81_FR_66718 81 FR 66530 - Safety Zone; Main Branch of the Chicago River, Chicago, IL

81 FR 66530 - Safety Zone; Main Branch of the Chicago River, Chicago, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 188 (September 28, 2016)

Page Range66530-66532
FR Document2016-23318

The Coast Guard is establishing a temporary safety zone on the Main Branch of the Chicago River, Chicago, IL. This action is necessary and intended to ensure safety of life on the navigable waters of the United States immediately prior to, during, and after the filming of a motion picture from a low flying helicopter. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Lake Michigan.

Federal Register, Volume 81 Issue 188 (Wednesday, September 28, 2016)
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Rules and Regulations]
[Pages 66530-66532]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23318]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0883]
RIN 1625-AA00


Safety Zone; Main Branch of the Chicago River, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Main Branch of the Chicago River, Chicago, IL. This action is necessary 
and intended to ensure safety of life on the navigable waters of the 
United States immediately prior to, during, and after the filming of a 
motion picture from a low flying helicopter. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Lake Michigan.

[[Page 66531]]


DATES: This rule will be effective from 6 p.m. on October 1, 2016 to 11 
p.m. on October 2, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0883 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 about 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

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
final details for this event were not known to the Coast Guard until 
there was insufficient time remaining before the event to publish a 
NPRM. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable because it would inhibit 
the Coast Guard's ability to protect the public and vessels from the 
hazards associated with the filming from a low flying helicopter on 
October 1, 2016, or an alternate date of October 2, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this temporary rule 
effective less than 30 days after publication in the Federal Register. 
For the same reasons discussed in the preceding paragraph, waiting for 
a 30 day notice period to run would be impracticable.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    On October 1, 2016 or an alternate date of October 2, 2016, filming 
from a low flying helicopter will take place on the Main Branch of the 
Chicago River between the Franklin-Orleans Street Highway Bridge and 
the Michigan Avenue Highway Bridge in Chicago, IL. The Captain of the 
Port Lake Michigan has determined that the filming from a low flying 
helicopter will pose a significant risk to public safety and property. 
Such hazards include rotor turbulence, strong gusts of air, and close 
proximity of any vessel on the Chicago River.

IV. Discussion of the Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Lake Michigan has determined that this temporary safety zone is 
necessary to ensure the safety of the public during the filming from a 
low flying helicopter on the Main Branch of the Chicago River. This 
safety zone will be enforced intermittently from 6 p.m. to 11 p.m. on 
October 1, 2016, or an alternate date of October 2, 2016. This zone 
will encompass all waters of the Main Branch of the Chicago River 
between the Franklin-Orleans Street Highway Bridge and the Michigan 
Avenue Highway Bridge in Chicago, IL.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Lake Michigan, 
or a designated on-scene representative. The Captain of the Port or a 
designated on-scene representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders 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 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 intermittently on October 1, 2016, or an 
alternate date of October 2, 2016 from 6 p.m. to 11 p.m. Under certain 
conditions, moreover, vessels may still transit through the safety zone 
when permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on small entities. This 
rule will affect the following entities, some of which might be small 
entities: The owners or operators of vessels intending to transit on a 
portion of the Main Branch of the Chicago River on October 1, 2016, or 
an alternate date of October 2, 2016 from 6 p.m. to 11 p.m.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of the zone, we will issue local Broadcast Notice to 
Mariners and Public Notice of Safety Zone so vessel owners and 
operators can plan accordingly.
    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

[[Page 66532]]

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 order 
13132.
    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 above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves the establishment of a safety zone for filming from a low 
flying helicopter on the Main Branch of the Chicago River in Chicago, 
IL. It is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T09-0883 to read as follows:


Sec.  165.T09-0883  Safety Zone; Main Branch of the Chicago River, 
Chicago, IL.

    (a) Location. All waters of the Main Branch of the Chicago River 
between the Franklin-Orleans Street Highway Bridge and the Michigan 
Avenue Highway Bridge.
    (b) Enforcement Period. This rule will be enforced intermittently 
on October 1, 2016 from 6 p.m. to 11 p.m. or an alternate date of 
October 2, 2016 from 6 p.m. to 11 p.m.
    (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 21, 2016.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2016-23318 Filed 9-27-16; 8:45 am]
 BILLING CODE 9110-04-P



                                              66530         Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Rules and Regulations

