Safety Zone; Ohio Street Beach Swim Course, Lake Michigan, Chicago Harbor, Chicago, IL, 5225-5227 [2018-02322]
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Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Proposed Rules
information will contribute to the
understanding of a reasonably broad
audience of persons interested in the
subject, as opposed to the individual
understanding of the requester. A
requester’s expertise in the subject area
and ability and intention to effectively
convey information to the public shall
be considered. It shall be presumed that
a representative of the news media
satisfies this consideration.
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(3) * * *
(ii) The primary interest in disclosure:
Whether any identified commercial
interest of the requester is sufficiently
great, in comparison with the public
interest in disclosure, that disclosure is
‘‘primarily in the commercial interest of
the requester.’’ A fee waiver or
reduction is justified if the public
interest standard (paragraph (l)(1)(i) of
this section) is satisfied and the public
interest is greater than any identified
commercial interest in disclosure.
Components ordinarily shall presume
that if a news media requester has
satisfied the public interest standard,
the public interest is the primary
interest served by disclosure to that
requester. Disclosure to data brokers or
others who merely compile and market
Government information for direct
economic return shall not be presumed
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(5) Requests for the waiver or
reduction of fees should address the
factors listed in paragraphs (l)(2) and (3)
of this section, insofar as they apply to
each request.
■ 12. Amend Appendix A to Part 4 by
revising paragraphs (5) introductory text
and (5)(v) to read as follows:
Appendix A to Part 4—Freedom of
Information Public Inspection
Facilities, and Addresses for Requests
for Records Under the Freedom of
Information Act and Privacy Act, and
Requests for Correction of Amendment
Under the Privacy Act
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(5) Economic Development
Administration, Office of the Chief Counsel,
U.S. Department of Commerce, 14th and
Constitution Avenue NW, Room 72023,
Washington, DC 20230; Ph.: (202) 482–3085;
Fax: (202) 482–5671; FOIAonline: https://
foiaonline.regulations.gov. This component
maintains a separate online Electronic FOIA
Library through its website, https://
www.eda.gov. The following Regional EDA
offices do not maintain separate online
Electronic FOIA Libraries.
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(v) Philadelphia Regional Office, EDA, U.S.
Department of Commerce, Robert N.C. Nix
Federal Building, 900 Market Street, Room
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602, Philadelphia, Pennsylvania 19107; Ph.:
(215) 597–4603.
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[FR Doc. 2018–02039 Filed 2–5–18; 8:45 am]
BILLING CODE 3510–BX–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–1066]
RIN 1625–AA00
Safety Zone; Ohio Street Beach Swim
Course, Lake Michigan, Chicago
Harbor, Chicago, IL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a safety zone on Lake
Michigan in Chicago Harbor, near the
Ohio Street Beach 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 large scale
swim events that occur throughout each
calendar year. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port, Lake Michigan.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 8, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–1066 using the Federal
eRulemaking Portal at https://www.
regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this 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:
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, Purpose, and Legal
Basis
Each year, many large-scale swim
events occur on Lake Michigan in
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Fmt 4702
Sfmt 4702
5225
Chicago Harbor, near the Ohio Street
Beach in Chicago, IL. These events take
place on a monthly and sometimes
weekly basis. The Captain of the Port,
Lake Michigan has determined that the
size and nature of these events will pose
a significant risk to public safety and
property. The potential hazards
associated with these events would be a
safety concern for participants as well as
recreational and commercial traffic in or
around the course where the events take
place.
This purpose of the rulemaking is to
ensure the safety of vessels, persons and
the navigable waters before, during, and
after a scheduled event. The specific
hazards include collisions among event
participants, recreational traffic, and
commercial traffic that may cause injury
or marine casualties. The Coast Guard
proposes this rulemaking under
authority in 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.
III. Discussion of Proposed Rule
With these hazards in mind, the
Captain of the Port, Lake Michigan has
determined that this safety zone is
necessary to ensure the safety of the
public during large-scale swim events
that take place on Lake Michigan in
Chicago Harbor, near the Ohio Street
Beach in Chicago, IL. The Captain of the
Port will notify the public when the
permanent safety zone in this proposed
rule will be enforced by all appropriate
means to the affected segments of the
public, including publication in the
Federal Register, as practicable, in
accordance with 33 CFR 165.7(a). Such
means of notification will include, but
are not limited to, Broadcast Notice to
Mariners or Local Notice to Mariners.
This zone will encompass all waters
bound by a line drawn from 41°53.7767′
N, 087°36.48′ W then North to
41°53.9517′ N, 087°36.505′ W then
Northwest to 41°54.1533′ N,
087°36.6933′ W then Southwest to
41°54.065′ N, 087°37.1517′ W then
Southeast to 41°53.6033′ N,
087°36.8333′ W then East to 41°53.6317′
N, 087°36.7017′ W and then along the
shoreline back to the point of origin
(NAD83).
All persons and vessels must comply
with the instructions of the Coast Guard
Captain of the Port Lake Michigan or his
or her designated representative. Entry
into, transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port or
his or her designated representative.
