80_FR_49313 80 FR 49155 - Safety Zone; U.S. Army Exercise, Des Plaines River, Channahon, IL

80 FR 49155 - Safety Zone; U.S. Army Exercise, Des Plaines River, Channahon, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 158 (August 17, 2015)

Page Range49155-49157
FR Document2015-20251

The Coast Guard is establishing a temporary safety zone on the Des Plaines River between mile marker 277.8 and mile marker 279.2, Channahon, IL. This safety zone is intended to restrict vessels from a portion of the Des Plaines River from August 18, 2015 to August 19, 2015, with a rain date of August 20, 2015. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with low flying aircraft and bridging operations spanning the width of the river for a U.S. Army exercise.

Federal Register, Volume 80 Issue 158 (Monday, August 17, 2015)
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Rules and Regulations]
[Pages 49155-49157]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20251]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0760]
RIN 1625-AA00


Safety Zone; U.S. Army Exercise, Des Plaines River, Channahon, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Des Plaines River between mile marker 277.8 and mile marker 279.2, 
Channahon, IL. This safety zone is intended to restrict vessels from a 
portion of the Des Plaines River from August 18, 2015 to August 19, 
2015, with a rain date of August 20, 2015. This temporary safety zone 
is necessary to protect the surrounding public and vessels from the 
hazards associated with low flying aircraft and bridging operations 
spanning the width of the river for a U.S. Army exercise.

DATES: This rule is effective from 12:01 a.m. on August 18, 2015 to 
11:59 p.m. on August 20, 2015. This rule will be enforced with actual 
notice from 6:30 a.m. until 6:30 p.m. on August 18, 2015 and August 19, 
2015, or alternatively if postponed due to inclement weather, from 6:30 
a.m. until 6:30 p.m. on August 20, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0760. 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 LT Lindsay Cook, U.S. Coast Guard Marine Safety Unit 
Chicago, at (630) 986-2155 or Lindsay.N.Cook@uscg.mil. 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

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. The final 
details for this event were not known to the Coast Guard 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 impracticable because it would inhibit the Coast 
Guard's ability to protect the public and vessels from the hazards 
associated with low flying aircraft and bridging operations spanning 
the width of the river for a U.S. Army exercise.
    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.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    On August 18, 2015 and August 19, 2015, the U.S. Army will conduct 
a bridging exercise spanning the width of the river. The Captain of the 
Port, Lake Michigan, has determined that the low flying aircraft and 
bridging operations spanning the width of the river associated with 
this exercise will pose a significant risk to public safety and 
property. This safety zone is necessary to protect the public from the 
hazards associated with low flying aircraft and bridging operations.

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 the public and the participants 
during a U.S. Army exercise on a portion of the Des Plaines River from 
mile marker 277.8 to mile marker 279.2. This safety zone will be 
enforced from 6:30 a.m. until 6:30 p.m. on August 18, 2015 and August 
19, 2015. If the event is postponed due to inclement weather, the 
safety zone will be enforced from 6:30 a.m. until 6:30 p.m. on August 
20, 2015, the allotted rain date. This zone will encompass all waters 
of the Des Plaines River from mile marker 277.8 to mile marker 279.2.
    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.

[[Page 49156]]

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 be 
relatively small and enforced between the hours of 6:30 a.m. and 6:30 
p.m. during a two day period. Under certain conditions, moreover, 
vessels may still transit through the safety zone when permitted by the 
Captain of the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on small entities. This 
rule will affect the following entities, some of which might be small 
entities: The owners or operators of vessels intending to transit on a 
portion of the Des Plaines River from mile marker 277.8 to mile marker 
279.2 on August 18, 2015 and August 19, 2015 or on August 20, 2015.
    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 Public Notice of Safety Zone 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 the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
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

[[Page 49157]]

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 
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.T09-0760 to read as follows:


Sec.  165.T09-0760  Safety Zone; U.S. Army Exercise, Des Plaines River, 
Channahon, IL.

