81_FR_43305 81 FR 43178 - Safety Zone; South Branch of the Chicago River and Chicago Sanitary and Ship Canal, Chicago, IL

81 FR 43178 - Safety Zone; South Branch of the Chicago River and Chicago Sanitary and Ship Canal, Chicago, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range43178-43180
FR Document2016-15695

The Coast Guard proposes to establish a temporary safety zone on the South Branch of the Chicago River and the Chicago Sanitary and Ship Canal, Chicago, IL. This action is necessary to protect spectators, participants, and vessels from the hazards associated with the Tough Cup event. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Lake Michigan.

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Proposed Rules]
[Pages 43178-43180]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15695]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0451]
RIN 1625-AA00


Safety Zone; South Branch of the Chicago River and Chicago 
Sanitary and Ship Canal, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the South Branch of the Chicago River and the Chicago Sanitary and 
Ship Canal, Chicago, IL. This action is necessary to protect 
spectators, participants, and vessels from the hazards associated with 
the Tough Cup event. This proposed rulemaking would prohibit persons 
and vessels from being in the safety zone unless authorized by the 
Captain of the Port Lake Michigan.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 1, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0451 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, 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
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

[[Page 43179]]

II. Background, Purpose, and Legal Basis

    On December 27, 2015, the Coast Guard received an Application for 
Marine Event for the Tough Cup event to be held on the South Branch of 
the Chicago River and the Chicago Sanitary and Ship Canal between the 
Illinois Northern Bridge and the Loomis Street Highway Bridge. This 
event involves high performance rowing shells and sculls that range in 
size from 27 feet to 65 feet in length and oars out to 25 feet in width 
to race on a course along the South Branch of the Chicago River and the 
Chicago Sanitary and Ship Canal. The Captain of the Port Lake Michigan 
(COTP) has determined that the potential hazards associated with this 
event would be a safety concern for participants as well as 
recreational and commercial traffic in or around the course where the 
event will take place.
    The purpose of this rulemaking is to ensure the safety of vessels, 
persons and the navigable waters immediately before, during, and 
immediately after the scheduled event. The specific hazards include 
collisions among event participants, recreational traffic, and 
commercial traffic that may cause injury or marine casualties. The 
legal basis for this proposed 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.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone on all waters of the 
South Branch of the Chicago River and the Chicago Sanitary and Ship 
Canal between the Illinois Northern Bridge and the Loomis Street 
Highway Bridge. This safety zone will be enforced from 6:30 a.m. to 
1:00 p.m. on September 24, 2016. The safety zone enforcement times are 
intended to ensure the safety of persons and vessels immediately 
before, during and immediately after the event.
    The Captain of the Port Lake Michigan has determined that the 
safety zone in this proposed rule is necessary to ensure the safety of 
vessels and people during this event. The safety zone in this proposed 
rule will be enforced for six and a half hours on September 24, 2016.
    The Captain of the Port Lake Michigan will notify the public that 
the zone in this proposal will be enforced by all appropriate means to 
the affected segments of the public, including publication in the 
Federal Register, as practicable, in accordance with 33 CFR 165.7(a). 
Such means of notification may also include, but are not limited to, 
Broadcast Notice to Mariners or Local Notice to Mariners.
    All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port Lake Michigan or his or her designated 
representative. Entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port or his 
or her designated representative. The Captain of the Port or his or her 
designated representative may be contacted via VHF Channel 16.

IV. Regulatory Analysis

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on a number of the statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    We conclude that this proposed 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 for a short duration on the one 
day this rule will be in effect to ensure safety of spectators and 
participants at this scheduled event. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the safety zone, and the rule would allow vessels to seek permission to 
enter the zone.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on

[[Page 43180]]

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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves the 
establishment of a safety zone for the Tough Cup event scheduled to 
take place on September 24, 2016. Normally such actions are 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. An environmental 
analysis checklist and 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 proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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.T09-0451 to read as follows:


Sec.  165.929  T09-0451 Safety Zone; South Branch of the Chicago River 
and the Chicago Sanitary and Ship Canal, Chicago, IL.

