Safety Zone; Lake Michigan, Whiting, Indiana, 39361-39363 [2018-17074]
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Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations
navigation span. Due to the cancellation
of the work, this platform will not be
installed and the bridge will operate
under its regular operating schedule in
33 CFR 117.716. In accordance with 33
CFR 117.35(e), the drawbridge must
return to its regular operating schedule
immediately at the end of the
cancellation date of the deviation.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0228]
Drawbridge Operation Regulation;
Delaware River, Burlington, NJ and
Bristol, PA
Dated: August 2, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation; cancellation.
AGENCY:
ACTION:
[FR Doc. 2018–16845 Filed 8–8–18; 8:45 am]
BILLING CODE 9110–04–P
The Coast Guard is canceling
the temporary deviation from the
operating schedule that governs the SR
413/Burlington-Bristol bridge, which
carries SR 413 across the Delaware
River, mile 117.8, between Burlington,
NJ and Bristol, PA. The cancellation of
the deviation is necessary to remove
operational restrictions placed on the
bridge not utilized to facilitate bridge
maintenance.
DATES: The temporary deviation
published on April 26, 2018, 83 FR
18226 is cancelled as of August 9, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0228 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH’’. Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Michael
Thorogood, Bridge Administration
Branch Fifth District, Coast Guard,
telephone 757–398–6557, email
Michael.R.Thorogood@uscg.mil.
SUPPLEMENTARY INFORMATION: On April
26, 2018, we published a temporary
deviation entitled ‘‘Drawbridge
Operation Regulation; Delaware River,
Burlington, NJ and Bristol, PA’’ in the
Federal Register (83 FR 18226). This
temporary deviation was to facilitate
bridge maintenance and painting of the
vertical lift span of the drawbridge from
May 1, 2018, through September 30,
2018. During the planned maintenance
period, a work platform would have
reduced one half of the bridge span
vertical clearance to approximately 58
feet above mean high water in the
closed position and approximately 132
feet above mean high water in the open
position.
The temporary deviation is being
cancelled due to delays in performing
bridge maintenance outside the
navigation span, thereby eliminating the
need for a temporary deviation to
facilitate bridge maintenance in the
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0693]
Safety Zones; Annual Events
Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone—
Milwaukee Open Water Swim
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone on the Milwaukee River,
between the I–794 overpass to where the
Milwaukee River and Kinnickinnic
River meet in Milwaukee, WI for the
Milwaukee Open Water Swim on
August 11, 2018 to provide for the safety
of life on navigable waterways during
the event. During the enforcement
periods, the operator of any vessel in the
regulated area must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign. During the enforcement
period, vessels and persons are
prohibited from transiting through,
mooring, or anchoring within this safety
zone without approval from the Captain
of the Port Lake Michigan or his or her
designated representative.
DATES: The regulations in 33 CFR
165.929(f)(18) will be enforced from 6
a.m. through 10 a.m. on August 11,
2018.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email marine event
coordinator MSTC Kaleena Carpino,
Prevention Department, Coast Guard
Sector Lake Michigan, Milwaukee, WI;
telephone (414) 747–7148, email D09SMB-SECLakeMichgan-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zone;
SUMMARY:
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39361
Milwaukee Open Water Swim listed as
(f)(18) in Table 165.929 of 33 CFR
165.929 on August 11, 2018 from 6 a.m.
through 10 a.m. This action is being
taken to provide for the safety of life on
navigable waterways of the Milwaukee
River in Milwaukee, WI. This safety
zone will encompass all waters of the
Milwaukee River from the I–794
overpass to where the Milwaukee River
and Kinnickinnic River meet (NAD 83).
Pursuant to 33 CFR 165.929, entry
into, transiting, or anchoring within the
safety zone during an enforcement
period is prohibited unless authorized
by the Captain of the Port Lake
Michigan, or his or her designated onscene representative. Those seeking
permission to enter the safety zone may
request permission from the Captain of
Port Lake Michigan via Channel 16,
VHF–FM. Vessels and persons granted
permission to enter the safety zone shall
obey the directions of the Captain of the
Port Lake Michigan or his or her
designated representative. While within
a safety zone, all vessels shall operate at
the minimum speed necessary to
maintain a safe course.