    (a) Location. All waters on the Des Plaines River between the mile 
marker 277.8 and mile marker 279.2, Channahon, IL.
    (b) Effective and Enforcement Period. This rule is effective from 
12:01 a.m. on August 18, 2015 to 11:59 p.m. on August 20, 2015. This 
rule will be enforced with actual notice from 6:30 a.m. until 6:30 p.m. 
on August 18, 2015 and August 19, 2015, or alternatively if postponed 
due to weather, from 6:30 a.m. until 6:30 p.m. on August 20, 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 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. 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: August 6, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2015-20251 Filed 8-14-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations                                         49155

                                              (3) All vessels underway within this                  on August 20, 2015. This rule will be                 hazards associated with low flying
                                            safety zone at the time it is implemented               enforced with actual notice from 6:30                 aircraft and bridging operations
                                            are to depart the zone immediately.                     a.m. until 6:30 p.m. on August 18, 2015               spanning the width of the river for a
                                              (4) The Captain of the Port, Hampton                  and August 19, 2015, or alternatively if              U.S. Army exercise.
                                            Roads or his representative can be                      postponed due to inclement weather,                     Under 5 U.S.C. 553(d)(3), the Coast
                                            contacted at telephone number (757)                     from 6:30 a.m. until 6:30 p.m. on August              Guard finds that good cause exists for
                                            668–5555.                                               20, 2015.                                             making this temporary rule effective less
                                              (5) The Coast Guard and designated                    ADDRESSES: Documents mentioned in                     than 30 days after publication in the
                                            James River Reserve Fleet security                      this preamble are part of docket USCG–                Federal Register. For the same reasons
                                            vessels enforcing the safety zone can be                2015–0760. To view documents                          discussed in the preceding paragraph,
                                            contacted on VHF–FM marine band                         mentioned in this preamble as being                   waiting for a 30 day notice period to run
                                            radio channel 13 (165.65 Mhz) and                       available in the docket, go to http://                would be impracticable.
                                            channel 16 (156.8 Mhz).                                 www.regulations.gov, type the docket
                                              (6) This section applies to all persons                                                                     B. Basis and Purpose
                                                                                                    number in the ‘‘SEARCH’’ box and click
                                            or vessels wishing to transit through the               ‘‘SEARCH.’’ Click on Open Docket                         The legal basis for the rule is the
                                            safety zone except participants and                     Folder on the line associated with this               Coast Guard’s authority to establish
                                            vessels that are engaged in the following               rulemaking. You may also visit the                    safety zones: 33 U.S.C. 1231; 33 CFR
                                            operations:                                             Docket Management Facility in Room                    1.05–1, 160.5; Department of Homeland
                                              (i) Enforcing laws;                                   W12–140 on the ground floor of the                    Security Delegation No. 0170.1.
                                              (ii) Servicing aids to navigation; and                Department of Transportation West                        On August 18, 2015 and August 19,
                                              (iii) Emergency response vessels.                     Building, 1200 New Jersey Avenue SE.,                 2015, the U.S. Army will conduct a
                                              (7) The U.S. Coast Guard may be                                                                             bridging exercise spanning the width of
                                                                                                    Washington, DC 20590, between 9 a.m.
                                            assisted in the patrol and enforcement                                                                        the river. The Captain of the Port, Lake
                                                                                                    and 5 p.m., Monday through Friday,
                                            of the safety zone by Federal, State, and                                                                     Michigan, has determined that the low
                                                                                                    except Federal holidays.
                                            local agencies.                                                                                               flying aircraft and bridging operations
                                              (d) Enforcement period. This rule will                FOR FURTHER INFORMATION CONTACT: If
                                                                                                    you have questions on this rule, contact              spanning the width of the river
                                            be enforced from 8 a.m. on August 17,
                                                                                                    or email LT Lindsay Cook, U.S. Coast                  associated with this exercise will pose
                                            2015 to 4 p.m. on August 21, 2015.
                                                                                                    Guard Marine Safety Unit Chicago, at                  a significant risk to public safety and