    (a) Location. All waters of the South Branch of the Chicago River 
and the Chicago Sanitary and Ship Canal between the Illinois Northern 
Bridge and the Loomis Street Highway Bridge.
    (b) Effective and Enforcement Period. This rule will be effective 
from 6:30 a.m. to 1:00 p.m. on September 24, 2016 and will be enforced 
from 6:30 a.m. to 1:00 p.m. on September 24, 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: June 20, 2016.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2016-15695 Filed 6-30-16; 8:45 am]
BILLING CODE 9110-04-P



                                                      43178                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Proposed Rules

                                                         (j) Medical device component. If                     give the owner or consignee a single                     Dated: June 28, 2016.
                                                      applicable for a medical device, an                     written or electronic notice that                      Timothy E. Skud,
                                                      affirmation identifying that the article                provides the notice on refusal of                      Deputy Assistant Secretary (Tax, Trade, and
                                                      being imported or offered for import is                 admission and the notice on destruction                Tariff Policy), Department of the Treasury.
                                                      a component that requires further                       of an article described in paragraph (a)               [FR Doc. 2016–15684 Filed 6–30–16; 8:45 am]
                                                      processing or inclusion into a finished                 of this section. * * *                                 BILLING CODE 4164–01–P
                                                      medical device.
                                                                                                              PART 1005—IMPORTATION OF
                                                      § 1.79   Tobacco products.                              ELECTRONIC PRODUCTS
                                                         In addition to the data required to be                                                                      DEPARTMENT OF HOMELAND
                                                      submitted in § 1.72, an ACE filer must                  ■ 6. The authority citation for part 1005              SECURITY
                                                      submit the following information at the                 continues to read as follows:
                                                      time of filing entry in ACE.                                                                                   Coast Guard
                                                                                                                  Authority: 21 U.S.C. 360ii, 360mm.
                                                         (a) Brand name of the article that is
                                                      a tobacco product being imported or                     ■   7. Revise § 1005.2 to read as follows:             33 CFR Part 165
                                                      offered for import.
                                                         (b) Name and address of the ACE filer                § 1005.2    Definitions.
                                                                                                                                                                     [Docket No. USCG–2016–0451]
                                                      for any entry that includes an article                     As used in this part:
                                                      that is a tobacco product.
                                                                                                                 The term owner or consignee means                   RIN 1625–AA00
                                                      § 1.80   Cosmetics.                                     the person eligible to make entry under
                                                        An ACE filer must submit the data                     the provisions of sections 484 and 485                 Safety Zone; South Branch of the
                                                      specified in § 1.72 at the time of filing               of the Tariff Act of 1930, as amended                  Chicago River and Chicago Sanitary
                                                      entry in ACE.                                           (19 U.S.C. 1484 and 1485), namely, the                 and Ship Canal, Chicago, IL
                                                      ■ 3. In § 1.83, revise paragraph (a) to                 ‘‘importer of record.’’                                AGENCY:   Coast Guard, DHS.
                                                      read as follows:
                                                                                                              PART 1271—HUMAN CELLS, TISSUES,                        ACTION:   Notice of proposed rulemaking.
                                                      § 1.83   Definitions.                                   AND CELLULAR AND TISSUE-BASED                          SUMMARY:   The Coast Guard proposes to
                                                      *     *    *      *     *                               PRODUCTS                                               establish a temporary safety zone on the
                                                        (a) The term owner or consignee                                                                              South Branch of the Chicago River and
                                                      means the person eligible to make entry                 ■ 8. The authority citation for part 1271              the Chicago Sanitary and Ship Canal,
                                                      under the provisions of sections 484 and                continues to read as follows:                          Chicago, IL. This action is necessary to
                                                      485 of the Tariff Act of 1930, as                         Authority: 42 U.S.C. 216, 243, 263a, 264,            protect spectators, participants, and
                                                      amended (19 U.S.C. 1484 and 1485),                      271.                                                   vessels from the hazards associated with
                                                      namely, the ‘‘importer of record.’’                                                                            the Tough Cup event. This proposed
                                                      *     *    *      *     *                               ■ 9. In § 1271.420, revise paragraph (a)               rulemaking would prohibit persons and
                                                      ■ 4. Revise § 1.90 to read as follows:                  to read as follows:                                    vessels from being in the safety zone
                                                      § 1.90   Notice of sampling.                            § 1271.420    HCT/Ps offered for import.               unless authorized by the Captain of the
                                                                                                                                                                     Port Lake Michigan.
                                                        When a sample of an article offered                      (a) Except as provided in paragraphs
