Safety Zone; Lake Michigan, Calumet Harbor, Chicago, IL, 18227-18230 [2018-08794]
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Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Rules and Regulations
If
you have questions on this temporary
deviation, call or email Mr. Hal R. Pitts,
Fifth Coast Guard District (dpb);
telephone (757) 398–6222, email
Hal.R.Pitts@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background, Purpose and Legal Basis
On April 12, 2017, we published a
notification in the Federal Register
entitled, ‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ announcing a temporary
deviation from the regulations, with
request for comments (see 82 FR 17562).
The purpose of the deviation was to test
the newly installed remote operation
system of the DELAIR Memorial
Railroad Bridge across the Delaware
River, mile 104.6, at Pennsauken
Township, NJ, owned and operated by
Conrail Shared Assets. The installation
of the remote operation system did not
change the operational schedule of the
bridge.1
On June 30, 2017, we published a
notice of proposed rulemaking (NPRM)
entitled, ‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ (see 82 FR 29800). The
original comment period closed on
August 18, 2017.
On October 18, 2017, we published a
notification in the Federal Register
entitled, ‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ announcing a second
temporary deviation from the
regulations, with request for comments
(see 82 FR 48419). This temporary
deviation commenced at 8 a.m. on
October 21, 2017, and will conclude at
7:59 a.m. on April 19, 2018. This
notification included a request for
comments and related material to reach
the Coast Guard on or before January 15,
2018.2
On December 6, 2017, we published
a notice of proposed rulemaking;
reopening of comment period; entitled
‘‘Drawbridge Operation Regulation;
Delaware River, Pennsauken Township,
NJ’’ in the Federal Register (see 82 FR
57561). This notification included a
request for comments and related
material to reach the Coast Guard on or
before January 15, 2018.
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1A
full description of the remote operation
system is outlined in the aforementioned
publication, which can be found at https://
regulations.gov. (See ADDRESSES for more
information).
2 Detailed information concerning this second test
deviation is contained in the Background, Purpose
and Legal Basis paragraphs of the aforementioned
publication, which can be found at https://
regulations.gov, (see ADDRESSES for more
information).
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On January 22, 2018, we published a
notification of temporary deviation from
regulations; reopening comment period;
entitled ‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ in the Federal Register
(see 83 FR 2909). This notification
included a request for comments and
related material to reach the Coast
Guard on or before March 2, 2018.
On February 15, 2018, we published
a notice of proposed rulemaking;
reopening comment period; entitled
‘‘Drawbridge Operation Regulation;
Delaware River, Pennsauken Township,
NJ’’ in the Federal Register (see 83 FR
6821). This notification included a
request for comments and related
material to reach the Coast Guard on or
before March 2, 2018.
The Coast Guard has reviewed 25
comments posted to the docket, six
reports with supporting documentation
submitted by the bridge owner during
the initial and second temporary
deviations, and other information
concerning the remote operation system
of the DELAIR Memorial Railroad
Bridge. Through this review, the Coast
Guard has found that further testing and
evaluation of the remote operation
system of the drawbridge is necessary
before making a decision on the
proposed regulation. The Coast Guard
has issued a third temporary deviation
from 8 a.m. on April 19, 2018, through
7:59 a.m. on October 16, 2018, to
provide sufficient time for further
testing and evaluation of the remote
operation system of the DELAIR
Memorial Railroad Bridge.
During this temporary deviation, the
following changes have been
implemented: (1) The on-site bridge
tender will be removed from the bridge,
(2) qualified personnel will return and
operate the bridge within 60 minutes if
the remote operation system is
considered in a failed condition,3 and
(3) comments concerning the utility and
value of the automated identification
system (AIS) are requested. This
deviation is authorized under 33 CFR
117.35.
II. 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
3 The conditions in which the remote operation
system will be considered in a failed condition are
detailed in the Supplementary Information: III.
Discussion of Proposed Rule section of the Notice
of Proposed Rulemaking (NPRM), which can be
found at: https://regulations.gov, (see ADDRESSES for
more information).
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18227
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacynotice.
Documents mentioned in this
notification as being available in this
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.
Dated: April 19, 2018.
Jerry R. Barnes,
Captain, U.S. Coast Guard, Fifth Coast Guard
District.
[FR Doc. 2018–08763 Filed 4–25–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0234]
RIN 1625–AA00
Safety Zone; Lake Michigan, Calumet
Harbor, Chicago, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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
SUMMARY:
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Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Rules and Regulations
unless specifically authorized by the
Captain of the Port Lake Michigan.
DATES: This rule is effective from
midnight on May 1, 2018 through
midnight on September 1, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0234 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 D09DG-MSUChicago-Waterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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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.
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. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be impracticable because it would
inhibit the Coast Guard’s ability to
protect the public and vessels from the
hazards associated with a lakebed rock
removal operation from May 1, 2018
through September 1, 2018.
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.
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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 May 1, 2018 through September
1, 2018, 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 May 1, 2018 to through
midnight on September 1, 2018. 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 May 1, 2018 through
midnight on September 1, 2018. A
broadcast notice to marines will be
issued prior to the start of blasting to
notify the public that safety zone two is
being enforced. 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.
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A. Regulatory Planning and Review
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
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, allowing vessel traffic
to continue to safely transit while either
or both are enforced, 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
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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 May 1,
2018 through midnight September 1,
2018.
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).
