81_FR_65734 81 FR 65549 - Safety Zone; South Branch of the Chicago River and Chicago Sanitary and Ship Canal, Chicago, IL

81 FR 65549 - 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 185 (September 23, 2016)

Page Range65549-65551
FR Document2016-22919

The Coast Guard is establishing a temporary safety zone on the South Branch of the Chicago River and the Chicago Sanitary and Ship Canal. This action is necessary to protect spectators, participants, and vessels from the hazards associated with the Tough Cup event on these navigable waters in Chicago, IL, on September 24, 2016. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Lake Michigan or a designated representative.

Federal Register, Volume 81 Issue 185 (Friday, September 23, 2016)
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Rules and Regulations]
[Pages 65549-65551]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22919]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number 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: Temporary Final Rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
South Branch of the Chicago River and the Chicago Sanitary and Ship 
Canal. This action is necessary to protect spectators, participants, 
and vessels from the hazards associated with the Tough Cup event on 
these navigable waters in Chicago, IL, on September 24, 2016. This 
regulation prohibits persons and vessels from being in the safety zone 
unless authorized by the Captain of the Port Lake Michigan or a 
designated representative.

DATES: This rule is effective from 6:30 a.m. to 1 p.m. on September 24, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0451 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 27, 2015, the Coast Guard received an Application for 
Marine Event for the Tough Cup event that will be held from 6:30 a.m. 
to 1 p.m. on September 24, 2016, 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. In response, on 
July 1, 2016, the Coast Guard published a notice of proposed rulemaking 
(NPRM) titled ``Safety Zone; South Branch of the Chicago River and 
Chicago Sanitary and Ship Canal, Chicago, IL'' (81 FR 43178). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this event. During the comment period that 
ended July 31, 2016, we received two comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. To provide an 
opportunity for comment, as opposed to not issuing an NPRM, we issued 
the NPRM knowing it would be impracticable not to make a final rule 
effective less than 30 days after it is published. Delaying the 
effective date of this rule to wait for a comment period to run would 
be impracticable because it would inhibit the ability to protect the 
public and vessels from the hazards associated with a race involving 
personal watercraft to take place on September 24, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Lake Michigan (COTP) has determined that 
the potential hazards associated with vessels transiting through a 
narrow and congested section of the river during the Tough Cup event 
will pose concerns for all vessels navigating in the area. The purpose 
of this rule is to ensure the safety of spectators, vessels 
participating in the event and all vessels operating in the vicinity of 
the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published July 
1, 2016. One comment stated concerns with the notification to the 
public being sufficient for the proposed rule. The Coast Guard has 
provided notice required by the Administrative Procedures Act (5 U.S.C. 
553) and will also provide notification by issuing a Broadcast Notice 
to Mariners via VHF-FM marine channel 16. To further address the 
concern of sufficient notification, the Coast Guard will include a 
notification in the Local Notice to Mariners publication. The second 
comment received was supportive of the event and related waterway 
restriction. There is one change in the regulatory text of this rule 
from the proposed rule in the NPRM to include the additional 
notification in the Local Notice to Mariners publication. This rule 
establishes a safety zone from 6:30 a.m. to 1 p.m. on September 24, 
2016. The safety zone will cover all navigable waters 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 in Chicago, IL. The duration of the zone is intended to ensure 
the safety of vessels and these navigable waters before, during, and 
after the scheduled Tough Cup event. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 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 Executive Order 12866. 
Accordingly, it has not been reviewed

[[Page 65550]]

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 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 will issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
safety zone, a notification in the Local Notice to Mariners 
publication, 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 received zero comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator. Under section 213(a) of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want 
to assist small entities in understanding this rule. If the rule would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive 
Order13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting six and a half hours that will 
prohibit entry within a section of the South Branch of the Chicago 
River and the Chicago Sanitary and Ship Canal. It is categorically 
excluded from further review under paragraph 34g 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 record 
keeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 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.T09-0451  Safety Zone; South Branch of the Chicago River and 
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.

