80_FR_24900 80 FR 24816 - Safety Zone; Floating Construction Platform, Chicago River, Chicago, IL

80 FR 24816 - Safety Zone; Floating Construction Platform, Chicago River, Chicago, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 84 (May 1, 2015)

Page Range24816-24819
FR Document2015-10215

The Coast Guard is establishing a temporary safety zone on the South Branch of the Chicago River, Chicago, Illinois. This temporary safety zone is intended to restrict vessels from a designated portion of the South Branch of the Chicago River due to the transit of a floating construction platform on April 26, 2015, or alternatively on a later date. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the transit of the floating construction platform.

Federal Register, Volume 80 Issue 84 (Friday, May 1, 2015)
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Rules and Regulations]
[Pages 24816-24819]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10215]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0333]
RIN 1625-AA00


Safety Zone; Floating Construction Platform, Chicago River, 
Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
South Branch of the Chicago River, Chicago, Illinois. This temporary 
safety zone is intended to restrict vessels from a designated portion 
of the South

[[Page 24817]]

Branch of the Chicago River due to the transit of a floating 
construction platform on April 26, 2015, or alternatively on a later 
date. This temporary safety zone is necessary to protect the 
surrounding public and vessels from the hazards associated with the 
transit of the floating construction platform.

DATES: This rule is effective from May 1, 2015 until May 9, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0333. To view documents mentioned in this preamble as being 
available in the docket, go to http://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 rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact or email MST1 John Ng, U.S. Coast Guard Marine Safety Unit 
Chicago, at (630) 986-2122 or [email protected]. If you have questions 
on viewing the docket, call Cheryl Collins, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 with 
respect to this rule because doing so would be impracticable and 
contrary to public interest. On April 22, 2015, the Coast Guard 
established a temporary safety zone to accommodate the transit of the 
floating construction platform, which was scheduled for April 19, 2015 
(USCG-2015-0277). However, we recently learned that scheduled transit 
would be postponed to April 26, 2015. We did not know of this change 
and the final details for this event until there was insufficient time 
remaining before the event to publish an NPRM. Thus, delaying the 
effective date of this rule to wait for a comment period to run would 
be both impracticable and contrary to the public interest because it 
would inhibit the Coast Guard's ability to protect participants, 
spectators and vessels from the hazards associated with this operation, 
which are discussed further below.
    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 and contrary to the public interest.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    On April 26, 2015, or alternatively on a later date on or prior to 
May 9, 2015, a floating construction platform will transit up the South 
Branch of the Chicago River, Chicago, Illinois from the Canal Street 
Bridge to the Lake Street Bridge. The Captain of the Port Lake Michigan 
has determined that the transit of the floating construction platform 
poses a significant risk to public safety and property. Such hazards 
include limited maneuverability and restricted visibility associated 
with the transit of a floating construction platform.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port, 
Lake Michigan, has determined that this temporary safety zone is 
necessary to ensure the safety of vessels during the transit of the 
floating construction platform on the South Branch of the Chicago 
River. This rule was enforced from 5:00 a.m. to 12:00 p.m. on April 26, 
2015. However, enforcement may occur on a later date within this 
effective period due to an unanticipated delay. In the event of a 
postponement, advanced notice of the enforcement time will be provided 
through Broadcast Notice to Mariners. The safety zone will encompass 
all waters of South Branch of the Chicago River, Chicago, IL, from the 
Canal Street Bridge to the Lake Street Bridge.
    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.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    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 only 
impact a small area of the Chicago River and will be enforced for an 
estimated period of seven hours on one day between April 25, 2015 and 
May 9, 2015. Under certain conditions, moreover, vessels may still 
transit through the safety zone when permitted by the Captain of the 
Port or a designated on-scene representative.

2. Impact on 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. 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 rule will affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in the affected portion of the South Branch of the 
Chicago River between 5:00 a.m. and 12:00 p.m. on April 26, 2015, or 
alternatively on a later date.
    This safety zone will not have a significant economic impact on a

[[Page 24818]]

substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of the zone, we would issue local Broadcast Notice to 
Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

    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 this 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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone and, 
therefore it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are 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 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T09-0333 to read as follows:


Sec.  165.T09-0333  Safety Zone; Floating Construction Platform, 
Chicago River, Chicago, IL.

