Safety Zone; Floating Construction Platform, Chicago River, Chicago, IL, 24816-24819 [2015-10215]
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Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The
Office of Management and Budget has
not reviewed it under those Orders.
The Coast Guard does not consider
this rule to be ‘‘significant’’ under that
Order because it is an administrative
change and does not affect the way
vessels operate on the waterway.
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.
This rule will have no effect on small
entities since this drawbridge has been
removed and the regulation governing
draw operations for this bridge is no
longer applicable. There is no new
restriction or regulation being imposed
by this rule; therefore, the Coast Guard
certifies under 5 U.S.C. 605(b) that this
final rule will not have a significant
economic impact on a substantial
number of small entities.
3. 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).
mstockstill on DSK4VPTVN1PROD with RULES
4. 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
have determined that it does not have
implications for federalism.
5. 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.
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15:47 Apr 30, 2015
Jkt 235001
6. 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.
7. 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.
8. 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.
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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
removing 33 CFR 117.1089(b) from the
regulations. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
9. 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 might
disproportionately affect children.
■
10. 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.
Dated: April 20, 2015.
F.M. Midgette,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
11. 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.
33 CFR Part 165
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
AGENCY:
13. Environment
We have analyzed this rule under
Department of Homeland Security
PO 00000
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1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
§ 117.1089
[Amended]
2. In § 117.1089 remove and reserve
paragraph (b).
■
[FR Doc. 2015–10238 Filed 4–30–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2015–0333]
RIN 1625–AA00
Safety Zone; Floating Construction
Platform, Chicago River, Chicago, IL
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone on
the South Branch of the Chicago River,
Chicago, Illinois. This temporary safety
zone is intended to restrict vessels from
a designated portion of the South
SUMMARY:
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01MYR1
Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations
Branch of the Chicago River due to the
transit of a floating construction
platform on April 26, 2015, or
alternatively on a later date. This
temporary safety zone is necessary to
protect the surrounding public and
vessels from the hazards associated with
the transit of the floating construction
platform.
DATES: This rule is effective from May
1, 2015 until May 9, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0333. 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 MST1 John Ng, U.S. Coast
Guard Marine Safety Unit Chicago, at
(630) 986–2122 or John.H.Ng@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
mstockstill on DSK4VPTVN1PROD with RULES
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
public interest. On April 22, 2015, the
Coast Guard established a temporary
safety zone to accommodate the transit
of the floating construction platform,
which was scheduled for April 19, 2015
VerDate Sep<11>2014
15:47 Apr 30, 2015
Jkt 235001
(USCG–2015–0277). However, we
recently learned that scheduled transit
would be postponed to April 26, 2015.
We did not know of this change and the
final details for this event 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 participants, spectators and
vessels from the hazards associated with
this operation, which are discussed
further 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 this 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.
On April 26, 2015, or alternatively on
a later date on or prior to May 9, 2015,
a floating construction platform will
transit up the South Branch of the
Chicago River, Chicago, Illinois from the
Canal Street Bridge to the Lake Street
Bridge. The Captain of the Port Lake
Michigan has determined that the
transit of the floating construction
platform poses a significant risk to
public safety and property. Such
hazards include limited
maneuverability and restricted visibility
associated with the transit of a floating
construction platform.
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 the
transit of the floating construction
platform on the South Branch of the
Chicago River. This rule was enforced
from 5:00 a.m. to 12:00 p.m. on April
26, 2015. However, enforcement may
occur on a later date within this
effective period due to an unanticipated
delay. In the event of a postponement,
advanced notice of the enforcement
time will be provided through Broadcast
Notice to Mariners. The safety zone will
encompass all waters of South Branch of
the Chicago River, Chicago, IL, from the
Canal Street Bridge to the Lake Street
Bridge.
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24817
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.
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 only
impact a small area of the Chicago River
and will be enforced for an estimated
period of seven hours on one day
between April 25, 2015 and May 9,
2015. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port or a
designated on-scene representative.
2. Impact on 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. 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
the affected portion of the South Branch
of the Chicago River between 5:00 a.m.
and 12:00 p.m. on April 26, 2015, or
alternatively on a later date.
This safety zone will not have a
significant economic impact on a
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Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations
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 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. 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 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).
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.
mstockstill on DSK4VPTVN1PROD with RULES
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
15:47 Apr 30, 2015
Jkt 235001
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
5. Federalism
VerDate Sep<11>2014
jeopardizing the safety or security of
people, places or vessels.
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.
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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 record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.T09–0333 to read as
follows:
■
§ 165.T09–0333 Safety Zone; Floating
Construction Platform, Chicago River,
Chicago, IL.
(a) Location. All waters of the South
Branch of the Chicago River, Chicago,
IL, from Canal Street Bridge to Lake
Street Bridge.
