Safety Zone; Chicago Harbor; Navy Pier Southeast; Chicago, IL, 42865-42868 [2013-17108]
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Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations
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comment is not required with regard to
the delegations of authority because
they relate solely to Commission
organization, procedure, or practice.19
Section 23(a)(2) of the Exchange Act
requires the Commission to consider the
competitive effects of rulemaking under
the Exchange Act.20 Further, section 3(f)
of the Exchange Act requires the
Commission, when engaging in
rulemaking where it is required to
consider or determine whether an action
is necessary or appropriate in the public
interest, to consider, in addition to the
protection of investors, whether the
action will promote efficiency,
competition, and capital formation.21
Rescinding the rules related to the
SIBHC program will not create any
competitive advantages or
disadvantages, or affect efficiency,
competition, and capital formation
because the Commission is merely
rescinding rules that no longer have any
legal effect.
III. Paperwork Reduction Act
Certain provisions of Rules 17i–1
through 17i–8 contained ‘‘collection of
information’’ requirements within the
meaning of the Paperwork Reduction
Act of 1995 (‘‘PRA’’).22 Consequently,
the Commission submitted these
collections of information to the Office
of Management and Budget (‘‘OMB’’) for
review in accordance with 44 U.S.C.
3507(d) and 5 CFR 1320.11.
The titles for the collections of
information are: (i) Rule 17i–2 Notice of
Intention to be Supervised by the
Commission as a Supervised Investment
Bank Holding Company; (ii) Rule 17i–3
Withdrawal from Supervision as a
Supervised Investment Bank Holding
Company; (iii) Rule 17i–4 Internal Risk
Management Control Systems
Requirements for Supervised
Investment Bank Holding Companies;
(iv) Rule 17i–5 Record Creation,
Maintenance, and Access Requirements
for Supervised Investment Bank
Holding Companies; (v) Rule 17i–6
Reporting Requirements for Supervised
Investment Bank Holding Companies;
and (vi) Rule 17i–8 Notification
Requirements for Supervised
Investment Bank Holding Companies.
OMB approved these collections of
information and assigned them OMB
Control Nos. 3235–0592, 3235–0593,
3235–0594, 3235–0590, 3235–0588, and
3235–0591, respectively.
As noted above, the rules
promulgated under section 17(i)
19 See
5 U.S.C. 553(b).
U.S.C. 78w(a)(2).
21 15 U.S.C. 78c(f).
22 44 U.S.C. 3501 et seq.
established a framework pursuant to
which an investment bank holding
company could elect to become
supervised by the Commission as an
SIBHC, as well as recordkeeping and
reporting requirements for SIBHCs.
Because the Commission is rescinding
this regulatory framework, the
Commission has discontinued the OMB
collections of information associated
with it.
As discussed above, to eliminate
duplicative recordkeeping and reporting
requirements, broker-dealers affiliated
with an SIBHC were exempt from Rules
17h–1T and 17h–2T. Any broker-dealer
previously relying on the SIBHC
exemptions in Rules 17h–1T and 17h–
2T (and thus required to comply with
Rules 17i–1 through 17i–8) has, since
July 21, 2011, been required to comply
with Rules 17h–1T and 17h–2T. One
broker-dealer that elected to use the
SIBHC rules now is required to comply
with Rules 17h–1T and 17h–2T. The
Commission has accounted for this
increased burden in connection with the
recent notice seeking comment on the
existing collection of information
provided for in Rules 17h–1T and 17h–
2T.23
IV. Statutory Authority and Text of
Amendments
The Commission is removing
regulations pursuant to authority
provided by section 23(a) of the
Exchange Act.
14:50 Jul 17, 2013
Authority: 15 U.S.C. 77o, 77s, 77sss, 78d,
78d–1, 78d–2, 78w, 78ll(d), 78mm, 80a–37,
80b–11, and 7202, unless otherwise noted.
§ 200.30–3
List of Subjects
17 CFR Part 200
Administrative practice and
procedure; Authority delegations
(Government agencies).
