Safety Zone; Salvage Operations, Lake Michigan, Navy Pier,, 69761-69763 [2014-27828]
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Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations
Railroad Bridge, at mile 0.2, across
Trent River in Bern, NC, has a vertical
clearance in the closed to navigation
position of 0 feet above mean high
water.
Under the current operating schedule
set out in 33 CFR 117.5, the draw must
open promptly and fully for the passage
of vessels when a request or signal to
open is given.
Under this temporary deviation, the
bridge will be closed-to-navigation for
maintenance and would allow the
bridge to remain closed from 8 a.m.
Monday, December 15, 2014 to 7 p.m.
Friday, December 19, 2014, so necessary
repairs may be made. Vessels will not be
able to pass through when the bridge is
in the closed position. The bridge will
not be able to open for emergencies and
there is no alternate route for vessels.
The Coast Guard will inform the users
of the waterway through Local and
Broadcast Notice to Mariners of the
temporary deviation in operating
schedule for the bridge so that vessels
can arrange their transit plans
accordingly. Waterway traffic consists of
fishing boats, recreational boats, and
occasional tugs and barges.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
protect the surrounding public and
vessels from the hazards associated with
salvage operations.
DATES: This rule is effective without
actual notice from November 24, 2014
until December 5, 2014. For the
purposes of enforcement, actual notice
will be used from November 4, 2014,
until November 24, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0980. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
or email MST2 Stacy Smith, U.S. Coast
Guard Marine Safety Unit Chicago, at
(630) 986–2155 or Stacy.D.Smith@
uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Dated: November 12, 2014.
James L Rousseau,
Bridge Program Manager, Fifth Coast Guard
District.
Table of Acronyms
[FR Doc. 2014–27832 Filed 11–21–14; 8:45 am]
BILLING CODE 9110–04–P
A. Regulatory History and Information
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0980]
RIN 1625–AA00
Safety Zone; Salvage Operations, Lake
Michigan, Navy Pier, Chicago, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
asabaliauskas on DSK5VPTVN1PROD with RULES
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Lake Michigan north of Navy Pier,
Chicago, IL. This safety zone is intended
to restrict vessels from a designated
portion of Lake Michigan for salvage
operations of a sunken barge. This
temporary safety zone is necessary to
SUMMARY:
VerDate Sep<11>2014
16:29 Nov 21, 2014
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
Jkt 235001
The Coast Guard is issuing this
temporary final 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 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. Specifically, this safety zone is
needed for salvage operations of a barge
that unexpectedly sank on Lake
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69761
Michigan on October 31, 2014. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be both 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 the salvage
operations discussed below.
Under 5 U.S.C. 553(d)(3), The Coast
Guard finds that good cause exists for
making this temporary 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.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
safety zones: 33 U.S.C. 1231; 33 CFR
1.05–1, 160.5; Department of Homeland
Security Delegation No. 0170.1.
From November 4, through December
5, 2014, salvage operations will take
place on Lake Michigan in response to
a sunken barge north of Navy Pier,
within the Chicago Harbor. The Captain
of the Port Lake Michigan has
determined that the salvage operations
will pose a significant risk to public
safety and property. This safety zone is
necessary to protect emergency
responders and transiting mariners from
associated hazards, which include
vessel collisions in a congested harbor.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port Lake
Michigan has determined that this
temporary safety zone is necessary to
ensure the safety of vessels during
salvage operations on Lake Michigan.
This safety zone will be in effect from
November 4, through December 5, 2014.
It will be enforced intermittently on an
as-needed basis during this time.
Additionally, advanced notice of
enforcement times will be provided
through Broadcast Notice to Mariners.
This zone will encompass all waters of
Lake Michigan within the arc of a circle
with a 500-foot radius, with its center
located on the north side of Navy Pier,
approximate position 41°53′33″ N,
087°36′07″ W; (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Lake Michigan or a designated onscene representative. The Captain of the
Port or a designated on-scene
representative may be contacted via
VHF Channel 16.