    (a) Location. All waters of the South Branch of the Chicago River, 
Chicago, IL, from Canal Street Bridge to Lake Street Bridge.
    (b) Effective and Enforcement Period. This rule is effective from 
May 1, 2015 until May 9, 2015. This rule was enforced on April 26, 
2015, by actual notice. This rule may be enforced by actual or 
constructive notice after publication until May 9, 2015.
    (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

[[Page 24819]]

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 must contact the Captain of the Port Lake Michigan or an on-scene 
representative to obtain permission to do so. The Captain of the Port 
Lake Michigan or an on-scene representative may be contacted via VHF 
Channel 16. Vessel operators given permission to enter or operate in 
the safety zone must comply with all directions given to them by the 
Captain of the Port Lake Michigan or an on-scene representative.

    Dated: April 22, 2015.
K.M. Moser,
Commander, U.S. Coast Guard, Acting Captain of the Port, Lake Michigan.
[FR Doc. 2015-10215 Filed 4-30-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                24816                  Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations

                                                does not require an assessment of                       6. Unfunded Mandates Reform Act                       Management Directive 023–01 and
                                                potential costs and benefits under                         The Unfunded Mandates Reform Act                   Commandant Instruction M16475.lD,
                                                section 6(a)(3) of Order 12866 or under                 of 1995 (2 U.S.C. 1531–1538) requires                 which guides the Coast Guard in
                                                section 1 of Executive Order 13563. The                 Federal agencies to assess the effects of             complying with the National
                                                Office of Management and Budget has                     their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                                not reviewed it under those Orders.                     particular, the Act addresses actions                 (NEPA) (42 U.S.C. 4321–4370f), and
                                                  The Coast Guard does not consider                     that may result in the expenditure by a               have concluded that this action is one
                                                this rule to be ‘‘significant’’ under that              State, local, or tribal government, in the            of a category of actions that do not
                                                Order because it is an administrative                   aggregate, or by the private sector of                individually or cumulatively have a
                                                change and does not affect the way                      $100,000,000 (adjusted for inflation) or              significant effect on the human
                                                vessels operate on the waterway.                        more in any one year. Though this rule                environment. This rule involves
                                                2. Impact on Small Entities                             will not result in such an expenditure,               removing 33 CFR 117.1089(b) from the
                                                                                                        we do discuss the effects of this rule                regulations. This rule is categorically
                                                   The Regulatory Flexibility Act of 1980                                                                     excluded, under figure 2–1, paragraph
                                                (RFA), 5 U.S.C. 601–612, as amended,                    elsewhere in this preamble.
                                                                                                                                                              (32)(e), of the Instruction.
                                                requires federal agencies to consider the               7. Taking of Private Property                           Under figure 2–1, paragraph (32)(e), of
                                                potential impact of regulations on small                   This rule will not cause a taking of               the Instruction, an environmental
                                                entities during rulemaking. The term                    private property or otherwise have                    analysis checklist and a categorical
                                                ‘‘small entities’’ comprises small                      taking implications under Executive                   exclusion determination are not
                                                businesses, not-for-profit organizations                Order 12630, Governmental Actions and                 required for this rule.
                                                that are independently owned and                        Interference with Constitutionally
                                                operated and are not dominant in their                                                                        List of Subjects in 33 CFR Part 117
                                                                                                        Protected Property Rights.
                                                fields, and governmental jurisdictions                                                                          Bridges.
                                                with populations of less than 50,000.                   8. Civil Justice Reform                                 For the reasons discussed in the
                                                The Coast Guard certifies under 5 U.S.C.                   This rule meets applicable standards               preamble, the Coast Guard amends 33
                                                605(b) that this rule will not have a                   in sections 3(a) and 3(b)(2) of Executive             CFR part 117 as follows:
                                                significant economic impact on a                        Order 12988, Civil Justice Reform, to
                                                substantial number of small entities.                   minimize litigation, eliminate                        PART 117—DRAWBRIDGE
                                                   This rule will have no effect on small               ambiguity, and reduce burden.                         OPERATION REGULATIONS
                                                entities since this drawbridge has been
                                                removed and the regulation governing                    9. Protection of Children                             ■ 1. The authority citation for part 117
                                                draw operations for this bridge is no                      We have analyzed this rule under                   continues to read as follows:
                                                longer applicable. There is no new                      Executive Order 13045, Protection of                    Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                restriction or regulation being imposed                 Children from Environmental Health                    Department of Homeland Security Delegation
                                                by this rule; therefore, the Coast Guard                Risks and Safety Risks. This rule is not              No. 0170.1.
                                                certifies under 5 U.S.C. 605(b) that this               an economically significant rule and
                                                final rule will not have a significant                                                                        § 117.1089   [Amended]
                                                                                                        does not create an environmental risk to
                                                economic impact on a substantial                        health or risk to safety that might                   ■ 2. In § 117.1089 remove and reserve
                                                number of small entities.                               disproportionately affect children.                   paragraph (b).
                                                3. Collection of Information                            10. Indian Tribal Governments                           Dated: April 20, 2015.
                                                   This rule calls for no new collection                                                                      F.M. Midgette,
                                                                                                           This rule does not have tribal
                                                of information under the Paperwork                                                                            Rear Admiral, U.S. Coast Guard, Commander,
                                                                                                        implications under Executive Order
                                                Reduction Act of 1995 (44 U.S.C. 3501–                                                                        Ninth Coast Guard District.
                                                                                                        13175, Consultation and Coordination
                                                3520).                                                                                                        [FR Doc. 2015–10238 Filed 4–30–15; 8:45 am]
                                                                                                        with Indian Tribal Governments,
                                                                                                                                                              BILLING CODE 9110–04–P
                                                4. Federalism                                           because it does not have a substantial
                                                                                                        direct effect on one or more Indian
                                                   A rule has implications for federalism               tribes, on the relationship between the
                                                under Executive Order 13132,                                                                                  DEPARTMENT OF HOMELAND
                                                                                                        Federal Government and Indian tribes,
                                                Federalism, if it has a substantial direct                                                                    SECURITY
                                                                                                        or on the distribution of power and
                                                effect on the States, on the relationship               responsibilities between the Federal
                                                between the national government and                                                                           Coast Guard
                                                                                                        Government and Indian tribes.
                                                the States, or on the distribution of
                                                power and responsibilities among the                    11. Energy Effects                                    33 CFR Part 165
                                                various levels of government. We have                     This action is not a ‘‘significant                  [Docket No. USCG–2015–0333]
                                                analyzed this rule under that Order and                 energy action’’ under Executive Order                 RIN 1625–AA00
                                                have determined that it does not have                   13211, Actions Concerning Regulations
                                                implications for federalism.                            That Significantly Affect Energy Supply,              Safety Zone; Floating Construction
                                                5. Protest Activities                                   Distribution, or Use.                                 Platform, Chicago River, Chicago, IL
                                                   The Coast Guard respects the First                   12. Technical Standards                               AGENCY:    Coast Guard, DHS.
                                                Amendment rights of protesters.                           This rule does not use technical                    ACTION:   Temporary final rule.
mstockstill on DSK4VPTVN1PROD with RULES