                                              Dated: July 31, 2015.                                                                                       property. This safety zone is necessary
                                                                                                    (630) 986–2155 or
                                            Christopher S. Keane,                                   Lindsay.N.Cook@uscg.mil. If you have                  to protect the public from the hazards
                                            Captain, U.S. Coast Guard, Captain of the               questions on viewing the docket, call                 associated with low flying aircraft and
                                            Port Hampton Roads.                                     Cheryl Collins, Program Manager,                      bridging operations.
                                            [FR Doc. 2015–20115 Filed 8–14–15; 8:45 am]             Docket Operations, telephone (202)                    C. Discussion of the Final Rule
                                            BILLING CODE 9110–04–P                                  366–9826.
                                                                                                                                                            With the aforementioned hazards in
                                                                                                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                          mind, the Captain of the Port, Lake
                                            DEPARTMENT OF HOMELAND                                  Table of Acronyms                                     Michigan, has determined that this
                                            SECURITY                                                DHS Department of Homeland Security                   temporary safety zone is necessary to
                                                                                                    FR Federal Register                                   ensure the safety of the public and the
                                            Coast Guard                                             NPRM Notice of Proposed Rulemaking                    participants during a U.S. Army
                                                                                                                                                          exercise on a portion of the Des Plaines
                                            33 CFR Part 165                                         A. Regulatory History and Information                 River from mile marker 277.8 to mile
                                            [Docket No. USCG–2015–0760]                                The Coast Guard is issuing this                    marker 279.2. This safety zone will be
                                                                                                    temporary final rule without prior                    enforced from 6:30 a.m. until 6:30 p.m.
                                            RIN 1625–AA00                                                                                                 on August 18, 2015 and August 19,
                                                                                                    notice and opportunity to comment
                                                                                                    pursuant to authority under section 4(a)              2015. If the event is postponed due to
                                            Safety Zone; U.S. Army Exercise, Des
                                                                                                    of the Administrative Procedure Act                   inclement weather, the safety zone will
                                            Plaines River, Channahon, IL
                                                                                                    (APA) (5 U.S.C. 553(b)). This provision               be enforced from 6:30 a.m. until 6:30
                                            AGENCY:    Coast Guard, DHS.                            authorizes an agency to issue a rule                  p.m. on August 20, 2015, the allotted
                                            ACTION:   Temporary final rule.                         without prior notice and opportunity to               rain date. This zone will encompass all
                                                                                                    comment when the agency for good                      waters of the Des Plaines River from
                                            SUMMARY:    The Coast Guard is                          cause finds that those procedures are                 mile marker 277.8 to mile marker 279.2.
                                            establishing a temporary safety zone on                 ‘‘impracticable, unnecessary, or contrary               Entry into, transiting, or anchoring
                                            the Des Plaines River between mile                      to the public interest.’’ Under 5 U.S.C.              within the safety zone is prohibited
                                            marker 277.8 and mile marker 279.2,                     553(b)(B), the Coast Guard finds that                 unless authorized by the Captain of the
                                            Channahon, IL. This safety zone is                      good cause exists for not publishing a                Port, Lake Michigan, or a designated on-
                                            intended to restrict vessels from a                     notice of proposed rulemaking with                    scene representative. The Captain of the
                                            portion of the Des Plaines River from                   respect to this rule because doing so                 Port or a designated on-scene
                                            August 18, 2015 to August 19, 2015,                     would be impracticable. The final                     representative may be contacted via
                                            with a rain date of August 20, 2015.                    details for this event were not known to              VHF Channel 16.
                                            This temporary safety zone is necessary                 the Coast Guard until there was
                                            to protect the surrounding public and                                                                         D. Regulatory Analyses
                                                                                                    insufficient time remaining before the
tkelley on DSK3SPTVN1PROD with RULES