[[Page 65551]]

    (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: September 19, 2016.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2016-22919 Filed 9-22-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations                                       65549

                                             through the bridge. The north span of                   email LT Lindsay Cook, Marine Safety                  in the event and all vessels operating in
                                             the bridge will be able to open for                     Unit Chicago, U.S. Coast Guard;                       the vicinity of the scheduled event.
                                             emergencies. The Coast Guard will also                  telephone (630) 986–2155, email
                                                                                                                                                           IV. Discussion of Comments, Changes,
                                             inform the users of the waterways                       Lindsay.N.Cook@uscg.mil.
                                                                                                                                                           and the Rule
                                             through our Local and Broadcast                         SUPPLEMENTARY INFORMATION:
                                             Notices to Mariners of the change in                                                                             As noted above, we received two
                                             operating schedule for the bridge so that               I. Table of Abbreviations                             comments on our NPRM published July
                                             vessel operators can arrange their transit                                                                    1, 2016. One comment stated concerns
                                                                                                     CFR Code of Federal Regulations
                                             to minimize any impact caused by the                                                                          with the notification to the public being
                                                                                                     DHS Department of Homeland Security
                                             modified temporary deviation.                           FR Federal Register                                   sufficient for the proposed rule. The
                                                In accordance with 33 CFR 117.35(e),                 NPRM Notice of proposed rulemaking                    Coast Guard has provided notice
                                             the drawbridge must return to its regular               § Section                                             required by the Administrative
                                             operating schedule immediately at the                   U.S.C. United States Code                             Procedures Act (5 U.S.C. 553) and will
                                             end of the effective period of this                                                                           also provide notification by issuing a
                                                                                                     II. Background Information and                        Broadcast Notice to Mariners via VHF–
                                             temporary deviation. This deviation                     Regulatory History
                                             from the operating regulations is                                                                             FM marine channel 16. To further
                                             authorized under 33 CFR 117.35.                            On December 27, 2015, the Coast                    address the concern of sufficient
                                                                                                     Guard received an Application for                     notification, the Coast Guard will
                                               Dated: September 19, 2016.                                                                                  include a notification in the Local
                                                                                                     Marine Event for the Tough Cup event
                                             Hal R. Pitts,                                                                                                 Notice to Mariners publication. The
                                                                                                     that will be held from 6:30 a.m. to 1
                                             Bridge Program Manager, Fifth Coast Guard               p.m. on September 24, 2016, on the                    second comment received was
                                             District.                                                                                                     supportive of the event and related
                                                                                                     South Branch of the Chicago River and
                                             [FR Doc. 2016–22916 Filed 9–22–16; 8:45 am]
                                                                                                     the Chicago Sanitary and Ship Canal                   waterway restriction. There is one
                                             BILLING CODE 9110–04–P                                  between the Illinois Northern Bridge                  change in the regulatory text of this rule
                                                                                                     and the Loomis Street Highway Bridge.                 from the proposed rule in the NPRM to
                                                                                                     In response, on July 1, 2016, the Coast               include the additional notification in
                                             DEPARTMENT OF HOMELAND                                                                                        the Local Notice to Mariners
                                                                                                     Guard published a notice of proposed
                                             SECURITY                                                                                                      publication. This rule establishes a
                                                                                                     rulemaking (NPRM) titled ‘‘Safety Zone;
                                                                                                     South Branch of the Chicago River and                 safety zone from 6:30 a.m. to 1 p.m. on
                                             Coast Guard                                                                                                   September 24, 2016. The safety zone
                                                                                                     Chicago Sanitary and Ship Canal,
                                                                                                     Chicago, IL’’ (81 FR 43178). There we                 will cover all navigable waters on the
                                             33 CFR Part 165                                                                                               South Branch of the Chicago River and
                                                                                                     stated why we issued the NPRM, and
