80_FR_80899 80 FR 80651 - Safety Zone; New Year's Eve Firework Displays, Chicago River, Chicago, IL

80 FR 80651 - Safety Zone; New Year's Eve Firework Displays, Chicago River, Chicago, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 248 (December 28, 2015)

Page Range80651-80653
FR Document2015-32642

The Coast Guard is establishing a temporary safety zone that encompasses all waters of the Main Branch of the Chicago River between the Michigan Avenue Highway Bridge and the west entrance to the Chicago Harbor Lock. The safety zone is intended to restrict vessels from a portion of the Main Branch of the Chicago River from 11:30 p.m. on December 31, 2015 to 12:15 a.m. on January 1, 2016. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with multiple barge based firework displays for Chicago's New Year's Eve Celebration.

Federal Register, Volume 80 Issue 248 (Monday, December 28, 2015)
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Rules and Regulations]
[Pages 80651-80653]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32642]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1074]
RIN 1625-AA00


Safety Zone; New Year's Eve Firework Displays, Chicago River, 
Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone that 
encompasses all waters of the Main Branch of the Chicago River between 
the Michigan Avenue Highway Bridge and the west entrance to the Chicago 
Harbor Lock. The safety zone is intended to restrict vessels from a 
portion of the Main Branch of the Chicago River from 11:30 p.m. on 
December 31, 2015 to 12:15 a.m. on January 1, 2016. This temporary 
safety zone is necessary to protect the surrounding public and vessels 
from the hazards associated with multiple barge based firework displays 
for Chicago's New Year's Eve Celebration.

DATES: This rule will be effective from 11:30 p.m. on December 31, 2015 
to 12:15 a.m. on January 1, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1074 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Lindsay Cook, Marine Safety Unit Chicago, U.S. Coast 
Guard; telephone (630) 986-2155, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
final details for this event were not known to the Coast Guard until 
there was insufficient time remaining before the event to publish a 
NPRM. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable because it would inhibit 
the Coast Guard's ability to protect the public and vessels from the 
hazards associated with multiple barge based firework displays on the 
Main Branch of the Chicago River.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this temporary rule 
effective less than 30 days after publication in the Federal Register. 
For the same reasons discussed in the preceding paragraph, waiting for 
a 30 day notice period to run would be impracticable.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    December 31, 2015 and January 1, 2016 Chicago's New Year's Eve 
firework displays will take place from multiple barge based launch 
sites on the Main

[[Page 80652]]

Branch of the Chicago River. The Captain of the Port, Lake Michigan has 
determined that the firework displays will pose a significant risk to 
public safety and property. Such hazards include falling debris, 
flaming debris, and collisions among spectator vessels. The safety zone 
is necessary to protect spectators from hazards associated with aerial 
firework displays.

IV. Discussion of the Rule

    With the aforementioned hazards in mind, the Captain of the Port, 
Lake Michigan has determined that a temporary safety zone is necessary 
to ensure the safety of the public and the participants during 
Chicago's New Year's Eve Fireworks Display on the Main Branch of the 
Chicago River. This safety zone will be effective from 11:30 p.m. on 
December 31, 2015 to 12:15 a.m. on January 1, 2016. The safety zone 
will encompass all waters of the Main Branch of the Chicago River 
between the Michigan Avenue Highway Bridge and west entrance of the 
Chicago Harbor Lock. 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    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 effective for less than a one hour period on 
December 31, 2015 and January 1, 2016. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    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 Main Branch of the Chicago River on December 31, 2015 
and January 1, 2016.
    The 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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this 
action is one of a category of actions that do not

[[Page 80653]]

individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone for 
the New Year's Eve firework displays on the Main Branch of the Chicago 
River. 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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T09-1074 to read as follows:


Sec.  165.T09-1074  Safety Zone; New Year's Eve Fireworks Display, 
Chicago River, Chicago, IL.