                                                      for import has been requested by the                                                                           DATES: Comments and related material
                                                                                                              (c) and (d) of this section, when an                   must be received by the Coast Guard on
                                                      district director, FDA shall provide to                 HCT/P is offered for import, the
                                                      the owner or consignee prompt notice of                                                                        or before August 1, 2016.
                                                                                                              importer of record must notify, either
                                                      delivery of, or intention to deliver, such                                                                     ADDRESSES: You may submit comments
                                                                                                              before or at the time of importation, the
                                                      sample. Upon receipt of the notice, the                                                                        identified by docket number USCG–
                                                                                                              director of the district of the Food and
                                                      owner or consignee shall hold such                                                                             2016–0451 using the Federal
                                                                                                              Drug Administration (FDA) having
                                                      article and not distribute it until further                                                                    eRulemaking Portal at http://
                                                                                                              jurisdiction over the port of entry
                                                      notice from the district director or U.S.                                                                      www.regulations.gov. See the ‘‘Public
                                                                                                              through which the HCT/P is imported or
                                                      Customs and Border Protection of the                                                                           Participation and Request for
                                                                                                              offered for import, or such officer of the
                                                      results of examination of the sample.                                                                          Comments’’ portion of the
                                                                                                              district as the director may designate to
                                                      ■ 5. In § 1.94, revise the first sentence of                                                                   SUPPLEMENTARY INFORMATION section for
                                                                                                              act in his or her behalf in administering
                                                      paragraphs (a) and (c) to read as follows:                                                                     further instructions on submitting
                                                                                                              and enforcing this part, and must
                                                                                                                                                                     comments.
                                                      § 1.94 Hearing on refusal of admission or               provide sufficient information,
                                                      destruction.                                            including information submitted in the                 FOR FURTHER INFORMATION CONTACT:   If
                                                        (a) If it appears that the article may be             Automated Commercial Environment                       you have questions about this proposed
                                                      subject to refusal of admission, or that                (ACE) system or any other Electronic                   rulemaking, call or email LT Lindsay
                                                      the article is a drug that may be subject               Data Interchange system authorized by                  Cook, Marine Safety Unit Chicago, U.S.
                                                      to destruction under section 801(a) of                  the United States Customs and Border                   Coast Guard; telephone (630) 986–2155,
                                                      the Federal Food, Drug, and Cosmetic                    Protection Agency as required in part 1,               email Lindsay.N.Cook@uscg.mil.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      Act, the district director shall give the               subpart D of this chapter, for FDA to                  SUPPLEMENTARY INFORMATION:
                                                      owner or consignee a written or                         make an admissibility decision.
                                                                                                                                                                     I. Table of Abbreviations
                                                      electronic notice to that effect, stating               *      *     *    *      *
                                                      the reasons therefor. * * *                                                                                    CFR Code of Federal Regulations
                                                                                                                Dated: June 28, 2016.                                DHS Department of Homeland Security
                                                      *     *      *     *      *                                                                                    FR Federal Register
                                                                                                              Leslie Kux,
                                                        (c) If the article is a drug that may be                                                                     NPRM Notice of proposed rulemaking
                                                      subject to destruction under section                    Associate Commissioner for Policy, Food and
                                                                                                                                                                     Pub. L. Public Law
                                                      801(a) of the Federal Food, Drug, and                   Drug Administration.
                                                                                                                                                                     § Section
                                                      Cosmetic Act, the district director may                     In concurrence with FDA:                           U.S.C. United States Code



