Safety Zone; Submarine Cable Installation Project; Chicago River, Chicago, IL, 59749-59751 [2012-24183]
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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2012–0780]
Special Local Regulations for Marine
Events; San Francisco Bay Navy Fleet
Week Parade of Ships and Blue Angels
Demonstration, San Francisco Bay, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the special local regulations in the
navigable waters of San Francisco Bay
for the annual U.S. Navy and City of San
Francisco sponsored Fleet Week Parade
of Navy Ships, Blue Angels Flight
Demonstrations, Ship Tours, and
America’s Cup World Series regattas to
be held from October 4, 2012 through
October 7, 2012. This action is
necessary to ensure the safety of event
participants and spectators. During the
enforcement period, no persons or
vessels may enter the regulated area
without permission of the Captain of the
Port (COTP) or her designated
representative.
SUMMARY:
The regulations in 33 CFR
100.1105(c)(1), regulated area ‘‘Alpha’’
for Navy Parade of Ships, will be
enforced from 10:30 a.m. to 12:15 p.m.
on October 6, 2012. The regulations in
33 CFR 100.1105(c)(2), regulated area
‘‘Bravo’’ for the U.S. Navy Blue Angels
Activities and America’s Cup World
Series regattas will be enforced from
noon until 6:30 p.m. on October 4; from
11:45 a.m. until 6 p.m. on October 5;
from 11:45 a.m. until 6:30 p.m. on
October 6, 2012; and from 11:15 a.m.
until 4 p.m. on October 7, 2012.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Ensign William Hawn, U.S.
Coast Guard Sector San Francisco;
telephone (415) 399–7442 or email at
D11–PF-MarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulation for the annual San Francisco
Bay Navy Fleet Week Parade of Ships
and Blue Angels Demonstration in
accordance with 33 CFR 100.1105.
Regulations for the Navy Parade of
Ships will be enforced from 10:30 a.m.
to 12:15 p.m. on October 6, 2012. Under
the provisions of 33 CFR 100.1105, no
person or vessel may enter or remain in
regulated area ‘‘Alpha’’ within 500
yards of all parade vessels. No person or
vessel shall anchor, block, loiter in, or
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DATES:
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impede the transit of the ship parade
participants or official patrol vessels.
During the 2012 Fleetweek events,
America’s Cup World Series regattas
will be held in conjunction with the
U.S. Navy Blue Angels Activities as per
an official agreement made between the
America’s Cup Race Management and
the Fleetweek program coordinators.
Regulations for the U.S. Navy Blue
Angels Activities and the America’s Cup
World Series regattas will be enforced
from noon until 6:30 p.m. on October 4,
from 11:45 a.m. until 6 p.m. on October
5, from 11:45 a.m. until 6:30 p.m. on
October 6, 2012, and from 11:15 a.m.
until 4 p.m. on October 7, 2012. Within
regulated area ‘‘Bravo’’ established in 33
CFR 100.1105(b)(2), no person or vessel
may enter or remain within the waters
of San Francisco Bay bounded by a line
connecting the following points:
beginning at 37° 49.096″ N, 122° 27.055’
W, thence to 37° 49.389″ N, 122°
24.354″ W, thence to 37° 48.888″ N,
122° 24.272″ W, thence to 37° 48.598’ N,
122° 26.973″ W and thence to the point
of beginning (‘‘Fleet Week box’’) (NAD
83).
In the southern portion of regulated
area ‘‘Bravo,’’ the Coast Guard will
enforce a no-loitering area 75-yards
south of the Fleet Week box, extending
west from Pier 45 and ending at the
western edge of the Fleet Week box.
While transiting this no-loitering area,
vessels shall proceed at a safe speed as
not to cause a wake. This requirement
will be strictly enforced to preserve the
safety of both life and property. Except
for persons or vessels authorized by the
Patrol Commander, no person or vessel
may anchor or loiter in the areas
described above within regulated area
‘‘Bravo.’’
When hailed by U.S. Coast Guard
patrol personnel by siren, radio, flashing
light, or other means, a person or vessel
shall come to an immediate stop.