    (a) Location. All waters of the the Main Branch of the Chicago 
River between the Michigan Avenue Highway Bridge and the west entrance 
of the Chicago Harbor Lock.
    (b) Enforcement Period. This rule will be enforced from 11:30 p.m. 
on December 31, 2015 to 12:15 a.m. on January 1, 2016.
    (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: December 11, 2015.
A.B. Cocanour,
Captain, U. S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2015-32642 Filed 12-24-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations                                         80651

                                                § 610.48 (21 CFR 610.48) of the final                   § 606.160    [Amended]                                FOR FURTHER INFORMATION CONTACT:     If
                                                rule, FDA established HCV ‘‘lookback’’                  ■  3. Amend § 606.160(b)(1)(viii) by                  you have questions on this rule, call or
                                                requirements based on review of                         removing ‘‘§§ 610.46, 610.47, and,                    email LT Lindsay Cook, Marine Safety
                                                historical testing records. The                         610.48’’ and adding in its place                      Unit Chicago, U.S. Coast Guard;
                                                requirements under § 610.48 were to                     ‘‘§§ 610.46 and 610.47’’.                             telephone (630) 986–2155, email
                                                remain in effect for 8 years after the date                                                                   Lindsay.N.Cook@uscg.mil.
                                                of publication of the final rule in the                 PART 610—GENERAL BIOLOGICAL                           SUPPLEMENTARY INFORMATION:
                                                Federal Register (§ 610.48(e)). Section                 PRODUCTS STANDARDS
                                                610.48(e) specifically provides that the                                                                      I. Table of Abbreviations
                                                section expired on August 24, 2015;                     ■ 4. The authority citation for 21 CFR                CFR Code of Federal Regulations
                                                therefore, FDA is removing this                         part 610 continues to read as follows:                DHS Department of Homeland Security
                                                regulation from Title 21 of the Code of                   Authority: 21 U.S.C. 321, 331, 351, 352,            E.O. Executive order
                                                Federal Regulations.                                    353, 355, 360, 360c, 360d, 360h, 360i, 371,           FR Federal Register
                                                                                                        372, 374, 381; 42 U.S.C. 216, 262, 263, 263a,         NPRM Notice of proposed rulemaking
                                                  FDA is also making conforming                         264.                                                  Pub. L. Public Law
                                                changes to other biologics regulations                                                                        § Section
                                                where § 610.48 is referenced.                           § 610.48    [Removed and Reserved]                    U.S.C. United States Code
                                                  FDA is revising the biologics                         ■   5. Remove and reserve § 610.48.                   II. Background Information and
                                                regulations as follows:                                   Dated: December 21, 2015.                           Regulatory History
                                                  • Removing and reserving § 610.48.                    Leslie Kux,
                                                                                                                                                                 The Coast Guard is issuing this
                                                  • Revising § 606.100(b)(19) (21 CFR                   Associate Commissioner for Policy.                    temporary rule without prior notice and
                                                606.100(b)(19)) by removing the                         [FR Doc. 2015–32477 Filed 12–24–15; 8:45 am]          opportunity to comment pursuant to
                                                reference to § 610.48.                                  BILLING CODE 4164–01–P                                authority under section 4(a) of the
                                                  • Revising § 606.160(b)(1)(viii) by                                                                         Administrative Procedure Act (APA) (5
                                                removing the reference to § 610.48.                                                                           U.S.C. 553(b)). This provision
                                                  Publication of this document                          DEPARTMENT OF HOMELAND                                authorizes an agency to issue a rule
                                                constitutes final action under the                      SECURITY                                              without prior notice and opportunity to
                                                Administrative Procedure Act (5 U.S.C.                                                                        comment when the agency for good
                                                553). FDA has determined that notice                    Coast Guard                                           cause finds that those procedures are
                                                and public comments are unnecessary                                                                           ‘‘impracticable, unnecessary, or contrary
                                                because the amendments to the                           33 CFR Part 165                                       to public interest.’’ Under 5 U.S.C.
                                                regulations provide only technical                      [Docket Number USCG–2015–1074]                        553(b)(B), the Coast Guard finds that
                                                changes to remove and update                                                                                  good cause exists for not publishing a
                                                information and are nonsubstantive.                     RIN 1625–AA00
                                                                                                                                                              notice of proposed rulemaking (NPRM)
                                                List of Subjects                                        Safety Zone; New Year’s Eve Firework                  with respect to this rule because doing