                                                 VerDate Sep<11>2014   17:43 Jun 30, 2016   Jkt 238001   PO 00000   Frm 00064   Fmt 4702   Sfmt 4702   E:\FR\FM\01JYP1.SGM   01JYP1


                                                                                 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Proposed Rules                                           43179

                                                      II. Background, Purpose, and Legal                      may also include, but are not limited to,              that are independently owned and
                                                      Basis                                                   Broadcast Notice to Mariners or Local                  operated and are not dominant in their
                                                        On December 27, 2015, the Coast                       Notice to Mariners.                                    fields, and governmental jurisdictions
                                                                                                                All persons and vessels must comply                  with populations of less than 50,000.
                                                      Guard received an Application for
                                                                                                              with the instructions of the Coast Guard               The Coast Guard certifies under 5 U.S.C.
                                                      Marine Event for the Tough Cup event
                                                                                                              Captain of the Port Lake Michigan or his               605(b) that this proposed rule would not
                                                      to be held on the South Branch of the
                                                                                                              or her designated representative. Entry                have a significant economic impact on
                                                      Chicago River and the Chicago Sanitary
                                                                                                              into, transiting, or anchoring within the              a substantial number of small entities.
                                                      and Ship Canal between the Illinois
                                                                                                              safety zone is prohibited unless                          While some owners or operators of
                                                      Northern Bridge and the Loomis Street                                                                          vessels intending to transit the safety
                                                                                                              authorized by the Captain of the Port or
                                                      Highway Bridge. This event involves                                                                            zone may be small entities, for the
                                                                                                              his or her designated representative.
                                                      high performance rowing shells and                                                                             reasons stated in section IV.A above this
                                                                                                              The Captain of the Port or his or her
                                                      sculls that range in size from 27 feet to                                                                      proposed rule would not have a
                                                                                                              designated representative may be
                                                      65 feet in length and oars out to 25 feet                                                                      significant economic impact on any
                                                                                                              contacted via VHF Channel 16.
                                                      in width to race on a course along the                                                                         vessel owner or operator.
                                                      South Branch of the Chicago River and                   IV. Regulatory Analysis                                   If you think that your business,
                                                      the Chicago Sanitary and Ship Canal.                      We developed this proposed rule after                organization, or governmental
                                                      The Captain of the Port Lake Michigan                   considering numerous statutes and                      jurisdiction qualifies as a small entity
                                                      (COTP) has determined that the                          Executive Orders related to rulemaking.                and that this rule would have a
                                                      potential hazards associated with this                  Below we summarize our analyses                        significant economic impact on it,
                                                      event would be a safety concern for                     based on a number of the statutes and                  please submit a comment (see
                                                      participants as well as recreational and                Executive Orders, and we discuss First                 ADDRESSES) explaining why you think it
                                                      commercial traffic in or around the                     Amendment rights of protestors.                        qualifies and how and to what degree
                                                      course where the event will take place.                                                                        this rule would economically affect it.
                                                        The purpose of this rulemaking is to                  A. Regulatory Planning and Review
                                                                                                                                                                        Under section 213(a) of the Small
                                                      ensure the safety of vessels, persons and                  Executive Orders 12866 and 13563                    Business Regulatory Enforcement
                                                      the navigable waters immediately                        direct agencies to assess the costs and                Fairness Act of 1996 (Pub. L. 104–121),
                                                      before, during, and immediately after                   benefits of available regulatory                       we want to assist small entities in
                                                      the scheduled event. The specific                       alternatives and, if regulation is                     understanding this proposed rule. If the
                                                      hazards include collisions among event                  necessary, to select regulatory                        rule would affect your small business,