Persons or vessels shall comply with all
directions given; failure to do so may
result in expulsion from the area,
citation for failure to comply, or both.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 100.1105 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 extensive
advance notification of this enforcement
period via the Local Notice to Mariners,
and Broadcast Notice to Mariners.
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59749
Dated: September 18, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2012–24044 Filed 9–28–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0886]
RIN 1625–AA00
Safety Zone; Submarine Cable
Installation Project; Chicago River,
Chicago, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Chicago River near Chicago, Illinois.
This zone is intended to restrict vessels
from a portion of the Chicago River due
to the installation of submarine cables
in the vicinity of both the West Adams
Street and West Jackson Boulevard
bridges. This temporary safety zone is
necessary to protect the surrounding
public and vessels from the hazards
associated with the installation of
submarine cables in the vicinity of both
the West Adams Street and West
Jackson Boulevard bridges.
DATES: This rule will be effective
between 4 a.m. on September 28, 2012
and 5 p.m. on October 5 and 8, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0886 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0886 in the ‘‘Keyword’’
box, and then clicking ‘‘search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 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 temporary
rule, contact or email MST1 Joseph
McCollum, U.S. Coast Guard Sector
Lake Michigan, at 414–747–7148 or
Joseph.P.McCollum@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
mstockstill on DSK4VPTVN1PROD with RULES
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 (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. 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 vessels
from the hazards associated with the
installation of cable into the Chicago
River, which are discussed further
below.
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.
B. Basis and Purpose
Between September 28, 2012 and
October 8, 2012 John Burns
Construction Company will be installing
submarine cables beneath the waters of
the Chicago River at both the West
Adams Street and West Jackson
Boulevard bridges. The Captain of the
Port, Sector Lake Michigan, has
determined that this cable installation
project will pose a significant risk to
public safety and property. Such
hazards include collisions between
contractors and vessel traffic, and the
striking of keels and propellers against
cable lines.
C. Discussion of Rule
With the aforementioned hazards in
mind, the Captain of the Port, Sector
Lake Michigan, has determined that this
temporary safety zone is necessary to
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ensure the safety of vessels during the
installation. This zone will be enforced
between 4 a.m. and 5 p.m. on September
28, 2012 and October 5, and 8, 2012.
The safety zone will encompass all
waters of the Chicago River in the
vicinity of the West Adams Street and
West Jackson Boulevard bridges.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port, Sector Lake Michigan, or his
designated on-scene representative. The
Captain of the Port or his designated onscene representative may be contacted
via VHF Channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
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. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). 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 for a
relatively short time. Also, the safety
zone is designed to minimize its impact
on navigable waters. 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 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.
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This rule will affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to transit or anchor in
a portion of the Chicago River, Chicago,
IL on September 28, and October 5 and
8, 2012.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This safety zone
would be activated, and thus subject to
enforcement, for only 3 days. Traffic
may be allowed to pass through the
zone with the permission of the Captain
of the Port. The Captain of the Port can
be reached via VHF channel 16. Before
the activation of the zone, we would
issue local Broadcast Notice to
Mariners.
3. Assistance for Small Entities
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 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
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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations
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.
mstockstill on DSK4VPTVN1PROD with RULES
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
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16:08 Sep 28, 2012
Jkt 226001
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
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 parts 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
59751
(b) Effective and enforcement period.
This regulation is effective and will be
enforced between 4 a.m. and 5 p.m. on
September 28, 2012 and October 5 and
8, 2012. If the Captain of the Port elects
to suspend enforcement of this safety
zone before its effectiveness expires, he
will make the public aware of such
suspension via a local Broadcast Notice
to Mariners.
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan or his 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,
Sector Lake Michigan or his designated
on-scene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sector Lake
Michigan is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port, Sector Lake Michigan to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sector
Lake Michigan or his on-scene
representative to obtain permission to
do so. The Captain of the Port, Sector
Lake Michigan or his 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, Sector Lake Michigan, or his
on-scene representative.
Dated: September 21, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
[FR Doc. 2012–24183 Filed 9–27–12; 4:15 pm]
BILLING CODE 9110–04–P
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.