This notice of enforcement is issued
under authority of 33 CFR 165.929,
Safety Zones; Annual events requiring
safety zones in the Captain of the Port
Lake Michigan zone, and 5 U.S.C.
552(a). In addition to this notice in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via Broadcast Notice to Mariners
and Local Notice to Mariners. The
Captain of the Port Lake Michigan or his
or her designated on-scene
representative may be contacted via
VHF Channel 16 or at (414) 747–7182.
Dated: July 24, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2018–17075 Filed 8–8–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0659]
RIN 1625–AA00
Safety Zone; Lake Michigan, Whiting,
Indiana
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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39362
Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations
The Coast Guard is
establishing a temporary safety zone on
Lake Michigan in the vicinity of
Whiting, Indiana. This zone is necessary
to protect spectators and vessels from
potential hazards associated with a
competition involving motorized
personal watercraft. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Lake Michigan.
DATES: This rule is effective from 6:50
a.m. on August 11, 2018 through 5:10
p.m. on August 12, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0659 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:
SUMMARY:
I. Table of Abbreviations
sradovich on DSK3GMQ082PROD with RULES
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The Coast
Guard did not receive the final details
of this competition in time to publish an
NPRM. As such, it is impracticable to
publish an NPRM because we lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
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Jkt 244001
this rule would inhibit the Coast
Guard’s ability to protect participants,
mariners and vessels from the hazards
associated with this event.
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; 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.
The Coast Guard will enforce a safety
zone from 6:50 a.m. through 5:10 p.m.
on August 11 and August 12, 2018 for
a competition utilizing motorized
personal watercraft will take place in
the vicinity of Lake Front Park in
Whiting, Indiana. The Captain of the
Port Lake Michigan has determined that
a competition of this nature poses a
significant risk to public safety and
property. Such hazards include
potential for collision with spectators
and participants. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
competition takes place.
IV. Discussion of the Rule
The Captain of the Port Lake
Michigan has determined that this
temporary safety zone is necessary to
protect the public during the watercraft
competition. This rule safety zone will
be enforced from 6:50 a.m. until 5:10
p.m. on August 11, 2018 and August 12,
2018. The safety zone will encompass
all navigable waters of Lake Michigan
near Lake Front Park, bounded by a line
drawn from the shore at 41°40.725 N,
087°28.633 W, then northeast to
41°40.891 N, 087°28.468 W, then
northwest to 41°41.494 N, 087°29.559
W, then southwest back to the shore at
41°41.235 N, 087°29.779 W.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Lake Michigan, or a designated onscene representative. The Captain of the
Port or a designated on-scene
representative may be contacted via
VHF Channel 16 or at (414) 747–7182.
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
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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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule 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.
We conclude that this rule is not a
significant regulatory action because we
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced on two
days from 6:50 a.m. until 5:10 p.m. on
August 11, 2018 and August 12, 2018.
Under certain conditions, moreover,
vessels may still transit through the
safety zone when permitted by the
Captain of the Port.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the reasons cited in the Regulatory
Planning and Review section.
Additionally, before the enforcement of
the zone, we will issue local Broadcast
Notice to Mariners and Local Notice to
Mariners so vessel owners and operators
can plan accordingly. While some
owners or operators of vessels intending
to transit the safety zone may be small
entities, for the reasons stated in section
V.A above, this rule will not have a
significant economic impact on any
vessel owner or operator.
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,
E:\FR\FM\09AUR1.SGM
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Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations
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.
sradovich on DSK3GMQ082PROD with RULES
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
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
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Jkt 244001
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
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
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
establishment of a safety zone on Lake
Michigan near North Avenue Beach in
Chicago, IL. It is categorically excluded
from further review under paragraph
L60(c) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
at 41°40.725 N, 087°28.633 W, then
northeast to 41°40.891 N, 087°28.468 W,
then northwest to 41°41.494 N,
087°29.559 W, then southwest back to
the shore at 41°41.235 N, 087°29.779 W.
(b) Enforcement period. This rule will
be effective from 6:50 a.m. on August
11, 2018 through 5:10 p.m. on August
12, 2018. It will be enforced from 6:50
a.m. through 5:10 p.m. on both days,
August 11 and 12, 2018.
