50578 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0932] 

RIN 1625–AA00 

Safety Zone; Illinois River, 

Beardstown, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters on the Illinois River 

between mile marker (MM) 83.0 and 

MM 87.0. This action is necessary to 

provide for the safety of life and 

property on all navigable waters near 

Beardstown, IL while construction work 

is completed on new power lines 

extending across the river. During the 

period of enforcement, entry into the 

safety 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 6 a.m. 

on November 1, 2017, through 6 p.m. on 

December 15, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0932 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 Sean 

Peterson, Chief of Prevention, Sector 

Upper Mississippi River, 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 Sector Upper 

Mississippi River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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 it is 

impracticable. 

The contractor for Ameren Electric 

Company, The L.E. Meyers Co., notified 

the Coast Guard on September 25, 2017 

that the work would begin November 1, 

2017 at 6 a.m. between Illinois River 

mile marker (MM) 83.0 and MM 87.0, 

which will cause safety concerns to 

vessels and obstruct the navigational 

channel. The contractor will be using 

helicopters in the placement of steel 

structures to support new power lines 

and to stretch the new power lines 

across the river. Due to the risks 

associated with power line work 

crossing the navigational channel, a 

safety zone is needed. We must 

establish this temporary safety zone by 

November 1, 2017 and lack sufficient 

time to provide a reasonable comment 

period and then consider those 

comments before issuing the rule. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date of the rule is 

contrary to the public interest because 

immediate action is necessary to 

prevent possible loss of life and 

property from the hazards associated 

with the overhead power line work. 

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 Sector Upper 

Mississippi River (COTP) has 

determined that potential hazards 

associated with overhead power line 

construction presents a safety concern 

for all navigable waters of the Illinois 

River between MM 83.0 and MM 87.0. 

The purpose of this rule is to ensure 

safety of life on the navigable waters in 

the temporary safety zone before, 

during, and after the overhead power 

line work. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

each day from 6 a.m. to 6 p.m. 

beginning on November 1, 2017 and 

ending on December 15, 2017, or until 

conditions allow for safe navigation, 

whichever occurs earlier. The safety 

zone will cover all navigable waters 

between MM 83.0 and MM 87.0 on the 

Illinois River in Beardstown, IL. The 

safety zone is intended to ensure the 

safety of life and vessels on these 

navigable waters during overhead power 

line work. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

Exact times of the closures and any 

changes to the planned schedule will be 

communicated to mariners using 

Broadcast and Local Notice to Mariners. 

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-year of the safety zone. This 

temporary final rule establishes a 

temporary safety zone impacting a four 

mile area on the Illinois River for a 

limited time period of twelve hours on 

forty-five separate days. Additionally, 

from November 1, 2017 to November 11, 

2017 the safety zone will be enforced for 

only five days while steel structures are 

being flown over the river and put in 

place to support the new power lines. 

During the dates from November 12, 

2017 to December 15, 2017 new power 

lines will be stretched across the river. 

During the enforcement period, vessels 

are prohibited from entering into or 

remaining within the safety zone unless 

specifically authorized by the COTP or 

other designated representative. The 

contractor performing the work will 

communicate to the COTP when work is 

not being performed and allow for 

affected vessel traffic to pass through 

the area. 

Additionally, notice of the safety zone 

or any changes in the planned schedule 

will be made via Broadcast and Local 


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Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 50579 

Notice to Mariners. Entry into this safety 

zone may be requested from the COTP 

or other designated representative and 

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 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 these rules. 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 

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 

temporary safety zone lasting twelve 

hours on thirty-nine separate days that 

will prohibit entry from MM 83.0 to MM 

87.0 on the Illinois River from 

November 1, 2017 to December 15, 

2017. 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, and 

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: 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. 

■ 2. Add § 165.T08–0932 to read as 

follows: 

§ 165.08–0932 Safety Zone; Illinois River, 

Beardstown, IL. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Illinois River between mile marker 

(MM) 83.0 and MM 87.0, Beardstown, 

IL. 

(b) Definitions. As used in this 

section, 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 Sector Upper Mississippi River 

(COTP) in the enforcement of the safety 

zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in § 165.23 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 seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16, 

or through Coast Guard Sector Upper 

Mississippi River by telephone at 314– 

269–2332. Those in the safety zone must 

comply with all lawful orders or 


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50580 Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Rules and Regulations 

directions given to them by the COTP or 

a designated representative. 