                                              percent cap on administrative expenses                   III. Procedural Requirements                           For the reasons set forth herein, the
                                              will be applied. Specifically, Treasury                                                                       Department of the Treasury amends 31
                                              understands that the Council                             A. Regulatory Flexibility Act                        CFR part 34 to read as follows:
                                              anticipated its annual administrative                      Because no notice of proposed
                                              expenses would remain relatively                                                                              PART 34—RESOURCES AND
                                                                                                       rulemaking is required, the provisions
                                              constant, while the amount of funds                                                                           ECOSYSTEMS SUSTAINABILITY,
                                                                                                       of the Regulatory Flexibility Act (5
                                              received and transferred by the Council                                                                       TOURIST OPPORTUNITIES, AND
                                                                                                       U.S.C. 601 et seq.) do not apply.
                                              for projects undertaken by its members                                                                        REVIVED ECONOMIES OF THE GULF
                                              may vary considerably from one year to                   B. Regulatory Planning and Review                    COAST STATES
                                              the next, depending on the Council’s                     (Executive Orders 12866 and 13563)
                                                                                                                                                            ■ 1. The authority citation for part 34
                                              funded priorities list. The Council also
                                                                                                         The amendment to the regulation is a               continues to read as follows:
                                              anticipated that its members would seek
                                              to fund large-scale projects under the                   significant regulatory action as defined               Authority: 31 U.S.C. 301; 31 U.S.C. 321; 33
                                              Comprehensive Plan Component, but                        in Executive Order 12866, as                         U.S.C. 1251 et seq.
                                              anticipated that such large-scale projects               supplemented by Executive Order                      ■ 2. Revise paragraph (b) of § 34.204 to
                                              would occur in later years after                         13563. Accordingly, it has been                      read as follows:
                                              sufficient civil penalties had been                      reviewed by the Office of Management
                                              deposited into the trust fund. Treasury                  and Budget.                                          § 34.204 Limitations on administrative
                                                                                                                                                            costs and administrative expenses.
                                              supports the Council’s goal of restoring                 C. Administrative Procedure Act
                                              and protecting the Gulf Coast region                                                                          *      *    *     *    *
                                              under the Comprehensive Plan                                The Administrative Procedure Act (5                  (b) Of the amounts received by the
                                              Component, and is amending section                       U.S.C. 551 et seq.) (APA) provides that              Council under the Comprehensive Plan
                                              34.204(b), with a 45 day comment                         agencies issue regulations with prior                Component, not more than three percent
                                              period.                                                  notice and an opportunity for public                 may be used for administrative
                                                                                                       comment and that rules should become                 expenses. The three percent limit is
                                              II. This Interim Rule                                    effective 30 days after publication in the           applied to the amounts it receives under
                                                 For the reasons described above,                      Federal Register. See 5 U.S.C. 553. The              the Comprehensive Plan Component
                                              Treasury is amending when the                            APA, however, allows agencies to                     before termination of the Trust Fund.
                                              statutory three percent cap on                           dispense with these procedures when                  Amounts used for administrative
                                              administrative expenses is applied to                    the agency finds that good cause exists.             expenses may not at any time exceed
                                              the Council under 31 CFR 34.204(b).                      In this case, Treasury finds that good               three percent of the total of the amounts
                                              This Interim Final Rule provides that                    cause exists to dispense with prior                  received by the Council and the
                                              the Council’s three percent limit applies                notice and comment procedures and                    amounts in the Trust Fund that are
                                              to the total amount the Council will                     make this rule immediately effective. As             allocated to, but not yet received by, the
                                              receive under the Comprehensive Plan                     discussed earlier in the preamble, the               Council under § 34.103.
                                              Component and ensures that the                           revision in this Interim Final Rule                  David A. Lebryk,
                                              Council will not exceed the statutory                    amends when the Council calculates the               Fiscal Assistant Secretary.
                                              three percent cap before the termination                 statutorily required three percent                   [FR Doc. 2016–23348 Filed 9–27–16; 8:45 am]
                                              of the trust fund. Specifically, the                     administrative expense limitation, and
                                                                                                                                                            BILLING CODE 4810–25–P
                                              Interim Final Rule provides that                         does not impose any new obligations on
                                              amounts used by the Council for                          the Act’s eligible recipients. While
                                              administrative expenses may not at any                   Treasury had previously indicated it
                                              time exceed three percent of the total of                would issue a proposed rule, Treasury                DEPARTMENT OF HOMELAND
                                              the amounts received by the Council                      has determined that the revision will                SECURITY
                                              from the trust fund and the amounts in                   have minimal, and more than likely no,               Coast Guard
                                              the trust fund that are allocated to, but                effect on the Act’s eligible recipients.
                                              not yet received by, the Council.                        Nor does the Interim Final Rule impact               33 CFR Part 165
                                              Treasury believes that this Interim Final                the receipt and deposit into the trust
                                              Rule balances the Council’s need for                     fund of the civil penalties which are                [Docket Number USCG–2016–0883]
                                              greater flexibility with compliance with                 generally fixed by consent decree.                   RIN 1625–AA00
                                              the statutory limitation. The Interim                    Finally, the revision will help ensure
                                              Final Rule amends only section                           that the Council can continue to                     Safety Zone; Main Branch of the
                                              34.204(b) pertaining to when the three                   function effectively by supporting                   Chicago River, Chicago, IL
                                              percent cap on administrative expenses                   predictable, long term financial
                                                                                                                                                            AGENCY:    Coast Guard, DHS.
                                              is measured. It does not amend the                       planning and operations. As a result,
                                              definition of ‘‘administrative expenses’’                Treasury has determined that prior                   ACTION:   Temporary final rule.
                                              found at section 34.2. Nor does it amend                 notice and comment and a delayed                     SUMMARY:   The Coast Guard is
                                              section 34.204(a) regarding limitations                  effective date are unnecessary and that              establishing a temporary safety zone on
                                              on administrative costs associated with                  good cause exists to make this Interim               the Main Branch of the Chicago River,
                                              grants from the Council under the                        Final Rule effective immediately.                    Chicago, IL. This action is necessary and
                                              Comprehensive Plan Component.3                                                                                intended to ensure safety of life on the
                                                                                                       List of Subjects in 31 CFR Part 34
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                                                 Treasury requests public comment on                                                                        navigable waters of the United States
                                              the amendment to section 34.204(b).                        Coastal zone, Fisheries, Grant                     immediately prior to, during, and after
                                                                                                       programs, Grants administration,                     the filming of a motion picture from a
                                                 3 The final regulations define the term
                                                                                                       Intergovernmental relations, Marine                  low flying helicopter. Entry of vessels or
                                              ‘‘administrative expenses.’’ 31 CFR 34.2. Note that
                                              the final regulations distinguish ‘‘administrative
                                                                                                       resources, Natural resources, Oil                    persons into this zone is prohibited
                                              expenses’’ from ‘‘administrative costs,’’ also defined   pollution, Research, Science and                     unless specifically authorized by the
                                              in 31 CFR 34.2.                                          technology, Trusts, Wildlife.                        Captain of the Port Lake Michigan.


