Safety Zone; Chicago River, Chicago, IL, 26746-26749 [2017-11994]

Download as PDF 26746 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations the length of the span of the bridge. The PATH Bridge across the Hackensack River, mile 3.0, has a vertical clearance in the closed position of 40 feet at mean high water and 45 feet at mean low water. The existing bridge operating regulations are found at 33 CFR 117.723(b). Under this temporary deviation, the PATH Bridge shall remain in the closed position between 12:01 a.m. Saturday and 11:59 p.m. Sunday as follows: June 10–11, 24 –25; July 1–2, 8–9, 15– 16, 29–30; August 26–27; September 16–17; October 7–8, 14–15, 28–29; November 4–5, 11–12, 18–19; December 2–3, 2017. Additionally, the PATH Bridge shall remain in the closed position between 12:01 a.m. and 11:59 p.m. on the following Saturdays: June 17, August 5, 19; and October 21, 2017. The waterway is transited by commercial and recreational traffic. The Coast Guard notified known companies of the commercial vessels that transit the area, including the Sandy Hook Pilots and the local Tug/Tow Committee; there were no objections to this temporary deviation modification. Vessels able to pass under the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass. The Coast Guard will inform the users of the waterways through our Local Notice and Broadcast to Mariners of the change in operating schedule for the bridge so that vessel operations can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: June 5, 2017. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2017–11952 Filed 6–8–17; 8:45 am] jstallworth on DSK7TPTVN1PROD with RULES BILLING CODE 9110–04–P VerDate Sep<11>2014 14:27 Jun 08, 2017 Jkt 241001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2017–0369] Drawbridge Operation Regulation; Jamaica Bay, Queens, NY Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Marine Parkway (Gil Hodges) Bridge across Rockaway Inlet, mile 3.0, at Queens, NY. This action is necessary to complete bridge maintenance and repairs. This deviation allows the bridge to remain in the closed position. DATES: This modified deviation is effective without actual notice from June 9, 2017 through 11:59 p.m. on June 30, 2017. For the purposes of enforcement, actual notice will be used from May 13, 2017 at 5 p.m. until June 9, 2017. ADDRESSES: The docket for this deviation, USCG–2017–0369 is available at 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 deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email James M. Moore, Bridge Management Specialist, First District Bridge Branch, U.S. Coast Guard; telephone 212–514–4334, email james.m.moore2@uscg.mil. SUPPLEMENTARY INFORMATION: The Metropolitan Transportation Authority, owner of the bridge, requested a temporary deviation in order to facilitate replacement of lift span machinery. The Marine Parkway (Gil Hodges) Bridge across Rockaway Inlet, mile 3.0 at Queens, New York has a vertical clearance of 55 feet at mean high water and 59 feet at mean low water in the closed position. The existing drawbridge operating regulations are listed at 33 CFR 117.795(a). The temporary deviation will allow the Marine Parkway (Gil Hodges) Bridge to remain in the closed position from 5:01 p.m. May 13, 2017 to 11:59 p.m. June 30, 2017. The waterway is transited by seasonal recreational traffic as well as commercial vessels, largely tug and barge combinations. The 55 foot vertical SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 clearance while the bridge is in the closed position offers the bulk of commercial traffic sufficient room to transit the navigation opening of the structure even when in the closed position. Vessels that can pass under the bridge without an opening may do so at all times. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels unable to pass through the bridge when in the closed position. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by this temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: May 23, 2017. C.J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2017–12045 Filed 6–8–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0347] RIN 1625–AA00 Safety Zone; Chicago River, Chicago, IL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the Chicago River, Chicago, IL. This action is necessary and intended to ensure safety of life on the navigable waters of the United States immediately prior to, during, and after the filming of a motion picture from a low flying helicopter. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Lake Michigan. DATES: This rule will be effective from 7:45 a.m. on June 11, 2017 to 3:30 p.m. on June 25, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// SUMMARY: E:\FR\FM\09JNR1.SGM 09JNR1 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations www.regulations.gov, type USCG–2017– 0347 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email LT Lindsay Cook, Marine Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986–2155, email D09DG-MSUChicago-Waterways@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 § Section U.S.C. United States Code jstallworth on DSK7TPTVN1PROD with RULES II. Background Information and Regulatory History The Coast Guard is issuing this temporary 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 