(b) Effective and Enforcement Period.
This rule is effective from May 1, 2015
until May 9, 2015. This rule was
enforced on April 26, 2015, by actual
notice. This rule may be enforced by
actual or constructive notice after
publication until May 9, 2015.
(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
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Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations
authorized by the Captain of the Port
Lake Michigan or a designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Lake Michigan or a designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port
Lake Michigan to act on his or her
behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Lake
Michigan or an on-scene representative
to obtain permission to do so. The
Captain of the Port Lake Michigan or an
on-scene representative may be
contacted via VHF Channel 16. 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: April 22, 2015.
K.M. Moser,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Lake Michigan.
[FR Doc. 2015–10215 Filed 4–30–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 63
RIN 2900–AO71
Health Care for Homeless Veterans
Program
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) amends its medical
regulations concerning eligibility for the
Health Care for Homeless Veterans
(HCHV) program. The HCHV program
provides per diem payments to non-VA
community-based facilities that provide
housing, outreach services, case
management services, and rehabilitative
services, and may provide care and/or
treatment to homeless veterans who are
enrolled in or eligible for VA health
care. The rule modifies VA’s HCHV
regulations to conform to changes
enacted in the Honoring America’s
Veterans and Caring for Camp Lejeune
Families Act of 2012. Specifically, the
rule removes the requirement that
homeless veterans be diagnosed with a
serious mental illness or substance use
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:47 Apr 30, 2015
Jkt 235001
disorder to qualify for the HCHV
program. This change makes the
program available to all homeless
veterans who are enrolled in or eligible
for VA health care. The rule also
updates the definition of homeless to
match in part the one used by the
Department of Housing and Urban
Development (HUD). The rule further
clarifies that the services provided by
the HCHV program through non-VA
community-based providers must
include case management services,
including non-clinical case
management, as appropriate.
DATES: This final rule is effective June
1, 2015.
FOR FURTHER INFORMATION CONTACT:
Robert Hallett, Health Care for Homeless
Veterans Manager, c/o Bedford VA
Medical Center, Veterans Health
Administration, 200 Springs Road, Bldg.
17, Bedford, MA 01730; (781) 687–3187.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: The
HCHV program is authorized by section
2031 of title 38, United States Code
(U.S.C.), under which VA may provide
to eligible veterans outreach; care,
treatment, and rehabilitative services
(directly or by contract in communitybased treatment facilities, including
halfway houses); and therapeutic
transitional housing assistance, under
38 U.S.C. 2032, in conjunction with
work therapy under 38 U.S.C. 1718(a)–
(b). Under current regulations, only
veterans who are homeless, enrolled in
the VA health care system or eligible for
VA health care under title 38, Code of
Federal Regulations (CFR), § 17.36 or
17.37, and have a serious mental illness
and/or substance use disorder are
eligible for the program. 38 CFR 63.3(a).
In a document published in the
Federal Register on May 15, 2014 (79
FR 27826), VA proposed to amend part
63 of 38 CFR to remove the requirement
that homeless veterans must suffer from
a serious mental illness or substance use
disorder to be eligible for HCHV, to
modify the definition of the term
‘‘homeless’’ to match in part the
definition used by HUD, and to require
HCHV providers to offer case
management services to homeless
veterans, as appropriate. We provided a
60-day comment period, which ended
on July 14, 2014. We received seven
comments, all of which supported the
proposed changes to part 63.
One commenter stated that it is
shameful that homeless veterans have to
be diagnosed with an illness before they
can receive the benefits they have
earned through military service. Before
the enactment of Public Law 112–154,
§ 302, 126 Stat. 1164, 1184 (Aug. 6,
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24819
2012), VA only had authority to provide
HCHV services to veterans with serious
mental illness, including veterans who
are homeless. As amended, the law
authorizes VA to make services under
the HCHV program available to all
homeless veterans VA provides care and
services to, regardless of whether they
have a serious mental illness. VA fully
supports the change in law, and agrees
with the commenter that benefits for
homeless veterans provided through the
HCHV program should not be
predicated on a diagnosis of serious
mental illness. This regulation will
remove that requirement, thereby
allowing all eligible homeless veterans
to receive services. VA is not making a
change based on this comment.
Another commenter asked VA to
make the changes in the proposed rule,
stating that homeless veterans should be
provided resources through the HCHV
program regardless of whether or not
they have a mental illness. Another
commenter stated her wholehearted
support for the proposed amendment.
Another commenter stated the proposed
changes need to be passed. We
appreciate the commenters taking the
time to review this rulemaking.