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                                                           Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Rules and Regulations                                        66531

                                              DATES: This rule will be effective from                 III. Legal Authority and Need for Rule                designated a ‘‘significant regulatory
                                              6 p.m. on October 1, 2016 to 11 p.m. on                    The legal basis for the rule is the                action,’’ under Executive order 12866.
                                              October 2, 2016.                                        Coast Guard’s authority to establish                  Accordingly, it has not been reviewed
                                              ADDRESSES: To view documents                            safety zones: 33 U.S.C. 1231; 33 CFR                  by the Office of Management and
                                              mentioned in this preamble as being                     1.05–1, 160.5; Department of Homeland                 Budget.
                                              available in the docket, go to http://                  Security Delegation No. 0170.1.                          We conclude that this rule is not a
                                              www.regulations.gov, type USCG–2016–                       On October 1, 2016 or an alternate                 significant regulatory action because we
                                              0883 in the ‘‘SEARCH’’ box and click                    date of October 2, 2016, filming from a               anticipate that it will have minimal
                                              ‘‘SEARCH.’’ Click on Open Docket                        low flying helicopter will take place on              impact on the economy, will not
                                              Folder on the line associated with this                 the Main Branch of the Chicago River                  interfere with other agencies, will not
                                              rule.                                                   between the Franklin-Orleans Street                   adversely alter the budget of any grant
                                                                                                      Highway Bridge and the Michigan                       or loan recipients, and will not raise any
                                              FOR FURTHER INFORMATION CONTACT: If                                                                           novel legal or policy issues. The safety
                                              you have questions about this rule, call                Avenue Highway Bridge in Chicago, IL.
                                                                                                      The Captain of the Port Lake Michigan                 zone created by this rule will be
                                              or email LT Lindsay Cook, Marine                                                                              relatively small and enforced
                                              Safety Unit Chicago, U.S. Coast Guard;                  has determined that the filming from a
                                                                                                      low flying helicopter will pose a                     intermittently on October 1, 2016, or an
                                              telephone (630) 986–2155, email                                                                               alternate date of October 2, 2016 from 6
                                              Lindsay.N.Cook@uscg.mil.                                significant risk to public safety and
                                                                                                      property. Such hazards include rotor                  p.m. to 11 p.m. Under certain
                                              SUPPLEMENTARY INFORMATION:                              turbulence, strong gusts of air, and close            conditions, moreover, vessels may still
                                                                                                      proximity of any vessel on the Chicago                transit through the safety zone when
                                              I. Table of Abbreviations                                                                                     permitted by the Captain of the Port.
                                                                                                      River.
                                              CFR Code of Federal Regulations
                                              DHS Department of Homeland Security                     IV. Discussion of the Rule                            B. Impact on Small Entities
                                              FR Federal Register                                       With the aforementioned hazards in                     The Regulatory Flexibility Act of
                                              NPRM Notice of proposed rulemaking                                                                            1980, 5 U.S.C. 601–612, as amended,
                                              § Section
                                                                                                      mind, the Captain of the Port Lake
                                                                                                      Michigan has determined that this                     requires Federal agencies to consider
                                              U.S.C. United States Code                                                                                     the potential impact of regulations on
                                                                                                      temporary safety zone is necessary to
                                              II. Background Information and                          ensure the safety of the public during                small entities during rulemaking. The
                                              Regulatory History                                      the filming from a low flying helicopter              term ‘‘small entities’’ comprises small
                                                                                                      on the Main Branch of the Chicago                     businesses, not-for-profit organizations
                                                 The Coast Guard is issuing this                                                                            that are independently owned and
                                              temporary rule without prior notice and                 River. This safety zone will be enforced
                                                                                                      intermittently from 6 p.m. to 11 p.m. on              operated and are not dominant in their