PART 240—GENERAL RULES AND
REGULATIONS, SECURITIES
EXCHANGE ACT OF 1934
3. The authority citation for Part 240
continues to read, in part, as follows:
■
Authority: 15 U.S.C. 77c, 77d, 77g, 77j,
77s, 77z–2, 77z–3, 77eee, 77ggg, 77nnn,
77sss, 77ttt, 78c, 78c–3, 78d, 78e, 78f, 78g,
78i, 78j, 78j–1, 78k, 78k–1, 78l, 78m, 78n,
78n–1, 78o, 78o–4, 78p, 78q, 78s, 78u–5,
78w, 78x, 78ll, 78mm, 80a–20, 80a–23, 80a–
29, 80a–37, 80b–3, 80b–4, 80b–11, and 7201
et seq.; and 18 U.S.C. 1350, 12 U.S.C.
5221(e)(3), and sec. 939A, Pub. L. 111–203,
124 Stat. 1376, (2010), unless otherwise
noted.
§ 240.17h–1T
[Amended]
4. Section 240.17h–1T is amended by:
a. Removing paragraph (d)(5); and
b. Redesignating paragraph (d)(6) as
paragraph (d)(5).
■
■
■
§ 240.17h–2T
[Amended]
5. Section 240.17h–2T is amended by:
a. Removing paragraph (b)(5); and
b. Redesignating paragraph (b)(6) as
paragraph (b)(5).
■
■
■
§§ 240.17i–1—240.17i–8
[Removed]
6. Sections 240.17i–1 through
240.17i–8 are removed, including the
heading, ‘‘Supervised Investment Bank
Holding Company Rules,’’ and the
Preliminary Note preceding those
sections.
Brokers; Reporting and recordkeeping
requirements; Securities.
By the Commission.
Dated: July 12, 2013.
Elizabeth M. Murphy,
Secretary.
Text of Amendments
[FR Doc. 2013–17194 Filed 7–17–13; 8:45 am]
For the reasons set out in the
preamble, Title 17, Chapter II of the
Code of Federal Regulations is amended
as follows:
BILLING CODE 8011–01–P
17 CFR Part 240
DEPARTMENT OF HOMELAND
SECURITY
PART 200—ORGANIZATION;
CONDUCT AND ETHICS; AND
INFORMATION AND REQUESTS
Coast Guard
Subpart A—Organization and Program
Management
[Docket No. USCG–2013–0320]
1. The authority citation for Part 200,
Subpart A, continues to read, in part, as
follows:
Safety Zone; Chicago Harbor; Navy
Pier Southeast; Chicago, IL
■
33 CFR Part 165
RIN 1625–AA00
Coast Guard, DHS.
Final rule.
AGENCY:
23 See
Proposed Collection; Comment Request, 77
FR 31408 (May 25, 2012).
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[Amended]
2. Section 200.30–3 is amended by
removing and reserving paragraphs
(a)(77), (a)(78), and (a)(79).
■
■
20 15
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ACTION:
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Federal Register / Vol. 78, No. 138 / Thursday, July 18, 2013 / Rules and Regulations
The Coast Guard is amending
the safety zone for Chicago Harbor,
Navy Pier Southeast, Chicago, IL. This
safety zone is intended to restrict
vessels from a portion of Chicago Harbor
during fireworks displays, races, and
other marine events that occur
throughout each calendar year. The
safety zone established by this rule is
necessary to protect spectators,
participants, and vessels from the
hazards associated with these fireworks
displays, boat races, and other events.
DATES: This final rule is effective August
19, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0320. 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
MST1 Joseph McCollum, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at (414) 747–
7148 or by email at
Joseph.P.McCollum@USCG.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
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A. Regulatory History and Information
On May 21, 2013, The Coast Guard
published a notice of proposed
rulemaking entitled ‘‘Safety Zone;
Chicago Harbor, Navy Pier SE., Chicago
IL’’ in the Federal Register (78 FR
29680). We did not receive any
comments in response to the proposed
rule. No public meeting was requested
and one was not held.
