82_FR_22165 82 FR 22074 - Safety Zone; Main Branch of the Chicago River, Chicago, IL

82 FR 22074 - Safety Zone; Main Branch of the Chicago River, Chicago, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 91 (May 12, 2017)

Page Range22074-22076
FR Document2017-09633

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 a bridge based pyrotechnics display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Lake Michigan.

Federal Register, Volume 82 Issue 91 (Friday, May 12, 2017)
[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22074-22076]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09633]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0196]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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 a bridge based 
pyrotechnics display. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Lake Michigan.

DATES: This rule is effective from 7:45 p.m. to 8:15 p.m. on May 20, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0196 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 
Coast Guard did not receive the final details for this event 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 a bridge based fireworks display on May 20, 
2017.
    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 May 20, 2017, a bridge based pyrotechnics display will take 
place on the Main Branch of the Chicago River between the Wells Street 
Bridge and the Dearborn Street Bridge in Chicago, IL. The Captain of 
the Port Lake Michigan has determined that the pyrotechnics display 
will pose a significant risk to public safety and property. Such 
hazards include premature and accidental detonations, falling and 
burning debris, and collisions among spectator vessels.

IV. Discussion of the Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Lake

[[Page 22075]]

Michigan has determined that this temporary safety zone is necessary to 
ensure the safety of the public during the bridge based pyrotechnics 
display on the Main Branch of the Chicago River. This safety zone will 
be enforced from 7:45 p.m. to 8:15 p.m. on May 20, 2017. This zone will 
encompass all waters of the Main Branch of the Chicago River between 
the Wells Street Bridge and the Dearborn Street 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. 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.'' 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.
    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).
    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 May 20, 2017 from 7:45 p.m. to 8:15 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 May 20, 2017 from 
7:45 p.m. to 8:15 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 Local Notice to Mariners so vessel owners and operators 
can plan accordingly.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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

[[Page 22076]]

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 a bridge based pyrotechnics display 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. A Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated in 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 rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T09-0196 to read as follows:


Sec.  165.T09-0196  Safety Zone; Main Branch of the Chicago River, 
Chicago, IL.

    (a) Location. All U.S. navigable waters of the Main Branch of the 
Chicago River, between the Wells Street Bridge and Dearborn Street 
Bridge in Chicago, IL.
    (b) Enforcement period. This rule will be enforced on May 20, 2017 
from 7:45 p.m. to 8:15 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: May 5, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2017-09633 Filed 5-11-17; 8:45 am]
BILLING CODE 9110-04-P



                                                22074                 Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations

                                                Instruction. An environmental analysis                  Mississippi River at 314–269–2332.                    DHS Department of Homeland Security
                                                checklist supporting this determination                 Those in the safety zone must comply                  FR Federal Register
                                                and a Record of Environmental                           with all lawful orders or directions                  NPRM Notice of proposed rulemaking
                                                Consideration are available in the                      given to them by the COTP or the                      § Section
                                                                                                                                                              U.S.C. United States Code
                                                docket where indicated under                            COTP’s designated representative.
                                                ADDRESSES. We seek any comments or                        (d) Enforcement periods. This section               II. Background Information and
                                                information that may lead to the                        will be enforced from 9 p.m. to 11 p.m.               Regulatory History
                                                discovery of a significant environmental                on June 3, 2017.
                                                                                                          (e) Informational broadcasts. The                      The Coast Guard is issuing this
                                                impact from this rule.                                                                                        temporary rule without prior notice and
                                                                                                        COTP or a designated representative
                                                G. Protest Activities                                   will inform the public through                        opportunity to comment pursuant to
                                                                                                        broadcast notices to mariners of the                  authority under section 4(a) of the
                                                  The Coast Guard respects the First
                                                                                                        enforcement period for the safety zone.               Administrative Procedure Act (APA) (5
                                                Amendment rights of protesters.
                                                                                                                                                              U.S.C. 553(b)). This provision
                                                Protesters are asked to contact the                       Dated: May 8, 2017.                                 authorizes an agency to issue a rule
                                                person listed in the FOR FURTHER                        M.L. Malloy,                                          without prior notice and opportunity to
                                                INFORMATION CONTACT section to
                                                                                                        Captain, U.S. Coast Guard, Captain of the             comment when the agency for good
                                                coordinate protest activities so that your              Port Upper Mississippi River.                         cause finds that those procedures are
                                                message can be received without                         [FR Doc. 2017–09604 Filed 5–11–17; 8:45 am]           ‘‘impracticable, unnecessary, or contrary
                                                jeopardizing the safety or security of
                                                                                                        BILLING CODE 9110–04–P                                to public interest.’’ Under 5 U.S.C.
                                                people, places or vessels.
                                                                                                                                                              553(b)(B), the Coast Guard finds that
                                                List of Subjects in 33 CFR Part 165                                                                           good cause exists for not publishing a
                                                                                                        DEPARTMENT OF HOMELAND                                notice of proposed rulemaking (NPRM)
                                                  Harbors, Marine safety, Navigation
                                                                                                        SECURITY                                              with respect to this rule because doing
                                                (water), Reporting and recordkeeping
                                                requirements, Security measures, and                                                                          so would be impracticable. The Coast
                                                                                                        Coast Guard                                           Guard did not receive the final details
                                                Waterways.
                                                                                                                                                              for this event until there was
                                                  For the reasons discussed in the                      33 CFR Part 165
                                                                                                                                                              insufficient time remaining before the
                                                preamble, the Coast Guard amends 33
                                                                                                        [Docket Number USCG–2017–0196]                        event to publish a NPRM. Thus,
                                                CFR part 165 as follows:
                                                                                                        RIN 1625–AA00
                                                                                                                                                              delaying the effective date of this rule to
                                                PART 165—REGULATED NAVIGATION                                                                                 wait for a comment period to run would
                                                AREAS AND LIMITED ACCESS AREAS                          Safety Zone; Main Branch of the                       be impracticable because it would
                                                                                                        Chicago River, Chicago, IL                            inhibit the Coast Guard’s ability to
                                                ■ 1. The authority citation for part 165                                                                      protect the public and vessels from the
