Safety Zone; Lake Michigan, Calumet Harbor, Chicago, IL, 32634-32636 [2017-14904]
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32634
Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Rules and Regulations
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: July 11, 2017.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2017–14902 Filed 7–14–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0581]
RIN 1625–AA00
Safety Zone; Lake Michigan, Calumet
Harbor, Chicago, IL
AGENCY:
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing two temporary safety zones
on Lake Michigan in Calumet Harbor, in
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
a lakebed rock removal operation
involving explosives. Entry of vessels or
persons into these zones is prohibited
unless specifically authorized by the
Captain of the Port Lake Michigan.
SUMMARY:
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 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 because it would inhibit
the Coast Guard’s ability to protect the
public and vessels from the hazards
associated with a lakebed rock removal
operation from August 1, 2017 through
December 15, 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
This rule is effective from
midnight on August 1, 2017 through
midnight on December 16, 2017.
DATES:
If
you have questions about this rule, call
or email LT John Ramos, Marine Safety
Unit Chicago, U.S. Coast Guard;
telephone (630) 986–2155, email D09DG-MSUChicago-Waterways@uscg.mil.
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.
From August 1, 2017 through
December 15, 2017, a rock removal
operation involving explosives will take
place on Lake Michigan in Calumet
Harbor, in Chicago, IL. The Captain of
the Port Lake Michigan has determined
that the lakebed rock removal operation
will pose a significant risk to public
safety and property. Such hazards
include detonation of explosive material
and a change in the depth of water for
a small period of time.
SUPPLEMENTARY INFORMATION:
IV. Discussion of the Rule
I. Table of Abbreviations
With the aforementioned hazards in
mind, the Captain of the Port Lake
Michigan has determined that two
temporary safety zones are necessary to
ensure the safety of the public during
the rock removal operation on Lake
Michigan in Calumet Harbor. Safety
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0581 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
jstallworth on DSK7TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
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
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zone one will be enforced from
midnight on August 1, 2017 through
midnight on December 16, 2017. Safety
zone one will encompass all waters of
Lake Michigan in Chicago, IL, bounded
by a line drawn from the Calumet
Harbor Entrance South Side Light at
41°44.1348′ N., 087°30.3790′ W. then
southwest to 41°43.8568′ N.,
087°30.6587′ W. then southeast to
41°43.5801′ N., 087°30.2830′ W. then
east to the Calumet Harbor Breakwater
South End Light at 41°43.5619′ N.,
087°29.6016′ W. (NAD 83). Safety zone
two will be enforced intermittently from
midnight on August 1, 2017 through
midnight on December 16, 2017. Safety
zone two will encompass all waters of
Lake Michigan in Chicago, IL, within a
2000 foot radius from 41°43.6665′ N.,
087°30.3805′ W. (NAD 83).
Entry into, transiting, or anchoring
within the safety zones 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
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. 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.’’ 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
E:\FR\FM\17JYR1.SGM
17JYR1
Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Rules and Regulations
listed in the FOR FURTHER INFORMATION
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.
B. Impact on Small Entities
jstallworth on DSK7TPTVN1PROD with RULES
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 two
safety zones created by this rule will be
relatively small and safety zone two will
be enforced intermittently only for short
periods of time. Under certain
conditions, moreover, vessels may still
transit through the safety zones when
permitted by the Captain of the Port.
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).
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 Lake Michigan in
Calumet Harbor from midnight August
1, 2017 through midnight December 16,
2017.
These safety zones 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 zones, 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
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14:51 Jul 14, 2017
Jkt 241001
CONTACT
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
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32635
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 two safety zones for a
lakebed rock removal operation
involving explosives on Lake Michigan
in Calumet Harbor, in Chicago, IL. 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 recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 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.T09–0581 to read as
follows:
■
E:\FR\FM\17JYR1.SGM
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32636
Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Rules and Regulations
§ 165.T09–0581 Safety Zone; Lake
Michigan, Calumet Harbor, Chicago, IL.
POSTAL REGULATORY COMMISSION
jstallworth on DSK7TPTVN1PROD with RULES
(a) Location. Safety zone one; all
navigable waters of Lake Michigan
bounded by a line drawn from the
Calumet Harbor Entrance South Side
Light at 41°44.1348′ N., 087°30.3790′ W.
then southwest to 41°43.8568′ N.,
087°30.6587′ W. then southeast to
41°43.5801′ N., 087°30.2830′ W. then
east to the Calumet Harbor Breakwater
South End Light at 41°43.5619′ N.,
087°29.6016′ W. (NAD 83). Safety zone
two; all navigable waters of Lake
Michigan within a 2000 foot radius from
41°43.6665′ N., 087°30.3805′ W. (NAD
83).
Enforcement period. This rule will be
enforced from midnight on August 1,
2017 through midnight on December 16,
2017 for safety zone one. Safety zone
two will be enforced intermittently from
midnight on August 1, 2017 through
midnight on December 16, 2017.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within these safety zones is
prohibited unless authorized by the
Captain of the Port Lake Michigan or a
designated on-scene representative.
(2) These safety zones are 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 zones 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 zones must comply
with all directions given to them by the
Captain of the Port Lake Michigan, or an
on-scene representative.
