Safety Zone; Lake Michigan, Whiting, Indiana, 31450-31452 [2017-14304]
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31450
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
these regattas or marine parades. During
the aforementioned period, the Coast
Guard will enforce restrictions upon,
and control movement of, vessels in a
specified area immediately prior to,
during, and after regattas or marine
parades.
The regulations in 33 CFR
100.914, 100.915, 100.919, 100.927,
100.928 will be enforced without actual
notice at specified dates and times from
July 7, 2017 until September 23, 2017.
For the purposes of enforcement, actual
notice will be used from June 23, 2017,
until July 7, 2017.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call or email Tracy Girard, Prevention
Department, telephone (313) 568–9564,
email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the following special
local regulations listed in 33 CFR part
100, Safety of Life on Navigable Waters,
on the following dates and times:
(1) § 100.919 International Bay City
Grand Prix (formerly Bay City River
Roar), Bay City, MI. This special local
regulation will be enforced from 10 a.m.
to 7 p.m. each day from June 23 through
June 25, 2017.
(2) § 100.914 Trenton Rotary Roar on
the River, Trenton, MI. This special
local regulation will be enforced from 8
a.m. to 8 p.m. each day from July 14
through July 16, 2017.
(3) § 100.915 St. Clair River Classic
Offshore Race, St. Clair, MI. This special
local regulation will be enforced from
10 a.m. to 7 p.m. each day from July 24
through July 30, 2017.
(4) § 100.928 Frogtown Race Regatta,
Toledo, OH. This special local
regulation will be enforced from 5 a.m.
to 7 p.m. on September 23, 2017.
(5) § 100.927 Partnership in
Education, Dragon Boat Festival,
Toledo, OH. This special local
regulation will be enforced from 6 a.m.
to 6 p.m. on July 22, 2017.
DATES:
asabaliauskas on DSKBBXCHB2PROD with RULES
Special Local Regulations
In accordance with § 100.901, entry
into, transiting, or anchoring within
these regulated areas is prohibited
unless authorized by the Coast Guard
patrol commander (PATCOM). The
PATCOM may restrict vessel operation
within the regulated area to vessels
having particular operating
characteristics.
Vessels permitted to enter this
regulated area must operate at a nowake speed and in a manner that will
not endanger race participants or any
other craft.
The PATCOM may direct the
anchoring, mooring, or movement of
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any vessel within this regulated area. A
succession of sharp, short signals by
whistle or horn from vessels patrolling
the area under the direction of the
PATCOM shall serve as a signal to stop.
Vessels so signaled shall stop and shall
comply with the orders of the PATCOM.
Failure to do so may result in expulsion
from the area, a Notice of Violation for
failure to comply, or both.
If it is deemed necessary for the
protection of life and property, the
PATCOM may terminate the marine
event or the operation of any vessel
within the regulated area.
In accordance with the general
regulations in § 100.35 of this part, the
Coast Guard will patrol the regatta area
under the direction of a designated
Coast Guard Patrol Commander
(PATCOM). The PATCOM may be
contacted on Channel 16 (156.8 MHz)
by the call sign ‘‘Coast Guard Patrol
Commander.’’
Under the provisions of 33 CFR
100.928, vessels transiting within the
regulated area shall travel at a no-wake
speed and remain vigilant for event
participants and safety craft.
Additionally, vessels shall yield rightof-way for event participants and event
safety craft and shall follow directions
given by the Coast Guard’s on-scene
representative or by event
representatives during the event.
The ‘‘on-scene representative’’ of the
Captain of the Port Detroit is any Coast
Guard commissioned, warrant, or petty
officer who has been designated by the
Captain of the Port Detroit to act on his
behalf. The on-scene representative of
the Captain of the Port Detroit will be
aboard either a Coast Guard or Coast
Guard Auxiliary vessel. The Captain of
the Port Detroit or his designated on
scene representative may be contacted
via VHF Channel 16.
The rules in this section shall not
apply to vessels participating in the
event or to government vessels
patrolling the regulated area in the
performance of their assigned duties.
This document is issued under
authority of 33 CFR 100.35 and 5 U.S.C.