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69762
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
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. The safety
zone created by this rule will be
relatively small and enforced on an as
needed basis for about a month. Under
certain conditions, moreover, vessels
may still transit through the safety zone
when permitted by the Captain of the
Port.
asabaliauskas on DSK5VPTVN1PROD with RULES
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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
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
Lake Michigan, within the Chicago
Harbor, in the vicinity north of Navy
Pier, from November 4, through
December 5, 2014.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
VerDate Sep<11>2014
16:29 Nov 21, 2014
Jkt 235001
the reasons cited in the Regulatory
Planning and Review section.
Additionally, before the enforcement of
the zone, we would issue local
Broadcast Notice to Mariners so vessel
owners and operators can plan
accordingly.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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, above.
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.
4. 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).
5. Federalism
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
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION 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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7. 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.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
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Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Rules and Regulations
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (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 and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
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 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 her
on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Lake Michigan or an
on-scene representative.
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:
Dated: November 4, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
■
1. The authority citation for part 165
continues to read as follows:
Coast Guard
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
33 CFR Part 165
[FR Doc. 2014–27828 Filed 11–21–14; 8:45 am]
BILLING CODE 9110–04–P
2. Add § 165.T09–0980 to read as
follows:
■
[Docket No. USCG–2012–1036]
Safety Zone; Connectquot River Fall
Fireworks; Connectquot River;
Oakdale, NY
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
asabaliauskas on DSK5VPTVN1PROD with RULES
§ 165.T09–0980 Safety Zone; Salvage
Operations, Lake Michigan, Navy Pier,
Chicago, IL.
ACTION:
(a) Location. All waters of Lake
Michigan within the arc of a circle with
a 500-foot radius, with its center located
on the north side of Navy Pier,
approximate position 41°53′33″ N,
087°36′07″ W; (NAD 83).
(b) Effective and Enforcement Period.
This rule is effective without actual
notice from November 24, 2014 until
December 5, 2014. For the purposes of
enforcement, actual notice will be used
from November 4, 2014, until November
24, 2014. This rule will be enforced
intermittently on an as-needed basis.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
SUMMARY:
VerDate Sep<11>2014
16:29 Nov 21, 2014
Jkt 235001
The Coast Guard will enforce
the safety zone for Connectquot River
Fall Fireworks on Connectquot River in
Oakdale, NY from 6:30 p.m. to 7:30 p.m.
on November 29, 2014. In the event of
inclement weather the safety zone will
be enforced from 6:30 p.m. to 7:30 p.m.
on November 30, 2014. This action is
necessary and intended to ensure safety
of life on the navigable waters
immediately prior to, during, and
immediately after the fireworks event.
During the aforementioned period, the
Coast Guard will enforce restrictions
upon, and control movement of, vessels
in a specified area immediately prior to,
during, and immediately after the
fireworks event. During the enforcement
period, no person or vessel may enter
PO 00000
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69763
the safety zone without permission of
the Captain of the Port.
DATES: The regulations in 33 CFR
165.151 Table 1, 11.3 listed below will
be enforced from 6:30 p.m. to 7:30 p.m.
on November 29, 2014 with a rain date
of November 30, 2014.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Petty Officer Ian Fallon,
Waterways Management Division, U.S.
Coast Guard Sector Long Island Sound;
telephone 203–468–4565, email
Ian.M.Fallon@uscg.mil.
SUPPLEMENTARY INFORMATION:
Connectquot River Fall Fireworks;
Connectquot River; Oakdale, NY. The
safety zone listed in 33 CFR 165.151
Table 1, 11.3 will be enforced from 6:30
p.m. to 7:30 p.m. on November 29, 2014.
In the event of inclement weather the
safety zone will be enforced from 6:30
p.m. to 7:30 p.m. on November 30, 2014.
Under the provisions of 33 CFR
165.151, the fireworks display listed
above is established as a safety zone.
During the enforcement period, persons
and vessels are prohibited from entering
into, transiting through, mooring, or
anchoring within the safety zone unless
they receive permission from the COTP
or designated representative.
This notice is issued under authority
of 33 CFR 165 and 5 U.S.C. 552 (a). In
addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via the Local Notice to Mariners or
marine information broadcasts. If the
COTP determines that the safety zone
need not be enforced for the full
duration stated in this notice, a
Broadcast Notice to Mariners may be
used to grant general permission to
enter the regulated area.