Dated: July 11, 2017.
Amy B. Cocanour,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2017–14904 Filed 7–14–17; 8:45 am]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
14:51 Jul 14, 2017
Jkt 241001
39 CFR Part 3020
[Docket Nos. MC2010–21 and CP2010–36]
Update to Competitive Product List
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
The Commission is updating
the competitive product list. This action
reflects a publication policy adopted by
Commission order. The referenced
policy assumes periodic updates. The
updates are identified in the body of
this document. The competitive product
list, which is re-published in its
entirety, includes these updates.
DATES:
Effective Date: July 17, 2017.
Applicability Dates: April 5, 2017,
Priority Mail Contract 299 (MC2017–100
and CP2017–147); April 5, 2017,
Priority Mail Contract 300 (MC2017–101
and CP2017–148); April 5, 2017,
Priority Mail Contract 301 (MC2017–102
and CP2017–149); April 5, 2017,
Priority Mail Contract 302 (MC2017–103
and CP2017–150); April 5, 2017,
Priority Mail Contract 303 (MC2017–104
and CP2017–151); April 17, 2017,
Priority Mail Express Contract 46
(MC2017–106 and CP2017–153); April
17, 2017, Priority Mail Contract 304
(MC2017–107 and CP2017–154); April
17, 2017, Priority Mail Express, Priority
Mail & First-Class Package Service
Contract 16 (MC2017–108 and CP2017–
155); April 17, 2017, First Class Package
Service Contract 75 (MC2017–109 and
CP2017–156); April 19, 2017, Priority
Mail Contract 305 (MC2017–110 and
CP2017–158); April 19, 2017, Priority
Mail Contract 306 (MC2017–111 and
CP2017–159); April 19, 2017, Priority
Mail Contract 307 (MC2017–112 and
CP2017–160); April 19, 2017, Priority
Mail Express & Priority Mail Contract 45
(MC2017–113 and CP2017–161); April
20, 2017, Global Expedited Package
Services (GEPS)—Non-Published Rates
12 (MC2017–105 and CP2017–152);
April 25, 2017, Priority Mail Express &
Priority Mail Contract 46 (MC2017–114
and CP2017–165); April 25, 2017, FirstClass Package Service Contract 76
(MC2017–117 and CP2017–168); April
25, 2017, Priority Mail Contract 308
(MC2017–115 and CP2017–166); April
25, 2017, Priority Mail Contract 309
(MC2017–116 and CP2017–167); April
25, 2017, Priority Mail Contract 47
(MC2017–118 and CP2017–169); May 1,
2017, Priority Mail Contract 310
(MC2017–119 and CP2017–170); May 1,
2017, Priority Mail Contract 311
(MC2017–120 and CP2017–171); May 1,
2017, Priority Mail Contract 312
SUMMARY:
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(MC2017–121 and CP2017–172); May 4,
2017, Priority Mail Contract 313
(MC2017–122 and CP2017–173); May 4,
2017, Priority Mail Express & Priority
Mail Contract 47 (MC2017–123 and
CP2017–174); May 9, 2017, Priority Mail
Contract 314 (MC2017–124 and
CP2017–176); May 9, 2017, Priority Mail
Express, Priority Mail & First-Class
Package Service Contract 17 (MC2017–
125 and CP2017–177); May 10, 2017,
Priority Mail Express & Priority Mail
Contract 48 (MC2017–126 and CP2017–
179); May 15, 2017, Priority Mail
Contract 315 (MC2017–127 and
CP2017–180); May 15, 2017, Priority
Mail Contract 316 (MC2017–128 and
CP2017–181); May 16, 2017, Priority
Mail Contract 317 (MC2017–129 and
CP2017–182); May 18, 2017, Priority
Mail Express, Priority Mail & First-Class
Package Service Contract 18 (MC2017–
131 and CP2017–185); May 18, 2017,
Priority Mail Contract 318 (MC2017–130
and CP2017–184); May 23, 2017,
Priority Mail Contract 319 (MC2017–133
and CP2017–188); May 23, 2017,
Priority Mail Express, Priority Mail &
First-Class Package Service Contract 19
(MC2017–132 and CP2017–187); May
30, 2017, Priority Mail Contract 320
(MC2017–134 and CP2017–191); May
30, 2017, First-Class Package Service
Contract 77 (MC2017–135 and CP2017–
192); May 31, 2017, Priority Mail
Contract 321 (MC2017–136 and
CP2017–194); May 31, 2017, Priority
Mail Contract 322 (MC2017–137 and
CP2017–195); June 9, 2017, Priority
Mail Contract 323 (MC2017–138 and
CP2017–196); June 13, 2017, Priority
Mail Contract 324 (MC2017–139 and
CP2017–198); June 13, 2017, Priority
Mail Contract 325 (MC2017–140 and
CP2017–199); June 13, 2017, Priority
Mail Contract 326 (MC2017–141 and
CP2017–200); June 13, 2017, Priority
Mail Express Contract 48 (MC2017–142
and CP2017–201); June 14, 2017,
Priority Mail Contract 327 (MC2017–143
and CP2017–202); June 20, 2017,
Priority Mail Express & Priority Mail
Contract 49 (MC2017–147 and CP2017–
206); June 20, 2017, Priority Mail &
First-Class Package Service Contract 43
(MC2017–144 and CP2017–203); June
20, 2017, Priority Mail & First-Class
Package Service Contract 44 (MC2017–
145 and CP2017–204); June 20, 2017,
Priority Mail Contract 328 (MC2017–146
and CP2017–205); June 26, 2017,
Priority Mail Contract 329 (MC2017–150
and CP2017–211); June 26, 2017,
Priority Mail Contract 330 (MC2017–151
and CP2017–212); June 26, 2017,
Priority Mail & First-Class Package
Service Contract 45 (MC2017–148 and
CP2017–209); June 26, 2017, Priority
E:\FR\FM\17JYR1.SGM
17JYR1
Agencies
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Rules and Regulations]
[Pages 32634-32636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14904]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0581]
RIN 1625-AA00
Safety Zone; Lake Michigan, Calumet Harbor, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones on
Lake Michigan in Calumet Harbor, in 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 a lakebed
rock removal operation involving explosives. Entry of vessels or
persons into these zones is prohibited unless specifically authorized
by the Captain of the Port Lake Michigan.