                                             [Docket Number USCG–2016–0451]                          invited comments on our proposed                      the Chicago Sanitary and Ship Canal
                                                                                                     regulatory action related to this event.              between the Illinois Northern Bridge
                                             RIN 1625–AA00                                                                                                 and the Loomis Street Highway Bridge
                                                                                                     During the comment period that ended
                                                                                                     July 31, 2016, we received two                        in Chicago, IL. The duration of the zone
                                             Safety Zone; South Branch of the
                                                                                                     comments.                                             is intended to ensure the safety of
                                             Chicago River and Chicago Sanitary
                                                                                                                                                           vessels and these navigable waters
                                             and Ship Canal, Chicago, IL                                We are issuing this rule, and under 5
                                                                                                                                                           before, during, and after the scheduled
                                                                                                     U.S.C. 553(d)(3), the Coast Guard finds
                                             AGENCY:    Coast Guard, DHS.                                                                                  Tough Cup event. No vessel or person
                                                                                                     that good cause exists for making it
                                             ACTION:   Temporary Final Rule.                                                                               will be permitted to enter the safety
                                                                                                     effective less than 30 days after
                                                                                                                                                           zone without obtaining permission from
                                                                                                     publication in the Federal Register. To
                                             SUMMARY:   The Coast Guard is                                                                                 the COTP or a designated
                                                                                                     provide an opportunity for comment, as
                                             establishing a temporary safety zone on                                                                       representative.
                                                                                                     opposed to not issuing an NPRM, we
                                             the South Branch of the Chicago River
                                                                                                     issued the NPRM knowing it would be                   V. Regulatory Analyses
                                             and the Chicago Sanitary and Ship
                                                                                                     impracticable not to make a final rule                  We developed this rule after
                                             Canal. This action is necessary to
                                                                                                     effective less than 30 days after it is               considering numerous statutes and
                                             protect spectators, participants, and
                                                                                                     published. Delaying the effective date of             Executive orders related to rulemaking.
                                             vessels from the hazards associated with
                                                                                                     this rule to wait for a comment period                Below we summarize our analyses
                                             the Tough Cup event on these navigable
                                                                                                     to run would be impracticable because                 based on a number of these statutes and
                                             waters in Chicago, IL, on September 24,
                                                                                                     it would inhibit the ability to protect the           Executive orders, and we discuss First
                                             2016. This regulation prohibits persons
                                                                                                     public and vessels from the hazards                   Amendment rights of protestors.
                                             and vessels from being in the safety
                                                                                                     associated with a race involving
                                             zone unless authorized by the Captain                                                                         A. Regulatory Planning and Review
                                                                                                     personal watercraft to take place on
                                             of the Port Lake Michigan or a
                                                                                                     September 24, 2016.                                      Executive Orders 12866 and 13563
                                             designated representative.
                                                                                                     III. Legal Authority and Need for Rule                direct agencies to assess the costs and
                                             DATES: This rule is effective from 6:30
                                                                                                                                                           benefits of available regulatory
                                             a.m. to 1 p.m. on September 24, 2016.                      The Coast Guard is issuing this rule               alternatives and, if regulation is
                                             ADDRESSES: To view documents                            under authority in 33 U.S.C. 1231. The                necessary, to select regulatory
                                             mentioned in this preamble as being                     Captain of the Port Lake Michigan                     approaches that maximize net benefits.
                                             available in the docket, go to http://                  (COTP) has determined that the                        Executive Order 13563 emphasizes the
                                             www.regulations.gov, type USCG–2016–                    potential hazards associated with                     importance of quantifying both costs
rmajette on DSK2TPTVN1PROD with RULES




