Safety Zone; South Branch of the Chicago River and Chicago Sanitary and Ship Canal, Chicago, IL, Tough Cup, 19331-19333 [2017-08482]
Download as PDF
Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Proposed Rules
552; § 200.5 also issued under 5 U.S.C. 552a;
§ 200.6 also issued under 5 U.S.C. 552b; and
§ 200.7 also issued under 31 U.S.C. 3717.
2. Section 200.1 is amended by
revising paragraph (b) to read as follows:
■
§ 200.1 Designation of central and field
organization.
nlaroche on DSK30NT082PROD with PROPOSALS
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(b) Internal organization. (1)
Reporting directly to the Board
Members is the seven member Executive
Committee. The Executive Committee is
comprised of the General Counsel, the
Director of Administration, the Director
of Programs, the Chief Financial Officer,
the Chief Information Officer, and the
Director of Field Service. The Chief
Actuary is a non-voting member. The
Board members will designate a member
of the Executive Committee as Senior
Executive Officer.
(2) The Executive Committee is
responsible for the day to day
operations of the agency. The Senior
Executive Officer is responsible for the
direction and oversight of the Executive
Committee. The General Counsel is
responsible for advising the Board
Members on major issues, interpreting
the Acts and regulations administered
by the Board, drafting and analyzing
legislation, representing the Board in
litigation and administrative forums and
planning, directing, and coordinating
the work of the Office of General
Counsel, the Office of Secretary to the
Board, the Bureau of Hearings and
Appeals, and the Office of Legislative
Affairs through their respective
directors. The Director of Programs is
responsible for managing, coordinating,
and controlling the program operations
of the agency which carry out
provisions of the Railroad Retirement
and Railroad Unemployment Insurance
Acts. The Director of Administration is
responsible for managing, coordinating
and controlling certain administrative
operations of the Board including the
Division of Acquisition Management,
the Bureau of Human Resources, the
Office of Public Affairs, and the
Division of Real Property Management.
The Chief Financial Officer is
responsible for the financial
management of the agency, and the
Chief Information Officer is responsible
for coordinating the agency’s
information resources management
program. The Chief Actuary is
responsible for the actuarial program of
the Board, and for maintaining
statistical and financial information.
The Director of Field Services is
responsible for the oversight of the
agency’s nationwide field offices.
(3) The Office of Equal Employment
Opportunity is responsible for equal
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employment opportunity and
affirmative employment programs.
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By Authority of the Board.
Martha P. Rico,
Secretary to the Board.
[FR Doc. 2017–07893 Filed 4–26–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2017–0197]
RIN 1625–AA00
Safety Zone; South Branch of the
Chicago River and Chicago Sanitary
and Ship Canal, Chicago, IL, Tough
Cup
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
South Branch of the Chicago River and
the Chicago Sanitary and Ship Canal,
Chicago, IL. This action is necessary to
protect spectators, participants, and
vessels from the hazards associated with
the Tough Cup, a crew regatta event.
This proposed rulemaking would
prohibit persons and vessels from being
in the safety zone unless authorized by
the Captain of the Port Lake Michigan.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 30, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0197 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email LT Lindsay
Cook, Marine Safety Unit Chicago, U.S.
Coast Guard; telephone (630) 986–2155,
email Lindsay.N.Cook@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
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Fmt 4702
Sfmt 4702
U.S.C.
19331
United States Code
II. Background, Purpose, and Legal
Basis
On November 16, 2016, the Coast
Guard received an Application for
Marine Event for the Tough Cup event
to be held on the South Branch of the
Chicago River and the Chicago Sanitary
and Ship Canal between the South
Pulaski Road Bridge and the South
Halsted Street Bridge. This event
involves high performance rowing
shells and sculls that range in size from
27 feet to 65 feet in length and oars out
to 25 feet in width to race on a course
along the South Branch of the Chicago
River and the Chicago Sanitary and Ship
Canal. The Captain of the Port Lake
Michigan has determined that the
potential hazards associated with this
event would be a safety concern for
participants as well as recreational and
commercial traffic in or around the
course where the event will take place.
This purpose of the rulemaking is to
ensure the safety of vessels, persons and
the navigable waters immediately
before, during, and immediately after
the scheduled event. The specific
hazards include collisions among event
participants, recreational traffic, and
commercial traffic that may cause injury
or marine casualties. The legal basis for
this proposed 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.
III. Discussion of Proposed Rule
The Captain of the Port Lake
Michigan proposes to establish a safety
zone on all waters of the South Branch
of the Chicago River and the Chicago
Sanitary and Ship Canal between the
South Pulaski Road Bridge and the
South Halsted Street Bridge. This safety
zone will be enforced from 7:00 a.m. to
2:00 p.m. on September 30, 2017. The
safety zone enforcement times are
intended to ensure the safety of persons
and vessels immediately before, during
and immediately after the event.