                                                Protesters are asked to contact the                     standards. Therefore, we did not
                                                person listed in the FOR FURTHER                        consider the use of voluntary consensus               SUMMARY:   The Coast Guard is
                                                INFORMATION CONTACT section to                          standards.                                            establishing a temporary safety zone on
                                                coordinate protest activities so that your                                                                    the South Branch of the Chicago River,
                                                message can be received without                         13. Environment                                       Chicago, Illinois. This temporary safety
                                                jeopardizing the safety or security of                    We have analyzed this rule under                    zone is intended to restrict vessels from
                                                people, places or vessels.                              Department of Homeland Security                       a designated portion of the South


                                           VerDate Sep<11>2014   15:47 Apr 30, 2015   Jkt 235001   PO 00000   Frm 00038   Fmt 4700   Sfmt 4700   E:\FR\FM\01MYR1.SGM   01MYR1


                                                                       Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations                                         24817

                                                Branch of the Chicago River due to the                  (USCG–2015–0277). However, we                           Entry into, transiting, or anchoring
                                                transit of a floating construction                      recently learned that scheduled transit               within the safety zone is prohibited
                                                platform on April 26, 2015, or                          would be postponed to April 26, 2015.                 unless authorized by the Captain of the
                                                alternatively on a later date. This                     We did not know of this change and the                Port Lake Michigan or a designated on-
                                                temporary safety zone is necessary to                   final details for this event until there              scene representative. The Captain of the
                                                protect the surrounding public and                      was insufficient time remaining before                Port or a designated on-scene
                                                vessels from the hazards associated with                the event to publish an NPRM. Thus,                   representative may be contacted via
                                                the transit of the floating construction                delaying the effective date of this rule to           VHF Channel 16.
                                                platform.                                               wait for a comment period to run would
                                                                                                        be both impracticable and contrary to                 D. Regulatory Analyses
                                                DATES: This rule is effective from May
                                                                                                        the public interest because it would                    We developed this rule after
                                                1, 2015 until May 9, 2015.
                                                                                                        inhibit the Coast Guard’s ability to                  considering numerous statutes and
                                                ADDRESSES: Documents mentioned in                                                                             executive orders related to rulemaking.
                                                                                                        protect participants, spectators and
                                                this preamble are part of docket USCG–                  vessels from the hazards associated with              Below we summarize our analyses
                                                2015–0333. To view documents                            this operation, which are discussed                   based on these statutes and executive
                                                mentioned in this preamble as being                     further below.                                        orders.
                                                available in the docket, go to http://                     Under 5 U.S.C. 553(d)(3), the Coast
                                                www.regulations.gov, type the docket                                                                          1. Regulatory Planning and Review
                                                                                                        Guard finds that good cause exists for
                                                number in the ‘‘SEARCH’’ box and click                  making this temporary rule effective less                This rule is not a significant
                                                ‘‘SEARCH.’’ Click on Open Docket                        than 30 days after publication in the                 regulatory action under section 3(f) of
                                                Folder on the line associated with this                 Federal Register for the same reasons                 Executive Order 12866, Regulatory
                                                rulemaking. You may also visit the                      discussed in the preceding paragraph,                 Planning and Review, as supplemented
                                                Docket Management Facility in Room                      waiting for a 30 day notice period to run             by Executive Order 13563, Improving
                                                W12–140 on the ground floor of the                      would be impracticable and contrary to                Regulation and Regulatory Review, and
                                                Department of Transportation West                       the public interest.                                  does not require an assessment of
                                                Building, 1200 New Jersey Avenue SE.,                                                                         potential costs and benefits under