                                                continues to read as follows:                           AGENCY:    Coast Guard, DHS.                          hazards associated with a bridge based
                                                                                                        ACTION:   Temporary final rule.                       fireworks display on May 20, 2017.
                                                  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;                                                                        We are issuing this rule, and under 5
                                                                                                        SUMMARY:   The Coast Guard is
                                                Department of Homeland Security Delegation                                                                    U.S.C. 553(d)(3), the Coast Guard finds
                                                                                                        establishing a temporary safety zone on
                                                No. 0170.1.                                                                                                   that good cause exists for making this
                                                                                                        the Main Branch of the Chicago River,
                                                ■ 2. Add § 165.T08–0319 to read as                                                                            temporary rule effective less than 30
                                                                                                        Chicago, IL. This action is necessary and
                                                follows:                                                                                                      days after publication in the Federal
                                                                                                        intended to ensure safety of life on the
                                                                                                                                                              Register. For the same reasons
                                                § 165.T08–0319 Safety Zone; Upper                       navigable waters of the United States
                                                                                                                                                              discussed in the preceding paragraph,
                                                Mississippi River, St. Louis, MO.                       immediately prior to, during, and after
                                                                                                                                                              waiting for a 30 day notice period to run
                                                  (a) Location. The following area is a                 a bridge based pyrotechnics display.
                                                                                                                                                              would be impracticable.
                                                safety zone: all navigable waters of the                Entry of vessels or persons into this
                                                Upper Mississippi River between miles                   zone is prohibited unless specifically                III. Legal Authority and Need for Rule
                                                179.2 to 180, St. Louis, MO.                            authorized by the Captain of the Port                   The legal basis for the rule is the
                                                  (b) Definitions. As used in this                      Lake Michigan.                                        Coast Guard’s authority to establish
                                                section, ‘‘designated representative’’                  DATES: This rule is effective from 7:45               safety zones: 33 U.S.C. 1231; 33 CFR
                                                means a Coast Guard Patrol                              p.m. to 8:15 p.m. on May 20, 2017.                    1.05–1, 160.5; Department of Homeland
                                                Commander, including a Coast Guard                      ADDRESSES: To view documents                          Security Delegation No. 0170.1.
                                                coxswain, petty officer, or other officer               mentioned in this preamble as being                     On May 20, 2017, a bridge based
                                                operating a Coast Guard vessel and a                    available in the docket, go to http://                pyrotechnics display will take place on
                                                Federal, State, and local officer                       www.regulations.gov, type USCG–2017–                  the Main Branch of the Chicago River
                                                designated by or assisting the Captain of               0196 in the ‘‘SEARCH’’ box and click                  between the Wells Street Bridge and the
                                                the Port Upper Mississippi River                        ‘‘SEARCH.’’ Click on Open Docket                      Dearborn Street Bridge in Chicago, IL.
                                                (COTP) in the enforcement of the safety                 Folder on the line associated with this               The Captain of the Port Lake Michigan
                                                zone.                                                   rule.                                                 has determined that the pyrotechnics
                                                  (c) Regulations. (1) Under the general                FOR FURTHER INFORMATION CONTACT: If                   display will pose a significant risk to
                                                safety zone regulations in subpart C of                 you have questions about this rule, call              public safety and property. Such
                                                this part, you may not enter the safety                 or email LT Lindsay Cook, Marine                      hazards include premature and
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                                                zone described in paragraph (a) of this                 Safety Unit Chicago, U.S. Coast Guard;                accidental detonations, falling and
                                                section unless authorized by the COTP                   telephone (630) 986–2155, email D09-                  burning debris, and collisions among
                                                or the COTP’s designated representative.                DG-MSUChicago-Waterways@uscg.mil.                     spectator vessels.
                                                  (2) To seek permission to enter,                      SUPPLEMENTARY INFORMATION:
                                                contact the COTP or the COTP’s                                                                                IV. Discussion of the Rule
                                                representative via VHF–FM channel 16,                   I. Table of Abbreviations                              With the aforementioned hazards in
                                                or through Coast Guard Sector Upper                     CFR    Code of Federal Regulations                    mind, the Captain of the Port Lake