B. Basis and Purpose
Each year dozens of fireworks
displays are launched from barges in
positions just south of the Navy Pier in
Chicago. These fireworks displays,
along with other marine events, take
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place on a monthly and sometimes
weekly basis. The Captain of the Port,
Lake Michigan, has determined that
these fireworks displays and other
events such as races or air shows pose
a significant risk to public safety and
property. Such hazards include falling
debris and collisions among spectator
vessels. To address these hazards the
Coast Guard established a permanent
safety zone for the protection of
spectators during these displays and
events in 33 CFR 165.931. This year,
however, the Coast Guard was informed
by Melrose Pyrotechnics that a new
launch position will be used for some of
the fireworks displays. This new
position launches a display from a break
wall south of the Navy Pier and would
impact portions of Chicago Harbor
hundreds of feet beyond the boundaries
of the zone as it is currently listed. To
address this new launch position, and to
ensure safety of spectators and vessels,
this rule extends the boundaries of the
safety zone within 33 CFR 165.931.
C. Discussion of Comments, Changes
and the Final Rule
The Captain of the Port, Lake
Michigan, has determined that a safety
zone is necessary to mitigate the
aforementioned safety risks. Thus, this
rule amends 33 CFR 165.931 and
establishes a permanent safety zone on
Lake Michigan within Chicago harbor.
This rule amends 33 CFR 165.931 to
read: The following area is a safety zone:
The waters of Lake Michigan within
Chicago Harbor bounded by coordinates
beginning at 41°53′26.5″ N, 087°35′26.5″
W; then south to 41°53′7.6″ N,
087°35′26.3″ W; then west to 41°53′7.6″
N, 087°36′23.2″ W; then north to
41°53′26.5″ N, 087°36′24.6″ W; then east
back to the point of origin (NAD 83).
The Captain of the Port Lake
Michigan will use all appropriate means
to notify the public when the safety
zone established by this rule will be
enforced. Consistent with 33 CFR
165.7(a), such means may include,
among other things, publication in the
Federal Register, Broadcast Notice to
Mariners, or Local Notice to Mariners.
Entry into, transiting, or anchoring
within this safety zone during the
period of enforcement is prohibited
unless authorized by the Captain of the
Port, Lake Michigan, or his or her
designated on-scene representative. The
Captain of the Port, Lake Michigan, or
his or her designated on-scene
representative may be contacted via
VHF Channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
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executive orders related to rulemaking.
Below we summarize our analyses
based on 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, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security.
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 in short
periods immediately before, during, and
after the time the displays and events
occur. Also, this safety zone is designed
to minimize its impact on navigable
waters. Furthermore, the safety zone has
been designed to allow vessels to transit
portions of the waterways not affected
by the safety zone. Thus, restrictions on
vessel movements within that particular
area are expected to be minimal. Under
certain conditions, moreover, vessels
may still transit through the safety zone
when permitted by the Captain of the
Port, Lake Michigan. On the whole, the
Coast Guard expects insignificant
adverse impact to mariners from the
activation of this safety zone.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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 would 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
portions of Chicago Harbor when this
safety zone is being enforced.
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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 so that they can
better evaluate its effects on them and
participate in the rulemaking process. If
this 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 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.
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
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
4. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
11. Indian Tribal Governments
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5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it 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
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.
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
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8. Taking of Private Property
This rule would not affect 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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
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
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42867
have determined that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone and thus,
is categorically excluded under
paragraph (34)(g) of the Instruction. An
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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
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. Revise § 165.931 to read as follows:
§ 165.931 Safety Zone; Chicago Harbor,
Navy Pier Southeast, Chicago, IL.
(a) Location. The following area is a
safety zone: The waters of Lake
Michigan within Chicago Harbor
bounded by coordinates beginning at
41°53′26.5″ N, 087°35′26.5″ W; then
south to 41°53′7.6″ N, 087°35′26.3″ W;
then west to 41°53′7.6″ N, 087°36′23.2″
W; then north to 41°53′26.5″ N,
087°36′24.6″ W then east back to the
point of origin (NAD 83).