2. Add § 165.T09–0886 to read as
follows:
■
§ 165.T09–0886 Safety Zone; Submarine
Cable Installation Project, Chicago River,
Chicago, IL.
(a) Location. The safety zone will
encompass all waters of the Chicago
River (South Branch) in the vicinity of
the West Adams Street and West
Jackson Boulevard bridges.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–1102; EPA–R05–
OAR–2008–0782; FRL–9714–7]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
PBR and PTIO
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving six Permitby-Rule (PBR) provisions, a Permit to
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59749-59751]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24183]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0886]
RIN 1625-AA00
Safety Zone; Submarine Cable Installation Project; Chicago River,
Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Chicago River near Chicago, Illinois. This zone is intended to restrict
vessels from a portion of the Chicago River due to the installation of
submarine cables in the vicinity of both the West Adams Street and West
Jackson Boulevard bridges. This temporary safety zone is necessary to
protect the surrounding public and vessels from the hazards associated
with the installation of submarine cables in the vicinity of both the
West Adams Street and West Jackson Boulevard bridges.
DATES: This rule will be effective between 4 a.m. on September 28, 2012
and 5 p.m. on October 5 and 8, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0886 and are available online
by going to https://www.regulations.gov, inserting USCG-2012-0886 in the
``Keyword'' box, and then clicking ``search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 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
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at 414-747-7148 or Joseph.P.McCollum@uscg.mil. If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 59750]]
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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 (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. 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 vessels from the
hazards associated with the installation of cable into the Chicago
River, which are discussed further below.
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.
B. Basis and Purpose
Between September 28, 2012 and October 8, 2012 John Burns
Construction Company will be installing submarine cables beneath the
waters of the Chicago River at both the West Adams Street and West
Jackson Boulevard bridges. The Captain of the Port, Sector Lake
Michigan, has determined that this cable installation project will pose
a significant risk to public safety and property. Such hazards include
collisions between contractors and vessel traffic, and the striking of
keels and propellers against cable lines.
C. Discussion of Rule
With the aforementioned hazards in mind, the Captain of the Port,
Sector Lake Michigan, has determined that this temporary safety zone is
necessary to ensure the safety of vessels during the installation. This
zone will be enforced between 4 a.m. and 5 p.m. on September 28, 2012
and October 5, and 8, 2012.
The safety zone will encompass all waters of the Chicago River in
the vicinity of the West Adams Street and West Jackson Boulevard
bridges.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Sector Lake
Michigan, or his designated on-scene representative. The Captain of the
Port or his designated on-scene representative may be contacted via VHF
Channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or 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. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). 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
for a relatively short time. Also, the safety zone is designed to
minimize its impact on navigable waters. 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 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.
This rule will affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of the Chicago River, Chicago, IL on
September 28, and October 5 and 8, 2012.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be activated, and thus subject to enforcement, for
only 3 days. Traffic may be allowed to pass through the zone with the
permission of the Captain of the Port. The Captain of the Port can be
reached via VHF channel 16. Before the activation of the zone, we would
issue local Broadcast Notice to Mariners.
3. Assistance for Small Entities
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 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
[[Page 59751]]
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
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 parts 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.T09-0886 to read as follows:
Sec. 165.T09-0886 Safety Zone; Submarine Cable Installation Project,
Chicago River, Chicago, IL.
(a) Location. The safety zone will encompass all waters of the
Chicago River (South Branch) in the vicinity of the West Adams Street
and West Jackson Boulevard bridges.
(b) Effective and enforcement period. This regulation is effective
and will be enforced between 4 a.m. and 5 p.m. on September 28, 2012
and October 5 and 8, 2012. If the Captain of the Port elects to suspend
enforcement of this safety zone before its effectiveness expires, he
will make the public aware of such suspension via a local Broadcast
Notice to Mariners.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port, Sector Lake Michigan or his 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, Sector Lake Michigan or his
designated on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan to act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan or his
on-scene representative to obtain permission to do so. The Captain of
the Port, Sector Lake Michigan or his 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, Sector Lake Michigan, or his
on-scene representative.
Dated: September 21, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2012-24183 Filed 9-27-12; 4:15 pm]
BILLING CODE 9110-04-P