                                                Washington, DC 20590, between 9 a.m.                    B. Basis and Purpose                                  section 6(a)(3) of Executive Order 12866
                                                and 5 p.m., Monday through Friday,                         The legal basis for this rule is the               or under section 1 of Executive Order
                                                except Federal holidays.                                Coast Guard’s authority to establish                  13563. The Office of Management and
                                                FOR FURTHER INFORMATION CONTACT: If                     safety zones: 33 U.S.C. 1231; 33 CFR                  Budget has not reviewed it under those
                                                you have questions on this rule, contact                1.05–1, 160.5; Department of Homeland                 Orders.
                                                or email MST1 John Ng, U.S. Coast                       Security Delegation No. 0170.1.                          We conclude that this rule is not a
                                                Guard Marine Safety Unit Chicago, at                       On April 26, 2015, or alternatively on             significant regulatory action because we
                                                (630) 986–2122 or John.H.Ng@uscg.mil.                   a later date on or prior to May 9, 2015,              anticipate that it will have minimal
                                                If you have questions on viewing the                    a floating construction platform will                 impact on the economy, will not
                                                docket, call Cheryl Collins, Program                    transit up the South Branch of the                    interfere with other agencies, will not
                                                Manager, Docket Operations, telephone                   Chicago River, Chicago, Illinois from the             adversely alter the budget of any grant
                                                (202) 366–9826.                                         Canal Street Bridge to the Lake Street                or loan recipients, and will not raise any
                                                SUPPLEMENTARY INFORMATION:                              Bridge. The Captain of the Port Lake                  novel legal or policy issues. The safety
                                                                                                        Michigan has determined that the                      zone created by this rule will only
                                                Table of Acronyms                                       transit of the floating construction                  impact a small area of the Chicago River
                                                DHS Department of Homeland Security                     platform poses a significant risk to                  and will be enforced for an estimated
                                                FR Federal Register                                     public safety and property. Such                      period of seven hours on one day
                                                NPRM Notice of Proposed Rulemaking                      hazards include limited                               between April 25, 2015 and May 9,
                                                TFR Temporary Final Rule                                maneuverability and restricted visibility             2015. Under certain conditions,
                                                                                                        associated with the transit of a floating             moreover, vessels may still transit
                                                A. Regulatory History and Information
                                                                                                        construction platform.                                through the safety zone when permitted
                                                   The Coast Guard is issuing this                                                                            by the Captain of the Port or a
                                                temporary final rule without prior                      C. Discussion of the Final Rule
                                                                                                                                                              designated on-scene representative.
                                                notice and opportunity to comment                          With the aforementioned hazards in
                                                pursuant to authority under section 4(a)                mind, the Captain of the Port, Lake                   2. Impact on Small Entities
                                                of the Administrative Procedure Act                     Michigan, has determined that this                       Under the Regulatory Flexibility Act
                                                (APA) (5 U.S.C. 553(b)). This provision                 temporary safety zone is necessary to                 (5 U.S.C. 601–612), we have considered
                                                authorizes an agency to issue a rule                    ensure the safety of vessels during the               the impact of this temporary rule on
                                                without prior notice and opportunity to                 transit of the floating construction                  small entities. The Coast Guard certifies
                                                comment when the agency for good                        platform on the South Branch of the                   under 5 U.S.C. 605(b) that this rule will
                                                cause finds that those procedures are                   Chicago River. This rule was enforced                 not have a significant economic impact
                                                ‘‘impracticable, unnecessary, or contrary               from 5:00 a.m. to 12:00 p.m. on April                 on a substantial number of small
                                                to the public interest.’’ Under 5 U.S.C.                26, 2015. However, enforcement may                    entities.
                                                553(b)(B), the Coast Guard finds that                   occur on a later date within this                        This rule will affect the following
                                                good cause exists for not publishing a                  effective period due to an unanticipated              entities, some of which might be small
                                                notice of proposed rulemaking with                      delay. In the event of a postponement,                entities: the owners or operators of
mstockstill on DSK4VPTVN1PROD with RULES