                                             0451 in the ‘‘SEARCH’’ box and click                    vessels transiting through a narrow and               and benefits, of reducing costs, of
                                             ‘‘SEARCH.’’ Click on Open Docket                        congested section of the river during the             harmonizing rules, and of promoting
                                             Folder on the line associated with this                 Tough Cup event will pose concerns for                flexibility. This rule has not been
                                             rule.                                                   all vessels navigating in the area. The               designated a ‘‘significant regulatory
                                             FOR FURTHER INFORMATION CONTACT: If                     purpose of this rule is to ensure the                 action,’’ under Executive Order 12866.
                                             you have questions on this rule, call or                safety of spectators, vessels participating           Accordingly, it has not been reviewed


                                        VerDate Sep<11>2014   15:10 Sep 22, 2016   Jkt 238001   PO 00000   Frm 00019   Fmt 4700   Sfmt 4700   E:\FR\FM\23SER1.SGM   23SER1


                                             65550            Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations

                                             by the Office of Management and                         annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                             Budget.                                                 responsiveness to small business. If you              U.S.C. 4321–4370f), and have
                                               We conclude that this rule is not a                   wish to comment on actions by                         determined that this action is one of a
                                             significant regulatory action because we                employees of the Coast Guard, call 1–                 category of actions that do not
                                             anticipate that it will have minimal                    888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                             impact on the economy, will not                         Coast Guard will not retaliate against                significant effect on the human
                                             interfere with other agencies, will not                 small entities that question or complain              environment. This rule involves a safety
                                             adversely alter the budget of any grant                 about this rule or any policy or action               zone lasting six and a half hours that
                                             or loan recipients, and will not raise any              of the Coast Guard.                                   will prohibit entry within a section of
                                             novel legal or policy issues. The safety                                                                      the South Branch of the Chicago River
                                             zone created by this rule will be                       C. Collection of Information
                                                                                                                                                           and the Chicago Sanitary and Ship
                                             relatively small and enforced for a short                 This rule will not call for a new                   Canal. It is categorically excluded from
                                             duration on the one day this rule will                  collection of information under the                   further review under paragraph 34g of
                                             be in effect to ensure safety of spectators             Paperwork Reduction Act of 1995 (44                   Figure 2–1 of the Commandant
                                             and participants at this scheduled event.               U.S.C. 3501–3520).                                    Instruction. An environmental analysis
                                             Moreover, the Coast Guard will issue a                                                                        checklist supporting this determination
                                                                                                     D. Federalism and Indian Tribal
                                             Broadcast Notice to Mariners via VHF–                                                                         and a Categorical Exclusion
                                             FM marine channel 16 about the safety                   Governments
                                                                                                                                                           Determination are available in the
                                             zone, a notification in the Local Notice                   A rule has implications for federalism             docket where indicated under
                                             to Mariners publication, and the rule                   under Executive Order 13132,                          ADDRESSES. We seek any comments or
                                             would allow vessels to seek permission                  Federalism, if it has a substantial direct            information that may lead to the
                                             to enter the zone.                                      effect on the States, on the relationship             discovery of a significant environmental
                                                                                                     between the national government and                   impact from this rule.
                                             B. Impact on Small Entities                             the States, or on the distribution of
                                                The Regulatory Flexibility Act of                    power and responsibilities among the                  G. Protest Activities
                                             1980, 5 U.S.C. 601–612, as amended,                     various levels of government. We have                   The Coast Guard respects the First