The Captain of the Port or his or her
designated representative may be
contacted via VHF Channel 16. The
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Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Proposed Rules
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
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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 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic would be able to safely
transit around this safety zone which
would impact a small designated area of
Lake Michigan in Chicago Harbor for no
more than a few hours during a swim
event.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
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ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This 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
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Fmt 4702
Sfmt 4702
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 proposed rule
under Department of Homeland
Security Directive 023–01, which guides
the Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
made a preliminary determination that
this action is one of a category of actions
that do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a safety zone for large-scale
swim events that take place on Lake
Michigan in Chicago Harbor, near the
Ohio Street Beach in Chicago, IL.
Normally such actions are categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A preliminary Record
of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://www.
regulations.gov. If your material cannot
be submitted using https://www.
regulations.gov, contact the person in
the FOR FURTHER INFORMATION CONTACT
section of this document for alternate
instructions.
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Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Proposed Rules
We accept anonymous comments. All
comments received will be posted
without change to https://www.
regulations.gov and will include any
personal information you have
provided. For more about privacy and
the docket, visit https://www.regulations.
gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard 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.
■
Dated: January 22, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2018–02322 Filed 2–5–18; 8:45 am]
BILLING CODE 9110–04–P
2. Add § 165.932 to read as follows:
§ 165.932 Safety Zone; Ohio Street Beach
Swim Course, Lake Michigan, Chicago
Harbor, Chicago, IL.
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media, distribution in leaflet form, and
on-scene oral notice.
(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 or at
(414) 747–7182.
(a) Location. All U.S. navigable waters
of Lake Michigan bound by a line drawn
from 41°53.7767′ N, 087°36.48′ W then
North to 41°53.9517′ N, 087°36.505′ W
then Northwest to 41°54.1533′ N,
087°36.6933′ W then Southwest to
41°54.065′ N, 087°37.1517′ W then
Southeast to 41°53.6033′ N,
087°36.8333′ W then East to 41°53.6317′
N, 087°36.7017′ W and then along the
shoreline back to the point of origin
(NAD83).
(b) Enforcement Period. The safety
zone established by this section will be
enforced only upon notice by the
Captain of the Port, Lake Michigan. The
Captain of the Port, Lake Michigan will
publish notices of enforcement in
accordance with § 165.7(a) and in a
manner that provides as much notice as
possible. The primary method of
notification will be through publication
to the Federal Register. The Captain of
the Port, Lake Michigan, may also
provide notice through other means,
such as Broadcast Notice to Mariners,
Local Notice to Mariners, local news
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Jkt 244001
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201, 202, 211, 212
[Docket No. 2018–1]
Streamlining the Single Application
and Clarifying Eligibility Requirements
U.S. Copyright Office, Library
of Congress.
ACTION: Notice of proposed rulemaking.
AGENCY:
On December 16, 2017, the
U.S. Copyright Office released a new
version of the Single Application, an
online registration option that allows a
single author to register a claim in one
work that is solely owned by the same
author and is not a work made for hire.
The new Single Application includes
enhanced features that should improve
the user experience, increase the
efficiency of the examination, and
reduce the correspondence rate for these
types of claims. To coincide with these
technical upgrades, the Office is now
proposing to amend its regulations to
clarify the eligibility requirements for
SUMMARY:
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5227
the Single Application, and codify
certain practices set forth in the
Compendium of U.S. Copyright Office
Practices, Third Edition. In addition, the
proposed rule confirms that the Single
Application may be used to register one
sound recording and one musical work,
literary work, or dramatic work—
notwithstanding the fact that a sound
recording and the work embodied in
that recording are separate works. The
proposed rule will also clarify the
eligibility requirements for the Office’s
Standard Application, which is used to
register certain works that are ineligible
for the Single Application, such as
works with more than one owner. In
addition, the proposed rule will
eliminate the ‘‘short form’’ version of
the Office’s paper applications, and
make technical amendments to the
regulations governing preregistration,
architectural works, mask works, vessel
designs, the unit of publication
registration option, and the group
registration option for database updates.
The proposed rule will also allow for
paper applications to be certified with a
typed or printed signature by removing
the requirement that the certification
must include a ‘‘handwritten’’ signature
of the certifying party.
DATES: Comments on the proposed rule
must be made in writing and must be
received in the U.S. Copyright Office no
later than March 8, 2018.
ADDRESSES: For reasons of government
efficiency, the Copyright Office is using
the regulations.gov system for the
submission and posting of public
comments in this proceeding. All
comments are therefore to be submitted
electronically through regulations.gov.
Specific instructions for submitting
comments are available on the
Copyright Office website at https://
www.copyright.gov/rulemaking/
streamlining-single. If electronic
submission of comments is not feasible
due to lack of access to a computer and/
or the internet, please contact the Office
using the contact information below for
special instructions.
