
[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Rules and Regulations]
[Pages 39360-39362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17512]



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DEPARTMENT OF HOMELAND SECURITY



Coast Guard



33 CFR Part 165



[Docket Number USCG-2017-0521]

RIN 1625-AA00




Safety Zone; Kaskaskia River, Evansville, IL



AGENCY: Coast Guard, DHS.



ACTION: Final rule.



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SUMMARY: The Coast Guard is establishing a safety zone for all 

navigable waters on the Kaskaskia River between mile marker (MM) 9.0 

and MM 11.0. This action is necessary to provide for the safety of life 

on these navigable waters near Evansville, IL during high speed boat 

races. Entry of vessels or persons into this safety zone is prohibited 

unless authorized by the Captain of the Port Upper Mississippi River 

(COTP) or a designated representative.



DATES: This rule is effective from 8 a.m. on September 16, 2017, 

through 6 p.m. on September 17, 2017.



ADDRESSES: To view documents mentioned in this preamble as being 

available in the docket, go to http://



[[Page 39361]]



www.regulations.gov, type USCG-2017-0521 in the ``SEARCH'' box and 

click ``SEARCH.'' Click on Open Docket Folder on the line associated 

with this rule.



FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 

call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast 

Guard; telephone 314-269-2332, email Sean.M.Peterson@uscg.mil.



SUPPLEMENTARY INFORMATION: 



I. Table of Abbreviations



CFR Code of Federal Regulations

COTP Captain of the Port 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 Information and Regulatory History



    The Coast Guard preceded this final rule with a Notice of Proposed 

Rulemaking (NPRM). The NPRM was published in the Federal Register on 

June 21, 2017, (82 FR 28290). There we stated why we issued the NPRM, 

and invited comments on our proposed regulatory action related to high 

speed boat races on the Kaskaskia River in Evansville, IL. The NPRM 

listed dates and times of enforcement of the safety zone. During the 

comment period that ended July 21, 2017, we received no comments.



III. Legal Authority and Need for Rule



    The Coast Guard is issuing this rule under authority in 33 U.S.C. 

1231. The Captain of the Port Upper Mississippi River (COTP) has 

determined that potential hazards associated with the high speed boat 

races will cause safety concerns. The purpose of this rule is to ensure 

safety of life, vessels and the navigable waters in the safety zones, 

before, during, and after the scheduled event.



IV. Discussion of the Comments, Changes, and the Rule



    As noted above, during the comment period for our NPRM that 

published June 21, 2017, no comments were received. 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 a.m. on September 16, 

2017 through 6 p.m. on September 17, 2017. The zone will be enforced 

from 8 a.m. through 6 p.m. each day. The safety zone will cover all 

navigable waters between MM 9.0 and 11.0 on the Kaskaskia River in 

Evansville, IL. The duration of the zone is intended to ensure the 

safety of vessels and participants on the navigable waters before, 

during, and after the scheduled high speed boat practices and races. 

Entry of vessels or persons into this safety zone is prohibited 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. Executive Order 13771 directs agencies to control 

regulatory costs through a budgeting process. This rule has not been 

designated a ``significant regulatory action,'' under Executive Order 

12866. Accordingly, this rule has not been reviewed by the Office of 

Management and Budget (OMB), and pursuant to OMB guidance it is exempt 

from the requirements of Executive Order 13771.

    This regulatory action determination is based on the size, 

location, duration, and time-of-day of the regulated area. Vessel 

traffic will be able to safely navigate through the affected area 

before and after the scheduled event. The safety zone will only be 

enforced for a period of 10 hours on each of 2 days on 2 miles of 

navigable waters. Entry into the safety zones established through this 

rulemaking may be requested from the COTP or a designated 

representative; requests will be considered on a case-by-case basis.



B. Impact on Small Entities



    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 

amended, requires Federal agencies to consider the potential impact of 

regulations on small entities during rulemaking. The term ``small 

entities'' comprises small businesses, not-for-profit organizations 

that are independently owned and operated and are not dominant in their 

fields, and governmental jurisdictions with populations of less than 

50,000. The Coast Guard received no 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 

contact the person listed in the FOR FURTHER INFORMATION CONTACT 

section.