(b) Definitions. The following
definitions apply to this section:
(1) Designated representative means
any Coast Guard Commissioned,
warrant, or petty officer designated by
the Captain of the Port, Lake Michigan
to monitor a safety zone, permit entry
into the zone, give legally enforceable
orders to persons or vessels within the
zone, and take other actions authorized
by the Captain of the Port.
(2) Public vessel means vessels
owned, chartered, or operated by the
United States, or by a State or political
subdivision thereof.
(c) Regulations. (1) In accordance with
the general regulations in 33 CFR
165.23, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port, Lake Michigan, or
his designated representative.
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(2) This safety zone is closed to all
vessel traffic, excepted as may be
permitted by the Captain of the Port,
Lake Michigan or his designated
representative. All persons and vessels
must comply with the instructions of
the Coast Guard Captain of the Port or
his designated representative. Upon
being hailed by the U.S. Coast Guard by
siren, radio, flashing light or other
means, the operator of a vessel shall
proceed as directed.
(3) All vessels must obtain permission
from the Captain of the Port or his
designated representative to enter, move
within, or exit the safety zone
established in this section when this
safety zone is enforced. Vessels and
persons granted permission to enter the
safety zone must obey all lawful orders
or directions of the Captain of the Port
or a designated representative.
(d) Notice of Enforcement or
Suspension of Enforcement. The safety
zone established by this section will be
enforced only upon notice of the
Captain of the Port. The Captain of the
Port will cause notice of enforcement of
the safety zone established by this
section to be made by all appropriate
means to the affected segments of the
public including publication in the
Federal Register as practicable, in
accordance with 33 CFR 165.7(a). Such
means of notification may also include,
but are not limited to Broadcast Notice
to Mariners or Local Notice to Mariners.
(e) Exemption. Public vessels, as
defined in paragraph (b) of this section,
are exempt from the requirements in
this section.
(f) Waiver. For any vessel, the Captain
of the Port Lake Michigan or his
designated representative may waive
any of the requirements of this section,
upon finding that operational
conditions or other circumstances are
such that application of this section is
unnecessary or impractical for the
purposes of public or environmental
safety.
Dated: July 1, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
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[FR Doc. 2013–17108 Filed 7–17–13; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF EDUCATION
Rehabilitation Research and Training
Centers
34 CFR Chapter III
The purpose of the RRTCs, which are
funded through the Disability and
Rehabilitation Research Projects and
Centers Program, is to achieve the goals
of, and improve the effectiveness of
services authorized under, the
Rehabilitation Act through advanced
research, training, technical assistance,
and dissemination activities in general
problem areas, as specified by NIDRR.
These activities are designed to benefit
rehabilitation service providers,
individuals with disabilities, and the
family members or other authorized
representatives of individuals with
disabilities. Additional information on
the RRTC program can be found at:
www.ed.gov/rschstat/research/pubs/resprogram.html#RRTC.
Program Authority: 29 U.S.C. 762(g)
and 764(b)(2).
Applicable Program Regulations: 34
CFR part 350.
We published a notice of proposed
priority in the Federal Register on May
15, 2013 (78 FR 28543). That notice
contained background information and
our reasons for proposing the priority.
There are differences between the
proposed priority and the final priority
as discussed under Analysis of
Comments and Changes.
Public Comment: In response to our
invitation in the notice of proposed
priority, two parties submitted
comments on the proposed priority.
Generally, we do not address
technical and other minor changes or
suggested changes the law does not
authorize us to make under the
applicable statutory authority. In
addition, we do not address general
comments that raised concerns not
directly related to the proposed priority.
Analysis of Comments and Changes:
An analysis of the comments and of any
changes in the priority since publication
of the proposed priority follows.
Comment: One commenter noted that
there are few Federal and State efforts
to collect data on long-term services and
supports for individuals with
disabilities, relative to data collection
efforts that focus on acute health care
services. In this context, the commenter
recommended that NIDRR expand
paragraph (a) to require the RRTC to
work with NIDRR and the
Administration for Community Living
to propose and develop new data
resources, such as additional measures
to be included in existing surveys, or to
create new data sets and surveys.