                                                      participants, recreational traffic, and                 approaches that maximize net benefits.                 organization, or governmental
                                                      commercial traffic that may cause injury                Executive Order 13563 emphasizes the                   jurisdiction and you have questions
                                                      or marine casualties. The legal basis for               importance of quantifying both costs                   concerning its provisions or options for
                                                      this proposed rule is the Coast Guard’s                 and benefits, of reducing costs, of                    compliance, please contact the person
                                                      authority to establish safety zones: 33                 harmonizing rules, and of promoting                    listed in the FOR FURTHER INFORMATION
                                                      U.S.C. 1231; 33 CFR 1.05–1, 160.5;                      flexibility. This NPRM has not been                    CONTACT section. The Coast Guard will
                                                      Department of Homeland Security                         designated a ‘‘significant regulatory                  not retaliate against small entities that
                                                      Delegation No. 0170.1.                                  action,’’ under Executive Order 12866.                 question or complain about this
                                                      III. Discussion of Proposed Rule                        Accordingly, the NPRM has not been                     proposed rule or any policy or action of
                                                                                                              reviewed by the Office of Management                   the Coast Guard.
                                                        The COTP proposes to establish a                      and Budget.
                                                      safety zone on all waters of the South                     We conclude that this proposed rule                 C. Collection of Information
                                                      Branch of the Chicago River and the                     is not a significant regulatory action                   This proposed rule would not call for
                                                      Chicago Sanitary and Ship Canal                         because we anticipate that it will have                a new collection of information under
                                                      between the Illinois Northern Bridge                    minimal impact on the economy, will                    the Paperwork Reduction Act of 1995
                                                      and the Loomis Street Highway Bridge.                   not interfere with other agencies, will                (44 U.S.C. 3501–3520).
                                                      This safety zone will be enforced from                  not adversely alter the budget of any
                                                      6:30 a.m. to 1:00 p.m. on September 24,                 grant or loan recipients, and will not                 D. Federalism and Indian Tribal
                                                      2016. The safety zone enforcement                       raise any novel legal or policy issues.                Governments
                                                      times are intended to ensure the safety                 The safety zone created by this rule will                 A rule has implications for federalism
                                                      of persons and vessels immediately                      be relatively small and enforced for a                 under Executive Order 13132,
                                                      before, during and immediately after the                short duration on the one day this rule                Federalism, if it has a substantial direct
                                                      event.                                                  will be in effect to ensure safety of                  effect on the States, on the relationship
                                                        The Captain of the Port Lake                          spectators and participants at this                    between the national government and
                                                      Michigan has determined that the safety                 scheduled event. Moreover, the Coast                   the States, or on the distribution of
                                                      zone in this proposed rule is necessary                 Guard would issue a Broadcast Notice to                power and responsibilities among the
                                                      to ensure the safety of vessels and                     Mariners via VHF–FM marine channel                     various levels of government. We have
                                                      people during this event. The safety                    16 about the safety zone, and the rule                 analyzed this proposed rule under that
                                                      zone in this proposed rule will be                      would allow vessels to seek permission                 Order and have determined that it is
                                                      enforced for six and a half hours on                    to enter the zone.                                     consistent with the fundamental
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      September 24, 2016.                                                                                            federalism principles and preemption
                                                        The Captain of the Port Lake                          B. Impact on Small Entities                            requirements described in Executive
                                                      Michigan will notify the public that the                  The Regulatory Flexibility Act of                    Order 13132.
                                                      zone in this proposal will be enforced                  1980, 5 U.S.C. 601–612, as amended,                       Also, this proposed rule does not have
                                                      by all appropriate means to the affected                requires Federal agencies to consider                  tribal implications under E.O. 13175,
                                                      segments of the public, including                       the potential impact of regulations on                 Consultation and Coordination with
                                                      publication in the Federal Register, as                 small entities during rulemaking. The                  Indian Tribal Governments, because it
                                                      practicable, in accordance with 33 CFR                  term ‘‘small entities’’ comprises small                would not have a substantial direct
                                                      165.7(a). Such means of notification                    businesses, not-for-profit organizations               effect on one or more Indian tribes, on