                                             requires Federal agencies to consider                   analyzed this rule under that Order and               Amendment rights of protesters.
                                             the potential impact of regulations on                  have determined that it is consistent                 Protesters are asked to contact the
                                             small entities during rulemaking. The                   with the fundamental federalism                       person listed in the FOR FURTHER
                                             term ‘‘small entities’’ comprises small                 principles and preemption requirements                INFORMATION CONTACT section to
                                             businesses, not-for-profit organizations                described in Executive Order13132.                    coordinate protest activities so that your
                                             that are independently owned and                           Also, this rule does not have tribal               message can be received without
                                             operated and are not dominant in their                  implications under Executive Order                    jeopardizing the safety or security of
                                             fields, and governmental jurisdictions                  13175, Consultation and Coordination                  people, places or vessels.
                                             with populations of less than 50,000.                   with Indian Tribal Governments,
                                             The Coast Guard received zero                           because it does not have a substantial                List of Subjects in 33 CFR Part 165
                                             comments from the Small Business                        direct effect on one or more Indian                     Harbors, Marine safety, Navigation
                                             Administration on this rulemaking. The                  tribes, on the relationship between the               (water), Reporting and record keeping
                                             Coast Guard certifies under 5 U.S.C.                    Federal Government and Indian tribes,                 requirements, Security measures,
                                             605(b) that this rule will not have a                   or on the distribution of power and                   Waterways.
                                             significant economic impact on a                        responsibilities between the Federal                    For the reasons discussed in the
                                             substantial number of small entities.                   Government and Indian tribes. If you                  preamble, the Coast Guard amends 33
                                                While some owners or operators of                    believe this rule has implications for                CFR part 165 as follows:
                                             vessels intending to transit the safety                 federalism or Indian tribes, please
                                             zone may be small entities, for the                     contact the person listed in the FOR                  PART 165—REGULATED NAVIGATION
                                             reasons stated in section V.A above, this               FURTHER INFORMATION CONTACT section.                  AREAS AND LIMITED ACCESS AREAS
                                             rule will not have a significant
                                             economic impact on any vessel owner                     E. Unfunded Mandates Reform Act                       ■ 1. The authority citation for part 165
                                             or operator. Under section 213(a) of the                  The Unfunded Mandates Reform Act                    continues to read as follows:
                                             Small Business Regulatory Enforcement                   of 1995 (2 U.S.C. 1531–1538) requires                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             we want to assist small entities in                     their discretionary regulatory actions. In            Department of Homeland Security Delegation
                                             understanding this rule. If the rule                    particular, the Act addresses actions                 No. 0170.1.
                                             would affect your small business,                       that may result in the expenditure by a               ■ 2. Add § 165.T09–0451 to read as
                                             organization, or governmental                           State, local, or tribal government, in the            follows:
                                             jurisdiction and you have questions                     aggregate, or by the private sector of
                                             concerning its provisions or options for                $100,000,000 (adjusted for inflation) or              § 165.T09–0451 Safety Zone; South Branch
                                             compliance, please contact the person                   more in any one year. Though this rule                of the Chicago River and Chicago Sanitary
                                             listed in the FOR FURTHER INFORMATION                   will not result in such an expenditure,               and Ship Canal, Chicago, IL.
                                             CONTACT section.                                        we do discuss the effects of this rule                  (a) Location. All waters of the South
                                                Small businesses may send comments                   elsewhere in this preamble.                           Branch of the Chicago River and the
                                             on the actions of Federal employees                                                                           Chicago Sanitary and Ship Canal
                                             who enforce, or otherwise determine                     F. Environment
rmajette on DSK2TPTVN1PROD with RULES