                                              opportunity to comment pursuant to                                                                            fields, and governmental jurisdictions
                                              authority under section 4(a) of the                     October 1, 2016, or an alternate date of
                                                                                                      October 2, 2016. This zone will                       with populations of less than 50,000.
                                              Administrative Procedure Act (APA) (5                                                                         The Coast Guard certifies under 5 U.S.C.
                                              U.S.C. 553(b)). This provision                          encompass all waters of the Main
                                                                                                      Branch of the Chicago River between the               605(b) that this rule will not have a
                                              authorizes an agency to issue a rule                                                                          significant economic impact on a
                                              without prior notice and opportunity to                 Franklin-Orleans Street Highway Bridge
                                                                                                      and the Michigan Avenue Highway                       substantial number of small entities.
                                              comment when the agency for good                                                                                 Under the Regulatory Flexibility Act
                                              cause finds that those procedures are                   Bridge in Chicago, IL.
                                                                                                        Entry into, transiting, or anchoring                (5 U.S.C. 601–612), we have considered
                                              ‘‘impracticable, unnecessary, or contrary                                                                     the impact of this temporary rule on
                                                                                                      within the safety zone is prohibited
                                              to public interest.’’ Under 5 U.S.C.                                                                          small entities. This rule will affect the
                                                                                                      unless authorized by the Captain of the
                                              553(b)(B), the Coast Guard finds that                                                                         following entities, some of which might
                                                                                                      Port Lake Michigan, or a designated on-
                                              good cause exists for not publishing a                                                                        be small entities: The owners or
                                                                                                      scene representative. The Captain of the
                                              notice of proposed rulemaking (NPRM)                                                                          operators of vessels intending to transit
                                                                                                      Port or a designated on-scene
                                              with respect to this rule because doing                                                                       on a portion of the Main Branch of the
                                                                                                      representative may be contacted via
                                              so would be impracticable. The final                                                                          Chicago River on October 1, 2016, or an
                                                                                                      VHF Channel 16.
                                              details for this event were not known to                                                                      alternate date of October 2, 2016 from 6
                                              the Coast Guard until there was                         V. Regulatory Analyses                                p.m. to 11 p.m.
                                              insufficient time remaining before the                    We developed this rule after                           This safety zone will not have a
                                              event to publish a NPRM. Thus,                          considering numerous statutes and                     significant economic impact on a
                                              delaying the effective date of this rule to             Executive orders related to rulemaking.               substantial number of small entities for
                                              wait for a comment period to run would                  Below we summarize our analyses                       the reasons cited in the Regulatory
                                              be impracticable because it would                       based on a number of these statutes and               Planning and Review section.
                                              inhibit the Coast Guard’s ability to                    Executive orders, and we discuss First                Additionally, before the enforcement of
                                              protect the public and vessels from the                 Amendment rights of protestors.                       the zone, we will issue local Broadcast
                                              hazards associated with the filming                                                                           Notice to Mariners and Public Notice of
                                              from a low flying helicopter on October                 A. Regulatory Planning and Review                     Safety Zone so vessel owners and
                                              1, 2016, or an alternate date of October                   Executive orders 12866 and 13563                   operators can plan accordingly.
                                              2, 2016.                                                direct agencies to assess the costs and                  Under section 213(a) of the Small
                                                 We are issuing this rule, and under 5                benefits of available regulatory                      Business Regulatory Enforcement
                                              U.S.C. 553(d)(3), the Coast Guard finds                 alternatives and, if regulation is                    Fairness Act of 1996 (Pub. L. 104–121),
sradovich on DSK3GMQ082PROD with RULES