Discussion: NIDRR agrees with the
commenter that additional data
resources are needed in the area of long-
[CFDA Number: 84.133B–11]
Final Priority; National Institute on
Disability and Rehabilitation
Research—Rehabilitation Research
and Training Centers
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services announces a priority for the
Disability and Rehabilitation Research
Projects and Centers Program
administered by the National Institute
on Disability and Rehabilitation
Research (NIDRR). Specifically, we
announce a priority for a Rehabilitation
Research and Training Center (RRTC) on
Community Living Policy. The Assistant
Secretary may use this priority for
competitions in fiscal year (FY) 2013
and later years. We take this action to
focus research attention on areas of
national need. We intend this priority to
improve outcomes among individuals
with disabilities.
DATES: Effective Date: This priority is
effective August 19, 2013.
FOR FURTHER INFORMATION CONTACT:
Marlene Spencer, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5133, PCP, Washington, DC
20202–2700. Telephone: (202) 245–7532
or by email: marlene.spencer@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Purpose of Program: The purpose of
the Disability and Rehabilitation
Research Projects and Centers Program
is to plan and conduct research,
demonstration projects, training, and
related activities, including
international activities, to develop
methods, procedures, and rehabilitation
technology that maximize the full
inclusion and integration into society,
employment, independent living, family
support, and economic and social selfsufficiency of individuals with
disabilities, especially individuals with
the most severe disabilities, and to
improve the effectiveness of services
authorized under the Rehabilitation Act
of 1973, as amended (Rehabilitation
Act).
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]]>Agencies
[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Rules and Regulations]
[Pages 42865-42868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17108]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0320]
RIN 1625-AA00
Safety Zone; Chicago Harbor; Navy Pier Southeast; Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the safety zone for Chicago
Harbor, Navy Pier Southeast, Chicago, IL. This safety zone is intended
to restrict vessels from a portion of Chicago Harbor during fireworks
displays, races, and other marine events that occur throughout each
calendar year. The safety zone established by this rule is necessary to
protect spectators, participants, and vessels from the hazards
associated with these fireworks displays, boat races, and other events.
DATES: This final rule is effective August 19, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0320. 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 MST1 Joseph McCollum, Prevention Department, Coast Guard Sector
Lake Michigan, Milwaukee, WI at (414) 747-7148 or by email at
Joseph.P.McCollum@USCG.mil. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, 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
On May 21, 2013, The Coast Guard published a notice of proposed
rulemaking entitled ``Safety Zone; Chicago Harbor, Navy Pier SE.,
Chicago IL'' in the Federal Register (78 FR 29680). We did not receive
any comments in response to the proposed rule. No public meeting was
requested and one was not held.
B. Basis and Purpose
Each year dozens of fireworks displays are launched from barges in
positions just south of the Navy Pier in Chicago. These fireworks
displays, along with other marine events, take place on a monthly and
sometimes weekly basis. The Captain of the Port, Lake Michigan, has
determined that these fireworks displays and other events such as races
or air shows pose a significant risk to public safety and property.
Such hazards include falling debris and collisions among spectator
vessels. To address these hazards the Coast Guard established a
permanent safety zone for the protection of spectators during these
displays and events in 33 CFR 165.931. This year, however, the Coast
Guard was informed by Melrose Pyrotechnics that a new launch position
will be used for some of the fireworks displays. This new position
launches a display from a break wall south of the Navy Pier and would
impact portions of Chicago Harbor hundreds of feet beyond the
boundaries of the zone as it is currently listed. To address this new
launch position, and to ensure safety of spectators and vessels, this
rule extends the boundaries of the safety zone within 33 CFR 165.931.
C. Discussion of Comments, Changes and the Final Rule
The Captain of the Port, Lake Michigan, has determined that a
safety zone is necessary to mitigate the aforementioned safety risks.