public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish a NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be impracticable because it would inhibit the Coast Guard’s ability to protect the public and vessels from the hazards associated with the filming from a low flying helicopter on June 11, 2017, June 17, 2017, and June 18, 2017, or alternate weather contingency dates of June 24, 2017 to June 25, 2017. We are issuing this rule, and 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. III. Legal Authority and Need for Rule The legal basis for the rule is the Coast Guard’s authority to establish safety zones: 33 U.S.C. 1231; 33 CFR VerDate Sep<11>2014 14:27 Jun 08, 2017 Jkt 241001 1.05–1, 160.5; Department of Homeland Security Delegation No. 0170.1. On June 11, 2017, June 17, 2017, and June 18, 2017, or alternate weather contingency dates of June 24, 2017 and June 25, 2017, filming from a low flying helicopter will take place on the Chicago River between the Columbus Drive Bridge on the Main Branch of the Chicago River, the Kinzie Street Bridge on the North Branch of the Chicago River, and the Randolph Street Highway Bridge on the South Branch of the Chicago River in Chicago, IL. The Captain of the Port Lake Michigan has determined that the filming from a low flying helicopter will pose a significant risk to public safety and property. Such hazards include rotor turbulence, strong gusts of air, and close proximity of any vessel on the Chicago River. IV. Discussion of the 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 the public during the filming from a low flying helicopter on the Chicago River. This safety zone will be enforced intermittently from 7:45 a.m. to 9:00 a.m. on June 11, 2017, 7:45 a.m. to 3:30 p.m. on June 17, 2017, and 7:45 a.m. to 3:30 p.m. on June 18, 2017, or alternate weather contingency dates of June 24, 2017 from 7:45 a.m. to 3:30 p.m. and June 25, 2017 from 7:45 a.m. to 3:30 p.m. This zone will encompass all waters of the Chicago River between the Columbus Drive Bridge on the Main Branch of the Chicago River, the Kinzie Street Bridge on the North Branch of the Chicago River, and the Randolph Street Highway Bridge on the South Branch of the Chicago River in Chicago, IL. 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. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 26747 necessary, to select regulatory approaches that maximize net benefits. Executive order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. 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). 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 intermittently from 7:45 a.m. to 9:00 a.m. on June 11, 2017, 7:45 a.m. to 3:30 p.m. on June 17, 2017, and 7:45 a.m. to 3:30 p.m. on June 18, 2017, or alternate weather contingency dates of June 24, 2017 from 7:45 a.m. to 3:30 p.m. and June 25, 2017 from 7:45 a.m. to 3:30 p.m. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. 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 rule will not have a significant economic impact on a substantial number of small entities. Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this temporary rule on small entities. This rule will affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit on a portion of the Chicago River from 7:45 a.m. to 9:00 a.m. on June 11, 2017, 7:45 a.m. to 3:30 p.m. on June 17, 2017, E:\FR\FM\09JNR1.SGM 09JNR1 26748 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations and 7:45 a.m. to 3:30 p.m. on June 18, 2017, or alternate weather contingency dates of June 24, 2017 from 7:45 a.m. to 3:30 p.m. and June 25, 2017 from 7:45 a.m. to 3:30 p.m. This safety zone will not have a significant economic impact on a substantial number of small entities for the reasons cited in the Regulatory Planning and Review section. Additionally, before the enforcement of the zone, we will issue local Broadcast Notice to Mariners and a notification in the Local Notice to Mariners Publication. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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. jstallworth on DSK7TPTVN1PROD with RULES C. 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). 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 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 rule does not have tribal implications under Executive order VerDate Sep<11>2014 14:27 Jun 08, 2017 Jkt 241001 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. If you believe this 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. 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 (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 for filming from a low flying helicopter on the Chicago River in Chicago, IL. It is categorically excluded from further review under section 2.B.2, Figure 2–1, paragraph 34(g) of the Instruction. A Record of Environmental Consideration (REC) supporting this determination is available in the docket where indicated under ADDRESSES section of this preamble. We seek any comments or information that may lead to the discovery of a significant environmental impact from this 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. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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; 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.T09–0347 to read as follows: ■ § 165.T09–0347 Safety zone; Chicago River, Chicago, IL. (a) Location. All waters of the Chicago River between the Columbus Drive Bridge on the Main Branch of the Chicago River, the Kinzie Street Bridge on the North Branch of the Chicago River, and the Randolph Street Highway Bridge on the South Branch of the Chicago River in Chicago, IL. (b) Effective and enforcement period. This rule will be effective from 7:45 a.m. on June 11, 2017 to 3:30 p.m. on June 25, 2017. This rule will be enforced intermittently from 7:45 a.m. to 9:00 a.m. on June 11, 2017, 7:45 a.m. to 3:30 p.m. on June 17, 2017, and 7:45 a.m. to 3:30 p.m. on June 18, 2017, or alternate weather contingency dates of June 24, 2017 from 7:45 a.m. to 3:30 p.m. and June 25, 2017 from 7:45 a.m. to 3:30 p.m. (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 E:\FR\FM\09JNR1.SGM 09JNR1 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations 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: June 2, 2017. A.B. Cocanour, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2017–11994 Filed 6–8–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2017–0416] RIN 1625–AA00 Safety Zone; Annual Event in the Captain of the Port Buffalo Zone— Thunder on the Niagara Hydroplane Boat Races Coast Guard, DHS. ACTION: Notice of enforcement of regulation. AGENCY: The Coast Guard will enforce certain safety zones located in the Code of Federal Regulations. This notice of enforcement includes the Thunder of the Niagara Hydroplane boat races. This action is necessary and intended for the safety of life and property on navigable waters during this event. During each enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo. DATES: The regulation in 33 CFR 165.939(a)(30) will be enforced on August 5 and 6, 2017 from 8:45 a.m. to 6:15 p.m. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo, 1 Fuhrmann Blvd. Buffalo, NY 14203; telephone 716–843–9322, email SectorBuffaloMarineSafety@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zone; Annual Event in the Captain of the Port Buffalo Zone listed in 33 CFR 165.939(a)(30) for the following event: (1) Thunder on the Niagara Hydroplane boat races, North Tonawanda, NY; The safety zone listed in 33 CFR 165.939(a)(30) will be enforced from 8:45 a.m. to 6:15 p.m. on August 5 and 6, 2017. jstallworth on DSK7TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:27 Jun 08, 2017 Jkt 241001 Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring within the safety zone during an enforcement period is prohibited unless authorized by the Captain of the Port Buffalo or his designated representative. Those seeking permission to enter the safety zone may request permission from the Captain of Port Buffalo via channel 16, VHF–FM. Vessels and persons granted permission to enter the safety zone shall obey the directions of the Captain of the Port Buffalo or his designated representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. This notice of enforcement is issued under authority of 33 CFR 165.939 and 5 U.S.C. 552(a). In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide the maritime community with advance notification of this enforcement period via Broadcast Notice to Mariners or Local Notice to Mariners. If the Captain of the Port Buffalo determines that the safety zone need not be enforced for the full duration stated in this notice he or she may use a Broadcast Notice to Mariners to grant general permission to enter the respective safety zone. Dated: June 5, 2017. J.S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2017–11953 Filed 6–8–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0248] RIN 1625–AA00 Safety Zone; Chincoteague Channel, Chincoteague Islands, VA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters of the Chincoteague Channel in the vicinity of Chincoteague Island, Virginia. The safety zone is needed to protect persons, vessels, and the marine environment from potential hazards created during a firework display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Hampton Roads. SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 26749 This rule is effective from 9:30 p.m. through 10:30 p.m. on July 1, 2017, or on July 8, 2017, if weather renders the primary date unsuitable. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0248 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Barbara Wilk, Waterways Management Division Chief, Sector Hampton Roads, U.S. Coast Guard, telephone 757–668–5580, email HamptonRoadsWaterway@uscg.mil. SUPPLEMENTARY INFORMATION: DATES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because information about the fireworks scheduled for July 1, 2017 was not received by the Coast Guard with sufficient time to allow for an opportunity to comment on the proposed rule. It is contrary to the public interest to publish an NPRM because immediate action is needed to ensure the safety of the fireworks participants, patrol vessels, and other vessels transiting the fireworks display area. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. A restriction on vessel traffic during the fireworks display scheduled for July 1, 2017 is necessary to protect life, property, and the environment; therefore, a 30-day notice is both impracticable and contrary to public E:\FR\FM\09JNR1.SGM 09JNR1