                                              that good cause exists for making this                  necessary, to select regulatory                       we want to assist small entities in
                                              temporary rule effective less than 30                   approaches that maximize net benefits.                understanding this rule. If the rule
                                              days after publication in the Federal                   Executive order 13563 emphasizes the                  would affect your small business,
                                              Register. For the same reasons                          importance of quantifying both costs                  organization, or governmental
                                              discussed in the preceding paragraph,                   and benefits, of reducing costs, of                   jurisdiction and you have questions
                                              waiting for a 30 day notice period to run               harmonizing rules, and of promoting                   concerning its provisions or options for
                                              would be impracticable.                                 flexibility. This rule has not been                   compliance, please contact the person


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                                              66532        Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Rules and Regulations

                                              listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                § 165.T09–0883 Safety Zone; Main Branch
                                              CONTACT section.                                        will not result in such an expenditure,               of the Chicago River, Chicago, IL.
                                                 Small businesses may send comments                   we do discuss the effects of this rule                   (a) Location. All waters of the Main
                                              on the actions of Federal employees                     elsewhere in this preamble.                           Branch of the Chicago River between the
                                              who enforce, or otherwise determine                                                                           Franklin-Orleans Street Highway Bridge
                                              compliance with, Federal regulations to                 F. Environment                                        and the Michigan Avenue Highway
                                              the Small Business and Agriculture                         We have analyzed this rule under                   Bridge.
                                              Regulatory Enforcement Ombudsman                        Department of Homeland Security                          (b) Enforcement Period. This rule will
                                              and the Regional Small Business                         Management Directive 023–01 and                       be enforced intermittently on October 1,
                                              Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                     2016 from 6 p.m. to 11 p.m. or an
                                              Ombudsman evaluates these actions                       which guide the Coast Guard in                        alternate date of October 2, 2016 from 6
                                              annually and rates each agency’s                        complying with the National                           p.m. to 11 p.m.
                                              responsiveness to small business. If you                Environmental Policy Act of 1969 (42                     (c) Regulations. (1) In accordance with
                                              wish to comment on actions by                           U.S.C. 4321–4370f), and have                          the general regulations in § 165.23 of
                                              employees of the Coast Guard, call 1–                   determined that this action is one of a               this part, entry into, transiting, or
                                              888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                       anchoring within this safety zone is
                                              Coast Guard will not retaliate against                  individually or cumulatively have a                   prohibited unless authorized by the
                                              small entities that question or complain                significant effect on the human                       Captain of the Port Lake Michigan or a
                                              about this rule or any policy or action                 environment. This rule involves the                   designated on-scene representative.
                                              of the Coast Guard.                                     establishment of a safety zone for                       (2) This safety zone is closed to all
                                              C. Collection of Information                            filming from a low flying helicopter on               vessel traffic, except as may be
                                                                                                      the Main Branch of the Chicago River in               permitted by the Captain of the Port
                                                This rule will not call for a new                                                                           Lake Michigan or a designated on-scene
                                              collection of information under the                     Chicago, IL. It is categorically excluded
                                                                                                      from further review under paragraph                   representative.
                                              Paperwork Reduction Act of 1995 (44                                                                              (3) The ‘‘on-scene representative’’ of
                                              U.S.C. 3501–3520).                                      34(g) of Figure 2–1 of the Commandant
                                                                                                      Instruction. An environmental analysis                the Captain of the Port Lake Michigan
                                              D. Federalism and Indian Tribal                         checklist supporting this determination               is any Coast Guard commissioned,
                                              Governments                                             and a Categorical Exclusion                           warrant or petty officer who has been
                                                                                                      Determination are available in the                    designated by the Captain of the Port
                                                 A rule has implications for federalism
                                                                                                      docket where indicated under                          Lake Michigan to act on his or her
                                              under Executive order 13132,
                                                                                                      ADDRESSES. We seek any comments or                    behalf.
                                              Federalism, if it has a substantial direct
                                                                                                      information that may lead to the                         (4) Vessel operators desiring to enter
                                              effect on the States, on the relationship
                                                                                                      discovery of a significant environmental              or operate within the safety zone shall