                                            vessels from the hazards associated with                event to publish an NPRM. Thus,                         We developed this rule after
                                            low flying aircraft and bridging                        delaying the effective date of this rule to           considering numerous statutes and
                                            operations spanning the width of the                    wait for a comment period to run would                executive orders related to rulemaking.
                                            river for a U.S. Army exercise.                         be impracticable because it would                     Below we summarize our analyses
                                            DATES: This rule is effective from 12:01                inhibit the Coast Guard’s ability to                  based on these statutes and executive
                                            a.m. on August 18, 2015 to 11:59 p.m.                   protect the public and vessels from the               orders.


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                                            49156             Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations

                                            1. Regulatory Planning and Review                       3. Assistance for Small Entities                      State, local, or tribal government, in the
                                                                                                       Under section 213(a) of the Small                  aggregate, or by the private sector of
                                               This rule is not a significant                                                                             $100,000,000 (adjusted for inflation) or
                                            regulatory action under section 3(f) of                 Business Regulatory Enforcement
                                                                                                    Fairness Act of 1996 (Pub. L. 104–121),               more in any one year. Though this rule
                                            Executive Order 12866, Regulatory                                                                             will not result in such an expenditure,
                                            Planning and Review, as supplemented                    we want to assist small entities in
                                                                                                    understanding this rule. If the rule                  we do discuss the effects of this rule
                                            by Executive Order 13563, Improving                                                                           elsewhere in this preamble.
                                            Regulation and Regulatory Review, and                   would affect your small business,
                                            does not require an assessment of                       organization, or governmental                         8. Taking of Private Property
                                            potential costs and benefits under                      jurisdiction and you have questions
                                                                                                    concerning its provisions or options for                This rule will not cause a taking of
                                            section 6(a)(3) of Executive Order 12866                                                                      private property or otherwise have
                                            or under section 1 of Executive Order                   compliance, please contact the person
                                                                                                    listed in the FOR FURTHER INFORMATION                 taking implications under Executive
                                            13563. The Office of Management and                                                                           Order 12630, Governmental Actions and
                                            Budget has not reviewed it under those                  CONTACT, above.
                                                                                                       Small businesses may send comments                 Interference with Constitutionally
                                            Orders.                                                                                                       Protected Property Rights.
                                                                                                    on the actions of Federal employees
                                               We conclude that this rule is not a                  who enforce, or otherwise determine
                                            significant regulatory action because we                                                                      9. Civil Justice Reform
                                                                                                    compliance with, Federal regulations to
                                            anticipate that it will have minimal                    the Small Business and Agriculture                      This rule meets applicable standards
                                            impact on the economy, will not                         Regulatory Enforcement Ombudsman                      in sections 3(a) and 3(b)(2) of Executive
                                            interfere with other agencies, will not                 and the Regional Small Business                       Order 12988, Civil Justice Reform, to
                                            adversely alter the budget of any grant                 Regulatory Fairness Boards. The                       minimize litigation, eliminate
                                            or loan recipients, and will not raise any              Ombudsman evaluates these actions                     ambiguity, and reduce burden.
                                            novel legal or policy issues. The safety                annually and rates each agency’s                      10. Protection of Children
                                            zone created by this rule will be                       responsiveness to small business. If you
                                            relatively small and enforced between                   wish to comment on actions by                           We have analyzed this rule under
                                            the hours of 6:30 a.m. and 6:30 p.m.                    employees of the Coast Guard, call                    Executive Order 13045, Protection of
                                            during a two day period. Under certain                  1–888–REG–FAIR (1–888–734–3247).                      Children from Environmental Health
                                            conditions, moreover, vessels may still                 The Coast Guard will not retaliate                    Risks and Safety Risks. This rule is not
                                            transit through the safety zone when                    against small entities that question or               an economically significant rule and
                                            permitted by the Captain of the Port.                   complain about this rule or any policy                does not create an environmental risk to