Agencies

[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Rules and Regulations]
[Pages 26746-26749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11994]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0347]
RIN 1625-AA00


Safety Zone; Chicago River, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Chicago River, Chicago, IL. This action is necessary and intended to 
ensure safety of life on the navigable waters of the United States 
immediately prior to, during, and after the filming of a motion picture 
from a low flying helicopter. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port Lake Michigan.

DATES: This rule will be effective from 7:45 a.m. on June 11, 2017 to 
3:30 p.m. on June 25, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://

[[Page 26747]]

www.regulations.gov, type USCG-2017-0347 in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LT Lindsay Cook, Marine Safety Unit Chicago, U.S. Coast 
Guard; telephone (630) 986-2155, email D09-DG-MSUChicago-Waterways@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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
final details for this event were not known to the Coast Guard until 
there was insufficient time remaining before the event to publish a 
NPRM. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable because it would inhibit 
the Coast Guard's ability to protect the public and vessels from the 
hazards associated with the filming from a low flying helicopter on 
June 11, 2017, June 17, 2017, and June 18, 2017, or alternate weather 
contingency dates of June 24, 2017 to June 25, 2017.
    We are issuing this rule, and 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.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    On June 11, 2017, June 17, 2017, and June 18, 2017, or alternate 
weather contingency dates of June 24, 2017 and June 25, 2017, filming 
from a low flying helicopter will take place on the Chicago River 
between the Columbus Drive Bridge on the Main Branch of the Chicago 
River, the Kinzie Street Bridge on the North Branch of the Chicago 
River, and the Randolph Street Highway Bridge on the South Branch of 
the Chicago River in Chicago, IL. The Captain of the Port Lake Michigan 
has determined that the filming from a low flying helicopter will pose 
a significant risk to public safety and property. Such hazards include 
rotor turbulence, strong gusts of air, and close proximity of any 
vessel on the Chicago River.

IV. Discussion of the 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 the public during the filming from a 
low flying helicopter on the Chicago River. This safety zone will be 
enforced intermittently from 7:45 a.m. to 9:00 a.m. on June 11, 2017, 
7:45 a.m. to 3:30 p.m. on June 17, 2017, and 7:45 a.m. to 3:30 p.m. on 
June 18, 2017, or alternate weather contingency dates of June 24, 2017 
from 7:45 a.m. to 3:30 p.m. and June 25, 2017 from 7:45 a.m. to 3:30 
p.m. This zone will encompass all waters of the Chicago River between 
the Columbus Drive Bridge on the Main Branch of the Chicago River, the 
Kinzie Street Bridge on the North Branch of the Chicago River, and the 
Randolph Street Highway Bridge on the South Branch of the Chicago River 
in Chicago, IL.
    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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive orders 12866 and 13563 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. Executive order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    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).
    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 intermittently from 7:45 a.m. to 9:00 
a.m. on June 11, 2017, 7:45 a.m. to 3:30 p.m. on June 17, 2017, and 
7:45 a.m. to 3:30 p.m. on June 18, 2017, or alternate weather 
contingency dates of June 24, 2017 from 7:45 a.m. to 3:30 p.m. and June 
25, 2017 from 7:45 a.m. to 3:30 p.m. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on small entities. This 
rule will affect the following entities, some of which might be small 
entities: the owners or operators of vessels intending to transit on a 
portion of the Chicago River from 7:45 a.m. to 9:00 a.m. on June 11, 
2017, 7:45 a.m. to 3:30 p.m. on June 17, 2017,

[[Page 26748]]

and 7:45 a.m. to 3:30 p.m. on June 18, 2017, or alternate weather 
contingency dates of June 24, 2017 from 7:45 a.m. to 3:30 p.m. and June 
25, 2017 from 7:45 a.m. to 3:30 p.m.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of the zone, we will issue local Broadcast Notice to 
Mariners and a notification in the Local Notice to Mariners 
Publication.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. 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).

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 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 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. If 
you believe this 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 (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 for filming from a low 
flying helicopter on the Chicago River in Chicago, IL. It is 
categorically excluded from further review under section 2.B.2, Figure 
2-1, paragraph 34(g) of the Instruction. A Record of Environmental 
Consideration (REC) supporting this determination is available in the 
docket where indicated under ADDRESSES section of this preamble. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this 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.

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; 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.T09-0347 to read as follows:


Sec.  165.T09-0347   Safety zone; Chicago River, Chicago, IL.

    (a) Location. All waters of the Chicago River between the Columbus 
Drive Bridge on the Main Branch of the Chicago River, the Kinzie Street 
Bridge on the North Branch of the Chicago River, and the Randolph 
Street Highway Bridge on the South Branch of the Chicago River in 
Chicago, IL.
    (b) Effective and enforcement period. This rule will be effective 
from 7:45 a.m. on June 11, 2017 to 3:30 p.m. on June 25, 2017. This 
rule will be enforced intermittently from 7:45 a.m. to 9:00 a.m. on 
June 11, 2017, 7:45 a.m. to 3:30 p.m. on June 17, 2017, and 7:45 a.m. 
to 3:30 p.m. on June 18, 2017, or alternate weather contingency dates 
of June 24, 2017 from 7:45 a.m. to 3:30 p.m. and June 25, 2017 from 
7:45 a.m. to 3:30 p.m.
    (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

[[Page 26749]]

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: June 2, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2017-11994 Filed 6-8-17; 8:45 am]
 BILLING CODE 9110-04-P
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