                                              between the national government and
                                                                                                      impact from this rule.                                contact the Captain of the Port Lake
                                              the States, or on the distribution of
                                                                                                                                                            Michigan or an on-scene representative
                                              power and responsibilities among the                    G. Protest Activities                                 to obtain permission to do so. The
                                              various levels of government. We have
                                                                                                                                                            Captain of the Port Lake Michigan or an
                                              analyzed this rule under that Order and                   The Coast Guard respects the First                  on-scene representative may be
                                              have determined that it is consistent                   Amendment rights of protesters.                       contacted via VHF Channel 16. Vessel
                                              with the fundamental federalism                         Protesters are asked to contact the                   operators given permission to enter or
                                              principles and preemption requirements                  person listed in the FOR FURTHER                      operate in the safety zone must comply
                                              described in Executive order 13132.                     INFORMATION CONTACT section to
                                                 Also, this rule does not have tribal                                                                       with all directions given to them by the
                                                                                                      coordinate protest activities so that your            Captain of the Port Lake Michigan, or an
                                              implications under Executive order                      message can be received without
                                              13175, Consultation and Coordination                                                                          on-scene representative.
                                                                                                      jeopardizing the safety or security of
                                              with Indian Tribal Governments,                         people, places or vessels.                              Dated: September 21, 2016.
                                              because it does not have a substantial                                                                        A.B. Cocanour,
                                              direct effect on one or more Indian                     List of Subjects in 33 CFR Part 165                   Captain, U.S. Coast Guard, Captain of the
                                              tribes, on the relationship between the                                                                       Port, Lake Michigan.
                                                                                                        Harbors, Marine safety, Navigation
                                              Federal Government and Indian tribes,                                                                         [FR Doc. 2016–23318 Filed 9–27–16; 8:45 am]
                                                                                                      (water), Reporting and recordkeeping
                                              or on the distribution of power and                                                                           BILLING CODE 9110–04–P
                                                                                                      requirements, Security measures,
                                              responsibilities between the Federal
                                                                                                      Waterways.
                                              Government and Indian tribes. If you
                                              believe this rule has implications for                    For the reasons discussed in the                    ENVIRONMENTAL PROTECTION
                                              federalism or Indian tribes, please                     preamble, the Coast Guard amends 33                   AGENCY
                                              contact the person listed in the FOR                    CFR part 165 as follows:
                                              FURTHER INFORMATION CONTACT section                                                                           40 CFR Part 52
                                              above.                                                  PART 165—REGULATED NAVIGATION
                                                                                                      AREAS AND LIMITED ACCESS AREAS                        [EPA–R06–OAR–2014–0221; FRL–9951–54–
                                              E. Unfunded Mandates Reform Act                                                                               Region 6]
                                                The Unfunded Mandates Reform Act                      ■ 1. The authority citation for part 165
                                              of 1995 (2 U.S.C. 1531–1538) requires                                                                         Approval and Promulgation of
                                                                                                      continues to read as follows:
sradovich on DSK3GMQ082PROD with RULES




                                              Federal agencies to assess the effects of                                                                     Implementation Plans; Oklahoma;
                                                                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Revisions to Major New Source Review
                                              their discretionary regulatory actions. In
                                                                                                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Permitting
                                              particular, the Act addresses actions
                                                                                                      Department of Homeland Security Delegation
                                              that may result in the expenditure by a                                                                       AGENCY:  Environmental Protection
                                                                                                      No. 0170.1.
                                              State, local, or tribal government, in the                                                                    Agency (EPA).
                                              aggregate, or by the private sector of                  ■ 2. Add § 165.T09–0883 to read as
                                                                                                                                                            ACTION: Final rule.
                                              $100,000,000 (adjusted for inflation) or                follows:


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Document Created: 2016-09-28 01:08:17
Document Modified: 2016-09-28 01:08:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule will be effective from 6 p.m. on October 1, 2016 to 11 p.m. on October 2, 2016.
ContactIf you have questions about 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 66530 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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