                                                                                                    or action of the Coast Guard.                         health or risk to safety that may
                                            2. Impact on Small Entities                                                                                   disproportionately affect children.
                                               The Regulatory Flexibility Act of 1980               4. Collection of Information
                                                                                                                                                          11. Indian Tribal Governments
                                            (RFA), 5 U.S.C. 601–612, as amended,                       This rule will not call for a new
                                            requires federal agencies to consider the               collection of information under the                      This rule does not have tribal
                                            potential impact of regulations on small                Paperwork Reduction Act of 1995 (44                   implications under Executive Order
                                            entities during rulemaking. The term                    U.S.C. 3501–3520).                                    13175, Consultation and Coordination
                                            ‘‘small entities’’ comprises small                                                                            with Indian Tribal Governments,
                                                                                                    5. Federalism                                         because it does not have a substantial
                                            businesses, not-for-profit organizations
                                            that are independently owned and                           A rule has implications for federalism             direct effect on one or more Indian
                                            operated and are not dominant in their                  under Executive Order 13132,                          tribes, on the relationship between the
                                            fields, and governmental jurisdictions                  Federalism, if it has a substantial direct            Federal Government and Indian tribes,
                                            with populations of less than 50,000.                   effect on the States, on the relationship             or on the distribution of power and
                                            The Coast Guard certifies under 5 U.S.C.                between the national government and                   responsibilities between the Federal
                                            605(b) that this rule will not have a                   the States, or on the distribution of                 Government and Indian tribes.
                                            significant economic impact on a                        power and responsibilities among the                  12. Energy Effects
                                            substantial number of small entities.                   various levels of government. We have
                                                                                                    analyzed this rule under that Order and                 This action is not a ‘‘significant
                                               Under the Regulatory Flexibility Act                                                                       energy action’’ under Executive Order
                                            (5 U.S.C. 601–612), we have considered                  determined that this rule does not have
                                                                                                    implications for federalism.                          13211, Actions Concerning Regulations
                                            the impact of this temporary rule on                                                                          That Significantly Affect Energy Supply,
                                            small entities. This rule will affect the               6. Protest Activities                                 Distribution, or Use.
                                            following entities, some of which might                    The Coast Guard respects the First
                                            be small entities: The owners or                                                                              13. Technical Standards
                                                                                                    Amendment rights of protesters.
                                            operators of vessels intending to transit               Protesters are asked to contact the                     This rule does not use technical
                                            on a portion of the Des Plaines River                   person listed in the FOR FURTHER                      standards. Therefore, we did not
                                            from mile marker 277.8 to mile marker                   INFORMATION CONTACT section to                        consider the use of voluntary consensus
                                            279.2 on August 18, 2015 and August                     coordinate protest activities so that your            standards.
                                            19, 2015 or on August 20, 2015.                         message can be received without
                                               This safety zone will not have a                                                                           14. Environment
                                                                                                    jeopardizing the safety or security of
                                            significant economic impact on a                        people, places or vessels.                              We have analyzed this rule under
                                            substantial number of small entities for                                                                      Department of Homeland Security
                                            the reasons cited in the Regulatory                     7. Unfunded Mandates Reform Act                       Management Directive 023–01 and
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                                            Planning and Review section.                               The Unfunded Mandates Reform Act                   Commandant Instruction M16475.lD,
                                            Additionally, before the enforcement of                 of 1995 (2 U.S.C. 1531–1538) requires                 which guide the Coast Guard in
                                            the zone, we will issue local Broadcast                 Federal agencies to assess the effects of             complying with the National
                                            Notice to Mariners and Public Notice of                 their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                            Safety Zone so vessel owners and                        particular, the Act addresses actions                 (NEPA) (42 U.S.C. 4321–4370f), and
                                            operators can plan accordingly.                         that may result in the expenditure by a               have determined that this action is one


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                                                              Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations                                         49157