Dated: November 6, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2014–27827 Filed 11–21–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 49
[EPA–R10–OAR–2012–0557: FRL–9917–07–
Region 10]
Approval and Promulgation of
Implementation Plans; Swinomish
Indian Tribal Community; Tribal
Implementation Plan
Environmental Protection
Agency (EPA).
AGENCY:
E:\FR\FM\24NOR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Rules and Regulations]
[Pages 69761-69763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27828]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0980]
RIN 1625-AA00
Safety Zone; Salvage Operations, Lake Michigan, Navy Pier,
Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Michigan north of Navy Pier, Chicago, IL. This safety zone is
intended to restrict vessels from a designated portion of Lake Michigan
for salvage operations of a sunken barge. This temporary safety zone is
necessary to protect the surrounding public and vessels from the
hazards associated with salvage operations.
DATES: This rule is effective without actual notice from November 24,
2014 until December 5, 2014. For the purposes of enforcement, actual
notice will be used from November 4, 2014, until November 24, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0980. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact or email MST2 Stacy Smith, U.S. Coast Guard Marine Safety Unit
Chicago, at (630) 986-2155 or Stacy.D.Smith@uscg.mil. If you have
questions on viewing the docket, call Cheryl Collins, Program Manager,
Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this temporary final 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 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. Specifically, this
safety zone is needed for salvage operations of a barge that
unexpectedly sank on Lake Michigan on October 31, 2014. Thus, delaying
the effective date of this rule to wait for a comment period to run
would be both 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 the salvage operations
discussed below.
Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause
exists for making this temporary 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.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
From November 4, through December 5, 2014, salvage operations will
take place on Lake Michigan in response to a sunken barge north of Navy
Pier, within the Chicago Harbor. The Captain of the Port Lake Michigan
has determined that the salvage operations will pose a significant risk
to public safety and property. This safety zone is necessary to protect
emergency responders and transiting mariners from associated hazards,
which include vessel collisions in a congested harbor.
C. Discussion of the Final Rule
With the aforementioned hazards in mind, the Captain of the Port
Lake Michigan has determined that this temporary safety zone is
necessary to ensure the safety of vessels during salvage operations on
Lake Michigan. This safety zone will be in effect from November 4,
through December 5, 2014. It will be enforced intermittently on an as-
needed basis during this time. Additionally, advanced notice of
enforcement times will be provided through Broadcast Notice to
Mariners. This zone will encompass all waters of Lake Michigan within
the arc of a circle with a 500-foot radius, with its center located on
the north side of Navy Pier, approximate position 41[deg]53'33'' N,
087[deg]36'07'' W; (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or a designated on-scene representative. The Captain of the Port or a
designated on-scene representative may be contacted via VHF Channel 16.
[[Page 69762]]
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
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. The safety zone created by this rule will be
relatively small and enforced on an as needed basis for about a month.
Under certain conditions, moreover, vessels may still transit through
the safety zone when permitted by the Captain of the Port.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 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 Lake
Michigan, within the Chicago Harbor, in the vicinity north of Navy
Pier, from November 4, through December 5, 2014.
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 zone, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
[[Page 69763]]
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
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: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0980 to read as follows:
Sec. 165.T09-0980 Safety Zone; Salvage Operations, Lake Michigan,
Navy Pier, Chicago, IL.
(a) Location. All waters of Lake Michigan within the arc of a
circle with a 500-foot radius, with its center located on the north
side of Navy Pier, approximate position 41[deg]53'33'' N,
087[deg]36'07'' W; (NAD 83).
(b) Effective and Enforcement Period. This rule is effective
without actual notice from November 24, 2014 until December 5, 2014.
For the purposes of enforcement, actual notice will be used from
November 4, 2014, until November 24, 2014. This rule will be enforced
intermittently on an as-needed basis.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, 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
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 her on-scene representative may be contacted via VHF
Channel 16. Vessel operators given permission to enter or operate in
the safety zone must comply with all directions given to them by the
Captain of the Port Lake Michigan or an on-scene representative.
Dated: November 4, 2014.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-27828 Filed 11-21-14; 8:45 am]
BILLING CODE 9110-04-P
