[Federal Register Volume 84, Number 127 (Tuesday, July 2, 2019)]
[Rules and Regulations]
[Pages 31484-31486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14122]



[[Page 31484]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0549]
RIN 1625-AA00


Safety Zone; Chicago Harbor, Illinois River, Peru, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the Illinois 
River in Peru, Illinois, in order to protect vessels and persons from 
the potential hazards associated with a shore based fireworks display. 
Vessels will not be allowed to enter, transit through, or anchor within 
the safety zone without the permission of the Coast Guard Captain of 
the Port Lake Michigan or a designated representative.

DATES: This rule is effective from 9:15 p.m. on July 3, 2019, through 
10 p.m. on July 4, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0549 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 about this rule, 
call or email MST2 Weston Hescock, Marine Safety Unit Chicago, U.S. 
Coast Guard; telephone (630) 986-2155, email D09-DG-MSUChicago-Waterways@uscg.mil.

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 doing so would be impracticable and 
contrary to the public interest. The final details for this event were 
not known to the Coast Guard until there was insufficient time 
remaining before the event to publish an NPRM. Delaying the effective 
date of this rule to wait for a comment period to run would be 
impracticable and contrary to the public interest because it would 
inhibit the Coast Guard's ability to protect the public and vessels 
from the hazards associated with a shore based fireworks display on 
July 3, 2019 or July 4, 2019.
    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. For the same reasons discussed in 
the preceding paragraph, waiting for a 30-day notice period to run 
would be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231).
    The Coast Guard will enforce a safety zone on July 3, 2019 from 
9:15 p.m. through 10 p.m., with a rain date of July 4, 2019, for a 
shore based fireworks display on/near the Illinois River in Peru, 
Illinois. The Captain of the Port Lake Michigan has determined that the 
shore based fireworks display will pose a significant risk to public 
safety and property. Such hazards include premature and accidental 
detonations, falling and burning debris, and collisions among spectator 
vessels.

IV. Discussion of the Rule

    The Captain of the Port Lake Michigan has determined that this 
temporary safety zone is necessary to ensure the safety of the public 
during the shore based fireworks display on/near the Illinois River. 
This safety zone will be enforced from 9:15 p.m. through 10 p.m. on 
July 3, 2019, with a rain date of July 4, 2019. The safety zone will 
encompass all waters of the Illinois River between MM 222.4 to MM 
222.6. Vessels will not be allowed to enter, transit through, or anchor 
within the safety zone without the permission of the Coast Guard 
Captain of the Port Lake Michigan or a designated representative. The 
Captain of the Port or a designated on-scene representative may be 
contacted via VHF Channel 16.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled 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).
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues.

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.
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on

[[Page 31485]]

small entities. This rule will affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit on a portion of the Illinois River from 9:15 p.m. 
through 10 p.m. on July 3, 2019, with a rain date of July 4, 2019.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of the zones, we will issue local Broadcast Notice to 
Mariners and Local Notice to Mariners so vessel owners and operators 
can plan accordingly.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and 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 the establishment of a safety zone for 
a shore based fireworks display on/near the Illinois River, Peru, IL, 
encompassing all waters of the Illinois River between MM 222.4 to MM 
222.6. It is 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 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 record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T09-0549 to read as follows:


Sec.  165.T09-0549  Safety Zone; Chicago Harbor, Illinois River, Peru, 
IL.

    (a) Location. The safety zone will encompass all waters of the 
Illinois River between mile marker (MM) 222.4 to MM 222.6.
    (b) Effective and enforcement period. This safety zone will be 
enforced from 9:15 p.m. through 10 p.m. on July 3, 2019. In the case of 
inclement weather on July 3, the safety zone will be enforced at the 
same times on July 4, 2019.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port Lake 
Michigan or a designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Lake Michigan or a designated 
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port Lake 
Michigan is any Coast Guard commissioned, warrant, or petty officer who 
has been designated by the Captain of the Port Lake Michigan to act on 
his or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Lake Michigan or an on-scene 
representative to obtain permission to do so. The Captain of the Port 
Lake Michigan or an on-scene representative may be contacted via VHF 
Channel 16 or at 414-747-7182. Vessel operators given permission to 
enter or operate in the safety zone must comply with all directions 
given to them by the Captain

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of the Port Lake Michigan, or an on-scene representative.

    Dated: June 27, 2019.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2019-14122 Filed 7-1-19; 8:45 am]
BILLING CODE 9110-04-P