Another commenter expressed
support for the rule and noted that the
proposed change could reduce the
social stigma many homeless veterans
who do not suffer from a serious mental
illness feel about seeking assistance to
address their homelessness. Another
commenter noted that removing the
requirement of a diagnosis for mental
illness would also help homeless
veterans with serious mental illness
access the program, as they may not
have been willing to acknowledge their
disability before. We agree and believe
that these changes will help more
homeless veterans, both those with and
without a serious mental illness, access
the health care services they need
through the HCHV program.
One commenter expressed support for
the proposed changes, but identified
two concerns. First, the commenter
urged VA to request increased funding
and resources to accommodate the
number of new enrollees that would be
eligible as a result of the proposed rule.
Second, the commenter stated their
concern that the proposed rule could
have the unintended effect of
disadvantaging homeless veterans with
a serious mental illness if HCHV
providers find that veterans without a
mental illness are easier to place or
receive the bulk of the services
available. While the first comment is
somewhat outside the scope of this rule,
VA will take into account the changes
made as a result of this rule when
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]]>Agencies
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Rules and Regulations]
[Pages 24816-24819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10215]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0333]
RIN 1625-AA00
Safety Zone; Floating Construction Platform, Chicago River,
Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
South Branch of the Chicago River, Chicago, Illinois. This temporary
safety zone is intended to restrict vessels from a designated portion
of the South
[[Page 24817]]
Branch of the Chicago River due to the transit of a floating
construction platform on April 26, 2015, or alternatively on a later
date. This temporary safety zone is necessary to protect the
surrounding public and vessels from the hazards associated with the
transit of the floating construction platform.
DATES: This rule is effective from May 1, 2015 until May 9, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0333. 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 MST1 John Ng, U.S. Coast Guard Marine Safety Unit
Chicago, at (630) 986-2122 or John.H.Ng@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 public interest. On April 22, 2015, the Coast Guard
established a temporary safety zone to accommodate the transit of the
floating construction platform, which was scheduled for April 19, 2015
(USCG-2015-0277). However, we recently learned that scheduled transit
would be postponed to April 26, 2015. We did not know of this change
and the final details for this event 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 participants,
spectators and vessels from the hazards associated with this operation,
which are discussed further 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 this 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.
On April 26, 2015, or alternatively on a later date on or prior to
May 9, 2015, a floating construction platform will transit up the South
Branch of the Chicago River, Chicago, Illinois from the Canal Street
Bridge to the Lake Street Bridge. The Captain of the Port Lake Michigan
has determined that the transit of the floating construction platform
poses a significant risk to public safety and property. Such hazards
include limited maneuverability and restricted visibility associated
with the transit of a floating construction platform.
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 the transit of the
floating construction platform on the South Branch of the Chicago
River. This rule was enforced from 5:00 a.m. to 12:00 p.m. on April 26,
2015. However, enforcement may occur on a later date within this
effective period due to an unanticipated delay. In the event of a
postponement, advanced notice of the enforcement time will be provided
through Broadcast Notice to Mariners. The safety zone will encompass
all waters of South Branch of the Chicago River, Chicago, IL, from the
Canal Street Bridge to the Lake Street Bridge.
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.
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 only
impact a small area of the Chicago River and will be enforced for an
estimated period of seven hours on one day between April 25, 2015 and
May 9, 2015. Under certain conditions, moreover, vessels may still
transit through the safety zone when permitted by the Captain of the
Port or a designated on-scene representative.
2. Impact on 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. 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 the affected portion of the South Branch of the
Chicago River between 5:00 a.m. and 12:00 p.m. on April 26, 2015, or
alternatively on a later date.
This safety zone will not have a significant economic impact on a
[[Page 24818]]
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 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. 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 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
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 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 record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 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.T09-0333 to read as follows:
Sec. 165.T09-0333 Safety Zone; Floating Construction Platform,
Chicago River, Chicago, IL.
(a) Location. All waters of the South Branch of the Chicago River,
Chicago, IL, from Canal Street Bridge to Lake Street Bridge.
(b) Effective and Enforcement Period. This rule is effective from
May 1, 2015 until May 9, 2015. This rule was enforced on April 26,
2015, by actual notice. This rule may be enforced by actual or
constructive notice after publication until May 9, 2015.
(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
[[Page 24819]]
authorized by the Captain of the Port Lake Michigan or a designated on-
scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or a designated
on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port Lake
Michigan is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Lake Michigan to act on
his or her behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Lake Michigan or an on-scene
representative to obtain permission to do so. The Captain of the Port
Lake Michigan or an on-scene representative may be contacted via VHF
Channel 16. 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: April 22, 2015.
K.M. Moser,
Commander, U.S. Coast Guard, Acting Captain of the Port, Lake Michigan.
[FR Doc. 2015-10215 Filed 4-30-15; 8:45 am]
BILLING CODE 9110-04-P