                                            of a category of actions that do not                    warrant or petty officer who has been                 allow non-service animals to be present
                                            individually or cumulatively have a                     designated by the Captain of the Port,                on VA property.
                                            significant effect on the human                         Lake Michigan to act on his or her                       Interested persons were invited to
                                            environment. This rule involves the                     behalf.                                               submit comments to the proposed rule
                                            establishment of a safety zone and,                       (4) Vessel operators desiring to enter              on or before January 20, 2015, and VA
                                            therefore it is categorically excluded                  or operate within the safety zone shall               received 96 comments. All of the issues
                                            from further review under paragraph                     contact the Captain of the Port, Lake                 raised by the commenters that
                                            34(g) of Figure 2–1 of the Commandant                   Michigan or an on-scene representative                concerned at least one portion of the
                                            Instruction. An environmental analysis                  to obtain permission to do so. The                    rule can be grouped together by similar
                                            checklist supporting this determination                 Captain of the Port Lake Michigan or an               topic, and we have organized our
                                            and a Categorical Exclusion                             on-scene representative may be                        discussion of the comments
                                            Determination are available in the                      contacted via VHF Channel 16. Vessel                  accordingly. For the reasons set forth in
                                            docket where indicated under                            operators given permission to enter or                the proposed rule and below, we are
                                            ADDRESSES. We seek any comments or                      operate in the safety zone must comply                adopting the proposed rule as final,
                                            information that may lead to the                        with all directions given to them by the              with changes, explained below, to
                                            discovery of a significant environmental                Captain of the Port Lake Michigan, or an              proposed 38 CFR 1.218(a)(11).
                                            impact from this rule.                                  on-scene representative.                                 Multiple commenters stated that it
                                                                                                                                                          was unclear to what groups of
                                            List of Subjects in 33 CFR Part 165                       Dated: August 6, 2015.                              individuals the proposed rule would
                                                                                                    A.B. Cocanour,                                        apply. One commenter specifically
                                              Harbors, Marine safety, Navigation
                                            (water), Reporting and recordkeeping                    Captain, U.S. Coast Guard, Captain of the             expressed concern as to whether a
                                                                                                    Port, Lake Michigan.                                  service animal that assisted a visitor of
                                            requirements, Security measures,
                                            Waterways.                                              [FR Doc. 2015–20251 Filed 8–14–15; 8:45 am]           a veteran would be permitted on VA
                                              For the reasons discussed in the                      BILLING CODE 9110–04–P                                property. We clarify for these
                                            preamble, the Coast Guard amends 33                                                                           commenters that this VA regulation
                                            CFR part 165 as follows:                                                                                      applies to everyone seeking access to
                                                                                                    DEPARTMENT OF VETERANS                                VA property, to include employees,
                                            PART 165—REGULATED NAVIGATION                           AFFAIRS                                               veterans, and visitors. The rule as
                                            AREAS AND LIMITED ACCESS AREAS                                                                                proposed did not contain any limiting
                                                                                                    38 CFR Part 1                                         language to restrict applicability to only
                                            ■ 1. The authority citation for part 165                                                                      certain groups of individuals, and we
                                            continues to read as follows:                           RIN 2900–AO39                                         therefore do not make any changes to
                                              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   the final rule based on these comments.
                                                                                                    Animals on VA Property
                                            33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     Several commenters applauded the
                                            Department of Homeland Security Delegation              AGENCY:    Department of Veterans Affairs.            development by VA of a uniform
                                            No. 0170.1.                                             ACTION:   Final rule.                                 regulation for service animal access for
                                            ■ 2. Add § 165.T09–0760 to read as                                                                            all VA property, and did not