                                                respect to this rule because doing so                   advanced notice of the enforcement                    vessels intending to transit or anchor in
                                                would be impracticable and contrary to                  time will be provided through Broadcast               the affected portion of the South Branch
                                                public interest. On April 22, 2015, the                 Notice to Mariners. The safety zone will              of the Chicago River between 5:00 a.m.
                                                Coast Guard established a temporary                     encompass all waters of South Branch of               and 12:00 p.m. on April 26, 2015, or
                                                safety zone to accommodate the transit                  the Chicago River, Chicago, IL, from the              alternatively on a later date.
                                                of the floating construction platform,                  Canal Street Bridge to the Lake Street                   This safety zone will not have a
                                                which was scheduled for April 19, 2015                  Bridge.                                               significant economic impact on a


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                                                24818                  Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations

                                                substantial number of small entities for                jeopardizing the safety or security of                14. Environment
                                                the reasons cited in the Regulatory                     people, places or vessels.                               We have analyzed this rule under
                                                Planning and Review section.                                                                                  Department of Homeland Security
                                                                                                        7. Unfunded Mandates Reform Act
                                                Additionally, before the enforcement of                                                                       Management Directive 023–01 and
                                                the zone, we would issue local                            The Unfunded Mandates Reform Act                    Commandant Instruction M16475.lD,
                                                Broadcast Notice to Mariners so vessel                  of 1995 (2 U.S.C. 1531–1538) requires                 which guide the Coast Guard in
                                                owners and operators can plan                           Federal agencies to assess the effects of             complying with the National
                                                accordingly.                                            their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                                                                                        particular, the Act addresses actions                 (NEPA) (42 U.S.C. 4321–4370f), and
                                                3. Assistance for Small Entities
                                                                                                        that may result in the expenditure by a               have determined that this action is one
                                                   Under section 213(a) of the Small                    State, local, or tribal government, in the            of a category of actions that do not
                                                Business Regulatory Enforcement                         aggregate, or by the private sector of                individually or cumulatively have a
                                                Fairness Act of 1996 (Pub. L. 104–121),                 $100,000,000 (adjusted for inflation) or              significant effect on the human
                                                we want to assist small entities in                     more in any one year. Though this rule                environment. This rule involves the
                                                understanding this rule. If this rule                   will not result in such an expenditure,               establishment of a safety zone and,
                                                would affect your small business,                       we do discuss the effects of this rule                therefore it is categorically excluded
                                                organization, or governmental                           elsewhere in this preamble.                           from further review under paragraph
                                                jurisdiction and you have questions                                                                           34(g) of Figure 2–1 of the Commandant
                                                                                                        8. Taking of Private Property
                                                concerning its provisions or options for                                                                      Instruction. An environmental analysis
                                                compliance, please contact the person                     This rule will not cause a taking of                checklist supporting this determination
                                                listed in the FOR FURTHER INFORMATION                   private property or otherwise have                    and a Categorical Exclusion
                                                CONTACT, above.                                         taking implications under Executive                   Determination are available in the
                                                   Small businesses may send comments                   Order 12630, Governmental Actions and                 docket where indicated under
                                                on the actions of Federal employees                     Interference with Constitutionally                    ADDRESSES. We seek any comments or
                                                who enforce, or otherwise determine                     Protected Property Rights.                            information that may lead to the
                                                compliance with, Federal regulations to                 9. Civil Justice Reform                               discovery of a significant environmental
                                                the Small Business and Agriculture                                                                            impact from this rule.
                                                Regulatory Enforcement Ombudsman                          This rule meets applicable standards
                                                and the Regional Small Business                         in sections 3(a) and 3(b)(2) of Executive             List of Subjects in 33 CFR Part 165
                                                Regulatory Fairness Boards. The                         Order 12988, Civil Justice Reform, to                   Harbors, Marine safety, Navigation
                                                Ombudsman evaluates these actions                       minimize litigation, eliminate                        (water), Reporting and record keeping
                                                annually and rates each agency’s                        ambiguity, and reduce burden.                         requirements, Security measures,