(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. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Lake Michigan, or an onscene representative.
Dated: July 24, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2018–17074 Filed 8–8–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
■
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.T09–0659 to read as
follows:
■
§ 165.T09–0659 Safety Zone; Lake
Michigan, Whiting, Indiana.
(a) Location. All navigable waters of
Lake Michigan near Lake Front Park,
bounded by a line drawn from the shore
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39363
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0724]
RIN 1625–AA00
Safety Zones; Discovery World
Fireworks, Milwaukee Harbor,
Milwaukee, WI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
E:\FR\FM\09AUR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Rules and Regulations]
[Pages 39361-39363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17074]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0659]
RIN 1625-AA00
Safety Zone; Lake Michigan, Whiting, Indiana
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
[[Page 39362]]
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Michigan in the vicinity of Whiting, Indiana. This zone is
necessary to protect spectators and vessels from potential hazards
associated with a competition involving motorized personal watercraft.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Lake Michigan.
DATES: This rule is effective from 6:50 a.m. on August 11, 2018 through
5:10 p.m. on August 12, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0659 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 the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this competition in
time to publish an NPRM. As such, it is impracticable to publish an
NPRM because we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.
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; 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.
The Coast Guard will enforce a safety zone from 6:50 a.m. through
5:10 p.m. on August 11 and August 12, 2018 for a competition utilizing
motorized personal watercraft will take place in the vicinity of Lake
Front Park in Whiting, Indiana. The Captain of the Port Lake Michigan
has determined that a competition of this nature poses a significant
risk to public safety and property. Such hazards include potential for
collision with spectators and participants. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the competition takes place.
IV. Discussion of the Rule
The Captain of the Port Lake Michigan has determined that this
temporary safety zone is necessary to protect the public during the
watercraft competition. This rule safety zone will be enforced from
6:50 a.m. until 5:10 p.m. on August 11, 2018 and August 12, 2018. The
safety zone will encompass all navigable waters of Lake Michigan near
Lake Front Park, bounded by a line drawn from the shore at
41[deg]40.725 N, 087[deg]28.633 W, then northeast to 41[deg]40.891 N,
087[deg]28.468 W, then northwest to 41[deg]41.494 N, 087[deg]29.559 W,
then southwest back to the shore at 41[deg]41.235 N, 087[deg]29.779 W.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan,
or a designated on-scene representative. The Captain of the Port or a
designated on-scene representative may be contacted via VHF Channel 16
or at (414) 747-7182.
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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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.
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced on two days from 6:50 a.m. until 5:10
p.m. on August 11, 2018 and August 12, 2018. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the zone, we will issue local Broadcast Notice to
Mariners and Local Notice to Mariners so vessel owners and operators
can plan accordingly. While some owners or operators of vessels
intending to transit the safety zone may be small entities, for the
reasons stated in section V.A above, this rule will not have a
significant economic impact on any vessel owner or operator.
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,
[[Page 39363]]
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
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 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 establishment of a safety zone on
Lake Michigan near North Avenue Beach in Chicago, IL. It is
categorically excluded from further review under paragraph L60(c) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T09-0659 to read as follows:
Sec. 165.T09-0659 Safety Zone; Lake Michigan, Whiting, Indiana.
(a) Location. All navigable waters of Lake Michigan near Lake Front
Park, bounded by a line drawn from the shore at 41[deg]40.725 N,
087[deg]28.633 W, then northeast to 41[deg]40.891 N, 087[deg]28.468 W,
then northwest to 41[deg]41.494 N, 087[deg]29.559 W, then southwest
back to the shore at 41[deg]41.235 N, 087[deg]29.779 W.
(b) Enforcement period. This rule will be effective from 6:50 a.m.
on August 11, 2018 through 5:10 p.m. on August 12, 2018. It will be
enforced from 6:50 a.m. through 5:10 p.m. on both days, August 11 and
12, 2018.
(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. Vessel operators given permission to
enter or operate in the safety zone must comply with all directions
given to them by the Captain of the Port Lake Michigan, or an on-scene
representative.
Dated: July 24, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2018-17074 Filed 8-8-18; 8:45 am]
BILLING CODE 9110-04-P