Thus, this rule amends 33 CFR 165.931 and establishes a permanent
safety zone on Lake Michigan within Chicago harbor. This rule amends 33
CFR 165.931 to read: The following area is a safety zone: The waters of
Lake Michigan within Chicago Harbor bounded by coordinates beginning at
41[deg]53'26.5'' N, 087[deg]35'26.5'' W; then south to 41[deg]53'7.6''
N, 087[deg]35'26.3'' W; then west to 41[deg]53'7.6'' N,
087[deg]36'23.2'' W; then north to 41[deg]53'26.5'' N,
087[deg]36'24.6'' W; then east back to the point of origin (NAD 83).
The Captain of the Port Lake Michigan will use all appropriate
means to notify the public when the safety zone established by this
rule will be enforced. Consistent with 33 CFR 165.7(a), such means may
include, among other things, publication in the Federal Register,
Broadcast Notice to Mariners, or Local Notice to Mariners.
Entry into, transiting, or anchoring within this safety zone during
the period of enforcement is prohibited unless authorized by the
Captain of the Port, Lake Michigan, or his or her designated on-scene
representative. The Captain of the Port, Lake Michigan, or his or her
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 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, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security. 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 in short periods immediately
before, during, and after the time the displays and events occur. Also,
this safety zone is designed to minimize its impact on navigable
waters. Furthermore, the safety zone has been designed to allow vessels
to transit portions of the waterways not affected by the safety zone.
Thus, restrictions on vessel movements within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port, Lake Michigan. On the whole, the Coast Guard expects
insignificant adverse impact to mariners from the activation of this
safety zone.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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
would 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 portions of Chicago Harbor when this
safety zone is being enforced.
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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 so that they can better evaluate
its effects on them and participate in the rulemaking process. If this
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 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 calls for no 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 State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it 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
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.
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 would 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 would not affect 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 would not create an
environmental risk to health or risk to safety that might
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 which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and
thus, is categorically excluded under paragraph (34)(g) of the
Instruction. An environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES.
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. Revise Sec. 165.931 to read as follows:
Sec. 165.931 Safety Zone; Chicago Harbor, Navy Pier Southeast,
Chicago, IL.
(a) Location. The following area is a safety zone: The waters of
Lake Michigan within Chicago Harbor bounded by coordinates beginning at
41[deg]53'26.5'' N, 087[deg]35'26.5'' W; then south to 41[deg]53'7.6''
N, 087[deg]35'26.3'' W; then west to 41[deg]53'7.6'' N,
087[deg]36'23.2'' W; then north to 41[deg]53'26.5'' N,
087[deg]36'24.6'' W then east back to the point of origin (NAD 83).
(b) Definitions. The following definitions apply to this section:
(1) Designated representative means any Coast Guard Commissioned,
warrant, or petty officer designated by the Captain of the Port, Lake
Michigan to monitor a safety zone, permit entry into the zone, give
legally enforceable orders to persons or vessels within the zone, and
take other actions authorized by the Captain of the Port.
(2) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
(c) Regulations. (1) In accordance with the general regulations in
33 CFR 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port, Lake
Michigan, or his designated representative.
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(2) This safety zone is closed to all vessel traffic, excepted as
may be permitted by the Captain of the Port, Lake Michigan or his
designated representative. All persons and vessels must comply with the
instructions of the Coast Guard Captain of the Port or his designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
(3) All vessels must obtain permission from the Captain of the Port
or his designated representative to enter, move within, or exit the
safety zone established in this section when this safety zone is
enforced. Vessels and persons granted permission to enter the safety
zone must obey all lawful orders or directions of the Captain of the
Port or a designated representative.
(d) Notice of Enforcement or Suspension of Enforcement. The safety
zone established by this section will be enforced only upon notice of
the Captain of the Port. The Captain of the Port will cause notice of
enforcement of the safety zone established by this section to be made
by all appropriate means to the affected segments of the public
including publication in the Federal Register as practicable, in
accordance with 33 CFR 165.7(a). Such means of notification may also
include, but are not limited to Broadcast Notice to Mariners or Local
Notice to Mariners.
(e) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
(f) Waiver. For any vessel, the Captain of the Port Lake Michigan
or his designated representative may waive any of the requirements of
this section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of public or environmental safety.
Dated: July 1, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-17108 Filed 7-17-13; 8:45 am]
BILLING CODE 9110-04-P