                                                                                                                                                           between the Illinois Northern Bridge
                                             compliance with, Federal regulations to                   We have analyzed this rule under                    and the Loomis Street Highway Bridge.
                                             the Small Business and Agriculture                      Department of Homeland Security                         (b) Effective and enforcement period.
                                             Regulatory Enforcement Ombudsman                        Management Directive 023–01 and                       This rule will be effective from 6:30 a.m.
                                             and the Regional Small Business                         Commandant Instruction M16475.lD,                     to 1:00 p.m. on September 24, 2016 and
                                             Regulatory Fairness Boards. The                         which guide the Coast Guard in                        will be enforced from 6:30 a.m. to 1:00
                                             Ombudsman evaluates these actions                       complying with the National                           p.m. on September 24, 2016.


                                        VerDate Sep<11>2014   15:10 Sep 22, 2016   Jkt 238001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\23SER1.SGM   23SER1


                                                              Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations                                        65551

                                                (c) Regulations. (1) In accordance with              fraudulent statements in any VA                       quantifying both costs and benefits,
                                             the general regulations in § 165.23 of                  program.                                              reducing costs, harmonizing rules, and
                                             this part, entry into, transiting, or                   DATES: Effective Date: Effective                      promoting flexibility. Executive Order
                                             anchoring within this safety zone is                    September 23, 2016, the interim final                 12866 (Regulatory Planning and
                                             prohibited unless authorized by the                     rule published June 22, 2016 (81 FR                   Review) defines a ‘‘significant
                                             Captain of the Port Lake Michigan or a                  40523) is adopted as final.                           regulatory action,’’ which requires
                                             designated on-scene representative.                                                                           review by OMB, as ‘‘any regulatory
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                                (2) This safety zone is closed to all                                                                      action that is likely to result in a rule
                                                                                                     Jeffrey Martin, Program Manager, Office
                                             vessel traffic, except as may be                                                                              that may: (1) Have an annual effect on
                                                                                                     of Regulation and Policy Management,
                                             permitted by the Captain of the Port                                                                          the economy of $100 million or more or
                                                                                                     Department of Veterans Affairs, 810
                                             Lake Michigan or a designated on-scene                                                                        adversely affect in a material way the
                                                                                                     Vermont Avenue NW., Washington, DC                    economy, a sector of the economy,
                                             representative.
                                                                                                     20420, (202) 461–4918.                                productivity, competition, jobs, the
                                                (3) The ‘‘on-scene representative’’ of
                                                                                                     SUPPLEMENTARY INFORMATION: On June                    environment, public health or safety, or
                                             the Captain of the Port Lake Michigan
                                             is any Coast Guard commissioned,                        22, 2016, VA published in the Federal                 State, local, or tribal governments or
                                             warrant or petty officer who has been                   Register an interim final rule adjusting              communities; (2) Create a serious
                                             designated by the Captain of the Port                   the amounts of civil monetary penalties               inconsistency or otherwise interfere
                                             Lake Michigan to act on his or her                      that VA may assess against participants               with an action taken or planned by
                                             behalf.                                                 who make certain false certifications or              another agency; (3) Materially alter the
                                                (4) Vessel operators desiring to enter               who engage in fraudulent activity. See                budgetary impact of entitlements,
                                             or operate within the safety zone shall                 81 FR 40523. The interim final rule                   grants, user fees, or loan programs or the
                                             contact the Captain of the Port Lake                    increased maximum civil monetary                      rights and obligations of recipients
                                             Michigan or an on-scene representative                  penalties from $10,000 to $21,563 for                 thereof; or (4) Raise novel legal or policy
                                             to obtain permission to do so. The                      false loan guaranty certifications and                issues arising out of legal mandates, the
                                             Captain of the Port Lake Michigan or an                 from $5,500 to $10,781 for fraudulent                 President’s priorities, or the principles
                                             on-scene representative may be                          claims or fraudulent statements in any                set forth in this Executive Order.’’
                                             contacted via VHF Channel 16. Vessel                    VA program.                                              The economic, interagency,
                                                                                                        VA published the interim final rule to             budgetary, legal, and policy
                                             operators given permission to enter or
                                                                                                     implement the Federal Civil Penalties                 implications of this regulatory action
                                             operate in the safety zone must comply