DATES: This rule is effective from midnight on August 1, 2017 through
midnight on December 16, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0581 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) 986-2155, 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
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 because it would inhibit the Coast
Guard's ability to protect the public and vessels from the hazards
associated with a lakebed rock removal operation from August 1, 2017
through December 15, 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.
From August 1, 2017 through December 15, 2017, a rock removal
operation involving explosives will take place on Lake Michigan in
Calumet Harbor, in Chicago, IL. The Captain of the Port Lake Michigan
has determined that the lakebed rock removal operation will pose a
significant risk to public safety and property. Such hazards include
detonation of explosive material and a change in the depth of water for
a small period of time.
IV. Discussion of the Rule
With the aforementioned hazards in mind, the Captain of the Port
Lake Michigan has determined that two temporary safety zones are
necessary to ensure the safety of the public during the rock removal
operation on Lake Michigan in Calumet Harbor. Safety zone one will be
enforced from midnight on August 1, 2017 through midnight on December
16, 2017. Safety zone one will encompass all waters of Lake Michigan in
Chicago, IL, bounded by a line drawn from the Calumet Harbor Entrance
South Side Light at 41[deg]44.1348' N., 087[deg]30.3790' W. then
southwest to 41[deg]43.8568' N., 087[deg]30.6587' W. then southeast to
41[deg]43.5801' N., 087[deg]30.2830' W. then east to the Calumet Harbor
Breakwater South End Light at 41[deg]43.5619' N., 087[deg]29.6016' W.
(NAD 83). Safety zone two will be enforced intermittently from midnight
on August 1, 2017 through midnight on December 16, 2017. Safety zone
two will encompass all waters of Lake Michigan in Chicago, IL, within a
2000 foot radius from 41[deg]43.6665' N., 087[deg]30.3805' W. (NAD 83).
Entry into, transiting, or anchoring within the safety zones 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. 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.'' 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
[[Page 32635]]
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 two safety zones created by this rule will
be relatively small and safety zone two will be enforced intermittently
only for short periods of time. Under certain conditions, moreover,
vessels may still transit through the safety zones 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 Lake Michigan in Calumet Harbor from midnight August 1, 2017
through midnight December 16, 2017.
These safety zones 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 zones, 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 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 two safety zones for a lakebed rock
removal operation involving explosives on Lake Michigan in Calumet
Harbor, in Chicago, IL. 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
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 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.T09-0581 to read as follows:
[[Page 32636]]
Sec. 165.T09-0581 Safety Zone; Lake Michigan, Calumet Harbor,
Chicago, IL.
(a) Location. Safety zone one; all navigable waters of Lake
Michigan bounded by a line drawn from the Calumet Harbor Entrance South
Side Light at 41[deg]44.1348' N., 087[deg]30.3790' W. then southwest to
41[deg]43.8568' N., 087[deg]30.6587' W. then southeast to
41[deg]43.5801' N., 087[deg]30.2830' W. then east to the Calumet Harbor
Breakwater South End Light at 41[deg]43.5619' N., 087[deg]29.6016' W.
(NAD 83). Safety zone two; all navigable waters of Lake Michigan within
a 2000 foot radius from 41[deg]43.6665' N., 087[deg]30.3805' W. (NAD
83).
Enforcement period. This rule will be enforced from midnight on
August 1, 2017 through midnight on December 16, 2017 for safety zone
one. Safety zone two will be enforced intermittently from midnight on
August 1, 2017 through midnight on December 16, 2017.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
these safety zones is prohibited unless authorized by the Captain of
the Port Lake Michigan or a designated on-scene representative.
(2) These safety zones are 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
zones 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 zones must comply with all directions given to them by
the Captain of the Port Lake Michigan, or an on-scene representative.
Dated: July 11, 2017.
Amy B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2017-14904 Filed 7-14-17; 8:45 am]
BILLING CODE 9110-04-P