                                           VerDate Sep<11>2014   16:29 May 11, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\12MYR1.SGM   12MYR1


                                                                      Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations                                         22075

                                                Michigan has determined that this                       interfere with other agencies, will not               annually and rates each agency’s
                                                temporary safety zone is necessary to                   adversely alter the budget of any grant               responsiveness to small business. If you
                                                ensure the safety of the public during                  or loan recipients, and will not raise any            wish to comment on actions by
                                                the bridge based pyrotechnics display                   novel legal or policy issues. The safety              employees of the Coast Guard, call 1–
                                                on the Main Branch of the Chicago                       zone created by this rule will be                     888–REG–FAIR (1–888–734–3247). The
                                                River. This safety zone will be enforced                relatively small and enforced May 20,                 Coast Guard will not retaliate against
                                                from 7:45 p.m. to 8:15 p.m. on May 20,                  2017 from 7:45 p.m. to 8:15 p.m. Under                small entities that question or complain
                                                2017. This zone will encompass all                      certain conditions, moreover, vessels                 about this rule or any policy or action
                                                waters of the Main Branch of the                        may still transit through the safety zone             of the Coast Guard.
                                                Chicago River between the Wells Street                  when permitted by the Captain of the
                                                Bridge and the Dearborn Street Bridge in                Port.                                                 C. Collection of Information
                                                Chicago, IL.                                                                                                    This rule will not call for a new
                                                   Entry into, transiting, or anchoring                 B. Impact on Small Entities                           collection of information under the
                                                within the safety zone is prohibited                       The Regulatory Flexibility Act of                  Paperwork Reduction Act of 1995 (44
                                                unless authorized by the Captain of the                 1980, 5 U.S.C. 601–612, as amended,                   U.S.C. 3501–3520).
                                                Port Lake Michigan, or a designated on-                 requires Federal agencies to consider
                                                                                                        the potential impact of regulations on                D. Federalism and Indian Tribal
                                                scene representative. The Captain of the
                                                Port or a designated on-scene                           small entities during rulemaking. The                 Governments
                                                representative may be contacted via                     term ‘‘small entities’’ comprises small                  A rule has implications for federalism
                                                VHF Channel 16.                                         businesses, not-for-profit organizations              under Executive order 13132,
                                                                                                        that are independently owned and                      Federalism, if it has a substantial direct
                                                V. Regulatory Analyses                                  operated and are not dominant in their                effect on the States, on the relationship
                                                  We developed this rule after                          fields, and governmental jurisdictions                between the national government and
                                                considering numerous statutes and                       with populations of less than 50,000.                 the States, or on the distribution of
                                                Executive orders related to rulemaking.                 The Coast Guard certifies under 5 U.S.C.              power and responsibilities among the
                                                Below we summarize our analyses                         605(b) that this rule will not have a                 various levels of government. We have
                                                based on a number of these statutes and                 significant economic impact on a                      analyzed this rule under that Order and
                                                Executive orders, and we discuss First                  substantial number of small entities.                 have determined that it is consistent
                                                Amendment rights of protestors.                            Under the Regulatory Flexibility Act               with the fundamental federalism
                                                                                                        (5 U.S.C. 601–612), we have considered                principles and preemption requirements
                                                A. Regulatory Planning and Review                       the impact of this temporary rule on                  described in Executive order 13132.
                                                   Executive orders 12866 and 13563                     small entities. This rule will affect the                Also, this rule does not have tribal
                                                direct agencies to assess the costs and                 following entities, some of which might               implications under Executive order
                                                benefits of available regulatory                        be small entities: The owners or                      13175, Consultation and Coordination
                                                alternatives and, if regulation is                      operators of vessels intending to transit             with Indian Tribal Governments,
                                                necessary, to select regulatory                         on a portion of the Main Branch of the                because it does not have a substantial
                                                approaches that maximize net benefits.                  Chicago River on May 20, 2017 from                    direct effect on one or more Indian
                                                Executive order 13563 emphasizes the                    7:45 p.m. to 8:15 p.m.                                tribes, on the relationship between the
                                                importance of quantifying both costs                       This safety zone will not have a                   Federal Government and Indian tribes,
                                                and benefits, of reducing costs, of                     significant economic impact on a                      or on the distribution of power and
                                                harmonizing rules, and of promoting                     substantial number of small entities for              responsibilities between the Federal
                                                flexibility. Executive Order 13771                      the reasons cited in the Regulatory                   Government and Indian tribes. If you
                                                (‘‘Reducing Regulation and Controlling                  Planning and Review section.                          believe this rule has implications for
                                                Regulatory Costs’’), directs agencies to                Additionally, before the enforcement of               federalism or Indian tribes, please
                                                reduce regulation and control regulatory                the zone, we will issue local Broadcast               contact the person listed in the FOR
                                                costs and provides that ‘‘for every one                 Notice to Mariners and Local Notice to                FURTHER INFORMATION CONTACT section
                                                new regulation issued, at least two prior               Mariners so vessel owners and operators               above.
                                                regulations be identified for elimination,              can plan accordingly.
                                                and that the cost of planned regulations                   Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                be prudently managed and controlled                     Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                                through a budgeting process.’’ This rule                Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                has not been designated a ‘‘significant                 we want to assist small entities in                   Federal agencies to assess the effects of
                                                regulatory action,’’ under Executive                    understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                Order 12866. Accordingly, it has not                    would affect your small business,                     particular, the Act addresses actions
                                                been reviewed by the Office of                          organization, or governmental                         that may result in the expenditure by a
                                                Management and Budget.                                  jurisdiction and you have questions                   State, local, or tribal government, in the
                                                   As this rule is not a significant                    concerning its provisions or options for              aggregate, or by the private sector of
                                                regulatory action, this rule is exempt                  compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                                from the requirements of Executive                      listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                Order 13771. See OMB’s Memorandum                       CONTACT section.                                      will not result in such an expenditure,
                                                titled ‘‘Interim Guidance Implementing                     Small businesses may send comments                 we do discuss the effects of this rule
                                                Section 2 of the Executive Order of                     on the actions of Federal employees                   elsewhere in this preamble.
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                                                January 30, 2017 titled ‘Reducing                       who enforce, or otherwise determine
                                                Regulation and Controlling Regulatory                   compliance with, Federal regulations to               F. Environment
                                                Costs’ ’’ (February 2, 2017).                           the Small Business and Agriculture                      We have analyzed this rule under
                                                   We conclude that this rule is not a                  Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                significant regulatory action because we                and the Regional Small Business                       Management Directive 023–01 and
                                                anticipate that it will have minimal                    Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                impact on the economy, will not                         Ombudsman evaluates these actions                     which guide the Coast Guard in