                                                                                                        Displays, Chicago River, Chicago, IL                  so would be impracticable. The final
                                                21 CFR Part 606                                                                                               details for this event were not known to
                                                                                                        AGENCY:     Coast Guard, DHS.                         the Coast Guard until there was
                                                  Blood, Labeling, Laboratories,                        ACTION:    Temporary final rule.                      insufficient time remaining before the
                                                Reporting and recordkeeping
                                                                                                                                                              event to publish a NPRM. Thus,
                                                requirements.                                           SUMMARY:   The Coast Guard is                         delaying the effective date of this rule to
                                                                                                        establishing a temporary safety zone
                                                21 CFR Part 610                                                                                               wait for a comment period to run would
                                                                                                        that encompasses all waters of the Main
                                                                                                                                                              be impracticable because it would
                                                  Biologics, Labeling, Reporting and                    Branch of the Chicago River between the
                                                                                                                                                              inhibit the Coast Guard’s ability to
                                                recordkeeping requirements.                             Michigan Avenue Highway Bridge and
                                                                                                                                                              protect the public and vessels from the
                                                  Therefore, under the Federal Food,                    the west entrance to the Chicago Harbor
                                                                                                                                                              hazards associated with multiple barge
                                                Drug, and Cosmetic Act and the Public                   Lock. The safety zone is intended to
                                                                                                                                                              based firework displays on the Main
                                                Health Service Act, and under authority                 restrict vessels from a portion of the
                                                                                                                                                              Branch of the Chicago River.
                                                delegated to the Commissioner of Food                   Main Branch of the Chicago River from
                                                                                                                                                                 We are issuing this rule, and under 5
                                                and Drugs, 21 CFR parts 606 and 610 are                 11:30 p.m. on December 31, 2015 to
                                                                                                                                                              U.S.C. 553(d)(3), the Coast Guard finds
                                                amended as follows:                                     12:15 a.m. on January 1, 2016. This
                                                                                                                                                              that good cause exists for making this
                                                                                                        temporary safety zone is necessary to
                                                                                                                                                              temporary rule effective less than 30
                                                PART 606—CURRENT GOOD                                   protect the surrounding public and
                                                                                                                                                              days after publication in the Federal
                                                MANUFACTURING PRACTICE FOR                              vessels from the hazards associated with
                                                                                                                                                              Register. For the same reasons
                                                BLOOD AND BLOOD COMPONENTS                              multiple barge based firework displays
                                                                                                                                                              discussed in the preceding paragraph,
                                                                                                        for Chicago’s New Year’s Eve
                                                                                                                                                              waiting for a 30 day notice period to run
                                                ■ 1. The authority citation for 21 CFR                  Celebration.
                                                                                                                                                              would be impracticable.
                                                part 606 continues to read as follows:                  DATES: This rule will be effective from
                                                  Authority: 21 U.S.C. 321, 331, 351, 352,              11:30 p.m. on December 31, 2015 to                    III. Legal Authority and Need for Rule
                                                355, 360, 360j, 371, 374; 42 U.S.C. 216, 262,           12:15 a.m. on January 1, 2016.                          The legal basis for the rule is the
                                                263a, 264.                                              ADDRESSES: To view documents                          Coast Guard’s authority to establish
mstockstill on DSK4VPTVN1PROD with RULES