    Small businesses may send comments on the actions of Federal 

employees who enforce, or otherwise determine compliance with, Federal 

regulations to the Small Business and Agriculture Regulatory 

Enforcement Ombudsman and the Regional Small Business Regulatory 

Fairness Boards. The Ombudsman evaluates these actions annually and 

rates each agency's responsiveness to small business. If you wish to 

comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 

(1-888-734-3247). The Coast Guard will not retaliate against small 

entities that question or complain about this rule or any policy or 

action of the Coast Guard.



C. Collection of Information



    This rule will not call for a new collection of information under 

the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).



D. Federalism and Indian Tribal Governments



    A rule has implications for federalism under Executive Order 13132, 

Federalism, if it has a substantial direct effect on the States, on the 

relationship between the national government and the States, or on the 

distribution of power and responsibilities among the various levels of 

government. We have analyzed this rule under that Order and have 

determined that it is consistent with the fundamental federalism 

principles and preemption requirements described in Executive 

Order13132.

    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,



[[Page 39362]]



or on the distribution of power and responsibilities between the 

Federal Government and Indian tribes. If you believe this rule has 

implications for federalism or Indian tribes, please contact the person 

listed in the FOR FURTHER INFORMATION CONTACT section.



E. Unfunded Mandates Reform Act



    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 

requires Federal agencies to assess the effects of their discretionary 

regulatory actions. In particular, the Act addresses actions that may 

result in the expenditure by a State, local, or tribal government, in 

the aggregate, or by the private sector of $100,000,000 (adjusted for 

inflation) or more in any one year. Though this rule will not result in 

such an expenditure, we do discuss the effects of this rule elsewhere 

in this preamble.



F. Environment



    We have analyzed this rule under Department of Homeland Security 

Management Directive 023-01 and Commandant Instruction M16475.lD, which 

guide the Coast Guard in complying with the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 

this action is one of a category of actions that do not individually or 

cumulatively have a significant effect on the human environment. This 

rule involves a safety zone lasting for 10 hours on 2 days, during 

daylight hours and restricts transit on a section of the Kaskaskia 

River extending 2 miles. It is categorically excluded from further 

review under paragraph 34(g) of Figure 2-1 of the Commandant 

Instruction. A Record of Environmental Consideration supporting this 

determination is available in the docket where indicated under 

ADDRESSES.



G. Protest Activities



    The Coast Guard respects the First Amendment rights of protesters. 

Protesters are asked to contact the person listed in the FOR FURTHER 

INFORMATION CONTACT section to coordinate protest activities so that 

your message can be received without jeopardizing the safety or 

security of people, places or vessels.



List of Subjects in 33 CFR Part 165



    Harbors, Marine Safety, Navigation (water), Reporting and 

recordkeeping requirements, Security measures, Waterways.



PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS



0

1. The authority citation for part 165 continues to read as follows:



    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 

6.04-6, and 160.5; Department of Homeland Security Delegation No. 

0170.1.



0

2. Add Sec.  165.T08-0521 to read as follows:





 Sec.  165.T08-0521  Safety Zone; Kaskaskia River, Evansville, IL.



    (a) Location. The following area is a safety zone: all navigable 

waters of the Kaskaskia River between MM 9.0 and MM 11.0, Evansville, 

IL.

    (b) Definitions. As used in this section, a ``designated 

representative'' means a Coast Guard Patrol Commander, including a 

Coast Guard coxswain, petty officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and local officer designated by or 

assisting the Captain of the Port Upper Mississippi River (COTP) in the 

enforcement of the safety zone.

    (c) Regulations. (1) Under the general safety zone regulations in 

subpart C of this part, you may not enter the safety zone described in 

paragraph (a) of this section unless authorized by the COTP or a 

designated representative.

    (2) To request entry into the safety zone, contact the COTP or a 

designated representative via VHF-FM channel 16, or Coast Guard Sector 

Upper Mississippi River by telephone at 314-269-2332. Those persons 

authorized to be in the safety zone must comply with all lawful orders 

or directions given to them by the COTP or a designated representative.

    (d) Enforcement period. This section will be enforced each day from 

8 a.m. through 6 p.m. on September 16 and 17, 2017.

    (e) Informational broadcasts. The COTP or a designated 

representative will inform the public through broadcast notices to 

mariners of the enforcement period for the safety zone.



    Dated: August 15, 2017.

 Scott A. Stoermer,

Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.

[FR Doc. 2017-17512 Filed 8-17-17; 8:45 am]

BILLING CODE 9110-04-P