                                                responsiveness to small business. If you                                                                      Waterways.
                                                                                                        10. Protection of Children
                                                wish to comment on actions by                                                                                   For the reasons discussed in the
                                                employees of the Coast Guard, call 1–                     We have analyzed this rule under                    preamble, the Coast Guard amends 33
                                                888–REG–FAIR (1–888–734–3247). The                      Executive Order 13045, Protection of                  CFR part 165 as follows:
                                                Coast Guard will not retaliate against                  Children from Environmental Health
                                                small entities that question or complain                Risks and Safety Risks. This rule is not              PART 165—REGULATED NAVIGATION
                                                about this rule or any policy or action                 an economically significant rule and                  AREAS AND LIMITED ACCESS AREAS
                                                of the Coast Guard.                                     does not create an environmental risk to
                                                                                                        health or risk to safety that may                     ■ 1. The authority citation for part 165
                                                4. Collection of Information                                                                                  continues to read as follows:
                                                                                                        disproportionately affect children.
                                                  This rule will not call for a new                                                                             Authority: 33 U.S.C. 1231; 46 U.S.C.
                                                                                                        11. Indian Tribal Governments                         Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
                                                collection of information under the
                                                Paperwork Reduction Act of 1995 (44                        This rule does not have tribal                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                                                                              Pub. L. 107–295, 116 Stat. 2064; Department
                                                U.S.C. 3501–3520).                                      implications under Executive Order
                                                                                                                                                              of Homeland Security Delegation No. 0170.1.
                                                                                                        13175, Consultation and Coordination
                                                5. Federalism                                                                                                 ■ 2. Add § 165.T09–0333 to read as
                                                                                                        with Indian Tribal Governments,
                                                   A rule has implications for federalism               because it does not have a substantial                follows:
                                                under Executive Order 13132,                            direct effect on one or more Indian                   § 165.T09–0333 Safety Zone; Floating
                                                Federalism, if it has a substantial direct              tribes, on the relationship between the               Construction Platform, Chicago River,
                                                effect on the States, on the relationship               Federal Government and Indian tribes,                 Chicago, IL.
                                                between the national government and                     or on the distribution of power and                     (a) Location. All waters of the South
                                                the States, or on the distribution of                   responsibilities between the Federal                  Branch of the Chicago River, Chicago,
                                                power and responsibilities among the                    Government and Indian tribes.                         IL, from Canal Street Bridge to Lake
                                                various levels of government. We have                                                                         Street Bridge.
                                                                                                        12. Energy Effects
                                                analyzed this rule under that Order and                                                                         (b) Effective and Enforcement Period.
                                                determined that this rule does not have                   This action is not a ‘‘significant                  This rule is effective from May 1, 2015
                                                implications for federalism.                            energy action’’ under Executive Order                 until May 9, 2015. This rule was
                                                                                                        13211, Actions Concerning Regulations                 enforced on April 26, 2015, by actual
                                                6. Protest Activities
                                                                                                        That Significantly Affect Energy Supply,              notice. This rule may be enforced by
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                                                  The Coast Guard respects the First                    Distribution, or Use.                                 actual or constructive notice after
                                                Amendment rights of protesters.                                                                               publication until May 9, 2015.
                                                                                                        13. Technical Standards
                                                Protesters are asked to contact the                                                                             (c) Regulations.
                                                person listed in the FOR FURTHER                          This rule does not use technical                      (1) In accordance with the general
                                                INFORMATION CONTACT section to                          standards. Therefore, we did not                      regulations in § 165.23 of this part, entry
                                                coordinate protest activities so that your              consider the use of voluntary consensus               into, transiting, or anchoring within this
                                                message can be received without                         standards.                                            safety zone is prohibited unless