                                                                                                     Inflation Adjustment Act Improvements                 have been examined, and it has been
                                             with all directions given to them by the
                                                                                                     Act of 2015 (the 2015 Act) (Sec. 701 of               determined that it is not a significant
                                             Captain of the Port Lake Michigan, or an
                                                                                                     Pub. L. 114–74), which amended the                    regulatory action under Executive Order
                                             on-scene representative.
                                                                                                     Federal Civil Penalties Inflation                     12866.
                                               Dated: September 19, 2016.                            Adjustment Act of 1990 (the Inflation
                                             A.B. Cocanour,                                          Adjustment Act) (Pub. L. 101–410), to                 Unfunded Mandates
                                             Captain, U.S. Coast Guard, Captain of the               improve the effectiveness of civil                       The Unfunded Mandates Reform Act
                                             Port Lake Michigan.                                     monetary penalties and to maintain                    of 1995 requires, at 2 U.S.C. 1532, that
                                             [FR Doc. 2016–22919 Filed 9–22–16; 8:45 am]             their deterrent effect. In calculating the            agencies prepare an assessment of
                                             BILLING CODE 9110–04–P                                  adjusted amounts, VA relied on                        anticipated costs and benefits before
                                                                                                     guidance from The Executive Office of                 issuing any rule that may result in
                                                                                                     the President Office of Management and                expenditure by State, local, and tribal
                                             DEPARTMENT OF VETERANS                                  Budget (OMB), published on February                   governments, in the aggregate, or by the
                                             AFFAIRS                                                 24, 2016, advising the heads of federal               private sector, of $100 million or more
                                                                                                     agencies how to implement the 2015                    (adjusted annually for inflation) in any
                                             38 CFR Parts 36 and 42                                  Act. See https://www.whitehouse.gov/                  one year. This interim final rule will
                                             RIN 2900–AP78
                                                                                                     sites/default/files/omb/memoranda/                    have no such effect on State, local, and
                                                                                                     2016/m-16-06.pdf.                                     tribal governments, or on the private
                                             Federal Civil Penalties Adjustment Act                     VA received one comment in                         sector.
                                             Amendments                                              response to the interim final rule. The
                                                                                                     comment was a photograph that was not                 Paperwork Reduction Act
                                             AGENCY:  Department of Veterans Affairs.                relevant to the rulemaking. The                         This interim final rule contains no
                                             ACTION: Final rule.                                     photograph was not posted to                          provisions constituting a collection of
                                                                                                     www.regulations.gov. VA is adopting                   information under the Paperwork
                                             SUMMARY:   The Federal Civil Monetary                   the interim final rule without change.                Reduction Act of 1995 (44 U.S.C. 3501–
                                             Penalties Act of 1990, as amended by                                                                          3521).
                                             the Federal Civil Penalties Inflation                   Executive Orders 12866 and 13563
                                             Adjustment Act Improvements Act of                         Executive Orders 12866 and 13563                   Regulatory Flexibility Act
                                             2015, sets forth a formula increasing the               direct agencies to assess the costs and                  The Secretary hereby certifies that
                                             maximum statutory amounts for civil                     benefits of available regulatory                      this final rule will not have a significant
                                             monetary penalties and requires federal                 alternatives and, when regulation is                  economic impact on a substantial
                                             agencies to give notice of the new                      necessary, to select regulatory                       number of small entities as they are
                                             maximum amounts by regulation. This                     approaches that maximize net benefits                 defined in the Regulatory Flexibility
                                             final rule of the Department of Veterans                (including potential economic,                        Act, 5 U.S.C. 601–612. Accordingly, no
rmajette on DSK2TPTVN1PROD with RULES




                                             Affairs (VA) adopts without change                      environmental, public health and safety               proposed rulemaking was required in
                                             VA’s interim final rule, which increased                effects, and other advantages;                        connection with the adoption of this
                                             maximum civil monetary penalties from                   distributive impacts; and equity).                    final rule. Pursuant to 5 U.S.C. 605(b),
                                             $10,000 to $21,563 for false loan                       Executive Order 13563 (Improving                      this final rule is exempt from the initial
                                             guaranty certifications and from $5,500                 Regulation and Regulatory Review)                     and final regulatory flexibility analyses
                                             to $10,781 for fraudulent claims or                     emphasizes the importance of                          requirements of sections 603 and 604.


                                        VerDate Sep<11>2014   15:10 Sep 22, 2016   Jkt 238001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\23SER1.SGM   23SER1



Document Created: 2016-09-23 01:43:51
Document Modified: 2016-09-23 01:43:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary Final Rule.
DatesThis rule is effective from 6:30 a.m. to 1 p.m. on September 24, 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 Citation81 FR 65549 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR