82_FR_19411 82 FR 19331 - Safety Zone; South Branch of the Chicago River and Chicago Sanitary and Ship Canal, Chicago, IL, Tough Cup

82 FR 19331 - Safety Zone; South Branch of the Chicago River and Chicago Sanitary and Ship Canal, Chicago, IL, Tough Cup

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 80 (April 27, 2017)

Page Range19331-19333
FR Document2017-08482

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

Federal Register, Volume 82 Issue 80 (Thursday, April 27, 2017)
[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)]
[Proposed Rules]
[Pages 19331-19333]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08482]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0197]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

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

DATES: Comments and related material must be received by the Coast 
Guard on or before May 30, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0197 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On November 16, 2016, the Coast Guard received an Application for 
Marine Event for the Tough Cup event to be held on the South Branch of 
the Chicago River and the Chicago Sanitary and Ship Canal between the 
South Pulaski Road Bridge and the South Halsted Street Bridge. This 
event involves high performance rowing shells and sculls that range in 
size from 27 feet to 65 feet in length and oars out to 25 feet in width 
to race on a course along the South Branch of the Chicago River and the 
Chicago Sanitary and Ship Canal. The Captain of the Port Lake Michigan 
has determined that the potential hazards associated with this event 
would be a safety concern for participants as well as recreational and 
commercial traffic in or around the course where the event will take 
place.
    This purpose of the rulemaking is to ensure the safety of vessels, 
persons and the navigable waters immediately before, during, and 
immediately after the scheduled event. The specific hazards include 
collisions among event participants, recreational traffic, and 
commercial traffic that may cause injury or marine casualties. The 
legal basis for this proposed rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    The Captain of the Port Lake Michigan proposes to establish a 
safety zone on all waters of the South Branch of the Chicago River and 
the Chicago Sanitary and Ship Canal between the South Pulaski Road 
Bridge and the South Halsted Street Bridge. This safety zone will be 
enforced from 7:00 a.m. to 2:00 p.m. on September 30, 2017. The safety 
zone enforcement times are intended to ensure the safety of persons and 
vessels immediately before, during and immediately after the event.
    The Captain of the Port Lake Michigan has determined that the 
safety zone in this proposed rule is necessary to ensure the safety of 
vessels and people during this event. The safety zone in this proposed 
rule will be enforced for seven hours on September 30, 2017.
    The Captain of the Port Lake Michigan will notify the public that 
the zone in this proposal will be enforced by all appropriate means to 
the affected segments of the public, including publication in the 
Federal Register, as practicable, in accordance with 33 CFR

[[Page 19332]]

165.7(a). Such means of notification will include, but are not limited 
to, Broadcast Notice to Mariners or Local Notice to Mariners.
    All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port Lake Michigan or his or her designated 
representative. Entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port or his 
or her designated representative. The Captain of the Port or his or her 
designated representative may be contacted via VHF Channel 16.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it. As this rule is not a significant regulatory action, 
this rule is exempt from the requirements of Executive Order 13771. See 
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of 
the Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017). A regulatory 
analysis (RA) follows.
    We conclude that this proposed rule is not a significant regulatory 
action because we anticipate that it will have minimal impact on the 
economy, will not interfere with other agencies, will not adversely 
alter the budget of any grant or loan recipients, and will not raise 
any novel legal or policy issues. The safety zone created by this rule 
will be relatively small and enforced for a short duration on the one 
day this rule will be in effect to ensure safety of spectators and 
participants at this scheduled event. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the safety zone, and the rule would allow vessels to seek permission to 
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule

[[Page 19333]]

involves amendments to navigation regulations and establishment of a 
safety zone. Normally such actions are categorically excluded from 
further review under section 2.B.2, and figure 2-1, paragraph 34(g) of 
the Instruction. A preliminary Record of Environmental Consideration 
(REC) supporting this determination is available in the docket where 
indicated under the ADDRESSES section of this preamble. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T09-0197 to read as follows:


Sec.  165. T09-0197  Safety Zone; South Branch of the Chicago River and 
the Chicago Sanitary and Ship Canal, Chicago, IL, Tough Cup.

    (a) Location. All waters of the South Branch of the Chicago River 
and the Chicago Sanitary and Ship Canal between the South Pulaski Road 
Bridge and the South Halsted Street Bridge are designated as a safety 
zone.
    (b) Effective and Enforcement Period. This rule will be effective 
from 7:00 a.m. to 2:00 p.m. on September 30, 2017 and will be enforced 
from 7:00 a.m. to 2:00 p.m. on September 30, 2017.
    (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: April 20, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2017-08482 Filed 4-26-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                         Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Proposed Rules                                          19331

                                                 552; § 200.5 also issued under 5 U.S.C. 552a;           employment opportunity and                               U.S.C.   United States Code
                                                 § 200.6 also issued under 5 U.S.C. 552b; and            affirmative employment programs.
                                                 § 200.7 also issued under 31 U.S.C. 3717.                                                                      II. Background, Purpose, and Legal
                                                                                                         *     *    *    *   *                                  Basis
                                                 ■ 2. Section 200.1 is amended by
                                                                                                           By Authority of the Board.                              On November 16, 2016, the Coast
                                                 revising paragraph (b) to read as follows:
                                                                                                         Martha P. Rico,                                        Guard received an Application for
                                                 § 200.1 Designation of central and field                Secretary to the Board.                                Marine Event for the Tough Cup event
                                                 organization.                                           [FR Doc. 2017–07893 Filed 4–26–17; 8:45 am]            to be held on the South Branch of the
                                                 *      *     *    *     *                               BILLING CODE P                                         Chicago River and the Chicago Sanitary
                                                    (b) Internal organization. (1)                                                                              and Ship Canal between the South
                                                 Reporting directly to the Board                                                                                Pulaski Road Bridge and the South
                                                 Members is the seven member Executive                                                                          Halsted Street Bridge. This event
                                                                                                         DEPARTMENT OF HOMELAND
                                                 Committee. The Executive Committee is                                                                          involves high performance rowing
                                                                                                         SECURITY
                                                 comprised of the General Counsel, the                                                                          shells and sculls that range in size from
                                                 Director of Administration, the Director                Coast Guard                                            27 feet to 65 feet in length and oars out
                                                 of Programs, the Chief Financial Officer,                                                                      to 25 feet in width to race on a course
                                                 the Chief Information Officer, and the                  33 CFR Part 165                                        along the South Branch of the Chicago
                                                 Director of Field Service. The Chief                                                                           River and the Chicago Sanitary and Ship
                                                 Actuary is a non-voting member. The                     [Docket No. USCG–2017–0197]                            Canal. The Captain of the Port Lake
                                                 Board members will designate a member                   RIN 1625–AA00                                          Michigan has determined that the
                                                 of the Executive Committee as Senior                                                                           potential hazards associated with this
                                                 Executive Officer.                                      Safety Zone; South Branch of the                       event would be a safety concern for
                                                    (2) The Executive Committee is                       Chicago River and Chicago Sanitary                     participants as well as recreational and
                                                 responsible for the day to day                          and Ship Canal, Chicago, IL, Tough                     commercial traffic in or around the
                                                 operations of the agency. The Senior                    Cup                                                    course where the event will take place.
                                                 Executive Officer is responsible for the                                                                          This purpose of the rulemaking is to
                                                 direction and oversight of the Executive                AGENCY:   Coast Guard, DHS.                            ensure the safety of vessels, persons and
                                                 Committee. The General Counsel is                       ACTION:   Notice of proposed rulemaking.               the navigable waters immediately
                                                 responsible for advising the Board                                                                             before, during, and immediately after
                                                 Members on major issues, interpreting                   SUMMARY:   The Coast Guard proposes to
                                                                                                                                                                the scheduled event. The specific
                                                 the Acts and regulations administered                   establish a temporary safety zone on the
                                                                                                                                                                hazards include collisions among event
                                                 by the Board, drafting and analyzing                    South Branch of the Chicago River and
                                                                                                                                                                participants, recreational traffic, and
                                                 legislation, representing the Board in                  the Chicago Sanitary and Ship Canal,
                                                                                                                                                                commercial traffic that may cause injury
                                                 litigation and administrative forums and                Chicago, IL. This action is necessary to
                                                                                                                                                                or marine casualties. The legal basis for
                                                 planning, directing, and coordinating                   protect spectators, participants, and
                                                                                                                                                                this proposed rule is the Coast Guard’s
                                                 the work of the Office of General                       vessels from the hazards associated with
                                                                                                                                                                authority to establish safety zones: 33
                                                 Counsel, the Office of Secretary to the                 the Tough Cup, a crew regatta event.
                                                                                                                                                                U.S.C. 1231; 33 CFR 1.05–1, 160.5;
                                                 Board, the Bureau of Hearings and                       This proposed rulemaking would
                                                                                                                                                                Department of Homeland Security
                                                 Appeals, and the Office of Legislative                  prohibit persons and vessels from being
                                                                                                                                                                Delegation No. 0170.1.
                                                 Affairs through their respective                        in the safety zone unless authorized by
                                                 directors. The Director of Programs is                  the Captain of the Port Lake Michigan.                 III. Discussion of Proposed Rule
                                                 responsible for managing, coordinating,                 DATES: Comments and related material                      The Captain of the Port Lake
                                                 and controlling the program operations                  must be received by the Coast Guard on                 Michigan proposes to establish a safety
                                                 of the agency which carry out                           or before May 30, 2017.                                zone on all waters of the South Branch
                                                 provisions of the Railroad Retirement                   ADDRESSES: You may submit comments                     of the Chicago River and the Chicago
                                                 and Railroad Unemployment Insurance                     identified by docket number USCG–                      Sanitary and Ship Canal between the
                                                 Acts. The Director of Administration is                 2017–0197 using the Federal                            South Pulaski Road Bridge and the
                                                 responsible for managing, coordinating                  eRulemaking Portal at http://                          South Halsted Street Bridge. This safety
                                                 and controlling certain administrative                  www.regulations.gov. See the ‘‘Public                  zone will be enforced from 7:00 a.m. to
                                                 operations of the Board including the                   Participation and Request for                          2:00 p.m. on September 30, 2017. The
                                                 Division of Acquisition Management,                     Comments’’ portion of the                              safety zone enforcement times are
                                                 the Bureau of Human Resources, the                      SUPPLEMENTARY INFORMATION section for                  intended to ensure the safety of persons
                                                 Office of Public Affairs, and the                       further instructions on submitting                     and vessels immediately before, during
                                                 Division of Real Property Management.                   comments.                                              and immediately after the event.
                                                 The Chief Financial Officer is                                                                                    The Captain of the Port Lake
                                                 responsible for the financial                           FOR FURTHER INFORMATION CONTACT:   If                  Michigan has determined that the safety
                                                 management of the agency, and the                       you have questions about this proposed                 zone in this proposed rule is necessary
                                                 Chief Information Officer is responsible                rulemaking, call or email LT Lindsay                   to ensure the safety of vessels and
                                                 for coordinating the agency’s                           Cook, Marine Safety Unit Chicago, U.S.                 people during this event. The safety
                                                 information resources management                        Coast Guard; telephone (630) 986–2155,                 zone in this proposed rule will be
                                                 program. The Chief Actuary is                           email Lindsay.N.Cook@uscg.mil.                         enforced for seven hours on September
nlaroche on DSK30NT082PROD with PROPOSALS




                                                 responsible for the actuarial program of                SUPPLEMENTARY INFORMATION:                             30, 2017.
                                                 the Board, and for maintaining                          I. Table of Abbreviations                                 The Captain of the Port Lake
                                                 statistical and financial information.                                                                         Michigan will notify the public that the
                                                                                                            CFR Code of Federal Regulations
                                                 The Director of Field Services is                          DHS Department of Homeland Security
                                                                                                                                                                zone in this proposal will be enforced
                                                 responsible for the oversight of the                       FR Federal Register                                 by all appropriate means to the affected
                                                 agency’s nationwide field offices.                         NPRM Notice of proposed rulemaking                  segments of the public, including
                                                    (3) The Office of Equal Employment                      Pub. L. Public Law                                  publication in the Federal Register, as
                                                 Opportunity is responsible for equal                       § Section                                           practicable, in accordance with 33 CFR


                                            VerDate Sep<11>2014   14:38 Apr 26, 2017   Jkt 241001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\27APP1.SGM   27APP1


                                                 19332                   Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Proposed Rules

                                                 165.7(a). Such means of notification will                  We conclude that this proposed rule                 C. Collection of Information
                                                 include, but are not limited to,                        is not a significant regulatory action                   This proposed rule would not call for
                                                 Broadcast Notice to Mariners or Local                   because we anticipate that it will have                a new collection of information under
                                                 Notice to Mariners.                                     minimal impact on the economy, will                    the Paperwork Reduction Act of 1995
                                                   All persons and vessels must comply                   not interfere with other agencies, will                (44 U.S.C. 3501–3520).
                                                 with the instructions of the Coast Guard                not adversely alter the budget of any
                                                 Captain of the Port Lake Michigan or his                grant or loan recipients, and will not                 D. Federalism and Indian Tribal
                                                 or her designated representative. Entry                 raise any novel legal or policy issues.                Governments
                                                 into, transiting, or anchoring within the               The safety zone created by this rule will                 A rule has implications for federalism
                                                 safety zone is prohibited unless                        be relatively small and enforced for a                 under Executive Order 13132,
                                                 authorized by the Captain of the Port or                short duration on the one day this rule                Federalism, if it has a substantial direct
                                                 his or her designated representative.                   will be in effect to ensure safety of                  effect on the States, on the relationship
                                                 The Captain of the Port or his or her                   spectators and participants at this                    between the national government and
                                                 designated representative may be                        scheduled event. Moreover, the Coast                   the States, or on the distribution of
                                                 contacted via VHF Channel 16.                           Guard would issue a Broadcast Notice to                power and responsibilities among the
                                                                                                         Mariners via VHF–FM marine channel                     various levels of government. We have
                                                 IV. Regulatory Analyses                                 16 about the safety zone, and the rule                 analyzed this proposed rule under that
                                                   We developed this proposed rule after                 would allow vessels to seek permission                 Order and have determined that it is
                                                 considering numerous statutes and                       to enter the zone.                                     consistent with the fundamental
                                                 executive orders related to rulemaking.                                                                        federalism principles and preemption
                                                                                                         B. Impact on Small Entities
                                                 Below we summarize our analyses                                                                                requirements described in Executive
                                                 based on a number of the statutes and                      The Regulatory Flexibility Act of                   Order 13132.
                                                 Executive Orders, and we discuss First                  1980, 5 U.S.C. 601–612, as amended,                       Also, this proposed rule does not have
                                                 Amendment rights of protestors.                         requires Federal agencies to consider                  tribal implications under Executive
                                                                                                         the potential impact of regulations on                 Order 13175, Consultation and
                                                 A. Regulatory Planning and Review                       small entities during rulemaking. The                  Coordination with Indian Tribal
                                                    Executive Orders 12866 (‘‘Regulatory                 term ‘‘small entities’’ comprises small                Governments, because it would not have
                                                 Planning and Review’’) and 13563                        businesses, not-for-profit organizations               a substantial direct effect on one or
                                                 (‘‘Improving Regulation and Regulatory                  that are independently owned and                       more Indian tribes, on the relationship
                                                 Review’’) direct agencies to assess the                 operated and are not dominant in their                 between the Federal Government and
                                                 costs and benefits of available regulatory              fields, and governmental jurisdictions                 Indian tribes, or on the distribution of
                                                 alternatives and, if regulation is                      with populations of less than 50,000.                  power and responsibilities between the
                                                 necessary, to select regulatory                         The Coast Guard certifies under 5 U.S.C.               Federal Government and Indian tribes.
                                                 approaches that maximize net benefits                   605(b) that this proposed rule would not               If you believe this proposed rule has
                                                 (including potential economic,                          have a significant economic impact on                  implications for federalism or Indian
                                                 environmental, public health and safety                 a substantial number of small entities.                tribes, please contact the person listed
                                                 effects, distributive impacts, and                         While some owners or operators of                   in the FOR FURTHER INFORMATION
                                                                                                         vessels intending to transit the safety                CONTACT section above.
                                                 equity). Executive Order 13563
                                                 emphasizes the importance of                            zone may be small entities, for the                    E. Unfunded Mandates Reform Act
                                                 quantifying both costs and benefits, of                 reasons stated in section IV.A above this
                                                                                                                                                                   The Unfunded Mandates Reform Act
                                                 reducing costs, of harmonizing rules,                   proposed rule would not have a
                                                                                                                                                                of 1995 (2 U.S.C. 1531–1538) requires
                                                 and of promoting flexibility. Executive                 significant economic impact on any                     Federal agencies to assess the effects of
                                                 Order 13771 (‘‘Reducing Regulation and                  vessel owner or operator.                              their discretionary regulatory actions. In
                                                 Controlling Regulatory Costs’’), directs                   If you think that your business,                    particular, the Act addresses actions
                                                 agencies to reduce regulation and                       organization, or governmental                          that may result in the expenditure by a
                                                 control regulatory costs and provides                   jurisdiction qualifies as a small entity               State, local, or tribal government, in the
                                                 that ‘‘for every one new regulation                     and that this rule would have a                        aggregate, or by the private sector of
                                                 issued, at least two prior regulations be               significant economic impact on it,                     $100,000,000 (adjusted for inflation) or
                                                 identified for elimination, and that the                please submit a comment (see                           more in any one year. Though this
                                                 cost of planned regulations be prudently                ADDRESSES) explaining why you think it                 proposed rule would not result in such
                                                 managed and controlled through a                        qualifies and how and to what degree                   an expenditure, we do discuss the
                                                 budgeting process.’’                                    this rule would economically affect it.                effects of this rule elsewhere in this
                                                    The Office of Management and Budget                     Under section 213(a) of the Small                   preamble.
                                                 (OMB) has not designated this rule a                    Business Regulatory Enforcement
                                                 significant regulatory action under                     Fairness Act of 1996 (Pub. L. 104–121),                F. Environment
                                                 section 3(f) of Executive Order 12866.                  we want to assist small entities in                      We have analyzed this proposed rule
                                                 Accordingly, the Office of Management                   understanding this proposed rule. If the               under Department of Homeland
                                                 and Budget (OMB) has not reviewed it.                   rule would affect your small business,                 Security Management Directive 023–01
                                                 As this rule is not a significant                       organization, or governmental                          and Commandant Instruction
                                                 regulatory action, this rule is exempt                  jurisdiction and you have questions                    M16475.lD, which guide the Coast
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                                                 from the requirements of Executive                      concerning its provisions or options for               Guard in complying with the National
                                                 Order 13771. See OMB’s Memorandum                       compliance, please contact the person                  Environmental Policy Act of 1969 (42
                                                 titled ‘‘Interim Guidance Implementing                  listed in the FOR FURTHER INFORMATION                  U.S.C. 4321–4370f), and have made a
                                                 Section 2 of the Executive Order of                     CONTACT section. The Coast Guard will                  preliminary determination that this
                                                 January 30, 2017 titled ‘Reducing                       not retaliate against small entities that              action is one of a category of actions that
                                                 Regulation and Controlling Regulatory                   question or complain about this                        do not individually or cumulatively
                                                 Costs’ ’’ (February 2, 2017). A regulatory              proposed rule or any policy or action of               have a significant effect on the human
                                                 analysis (RA) follows.                                  the Coast Guard.                                       environment. This proposed rule


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                                                                         Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Proposed Rules                                                 19333

                                                 involves amendments to navigation                       when comments are posted or a final                    Captain of the Port Lake Michigan, or an
                                                 regulations and establishment of a safety               rule is published.                                     on-scene representative.
                                                 zone. Normally such actions are                                                                                  Dated: April 20, 2017.
                                                                                                         List of Subjects in 33 CFR Part 165
                                                 categorically excluded from further                                                                            A.B. Cocanour,
                                                 review under section 2.B.2, and figure                    Harbors, Marine safety, Navigation
                                                                                                         (water), Reporting and record keeping                  Captain, U.S. Coast Guard, Captain of the
                                                 2–1, paragraph 34(g) of the Instruction.                                                                       Port Lake Michigan.
                                                 A preliminary Record of Environmental                   requirements, Security measures,
                                                                                                                                                                [FR Doc. 2017–08482 Filed 4–26–17; 8:45 am]
                                                 Consideration (REC) supporting this                     Waterways.
                                                                                                                                                                BILLING CODE 9110–04–P
                                                 determination is available in the docket                  For the reasons discussed in the
                                                 where indicated under the ADDRESSES                     preamble, the Coast Guard proposes to
                                                 section of this preamble. We seek any                   amend 33 CFR part 165 as follows:
                                                 comments or information that may lead                                                                          ENVIRONMENTAL PROTECTION
                                                 to the discovery of a significant                       PART 165—REGULATED NAVIGATION                          AGENCY
                                                 environmental impact from this                          AREAS AND LIMITED ACCESS AREAS
                                                 proposed rule.                                                                                                 40 CFR Part 52
                                                                                                         ■ 1. The authority citation for part 165               [EPA–R09–OAR–2017–0092; FRL–9961–98–
                                                 G. Protest Activities                                   continues to read as follows:                          Region 9]
                                                   The Coast Guard respects the First                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                 Amendment rights of protesters.                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              Approval and Promulgation of Air
                                                 Protesters are asked to contact the                     Department of Homeland Security Delegation             Quality Implementation Plans; Arizona;
                                                 person listed in the FOR FURTHER                        No. 0170.1.                                            Regional Haze State and Federal
                                                 INFORMATION CONTACT section to                          ■ 2. Add § 165.T09–0197 to read as                     Implementation Plans
                                                 coordinate protest activities so that your              follows:                                               AGENCY:  Environmental Protection
                                                 message can be received without
                                                                                                         § 165. T09–0197 Safety Zone; South                     Agency (EPA).
                                                 jeopardizing the safety or security of
                                                 people, places, or vessels.                             Branch of the Chicago River and the                    ACTION: Proposed rule.
                                                                                                         Chicago Sanitary and Ship Canal, Chicago,
                                                 V. Public Participation and Request for                 IL, Tough Cup.                                         SUMMARY:   The Environmental Protection
                                                 Comments                                                                                                       Agency (EPA) is proposing to approve a
                                                                                                            (a) Location. All waters of the South
                                                                                                                                                                source-specific revision to the Arizona
                                                    We view public participation as                      Branch of the Chicago River and the
                                                                                                                                                                state implementation plan (SIP) that
                                                 essential to effective rulemaking, and                  Chicago Sanitary and Ship Canal
                                                                                                                                                                provides an alternative to Best Available
                                                 will consider all comments and material                 between the South Pulaski Road Bridge
                                                                                                                                                                Retrofit Technology (BART) for the
                                                 received during the comment period.                     and the South Halsted Street Bridge are
                                                                                                                                                                Coronado Generating Station
                                                 Your comment can help shape the                         designated as a safety zone.
                                                                                                            (b) Effective and Enforcement Period.               (‘‘Coronado’’), owned and operated by
                                                 outcome of this rulemaking. If you
                                                                                                         This rule will be effective from 7:00 a.m.             the Salt River Project Agricultural
                                                 submit a comment, please include the
                                                                                                         to 2:00 p.m. on September 30, 2017 and                 Improvement and Power District. The
                                                 docket number for this rulemaking,
                                                                                                         will be enforced from 7:00 a.m. to 2:00                EPA proposes to find that the BART
                                                 indicate the specific section of this
                                                                                                         p.m. on September 30, 2017.                            alternative for Coronado would provide
                                                 document to which each comment
                                                                                                            (c) Regulations. (1) In accordance with             greater reasonable progress toward
                                                 applies, and provide a reason for each
                                                                                                         the general regulations in § 165.23 of                 natural visibility conditions than BART,
                                                 suggestion or recommendation.
                                                    We encourage you to submit                           this part, entry into, transiting, or                  in accordance with the requirements of
                                                 comments through the Federal                            anchoring within this safety zone is                   the Clean Air Act and the EPA’s
                                                 eRulemaking Portal at http://                           prohibited unless authorized by the                    Regional Haze Rule. In conjunction with
                                                 www.regulations.gov. If your material                   Captain of the Port Lake Michigan or a                 this proposed approval, we propose to
                                                 cannot be submitted using http://                       designated on-scene representative.                    withdraw those portions of the federal
                                                 www.regulations.gov, contact the person                    (2) This safety zone is closed to all               implementation plan (FIP) that address
                                                 in the FOR FURTHER INFORMATION                          vessel traffic, except as may be                       BART for Coronado. We also propose to
                                                 CONTACT section of this document for                    permitted by the Captain of the Port                   codify the removal of those portions of
                                                 alternate instructions.                                 Lake Michigan or a designated on-scene                 the Arizona SIP that have either been
                                                    We accept anonymous comments. All                    representative.                                        superseded by previously approved
                                                 comments received will be posted                           (3) The ‘‘on-scene representative’’ of              revisions to the Arizona SIP or would be
                                                 without change to http://                               the Captain of the Port Lake Michigan                  superseded by final approval of the SIP
                                                 www.regulations.gov and will include                    is any Coast Guard commissioned,                       revision for Coronado.
                                                 any personal information you have                       warrant or petty officer who has been                  DATES: Written comments must be
                                                 provided. For more about privacy and                    designated by the Captain of the Port                  submitted on or before June 12, 2017.
                                                 the docket, you may review a Privacy                    Lake Michigan to act on his or her                     Requests for public hearing must be
                                                 Act notice regarding the Federal Docket                 behalf.                                                received on or before May 12, 2017.
                                                 Management System in the March 24,                         (4) Vessel operators desiring to enter              ADDRESSES: Submit your comments,
                                                 2005, issue of the Federal Register (70                 or operate within the safety zone shall                identified by Docket ID No. EPA–R09–
                                                 FR 15086).                                              contact the Captain of the Port Lake                   OAR–0092 at http://
nlaroche on DSK30NT082PROD with PROPOSALS