FOR FURTHER INFORMATION CONTACT:
Robert J. Kasunic, Associate Register of
Copyrights and Director of Registration
Policy and Practice; Erik Bertin, Deputy
Director of Registration Policy and
Practice; or Anna Chauvet, Assistant
General Counsel, by telephone at 202–
707–8040 or by email at rkas@loc.gov,
ebertin@loc.gov, or achau@loc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
In 2013, the Office issued an interim
rule that established a new registration
option known as the ‘‘Single
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]]>Agencies
[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Proposed Rules]
[Pages 5225-5227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02322]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-1066]
RIN 1625-AA00
Safety Zone; Ohio Street Beach Swim Course, Lake Michigan,
Chicago Harbor, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a safety zone on Lake
Michigan in Chicago Harbor, near the Ohio Street Beach 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 large scale swim events that occur throughout each calendar year.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port, Lake Michigan.
DATES: Comments and related material must be received by the Coast
Guard on or before March 8, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-1066 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LT John Ramos, Marine Safety Unit Chicago, U.S. Coast
Guard; telephone (630) 986-2155, email [email protected].
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, Purpose, and Legal Basis
Each year, many large-scale swim events occur on Lake Michigan in
Chicago Harbor, near the Ohio Street Beach in Chicago, IL. These events
take place on a monthly and sometimes weekly basis. The Captain of the
Port, Lake Michigan has determined that the size and nature of these
events will pose a significant risk to public safety and property. The
potential hazards associated with these events would be a safety
concern for participants as well as recreational and commercial traffic
in or around the course where the events take place.
This purpose of the rulemaking is to ensure the safety of vessels,
persons and the navigable waters before, during, and after a scheduled
event. The specific hazards include collisions among event
participants, recreational traffic, and commercial traffic that may
cause injury or marine casualties. The Coast Guard proposes this
rulemaking under authority in 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.
III. Discussion of Proposed Rule
With these hazards in mind, the Captain of the Port, Lake Michigan
has determined that this safety zone is necessary to ensure the safety
of the public during large-scale swim events that take place on Lake
Michigan in Chicago Harbor, near the Ohio Street Beach in Chicago, IL.
The Captain of the Port will notify the public when the permanent
safety zone in this proposed rule will be enforced by all appropriate
means to the affected segments of the public, including publication in
the Federal Register, as practicable, in accordance with 33 CFR
165.7(a). Such means of notification will include, but are not limited
to, Broadcast Notice to Mariners or Local Notice to Mariners.
This zone will encompass all waters bound by a line drawn from
41[deg]53.7767' N, 087[deg]36.48' W then North to 41[deg]53.9517' N,
087[deg]36.505' W then Northwest to 41[deg]54.1533' N, 087[deg]36.6933'
W then Southwest to 41[deg]54.065' N, 087[deg]37.1517' W then Southeast
to 41[deg]53.6033' N, 087[deg]36.8333' W then East to 41[deg]53.6317'
N, 087[deg]36.7017' W and then along the shoreline back to the point of
origin (NAD83).
All persons and vessels must comply with the instructions of the
Coast Guard Captain of the Port Lake Michigan or his or her designated
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port or his
or her designated representative. The Captain of the Port or his or her
designated representative may be contacted via VHF Channel 16. The
[[Page 5226]]
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of 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 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of Lake Michigan in Chicago Harbor for
no more than a few hours during a swim event.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This 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 proposed rule under Department of Homeland
Security Directive 023-01, which guides the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This proposed rule
involves a safety zone for large-scale swim events that take place on
Lake Michigan in Chicago Harbor, near the Ohio Street Beach in Chicago,
IL. Normally such actions are categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
[[Page 5227]]
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard 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. 165.932 to read as follows:
Sec. 165.932 Safety Zone; Ohio Street Beach Swim Course, Lake
Michigan, Chicago Harbor, Chicago, IL.
(a) Location. All U.S. navigable waters of Lake Michigan bound by a
line drawn from 41[deg]53.7767' N, 087[deg]36.48' W then North to
41[deg]53.9517' N, 087[deg]36.505' W then Northwest to 41[deg]54.1533'
N, 087[deg]36.6933' W then Southwest to 41[deg]54.065' N,
087[deg]37.1517' W then Southeast to 41[deg]53.6033' N,
087[deg]36.8333' W then East to 41[deg]53.6317' N, 087[deg]36.7017' W
and then along the shoreline back to the point of origin (NAD83).
(b) Enforcement Period. The safety zone established by this section
will be enforced only upon notice by the Captain of the Port, Lake
Michigan. The Captain of the Port, Lake Michigan will publish notices
of enforcement in accordance with Sec. 165.7(a) and in a manner that
provides as much notice as possible. The primary method of notification
will be through publication to the Federal Register. The Captain of the
Port, Lake Michigan, may also provide notice through other means, such
as Broadcast Notice to Mariners, Local Notice to Mariners, local news
media, distribution in leaflet form, and on-scene oral notice.
(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 or at (414) 747-7182.
Dated: January 22, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2018-02322 Filed 2-5-18; 8:45 am]
BILLING CODE 9110-04-P