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                                                      43180                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Proposed Rules

                                                      the relationship between the Federal                    V. Public Participation and Request for                § 165.929 T09–0451 Safety Zone; South
                                                      Government and Indian tribes, or on the                 Comments                                               Branch of the Chicago River and the
                                                      distribution of power and                                                                                      Chicago Sanitary and Ship Canal, Chicago,
                                                                                                                 We view public participation as                     IL.
                                                      responsibilities between the Federal
                                                      Government and Indian tribes. If you                    essential to effective rulemaking, and                    (a) Location. All waters of the South
                                                      believe this proposed rule has                          will consider all comments and material                Branch of the Chicago River and the
                                                      implications for federalism or Indian                   received during the comment period.                    Chicago Sanitary and Ship Canal
                                                      tribes, please contact the person listed                Your comment can help shape the                        between the Illinois Northern Bridge
                                                      in the FOR FURTHER INFORMATION                          outcome of this rulemaking. If you                     and the Loomis Street Highway Bridge.
                                                      CONTACT section above.                                  submit a comment, please include the                      (b) Effective and Enforcement Period.
                                                                                                              docket number for this rulemaking,                     This rule will be effective from 6:30 a.m.
                                                      E. Unfunded Mandates Reform Act                         indicate the specific section of this                  to 1:00 p.m. on September 24, 2016 and
                                                                                                              document to which each comment                         will be enforced from 6:30 a.m. to 1:00
                                                         The Unfunded Mandates Reform Act                     applies, and provide a reason for each                 p.m. on September 24, 2016.
                                                      of 1995 (2 U.S.C. 1531–1538) requires                   suggestion or recommendation.                             (c) Regulations. (1) In accordance with
                                                      Federal agencies to assess the effects of                                                                      the general regulations in § 165.23 of
                                                      their discretionary regulatory actions. In                 We encourage you to submit
                                                                                                              comments through the Federal                           this part, entry into, transiting, or
                                                      particular, the Act addresses actions                                                                          anchoring within this safety zone is
                                                      that may result in the expenditure by a                 eRulemaking Portal at http://
                                                                                                              www.regulations.gov. If your material                  prohibited unless authorized by the
                                                      State, local, or tribal government, in the                                                                     Captain of the Port Lake Michigan or a
                                                      aggregate, or by the private sector of                  cannot be submitted using http://
                                                                                                              www.regulations.gov, contact the person                designated on-scene representative.
                                                      $100,000,000 (adjusted for inflation) or                                                                          (2) This safety zone is closed to all
                                                      more in any one year. Though this                       in the FOR FURTHER INFORMATION
                                                                                                                                                                     vessel traffic, except as may be
                                                                                                              CONTACT section of this document for
                                                      proposed rule would not result in such                                                                         permitted by the Captain of the Port
                                                                                                              alternate instructions.
                                                      an expenditure, we do discuss the                                                                              Lake Michigan or a designated on-scene
                                                      effects of this rule elsewhere in this                     We accept anonymous comments. All                   representative.
                                                      preamble.                                               comments received will be posted                          (3) The ‘‘on-scene representative’’ of
                                                                                                              without change to http://                              the Captain of the Port Lake Michigan
                                                      F. Environment                                          www.regulations.gov and will include                   is any Coast Guard commissioned,
                                                                                                              any personal information you have                      warrant or petty officer who has been
                                                        We have analyzed this proposed rule
                                                                                                              provided. For more about privacy and                   designated by the Captain of the Port
                                                      under Department of Homeland
                                                                                                              the docket, you may review a Privacy                   Lake Michigan to act on his or her
                                                      Security Management Directive 023–01
                                                                                                              Act notice regarding the Federal Docket                behalf.
                                                      and Commandant Instruction
                                                                                                              Management System in the March 24,                        (4) Vessel operators desiring to enter
                                                      M16475.lD, which guide the Coast
                                                                                                              2005, issue of the Federal Register (70                or operate within the safety zone shall