                                                    Documents mentioned in this NPRM                     Michigan or an on-scene representative                 www.regulations.gov, or via email to
                                                 as being available in the docket, and all               to obtain permission to do so. The                     Krishna Viswanathan at
                                                 public comments, will be in our online                  Captain of the Port Lake Michigan or an                viswanathan.krishna@epa.gov. For
                                                 docket at http://www.regulations.gov                    on-scene representative may be                         comments submitted at Regulations.gov,
                                                 and can be viewed by following that                     contacted via VHF Channel 16. Vessel                   follow the online instructions for
                                                 Web site’s instructions. Additionally, if               operators given permission to enter or                 submitting comments. Once submitted,
                                                 you go to the online docket and sign up                 operate in the safety zone must comply                 comments cannot be removed or edited
                                                 for email alerts, you will be notified                  with all directions given to them by the               from Regulations.gov. For either manner


                                            VerDate Sep<11>2014   14:38 Apr 26, 2017   Jkt 241001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\27APP1.SGM   27APP1



Document Created: 2017-04-27 01:40:07
Document Modified: 2017-04-27 01:40:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 30, 2017.
ContactIf you have questions about this proposed rulemaking, call or email LT Lindsay Cook, Marine Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986-2155, email [email protected]
FR Citation82 FR 19331 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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