                                            follows:                                                SUMMARY:   The Department of Veterans                 recommend any changes. VA
                                                                                                    Affairs (VA) amends its regulation                    appreciates these comments and
                                            § 165.T09–0760 Safety Zone; U.S. Army                   concerning the presence of animals on                 believes that this regulation will allow
                                            Exercise, Des Plaines River, Channahon, IL.             VA property. This final rule expands the              for more consistent access of VA
                                               (a) Location. All waters on the Des                  current VA regulation to authorize the                property by service animals.
                                            Plaines River between the mile marker                   presence of service animals consistent                   One commenter asserted that VA
                                            277.8 and mile marker 279.2,                            with applicable Federal law when these                should use the term ‘‘assistance animal’’
                                            Channahon, IL.                                          animals accompany individuals with                    instead of ‘‘service animals’’ throughout
                                               (b) Effective and Enforcement Period.                disabilities seeking admittance to                    the proposed regulation because, they
                                            This rule is effective from 12:01 a.m. on               property owned or operated by VA.                     assert, the term ‘‘service animals’’ is
                                            August 18, 2015 to 11:59 p.m. on                                                                              understood more narrowly in the
                                                                                                    DATES: This rule is effective September
                                            August 20, 2015. This rule will be                                                                            service animal industry to refer only to
                                                                                                    16, 2015.
                                            enforced with actual notice from 6:30                                                                         those animals that assist with mobility
                                                                                                    FOR FURTHER INFORMATION CONTACT:                      impairments. We do not make any
                                            a.m. until 6:30 p.m. on August 18, 2015
                                            and August 19, 2015, or alternatively if                Joyce Edmonson, RN, JD, Patient Care                  changes based on these comments. We
                                            postponed due to weather, from 6:30                     Services, (10P4), Veterans Health                     disagree that the term ‘‘assistance
                                            a.m. until 6:30 p.m. on August 20, 2015.                Administration, Department of Veterans                animal’’ is better understood than
                                               (c) Regulations. (1) In accordance with              Affairs, 810 Vermont Avenue NW.,                      ‘‘service animal’’ by those in the service
                                            the general regulations in § 165.23 of                  Washington, DC 20420, (410) 637–4755.                 animal industry. Additionally, this
                                            this part, entry into, transiting, or                   (This is not a toll free number.)                     regulation is written for a broader
                                            anchoring within this safety zone is                    SUPPLEMENTARY INFORMATION: On                         audience than just those in the service
                                            prohibited unless authorized by the                     November 21, 2014, VA published in                    animal industry, to include any member
                                            Captain of the Port, Lake Michigan or a                 the Federal Register (79 FR 69379) a                  of the public that may have need to
                                            designated on-scene representative.                     proposed rule to amend VA regulations                 access VA property. Indeed, the term
                                               (2) This safety zone is closed to all                regarding the presence of animals on VA               ‘‘service animal’’ as defined in the
                                            vessel traffic, except as may be                        property. This rule authorizes the access             proposed rule is well understood by the
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                                            permitted by the Captain of the Port                    of service animals when these animals                 general public because it is consistent
                                            Lake Michigan or a designated on-scene                  accompany individuals with disabilities               with the definition of ‘‘service animal’’
                                            representative.                                         seeking admittance to VA property in a                in the regulations that implement the
                                               (3) The ‘‘on-scene representative’’ of               manner consistent with applicable                     Americans with Disabilities Act (ADA).
                                            the Captain of the Port, Lake Michigan                  Federal law, and clarifies the authority              We therefore do not make any changes
                                            is any Coast Guard commissioned,                        of a VA facility head or designee to                  based on these comments. A commenter


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Document Created: 2015-12-15 11:06:28
Document Modified: 2015-12-15 11:06:28
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 12:01 a.m. on August 18, 2015 to 11:59 p.m. on August 20, 2015. This rule will be enforced with actual notice from 6:30 a.m. until 6:30 p.m. on August 18, 2015 and August 19, 2015, or alternatively if postponed due to inclement weather, from 6:30 a.m. until 6:30 p.m. on August 20, 2015.
ContactIf you have questions on this rule, contact or email LT Lindsay Cook, U.S. Coast Guard Marine Safety Unit Chicago, at (630) 986-2155 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 49155 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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