552(a). If the Captain of the Port
determines that any of these special
local regulations need not be enforced
for the full duration stated in this
document, he may suspend such
enforcement and notify the public of the
suspension via a Broadcast Notice to
Mariners.
Dated: June 29, 2017.
J.W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2017–14269 Filed 7–6–17; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0195]
RIN 1625–AA00
Safety Zone; Lake Michigan, Whiting,
Indiana
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Lake Michigan, near Whiting, Indiana.
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 a high speed
competition involving personal water
craft. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Lake Michigan.
DATES: This rule is effective from 7 a.m.
on August 12, 2017 to 5 p.m. on August
13, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0195 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 John Ramos, Marine Safety
Unit Chicago, U.S. Coast Guard;
telephone (630) 986–2156, email D09–
DG–MSUChicago-Waterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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 public interest. Under 5 U.S.C.
E:\FR\FM\07JYR1.SGM
07JYR1
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The Coast Guard
did not receive the final details for this
event until there was insufficient time
remaining before the event to publish a
NPRM. Delaying the effective date of
this rule to wait for a comment period
to run would be impracticable and
contrary to the public interest because it
would inhibit the Coast Guard’s ability
to protect the public and vessels from
the hazards associated with the high
speed competition involving personal
water craft on August 12, 2017, and
August 13, 2017.
asabaliauskas on DSKBBXCHB2PROD with RULES
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 August 12, 2017, and August 13,
2017, a high speed competition
involving personal watercraft will take
place on Lake Michigan near Whiting,
Indiana. The Captain of the Port Lake
Michigan has determined that this
competition will pose a significant risk
to public safety and property. Such
hazards include collisions among
participants or spectator vessels. This
rule is needed to protect personnel and
vessels in the navigable waters within
the safety zone while the competition is
taking place.
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 high speed competition involving
personal watercraft on Lake Michigan.
This safety zone will be enforced from
7 a.m. to 5 p.m. on August 12, 2017 and
from 7 a.m. to 5 p.m. on August 13,
2017. This zone will encompass all
waters of Lake Michigan near Whiting,
Indiana bounded by a line drawn from
the shoreline at 41°41.235′ N,
087°29.779′ W., then northeast to
41°41.494′ N., 087°29.559′ W., then
south to 41°40.891′ N., 087°28.486′ W.,
then southwest to the shoreline at
41°40.725′ N., 087°28.633′ W., then
along the shoreline back to the point of
origin at 41°41.235′ N., 087°29.779′ W.
(NAD 83).
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
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Jkt 241001
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.
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 only on
August 12, 2017 from 7 a.m. to 5 p.m.,
and August 13, 2017, from 7 a.m. to 5
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
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31451
operators of vessels intending to transit
on a portion of the Lake Michigan near
Whiting, Indiana on August 12, 2017
from 7 a.m. to 5 p.m., and August 13,
2017 from 7 a.m. to 5 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 Local Notice to
Mariners so vessel owners and operators
can plan accordingly.
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
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07JYR1
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
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.
jeopardizing the safety or security of
people, places or vessels.
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
asabaliauskas on DSKBBXCHB2PROD with RULES
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 a high
speed competition involving personal
watercraft on Lake Michigan near
Whiting, Indiana. It is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. A Record of
Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
in 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 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
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Jkt 241001
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; 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.T09–0195 to read as
follows:
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 29, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2017–14304 Filed 7–6–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0359]
■
§ 165.T09–0195 Safety Zone; Lake
Michigan, Whiting, Indiana.
(a) Location. All waters of Lake
Michigan near Whiting, Indiana
bounded by a line drawn from the
shoreline at 41°41.235′ N., 087°29.779′
W., then northeast to 41°41.494′ N.,
087°29.559′ W., then south to 41°40.891′
N., 087°28.486′ W., then southwest to
the shoreline at 41°40.725′ N.,
087°28.633′ W., then along the shoreline
back to the point of origin at 41°41.235′
N., 087°29.779′ W. (NAD 83).