(d) Effective period. This rule will be 

effective from 6 a.m. on November 1, 

2017 through 6 p.m. on December 15, 

2017. It will be enforced daily from 6 

a.m. through 6 p.m. 

(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 

as well as any changes in the dates and 

times of enforcement. 

Dated: October 27, 2017. 

Scott A. Stoermer, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Upper Mississippi River. 

[FR Doc. 2017–23820 Filed 10–31–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Chapter II 

Report Prepared Pursuant to Executive 

Order 13783—Promoting Energy 

Independence and Economic Growth 

AGENCY: Forest Service, USDA. 

ACTION: Notification of final report. 

SUMMARY: The U.S. Department of 

Agriculture’s Forest Service (Forest 

Service) has prepared its final report 

pursuant to Section 2 of Executive 

Order 13783—Promoting Energy 

Independence and Economic Growth 

(E.O. 13783). Section 2 of E.O. 13783 

mandates an immediate review of all 

Federal agency actions that potentially 

unduly burden the safe, efficient 

development of domestic energy 

resources, and requires heads of Federal 

agencies to review all existing 

regulations, orders, guidance 

documents, policies, and any other 

similar agency actions (collectively, 

agency actions) that potentially unduly 

burden the development or use of 

domestically produced energy 

resources, with particular attention to 

oil, natural gas, coal, and nuclear energy 

resources. E.O. 13783 also requires 

Federal agencies to make 

recommendations that could alleviate or 

eliminate aspects of their actions that 

unduly burden domestic energy 

production. 

DATES: November 1, 2017. 

ADDRESSES: The report is available on 

the Forest Service’s Web site at https:// 

www.fs.fed.us/managing-land/energy. 

FOR FURTHER INFORMATION CONTACT: 

Sherri Thompson at 303–275–5147 or 

by mail at 1617 Cole Boulevard, 

Building 7, Lakewood, CO 80401. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Standard Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: The 

purpose of E.O. 13783 is to eliminate 

unnecessary Federal procedures that 

obstruct, delay, curtail, or otherwise 

impose significant costs on the siting, 

permitting, production, utilization, 

transmission, or delivery of energy 

resources. On National Forest System 

lands, the USDA and the Forest Service 

play an important role in assuring that 

activities associated with Federal and 

private energy mineral resources, 

renewable energy projects, and energyrelated transmission and distribution 

facilities are conducted in a manner that 

minimizes adverse effects on Federal 

surface resources while avoiding 

regulatory burdens that unnecessarily 

encumber energy production, constrain 

economic growth, and prevent job 

creation. 

Pursuant to Section 2 of E.O. 13783, 

the Forest Service reviewed more than 

70 agency actions, including 

regulations, policies, guidance, orders, 

agreements with partner agencies, and 

programmatic analyses at the 

Washington Office and field levels of 

the agency to assess whether they 

unduly burden clean and safe domestic 

energy development. As a result of that 

review, the Forest Service recommends 

revising or rescinding parts of 15 agency 

actions to alleviate or eliminate undue 

burdens on the prudent development or 

use of domestic energy sources. 

Consistent with E.O. 13783, it is in the 

national interest to promote the clean 

and safe development of America’s vast 

energy resources. Adopting these 

recommendations would result in the 

revision of parts of three regulations, 

five policies, four agreements with other 

agencies, one programmatic analysis, 

and one order and rescinding part of 

one policy. The Forest Service’s 

recommendations are principally 

associated with streamlining agency 

procedures or clarifying agency policy 

to facilitate more efficient processing of 

energy proposals by the agency alone or 

in coordination with its partners. 

Dated: October 25, 2017. 

Jeanne M. Higgins, 

Acting Associate Deputy Chief, National 

Forest System. 

[FR Doc. 2017–23805 Filed 10–31–17; 8:45 am] 

BILLING CODE 3411–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 97 

[EPA–R06–OAR–2016–0611; FRL–9969–07– 

Region 6] 

Promulgation of Air Quality 

Implementation Plans; State of Texas; 

Regional Haze and Interstate Visibility 

Transport Federal Implementation Plan 

Correction 

In rule document 2017–21947, 

appearing on pages 48324–48380 in the 

issue of Tuesday, October 17, 2017, 

make the following correction: 

On page 48370, in the first column, in 

the sixteenth line from the top, 

‘‘97.404(b)(1)’’, should read 

‘‘97.904(b)(1)’’. 

[FR Doc. C1–2017–21947 Filed 10–31–17; 8:45 am] 

BILLING CODE 1300–00–D 


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