                                                § 606.100   [Amended]
                                                                                                        mentioned in this preamble as being                   safety zones: 33 U.S.C. 1231; 33 CFR
                                                                                                        available in the docket, go to http://                1.05–1, 160.5; Department of Homeland
                                                ■  2. Amend § 606.100(b)(19)                            www.regulations.gov, type USCG–2015–                  Security Delegation No. 0170.1.
                                                introductory text by removing                           1074 in the ‘‘SEARCH’’ box and click                    December 31, 2015 and January 1,
                                                ‘‘§§ 610.46, 610.47, and 610.48’’ and                   ‘‘SEARCH.’’ Click on Open Docket                      2016 Chicago’s New Year’s Eve firework
                                                adding in its place ‘‘§§ 610.46 and                     Folder on the line associated with this               displays will take place from multiple
                                                610.47’’.                                               rule.                                                 barge based launch sites on the Main


                                           VerDate Sep<11>2014   13:41 Dec 24, 2015   Jkt 238001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\28DER1.SGM   28DER1


                                                80652            Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations

                                                Branch of the Chicago River. The                        relatively small and effective for less               Coast Guard will not retaliate against
                                                Captain of the Port, Lake Michigan has                  than a one hour period on December 31,                small entities that question or complain
                                                determined that the firework displays                   2015 and January 1, 2016. Under certain               about this rule or any policy or action
                                                will pose a significant risk to public                  conditions, moreover, vessels may still               of the Coast Guard.
                                                safety and property. Such hazards                       transit through the safety zone when
                                                                                                        permitted by the Captain of the Port.                 C. Collection of Information
                                                include falling debris, flaming debris,
                                                and collisions among spectator vessels.                                                                         This rule will not call for a new
                                                                                                        B. Impact on Small Entities                           collection of information under the
                                                The safety zone is necessary to protect
                                                spectators from hazards associated with                    The Regulatory Flexibility Act of                  Paperwork Reduction Act of 1995 (44
                                                aerial firework displays.                               1980, 5 U.S.C. 601–612, as amended,                   U.S.C. 3501–3520).
                                                                                                        requires Federal agencies to consider
                                                IV. Discussion of the Rule                              the potential impact of regulations on                D. Federalism and Indian Tribal
                                                  With the aforementioned hazards in                    small entities during rulemaking. The                 Governments
                                                mind, the Captain of the Port, Lake                     term ‘‘small entities’’ comprises small                  A rule has implications for federalism
                                                Michigan has determined that a                          businesses, not-for-profit organizations              under E.O. 13132, Federalism, if it has
                                                temporary safety zone is necessary to                   that are independently owned and                      a substantial direct effect on the States,
                                                ensure the safety of the public and the                 operated and are not dominant in their                on the relationship between the national
                                                participants during Chicago’s New                       fields, and governmental jurisdictions                government and the States, or on the
                                                Year’s Eve Fireworks Display on the                     with populations of less than 50,000.                 distribution of power and
                                                Main Branch of the Chicago River. This                  The Coast Guard certifies under 5 U.S.C.              responsibilities among the various
                                                safety zone will be effective from 11:30                605(b) that this rule will not have a                 levels of government. We have analyzed
                                                p.m. on December 31, 2015 to 12:15 a.m.                 significant economic impact on a                      this rule under that Order and have
                                                on January 1, 2016. The safety zone will                substantial number of small entities.                 determined that it is consistent with the
                                                encompass all waters of the Main                           Under the Regulatory Flexibility Act               fundamental federalism principles and
                                                Branch of the Chicago River between the                 (5 U.S.C. 601–612), we have considered                preemption requirements described in
                                                Michigan Avenue Highway Bridge and                      the impact of this temporary rule on                  E.O. 13132.
                                                west entrance of the Chicago Harbor                     small entities. This rule will affect the                Also, this rule does not have tribal
                                                Lock. Entry into, transiting, or                        following entities, some of which might               implications under E.O. 13175,
                                                anchoring within the safety zone is                     be small entities: the owners or                      Consultation and Coordination with