(b) Enforcement period. This rule will
be enforced on August 12, 2017 from 7
a.m. to 5 p.m. and August 13, 2017 from
7 a.m. to 5 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
contacted via VHF Channel 16. Vessel
operators given permission to enter or
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RIN 1625–AA00
Safety Zone; Oswego Harborfest 2017
Breakwall and Barge Fireworks
Display; Oswego Harbor, Oswego, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Oswego Harbor, Oswego, NY. This
safety zone is intended to restrict
vessels from a portion of the Oswego
Harbor during the Oswego Harborfest
2017 Breakwall and Barge Fireworks
Display. This temporary safety zone is
necessary to protect mariners and
vessels from the navigational hazards
associated with a fireworks display.
DATES: This rule is effective from 9:15
p.m. on July 29, 2017 until 10:45 p.m.
July 30, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0359 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 LT Michael Collet, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9322, email
SectorBuffaloMarineSafety@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
E:\FR\FM\07JYR1.SGM
07JYR1
Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31450-31452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14304]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0195]
RIN 1625-AA00
Safety Zone; Lake Michigan, Whiting, Indiana
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Michigan, near Whiting, Indiana. 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 a high speed competition
involving personal water craft. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Lake Michigan.
DATES: This rule is effective from 7 a.m. on August 12, 2017 to 5 p.m.
on August 13, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0195 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 John Ramos, Marine Safety Unit Chicago, U.S. Coast
Guard; telephone (630) 986-2156, 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.
[[Page 31451]]
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because doing so would be impracticable and contrary to the public
interest. The Coast Guard did not receive the final details for this
event until there was insufficient time remaining before the event to
publish a NPRM. Delaying the effective date of this rule to wait for a
comment period to run would be impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
the public and vessels from the hazards associated with the high speed
competition involving personal water craft on August 12, 2017, and
August 13, 2017.
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 August 12, 2017, and August 13, 2017, a high speed competition
involving personal watercraft will take place on Lake Michigan near
Whiting, Indiana. The Captain of the Port Lake Michigan has determined
that this competition will pose a significant risk to public safety and
property. Such hazards include collisions among participants or
spectator vessels. This rule is needed to protect personnel and vessels
in the navigable waters within the safety zone while the competition is
taking place.
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 high speed
competition involving personal watercraft on Lake Michigan. This safety
zone will be enforced from 7 a.m. to 5 p.m. on August 12, 2017 and from
7 a.m. to 5 p.m. on August 13, 2017. This zone will encompass all
waters of Lake Michigan near Whiting, Indiana bounded by a line drawn
from the shoreline at 41[deg]41.235' N, 087[deg]29.779' W., then
northeast to 41[deg]41.494' N., 087[deg]29.559' W., then south to
41[deg]40.891' N., 087[deg]28.486' W., then southwest to the shoreline
at 41[deg]40.725' N., 087[deg]28.633' W., then along the shoreline back
to the point of origin at 41[deg]41.235' N., 087[deg]29.779' W. (NAD
83).
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.
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 only on August 12, 2017 from 7 a.m. to 5
p.m., and August 13, 2017, from 7 a.m. to 5 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 Lake Michigan near Whiting, Indiana on August 12, 2017
from 7 a.m. to 5 p.m., and August 13, 2017 from 7 a.m. to 5 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 Local Notice to Mariners so vessel owners and operators
can plan accordingly.
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
[[Page 31452]]
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 a high speed
competition involving personal watercraft on Lake Michigan near
Whiting, Indiana. It is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A
Record of Environmental Consideration (REC) supporting this
determination is available in the docket where indicated in 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 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 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; 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.T09-0195 to read as follows:
Sec. 165.T09-0195 Safety Zone; Lake Michigan, Whiting, Indiana.
(a) Location. All waters of Lake Michigan near Whiting, Indiana
bounded by a line drawn from the shoreline at 41[deg]41.235' N.,
087[deg]29.779' W., then northeast to 41[deg]41.494' N.,
087[deg]29.559' W., then south to 41[deg]40.891' N., 087[deg]28.486'
W., then southwest to the shoreline at 41[deg]40.725' N.,
087[deg]28.633' W., then along the shoreline back to the point of
origin at 41[deg]41.235' N., 087[deg]29.779' W. (NAD 83).
(b) Enforcement period. This rule will be enforced on August 12,
2017 from 7 a.m. to 5 p.m. and August 13, 2017 from 7 a.m. to 5 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 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 29, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2017-14304 Filed 7-6-17; 8:45 am]
BILLING CODE 9110-04-P