                                                      Guard in complying with the National
                                                                                                              FR 15086).                                             contact the Captain of the Port Lake
                                                      Environmental Policy Act of 1969 (42
                                                                                                                 Documents mentioned in this NPRM                    Michigan or an on-scene representative
                                                      U.S.C. 4321–4370f), and have made a
                                                                                                              as being available in the docket, and all              to obtain permission to do so. The
                                                      preliminary determination that this
                                                                                                              public comments, will be in our online                 Captain of the Port Lake Michigan or an
                                                      action is one of a category of actions that
                                                                                                              docket at http://www.regulations.gov                   on-scene representative may be
                                                      do not individually or cumulatively
                                                                                                              and can be viewed by following that                    contacted via VHF Channel 16. Vessel
                                                      have a significant effect on the human
                                                                                                              Web site’s instructions. Additionally, if              operators given permission to enter or
                                                      environment. This proposed rule
                                                                                                              you go to the online docket and sign up                operate in the safety zone must comply
                                                      involves the establishment of a safety
                                                                                                              for email alerts, you will be notified                 with all directions given to them by the
                                                      zone for the Tough Cup event scheduled
                                                                                                              when comments are posted or a final                    Captain of the Port Lake Michigan, or an
                                                      to take place on September 24, 2016.
                                                                                                              rule is published.                                     on-scene representative.
                                                      Normally such actions are categorically
                                                      excluded from further review under                                                                               Dated: June 20, 2016.
                                                                                                              List of Subjects in 33 CFR Part 165
                                                      paragraph 34(g) of Figure 2–1 of                                                                               A.B. Cocanour,
                                                      Commandant Instruction M16475.lD.                         Harbors, Marine safety, Navigation                   Captain, U.S. Coast Guard, Captain of the
                                                      An environmental analysis checklist                     (water), Reporting and record keeping                  Port Lake Michigan.
                                                      and Categorical Exclusion                               requirements, Security measures,                       [FR Doc. 2016–15695 Filed 6–30–16; 8:45 am]
                                                      Determination are available in the                      Waterways.                                             BILLING CODE 9110–04–P
                                                      docket where indicated under
                                                                                                                For the reasons discussed in the
                                                      ADDRESSES. We seek any comments or
                                                                                                              preamble, the Coast Guard proposes to
                                                      information that may lead to the                                                                               ENVIRONMENTAL PROTECTION
                                                                                                              amend 33 CFR part 165 as follows:
                                                      discovery of a significant environmental                                                                       AGENCY
                                                      impact from this proposed rule.                         PART 165—REGULATED NAVIGATION
                                                                                                              AREAS AND LIMITED ACCESS AREAS                         40 CFR Part 51 and 52
                                                      G. Protest Activities
                                                                                                                                                                     [EPA–HQ–OAR–2015–0531; FRL–9948–53–
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                        The Coast Guard respects the First                    ■ 1. The authority citation for Part 165               OAR]
                                                      Amendment rights of protesters.                         continues to read as follows:
                                                      Protesters are asked to contact the                                                                            Protection of Visibility: Amendments
                                                                                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            to Requirements for State Plans
                                                      person listed in the FOR FURTHER                        33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                      INFORMATION CONTACT section to                          Department of Homeland Security Delegation             AGENCY:  Environmental Protection
                                                      coordinate protest activities so that your              No. 0170.1.                                            Agency (EPA).
                                                      message can be received without
                                                                                                                                                                     ACTION: Proposed rule; extension of
                                                      jeopardizing the safety or security of                  ■ 2. Add § 165.T09–0451 to read as
                                                                                                                                                                     comment period.
                                                      people, places, or vessels.                             follows:


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Document Created: 2016-07-14 11:37:07
Document Modified: 2016-07-14 11:37:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before August 1, 2016.
ContactIf you have questions about this proposed rulemaking, call or email LT Lindsay Cook, Marine Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986-2155, email [email protected]
FR Citation81 FR 43178 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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