                                                prohibited unless authorized by the                     operators of vessels intending to transit             Indian Tribal Governments, because it
                                                Captain of the Port, Lake Michigan, or                  on a portion of the Main Branch of the                does not have a substantial direct effect
                                                a designated on-scene representative.                   Chicago River on December 31, 2015                    on one or more Indian tribes, on the
                                                The Captain of the Port or a designated                 and January 1, 2016.                                  relationship between the Federal
                                                on-scene representative may be                             The safety zone will not have a                    Government and Indian tribes, or on the
                                                contacted via VHF Channel 16.                           significant economic impact on a                      distribution of power and
                                                                                                        substantial number of small entities for              responsibilities between the Federal
                                                V. Regulatory Analyses                                  the reasons cited in the Regulatory                   Government and Indian tribes. If you
                                                  We developed this rule after                          Planning and Review section.                          believe this rule has implications for
                                                considering numerous statutes and                       Additionally, before the enforcement of               federalism or Indian tribes, please
                                                executive orders (E.O.s) related to                     the zone, we will issue local Broadcast               contact the person listed in the FOR
                                                rulemaking. Below we summarize our                      Notice to Mariners and Public Notice of               FURTHER INFORMATION CONTACT section
                                                analyses based on a number of these                     Safety Zone so vessel owners and                      above.
                                                statutes and E.O.s, and we discuss First                operators can plan accordingly.
                                                Amendment rights of protestors.                            Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                                                                        Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                                A. Regulatory Planning and Review                       Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                   E.O.s 12866 and 13563 direct agencies                we want to assist small entities in                   Federal agencies to assess the effects of
                                                to assess the costs and benefits of                     understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                available regulatory alternatives and, if               would affect your small business,                     particular, the Act addresses actions
                                                regulation is necessary, to select                      organization, or governmental                         that may result in the expenditure by a
                                                regulatory approaches that maximize                     jurisdiction and you have questions                   State, local, or tribal government, in the
                                                net benefits. E.O. 13563 emphasizes the                 concerning its provisions or options for              aggregate, or by the private sector of
                                                importance of quantifying both costs                    compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                                and benefits, of reducing costs, of                     listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                harmonizing rules, and of promoting                     CONTACT section.                                      will not result in such an expenditure,
                                                flexibility. This rule has not been                        Small businesses may send comments                 we do discuss the effects of this rule
                                                designated a ‘‘significant regulatory                   on the actions of Federal employees                   elsewhere in this preamble.
                                                action,’’ under E.O. 12866. Accordingly,                who enforce, or otherwise determine
                                                it has not been reviewed by the Office                  compliance with, Federal regulations to               F. Environment
                                                of Management and Budget.                               the Small Business and Agriculture                      We have analyzed this rule under
                                                   We conclude that this rule is not a                  Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                significant regulatory action because we                and the Regional Small Business                       Management Directive 023–01 and
mstockstill on DSK4VPTVN1PROD with RULES




                                                anticipate that it will have minimal                    Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                impact on the economy, will not                         Ombudsman evaluates these actions                     which guide the Coast Guard in
                                                interfere with other agencies, will not                 annually and rates each agency’s                      complying with the National
                                                adversely alter the budget of any grant                 responsiveness to small business. If you              Environmental Policy Act of 1969(42
                                                or loan recipients, and will not raise any              wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                                novel legal or policy issues. The safety                employees of the Coast Guard, call 1–                 determined that this action is one of a
                                                zone created by this rule will be                       888–REG–FAIR (1–888–734–3247). The                    category of actions that do not


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                                                                 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations                                         80653