The Captain of the Port Lake
Michigan has determined that the safety
zone in this proposed rule is necessary
to ensure the safety of vessels and
people during this event. The safety
zone in this proposed rule will be
enforced for seven hours on September
30, 2017.
The Captain of the Port Lake
Michigan will notify the public that the
zone in this proposal will be enforced
by all appropriate means to the affected
segments of the public, including
publication in the Federal Register, as
practicable, in accordance with 33 CFR
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Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Proposed Rules
165.7(a). Such means of notification will
include, but are not limited to,
Broadcast Notice to Mariners or Local
Notice to Mariners.
All persons and vessels must comply
with the instructions of the Coast Guard
Captain of the Port Lake Michigan or his
or her designated representative. Entry
into, transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port or
his or her designated representative.
The Captain of the Port or his or her
designated representative may be
contacted via VHF Channel 16.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of the statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
nlaroche on DSK30NT082PROD with PROPOSALS
A. Regulatory Planning and Review
Executive Orders 12866 (‘‘Regulatory
Planning and Review’’) and 13563
(‘‘Improving Regulation and Regulatory
Review’’) direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 (‘‘Reducing Regulation and
Controlling Regulatory Costs’’), directs
agencies to reduce regulation and
control regulatory costs and provides
that ‘‘for every one new regulation
issued, at least two prior regulations be
identified for elimination, and that the
cost of planned regulations be prudently
managed and controlled through a
budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, the Office of Management
and Budget (OMB) has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017 titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017). A regulatory
analysis (RA) follows.
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Jkt 241001
We conclude that this proposed 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
short duration on the one day this rule
will be in effect to ensure safety of
spectators and participants at this
scheduled event. Moreover, the Coast
Guard would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the safety zone, and the rule
would allow vessels to seek permission
to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
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C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination 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 proposed rule
E:\FR\FM\27APP1.SGM
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Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Proposed Rules
involves amendments to navigation
regulations and establishment of a safety
zone. Normally such actions are
categorically excluded from further
review under section 2.B.2, and figure
2–1, paragraph 34(g) of the Instruction.
A preliminary Record of Environmental
Consideration (REC) supporting this
determination is available in the docket
where indicated under the ADDRESSES
section of this preamble. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
nlaroche on DSK30NT082PROD with PROPOSALS
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
Web site’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
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14:38 Apr 26, 2017
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19333
when comments are posted or a final
rule is published.
Captain of the Port Lake Michigan, or an
on-scene representative.
List of Subjects in 33 CFR Part 165
Dated: April 20, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0197 to read as
follows:
■
§ 165. T09–0197 Safety Zone; South
Branch of the Chicago River and the
Chicago Sanitary and Ship Canal, Chicago,
IL, Tough Cup.
(a) Location. All waters of the South
Branch of the Chicago River and the
Chicago Sanitary and Ship Canal
between the South Pulaski Road Bridge
and the South Halsted Street Bridge are
designated as a safety zone.
(b) Effective and Enforcement Period.
This rule will be effective from 7:00 a.m.
to 2:00 p.m. on September 30, 2017 and
will be enforced from 7:00 a.m. to 2:00
p.m. on September 30, 2017.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
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 shall
contact the Captain of the Port Lake
Michigan or an on-scene representative
to obtain permission to do so. The
Captain of the Port Lake Michigan or 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
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[FR Doc. 2017–08482 Filed 4–26–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2017–0092; FRL–9961–98–
Region 9]
Approval and Promulgation of Air
Quality Implementation Plans; Arizona;
Regional Haze State and Federal
Implementation Plans
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
source-specific revision to the Arizona
state implementation plan (SIP) that
provides an alternative to Best Available
Retrofit Technology (BART) for the
Coronado Generating Station
(‘‘Coronado’’), owned and operated by
the Salt River Project Agricultural
Improvement and Power District. The
EPA proposes to find that the BART
alternative for Coronado would provide
greater reasonable progress toward
natural visibility conditions than BART,
in accordance with the requirements of
the Clean Air Act and the EPA’s
Regional Haze Rule. In conjunction with
this proposed approval, we propose to
withdraw those portions of the federal
implementation plan (FIP) that address
BART for Coronado. We also propose to
codify the removal of those portions of
the Arizona SIP that have either been
superseded by previously approved
revisions to the Arizona SIP or would be
superseded by final approval of the SIP
revision for Coronado.
DATES: Written comments must be
submitted on or before June 12, 2017.