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                                                                       Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations                                         24819

                                                authorized by the Captain of the Port                   disorder to qualify for the HCHV                      2012), VA only had authority to provide
                                                Lake Michigan or a designated on-scene                  program. This change makes the                        HCHV services to veterans with serious
                                                representative.                                         program available to all homeless                     mental illness, including veterans who
                                                   (2) This safety zone is closed to all                veterans who are enrolled in or eligible              are homeless. As amended, the law
                                                vessel traffic, except as may be                        for VA health care. The rule also                     authorizes VA to make services under
                                                permitted by the Captain of the Port                    updates the definition of homeless to                 the HCHV program available to all
                                                Lake Michigan or a designated on-scene                  match in part the one used by the                     homeless veterans VA provides care and
                                                representative.                                         Department of Housing and Urban                       services to, regardless of whether they
                                                   (3) The ‘‘on-scene representative’’ of               Development (HUD). The rule further                   have a serious mental illness. VA fully
                                                the Captain of the Port Lake Michigan                   clarifies that the services provided by               supports the change in law, and agrees
                                                is any Coast Guard commissioned,                        the HCHV program through non-VA                       with the commenter that benefits for
                                                warrant or petty officer who has been                   community-based providers must                        homeless veterans provided through the
                                                designated by the Captain of the Port                   include case management services,                     HCHV program should not be
                                                Lake Michigan to act on his or her                      including non-clinical case                           predicated on a diagnosis of serious
                                                behalf.                                                 management, as appropriate.                           mental illness. This regulation will
                                                   (4) Vessel operators desiring to enter               DATES: This final rule is effective June              remove that requirement, thereby
                                                or operate within the safety zone must                  1, 2015.                                              allowing all eligible homeless veterans
                                                contact the Captain of the Port Lake                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              to receive services. VA is not making a
                                                Michigan or an on-scene representative                  Robert Hallett, Health Care for Homeless              change based on this comment.
                                                to obtain permission to do so. The                                                                               Another commenter asked VA to
                                                                                                        Veterans Manager, c/o Bedford VA
                                                Captain of the Port Lake Michigan or an                                                                       make the changes in the proposed rule,
                                                                                                        Medical Center, Veterans Health
                                                on-scene representative may be                                                                                stating that homeless veterans should be
                                                                                                        Administration, 200 Springs Road, Bldg.
                                                contacted via VHF Channel 16. Vessel                                                                          provided resources through the HCHV
                                                                                                        17, Bedford, MA 01730; (781) 687–3187.
                                                operators given permission to enter or                                                                        program regardless of whether or not
                                                                                                        (This is not a toll-free number.)                     they have a mental illness. Another
                                                operate in the safety zone must comply                  SUPPLEMENTARY INFORMATION: The
                                                with all directions given to them by the                                                                      commenter stated her wholehearted
                                                                                                        HCHV program is authorized by section                 support for the proposed amendment.
                                                Captain of the Port Lake Michigan or an                 2031 of title 38, United States Code
                                                on-scene representative.                                                                                      Another commenter stated the proposed
                                                                                                        (U.S.C.), under which VA may provide                  changes need to be passed. We
                                                  Dated: April 22, 2015.                                to eligible veterans outreach; care,                  appreciate the commenters taking the
                                                K.M. Moser,                                             treatment, and rehabilitative services                time to review this rulemaking.
                                                Commander, U.S. Coast Guard, Acting                     (directly or by contract in community-                   Another commenter expressed
                                                Captain of the Port, Lake Michigan.                     based treatment facilities, including                 support for the rule and noted that the