                                                individually or cumulatively have a                        (2) This safety zone is closed to all              contact information on the product’s
                                                significant effect on the human                         vessel traffic, except as may be                      label. These changes will provide more
                                                environment. This rule involves the                     permitted by the Captain of the Port,                 consistent information for consumers
                                                establishment of a safety zone for the                  Lake Michigan or a designated on-scene                and clearer regulations for producers,
                                                New Year’s Eve firework displays on the                 representative.                                       and will simplify compliance
                                                Main Branch of the Chicago River. It is                    (3) The ‘‘on-scene representative’’ of             determination by states, tribes, and EPA.
                                                categorically excluded from further                     the Captain of the Port, Lake Michigan                DATES: This final rule is effective
                                                review under paragraph 34(g) of Figure                  is any Coast Guard commissioned,                      February 26, 2016. The compliance date
                                                2–1 of the Commandant Instruction. An                   warrant or petty officer who has been                 for the requirements to label ingredients
                                                environmental analysis checklist                        designated by the Captain of the Port,                with a label display name and to
                                                supporting this determination and a                     Lake Michigan to act on his or her                    provide company contact information
                                                Categorical Exclusion Determination are                 behalf.                                               on the label is February 26, 2019.
                                                available in the docket where indicated                    (4) Vessel operators desiring to enter
                                                                                                                                                              ADDRESSES: The docket for this action,
                                                under ADDRESSES. We seek any                            or operate within the safety zone shall
                                                                                                        contact the Captain of the Port, Lake                 identified by docket identification (ID)
                                                comments or information that may lead                                                                         number EPA–HQ–OPP–2010–0305, is
                                                to the discovery of a significant                       Michigan or an on-scene representative
                                                                                                        to obtain permission to do so. The                    available at http://www.regulations.gov
                                                environmental impact from this rule.                                                                          or at the Office of Pesticide Programs
                                                                                                        Captain of the Port, Lake Michigan or an
                                                G. Protest Activities                                   on-scene representative may be                        Regulatory Public Docket (OPP Docket)
                                                                                                        contacted via VHF Channel 16. Vessel                  in the Environmental Protection Agency
                                                  The Coast Guard respects the First
                                                                                                        operators given permission to enter or                Docket Center (EPA/DC), West William
                                                Amendment rights of protesters.
                                                                                                        operate in the safety zone must comply                Jefferson Clinton Bldg., Rm. 3334, 1301
                                                Protesters are asked to contact the
                                                                                                        with all directions given to them by the              Constitution Ave. NW., Washington, DC
                                                person listed in the FOR FURTHER
                                                                                                        Captain of the Port, Lake Michigan, or                20460–0001. The Public Reading Room
                                                INFORMATION CONTACT section to
                                                                                                        an on-scene representative.                           is open from 8:30 a.m. to 4:30 p.m.,
                                                coordinate protest activities so that your
                                                                                                                                                              Monday through Friday, excluding legal
                                                message can be received without                           Dated: December 11, 2015.                           holidays. The telephone number for the
                                                jeopardizing the safety or security of                  A.B. Cocanour,                                        Public Reading Room is (202) 566–1744,
                                                people, places or vessels.                              Captain, U. S. Coast Guard, Captain of the            and the telephone number for the OPP
                                                List of Subjects in 33 CFR Part 165                     Port, Lake Michigan.                                  Docket is (703) 305–5805. Please review
                                                  Harbors, Marine safety, Navigation                    [FR Doc. 2015–32642 Filed 12–24–15; 8:45 am]          the visitor instructions and additional
                                                (water), Reporting and recordkeeping                    BILLING CODE 9110–04–P                                information about the docket available
                                                requirements, Security measures,                                                                              at http://www.epa.gov/dockets.