Requests for public hearing must be
received on or before May 12, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–0092 at https://
www.regulations.gov, or via email to
Krishna Viswanathan at
viswanathan.krishna@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be removed or edited
from Regulations.gov. For either manner
SUMMARY:
E:\FR\FM\27APP1.SGM
27APP1
Agencies
[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)]
[Proposed Rules]
[Pages 19331-19333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08482]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2017-0197]
RIN 1625-AA00
Safety Zone; South Branch of the Chicago River and Chicago
Sanitary and Ship Canal, Chicago, IL, Tough Cup
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the South Branch of the Chicago River and the Chicago Sanitary and
Ship Canal, Chicago, IL. This action is necessary to protect
spectators, participants, and vessels from the hazards associated with
the Tough Cup, a crew regatta event. This proposed rulemaking would
prohibit persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Lake Michigan.
DATES: Comments and related material must be received by the Coast
Guard on or before May 30, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0197 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Lindsay Cook, Marine Safety Unit
Chicago, U.S. Coast Guard; telephone (630) 986-2155, email
Lindsay.N.Cook@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On November 16, 2016, the Coast Guard received an Application for
Marine Event for the Tough Cup event to be held on the South Branch of
the Chicago River and the Chicago Sanitary and Ship Canal between the
South Pulaski Road Bridge and the South Halsted Street Bridge. This
event involves high performance rowing shells and sculls that range in
size from 27 feet to 65 feet in length and oars out to 25 feet in width
to race on a course along the South Branch of the Chicago River and the
Chicago Sanitary and Ship Canal. The Captain of the Port Lake Michigan
has determined that the potential hazards associated with this event
would be a safety concern for participants as well as recreational and
commercial traffic in or around the course where the event will take
place.
This purpose of the rulemaking is to ensure the safety of vessels,
persons and the navigable waters immediately before, during, and
immediately after the scheduled event. The specific hazards include
collisions among event participants, recreational traffic, and
commercial traffic that may cause injury or marine casualties. The
legal basis for this proposed 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.
III. Discussion of Proposed Rule
The Captain of the Port Lake Michigan proposes to establish a
safety zone on all waters of the South Branch of the Chicago River and
the Chicago Sanitary and Ship Canal between the South Pulaski Road
Bridge and the South Halsted Street Bridge. This safety zone will be
enforced from 7:00 a.m. to 2:00 p.m. on September 30, 2017. The safety
zone enforcement times are intended to ensure the safety of persons and
vessels immediately before, during and immediately after the event.
The Captain of the Port Lake Michigan has determined that the
safety zone in this proposed rule is necessary to ensure the safety of
vessels and people during this event. The safety zone in this proposed
rule will be enforced for seven hours on September 30, 2017.
The Captain of the Port Lake Michigan will notify the public that
the zone in this proposal will be enforced by all appropriate means to
the affected segments of the public, including publication in the
Federal Register, as practicable, in accordance with 33 CFR
[[Page 19332]]
165.7(a). Such means of notification will include, but are not limited
to, Broadcast Notice to Mariners or Local Notice to Mariners.
All persons and vessels must comply with the instructions of the
Coast Guard Captain of the Port Lake Michigan or his or her designated
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port or his
or her designated representative. The Captain of the Port or his or her
designated representative may be contacted via VHF Channel 16.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of the statutes and Executive Orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it. As this rule is not a significant regulatory action,
this rule is exempt from the requirements of Executive Order 13771. See
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of
the Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017). A regulatory
analysis (RA) follows.
We conclude that this proposed 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 short duration on the one
day this rule will be in effect to ensure safety of spectators and
participants at this scheduled event. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the safety zone, and the rule would allow vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule
[[Page 19333]]
involves amendments to navigation regulations and establishment of a
safety zone. Normally such actions are categorically excluded from
further review under section 2.B.2, and figure 2-1, paragraph 34(g) of
the Instruction. A preliminary Record of Environmental Consideration
(REC) supporting this determination is available in the docket where
indicated under the ADDRESSES section of this preamble. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T09-0197 to read as follows:
Sec. 165. T09-0197 Safety Zone; South Branch of the Chicago River and
the Chicago Sanitary and Ship Canal, Chicago, IL, Tough Cup.
(a) Location. All waters of the South Branch of the Chicago River
and the Chicago Sanitary and Ship Canal between the South Pulaski Road
Bridge and the South Halsted Street Bridge are designated as a safety
zone.
(b) Effective and Enforcement Period. This rule will be effective
from 7:00 a.m. to 2:00 p.m. on September 30, 2017 and will be enforced
from 7:00 a.m. to 2:00 p.m. on September 30, 2017.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Lake Michigan or a designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or a designated
on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port Lake
Michigan is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Lake Michigan to act on
his or her behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Lake Michigan or an on-scene
representative to obtain permission to do so. The Captain of the Port
Lake Michigan or 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 20, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2017-08482 Filed 4-26-17; 8:45 am]
BILLING CODE 9110-04-P