                                                [FR Doc. 2015–10215 Filed 4–30–15; 8:45 am]             halfway houses); and therapeutic                      proposed change could reduce the
                                                BILLING CODE 9110–04–P                                  transitional housing assistance, under                social stigma many homeless veterans
                                                                                                        38 U.S.C. 2032, in conjunction with                   who do not suffer from a serious mental
                                                                                                        work therapy under 38 U.S.C. 1718(a)–                 illness feel about seeking assistance to
                                                DEPARTMENT OF VETERANS                                  (b). Under current regulations, only                  address their homelessness. Another
                                                AFFAIRS                                                 veterans who are homeless, enrolled in                commenter noted that removing the
                                                                                                        the VA health care system or eligible for             requirement of a diagnosis for mental
                                                38 CFR Part 63                                          VA health care under title 38, Code of                illness would also help homeless
                                                                                                        Federal Regulations (CFR), § 17.36 or                 veterans with serious mental illness
                                                RIN 2900–AO71
                                                                                                        17.37, and have a serious mental illness              access the program, as they may not
                                                Health Care for Homeless Veterans                       and/or substance use disorder are                     have been willing to acknowledge their
                                                Program                                                 eligible for the program. 38 CFR 63.3(a).             disability before. We agree and believe
                                                                                                           In a document published in the                     that these changes will help more
                                                AGENCY:    Department of Veterans Affairs.              Federal Register on May 15, 2014 (79                  homeless veterans, both those with and
                                                ACTION:   Final rule.                                   FR 27826), VA proposed to amend part                  without a serious mental illness, access
                                                                                                        63 of 38 CFR to remove the requirement                the health care services they need
                                                SUMMARY:   The Department of Veterans                   that homeless veterans must suffer from               through the HCHV program.
                                                Affairs (VA) amends its medical                         a serious mental illness or substance use                One commenter expressed support for
                                                regulations concerning eligibility for the              disorder to be eligible for HCHV, to                  the proposed changes, but identified
                                                Health Care for Homeless Veterans                       modify the definition of the term                     two concerns. First, the commenter
                                                (HCHV) program. The HCHV program                        ‘‘homeless’’ to match in part the                     urged VA to request increased funding
                                                provides per diem payments to non-VA                    definition used by HUD, and to require                and resources to accommodate the
                                                community-based facilities that provide                 HCHV providers to offer case                          number of new enrollees that would be
                                                housing, outreach services, case                        management services to homeless                       eligible as a result of the proposed rule.
                                                management services, and rehabilitative                 veterans, as appropriate. We provided a               Second, the commenter stated their
                                                services, and may provide care and/or                   60-day comment period, which ended                    concern that the proposed rule could
                                                treatment to homeless veterans who are                  on July 14, 2014. We received seven                   have the unintended effect of
                                                enrolled in or eligible for VA health                   comments, all of which supported the                  disadvantaging homeless veterans with
                                                care. The rule modifies VA’s HCHV                       proposed changes to part 63.                          a serious mental illness if HCHV
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                                                regulations to conform to changes                          One commenter stated that it is                    providers find that veterans without a
                                                enacted in the Honoring America’s                       shameful that homeless veterans have to               mental illness are easier to place or
                                                Veterans and Caring for Camp Lejeune                    be diagnosed with an illness before they              receive the bulk of the services
                                                Families Act of 2012. Specifically, the                 can receive the benefits they have                    available. While the first comment is
                                                rule removes the requirement that                       earned through military service. Before               somewhat outside the scope of this rule,
                                                homeless veterans be diagnosed with a                   the enactment of Public Law 112–154,                  VA will take into account the changes
                                                serious mental illness or substance use                 § 302, 126 Stat. 1164, 1184 (Aug. 6,                  made as a result of this rule when


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Document Created: 2018-02-21 10:20:34
Document Modified: 2018-02-21 10:20:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from May 1, 2015 until May 9, 2015.
ContactIf you have questions on this rule, contact or email MST1 John Ng, U.S. Coast Guard Marine Safety Unit Chicago, at (630) 986-2122 or [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 24816 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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