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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 L60(a) of
Appendix A, Table 1, of DHS
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18229
Instruction Manual 023–01–001–01,
Rev. 01. 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.T09–0234 to read as
follows:
■
§ 165.T09–2018–0234 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°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 encompass 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 May 1, 2018
through midnight on September 1, 2018
for safety zone one. Safety zone two will
be enforced intermittently from
midnight on May 1, 2018 through
midnight on September 1, 2018. Prior to
the commencement of blasting
operations a broadcast notice to
mariners will be issued to notify the
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public that safety zone two is being
enforced.
(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 or
alternatively they may contact the
Captain of the Port Lake Michigan via
landline at 414–717–7182. 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: April 11, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2018–08794 Filed 4–25–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150121066–5717–02]
RIN 0648–XG163
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
Angling category retention limit
adjustment.
NMFS has determined that
the Atlantic bluefin tuna (BFT) daily
retention limit that applies to vessels
permitted in the Highly Migratory
Species (HMS) Angling category and the
HMS Charter/Headboat category (when
fishing recreationally for BFT) should be
adjusted for the remainder of 2018,
based on consideration of the regulatory
determination criteria regarding
inseason adjustments. NMFS is
adjusting the Angling category BFT
daily retention limit from the default of
one school, large school, or small
medium BFT to two school BFT and one
large school/small medium BFT per
vessel per day/trip for private vessels
with HMS Angling category permits;
and to three school BFT and one large
school/small medium BFT per vessel
per day/trip for vessels with HMS
Charter/Headboat permits when fishing
recreationally. These retention limits are
effective in all areas, except for the Gulf
of Mexico, where NMFS prohibits
targeted fishing for BFT.
DATES: Effective April 26, 2018, through
December 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
(978) 281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
categories, per the allocations
established in the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006) and amendments, and in
accordance with implementing
SUMMARY:
regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
As a method for limiting fishing
mortality on juvenile BFT, ICCAT
recommends a tolerance limit on the
annual harvest of BFT measuring less
than 115 centimeters (cm) (45.3 inches)
(straight fork length) to no more than 10
percent by weight of a Contracting
Party’s total BFT quota. Any overharvest
of such tolerance limit from one year
must be subtracted from the tolerance
limit applicable in the next year or the
year after that. The United States
implements this provision by limiting
the harvest of school BFT (measuring 27
to less than 47 inches curved fork
length) as appropriate to not exceed the
10-percent limit.
The currently codified baseline U.S.
quota is 1,058.9 metric tons (mt) (not
including the 25 mt ICCAT allocated to
the United States to account for bycatch
of BFT in pelagic longline fisheries in
the Northeast Distant Gear Restricted
Area). See § 635.27(a). The currently
codified Angling category quota is 195.2
mt (108.4 mt for school BFT, 82.3 mt for
large school/small medium BFT, and 4.5
mt for large medium/giant BFT).
The 2018 BFT fishing year, which is
managed on a calendar-year basis and
subject to an annual calendar-year
quota, began January 1, 2018. The
Angling category season opened January
1, 2018, and continues through
December 31, 2018. The size classes of
BFT are summarized in Table 1. Please
note that large school and small
medium BFT traditionally have been
managed as one size class, as described
below, i.e., a limit of one large school/
small medium BFT (measuring 47 to
less than 73 inches). Currently, the
default Angling category daily retention
limit of one school, large school, or
small medium BFT applies
(§ 635.23(b)(2)). This retention limit
applies to HMS Angling and to HMS
Charter/Headboat category permitted
vessels (when fishing recreationally for
BFT).
rmajette on DSKBCKNHB2PROD with RULES
TABLE 1—BFT SIZE CLASSES
Size class
Curved fork length
School .......................................................................................................
Large school .............................................................................................
Small medium ...........................................................................................
Large medium ...........................................................................................
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47
59
73
to
to
to
to
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less
less
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than
than
than
than
47
59
73
81
inches
inches
inches
inches
(68.5 to less than 119 cm).
(119 to less than 150 cm).
(150 to less than 185 cm).
(185 to less than 206 cm).
E:\FR\FM\26APR1.SGM
26APR1
]]>Agencies
[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Rules and Regulations]
[Pages 18227-18230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08794]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0234]
RIN 1625-AA00
Safety Zone; Lake Michigan, Calumet Harbor, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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
[[Page 18228]]
unless specifically authorized by the Captain of the Port Lake
Michigan.
DATES: This rule is effective from midnight on May 1, 2018 through
midnight on September 1, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0234 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 [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 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. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect the public and vessels from the
hazards associated with a lakebed rock removal operation from May 1,
2018 through September 1, 2018.
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 May 1, 2018 through September 1, 2018, 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 May 1, 2018 to through midnight on September
1, 2018. 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 May 1, 2018 through midnight on September 1, 2018. A broadcast
notice to marines will be issued prior to the start of blasting to
notify the public that safety zone two is being enforced. 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
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 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, allowing vessel traffic to continue to safely
transit while either or both are enforced, 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
[[Page 18229]]
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 May 1, 2018
through midnight September 1, 2018.
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 L60(a) of Appendix A, Table 1, of DHS
Instruction Manual 023-01-001-01, Rev. 01. 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.T09-0234 to read as follows:
Sec. 165.T09-2018-0234 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 will encompass 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 May
1, 2018 through midnight on September 1, 2018 for safety zone one.
Safety zone two will be enforced intermittently from midnight on May 1,
2018 through midnight on September 1, 2018. Prior to the commencement
of blasting operations a broadcast notice to mariners will be issued to
notify the
[[Page 18230]]
public that safety zone two is being enforced.
(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 or alternatively they may contact the Captain of the
Port Lake Michigan via landline at 414-717-7182. 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: April 11, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2018-08794 Filed 4-25-18; 8:45 am]
BILLING CODE 9110-04-P
