to read as follows: ■ Authority: 44 U.S.C. 2102 notes, 2104(a), 2112, 2903. ■ 2. Revise § 1280.46 to read as follows: § 1280.46 Filming, photographing, or videotaping for personal use. (a) You may film, photograph, or videotape on NARA property outside a NARA facility so long as you do not impede vehicular or pedestrian traffic. (b) You may film, photograph, or videotape inside a NARA facility during regular business hours in public areas, including research rooms and exhibition areas, unless otherwise posted, under the following conditions: (1) You may not use a flash or other supplemental lighting; and (2) You may not use a selfie stick, monopod, tripod, or similar equipment. ■ 3. In § 1280.84, revise paragraph (a) to read as follows: § 1280.84 Using the Rotunda. (a) We do not allow private group event activities (e.g., dinner/reception, program) to be held in the Rotunda or the exhibit galleries in the National Archives Museum. We may, at our discretion, allow attendees at private group events to enter the Rotunda and E:\FR\FM\28AUR1.SGM 28AUR1

Agencies

[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Rules and Regulations]
[Pages 58500-58502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18555]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-USCG-2023-0043]
RIN 1625-AA00


Safety Zone, Illinois River MM 165.5 Peoria, IL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters within a half mile radius of a crane boom located 
in the Illinois River at Mile Marker (MM) 165.5. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
all potential hazards associated with a crane boom blocking the 
navigable channel and the salvage operation for its removal. 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 August 28, 
2023, through August 29, 2023. For the purposes of enforcement, actual 
notice will be used from August 23, 2023, until August 28, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0043 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 MSTC Nathaniel Dibley, 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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency 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 a temporary safety zone must be 
established immediately to protect personnel, vessels, and the marine 
environment from potential hazards created by a crane boom protruding 
into the navigable channel and lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule. It is impracticable to publish an NPRM because we 
must establish this safety zone by August 23, 2023.
    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 immediate action is needed to 
respond to the potential safety hazards associated with a crane boom 
blocking the navigable 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 Upper Mississippi River (COTP) 
has determined that potential hazards associated with a crane boom 
blocking the navigable channel and the salvage operation taking place 
to remove it will be a safety concern for anyone operating or 
transiting within the Illinois River at MM 165.5. This rule is needed 
to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone until the crane boom has been 
removed from the waterway.

IV. Discussion of the Rule

    The salvaging of the crane boom will occur at MM 165.5 beginning 
August 23, 2023. The safety zone is designed to protect waterway users 
until work is complete.
    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 the size of the safety zone through Local Notice to 
Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Safety 
Marine Information Broadcast (SMIB), 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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on a safety zone 
located within a half mile radius of a crane boom on the Illinois River 
at MM 165.5, near Peoria, IL. The safety zone is expected to be active 
until the crane boom has been salvaged and the channel cleared.

[[Page 58501]]

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 because the zone will be enforced only when 
work is being conducted.
    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 at MM 165.5. 
It is categorically excluded from further review under paragraph L60(d) 
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.

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.

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, 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.T08-0043 to read as follows:


Sec.  165.T08-0043  Safety Zone; Illinois River, Mile Marker 165.5, 
Peoria, IL.

    (a) Location. The following area is a safety zone: all navigable 
waters within a half mile radius of a crane barge on the Illinois 
River, Mile Marker 165.5, Peoria, IL.
    (b) Enforcement period. This section will be subject to enforcement 
from August 23, 2023, until August 29, 2023, or until the hazard has 
been cleared.
    (c) Regulations. (1) In accordance with the general safety zone 
regulations in Sec.  165.23, entry of persons or vessels into the 
safety zone described in paragraph (a) of this section is prohibited 
unless authorized by the Captain of the Port Sector Upper Mississippi 
River (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.


[[Page 58502]]


    Dated: August 23, 2023.
D.J. Every,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Upper 
Mississippi River.
[FR Doc. 2023-18555 Filed 8-24-23; 11:15 am]
BILLING CODE 9110-04-P
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