                                                Waterways.                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                        ENVIRONMENTAL PROTECTION                              Ryne Yarger, Field and External Affairs
                                                  For the reasons discussed in the
                                                                                                        AGENCY                                                Divisions (7506P), Office of Pesticide
                                                preamble, the Coast Guard amends 33
                                                CFR part 165 as follows:                                                                                      Programs, Environmental Protection
                                                                                                        40 CFR Part 152                                       Agency, 1200 Pennsylvania Ave. NW.,
                                                PART 165—REGULATED NAVIGATION                           [EPA–HQ–OPP–2010–0305; FRL–9934–44]                   Washington, DC 20460–0001; telephone
                                                AREAS AND LIMITED ACCESS AREAS                                                                                number: (703) 605–1193; fax number:
                                                                                                        RIN 2070–AJ79
                                                                                                                                                              (703) 305–5884; email address:
                                                ■ 1. The authority citation for part 165                Pesticides; Revisions to Minimum Risk                 yarger.ryne@epa.gov.
                                                continues to read as follows:                           Exemption                                             SUPPLEMENTARY INFORMATION:
                                                  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;               AGENCY:  Environmental Protection                     I. Executive Summary
                                                Department of Homeland Security Delegation              Agency (EPA).                                         A. Does this action apply to me?
                                                No. 0170.1.                                             ACTION: Final rule.
                                                                                                                                                                You may be affected by this action if
                                                ■ 2. Add § 165.T09–1074 to read as
                                                                                                        SUMMARY:   EPA is revising its regulations            you manufacture, distribute, sell, or use
                                                follows:
                                                                                                        to more clearly describe the active and               minimum risk pesticide products.
                                                § 165.T09–1074 Safety Zone; New Year’s                  inert ingredients that are permitted in               Minimum risk pesticide products are
                                                Eve Fireworks Display, Chicago River,                   products eligible for the minimum risk                exempt from registration and other
                                                Chicago, IL.                                            pesticide exemption. EPA is improving                 requirements under the Federal
                                                  (a) Location. All waters of the the                   the clarity and transparency of the                   Insecticide, Fungicide and Rodenticide
                                                Main Branch of the Chicago River                        minimum risk exemption by codifying                   Act (FIFRA), and are described in 40
                                                between the Michigan Avenue Highway                     the inert ingredients list and by adding              CFR 152.25(f). The following list of
                                                Bridge and the west entrance of the                     specific chemical identifiers, where                  North American Industrial
                                                Chicago Harbor Lock.                                    available, for all eligible active and inert          Classification System (NAICS) codes is
                                                  (b) Enforcement Period. This rule will                ingredients. These specific identifiers               not intended to be exhaustive, but rather
                                                be enforced from 11:30 p.m. on                          will make it easier for manufacturers,                provides a guide to help readers
                                                December 31, 2015 to 12:15 a.m. on                      the public, and Federal, state, and tribal            determine whether this document
                                                January 1, 2016.                                        inspectors to determine the specific                  applies to them. Potentially affected
mstockstill on DSK4VPTVN1PROD with RULES




                                                  (c) Regulations. (1) In accordance with               chemical substances that are permitted                entities may include:
                                                the general regulations in § 165.23 of                  in minimum risk pesticide products.                     • Manufacturers of these products,
                                                this part, entry into, transiting, or                   EPA is also modifying the labeling                    which includes pesticide and other
                                                anchoring within this safety zone is                    requirements in the exemption to                      agricultural chemical manufacturers
                                                prohibited unless authorized by the                     require products to list ingredients on               (NAICS codes 325320 and 325311), as
                                                Captain of the Port, Lake Michigan or a                 the label with a designated label display             well as other manufacturers in similar
                                                designated on-scene representative.                     name and to provide the producer’s                    industries such as animal feed (NAICS


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Document Created: 2018-03-02 09:24:19
Document Modified: 2018-03-02 09:24:19
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 will be effective from 11:30 p.m. on December 31, 2015 to 12:15 a.m. on January 1, 2016.
ContactIf you have questions on this rule, call or email LT Lindsay Cook, Marine Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986-2155, email [email protected]
FR Citation80 FR 80651 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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