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                                                22076                 Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations

                                                complying with the National                             Captain of the Port Lake Michigan or a                made a submittal addressing the
                                                Environmental Policy Act of 1969 (42                    designated on-scene representative.                   infrastructure requirements for the 2012
                                                U.S.C. 4321–4370f), and have                               (2) This safety zone is closed to all              fine particulate matter (PM2.5) NAAQS,
                                                determined that this action is one of a                 vessel traffic, except as may be                      and EPA is approving portions of this
                                                category of actions that do not                         permitted by the Captain of the Port                  SIP revision in accordance with the
                                                individually or cumulatively have a                     Lake Michigan or a designated on-scene                requirements of the CAA.
                                                significant effect on the human                         representative.                                       DATES: This final rule is effective on
                                                environment. This rule involves the                        (3) The ‘‘on-scene representative’’ of             June 12, 2017.
                                                establishment of a safety zone for a                    the Captain of the Port Lake Michigan                 ADDRESSES: EPA has established a
                                                bridge based pyrotechnics display on                    is any Coast Guard commissioned,                      docket for this action under Docket ID
                                                the Main Branch of the Chicago River in                 warrant or petty officer who has been                 Number EPA–R03–OAR–2016–0373. All
                                                Chicago, IL. It is categorically excluded               designated by the Captain of the Port                 documents in the docket are listed on
                                                from further review under paragraph                     Lake Michigan to act on his or her                    the www.regulations.gov Web site.
                                                34(g) of Figure 2–1 of the Commandant                   behalf.                                               Although listed in the index, some
                                                Instruction. A Record of Environmental                     (4) Vessel operators desiring to enter             information is not publicly available,
                                                Consideration (REC) supporting this                     or operate within the safety zone shall               e.g., confidential business information
                                                determination is available in the docket                contact the Captain of the Port Lake                  (CBI) or other information whose
                                                where indicated in the ADDRESSES                        Michigan or an on-scene representative                disclosure is restricted by statute.
                                                section of this preamble. We seek any                   to obtain permission to do so. The                    Certain other material, such as
                                                comments or information that may lead                   Captain of the Port Lake Michigan or an               copyrighted material, is not placed on
                                                to the discovery of a significant                       on-scene representative may be                        the Internet and will be publicly
                                                environmental impact from this rule.                    contacted via VHF Channel 16. Vessel                  available only in hard copy form.
                                                                                                        operators given permission to enter or                Publicly available docket materials are
                                                G. Protest Activities
                                                                                                        operate in the safety zone must comply                available through http://
                                                  The Coast Guard respects the First                    with all directions given to them by the              www.regulations.gov, or please contact
                                                Amendment rights of protesters.                         Captain of the Port Lake Michigan, or an              the person identified in the FOR FURTHER
                                                Protesters are asked to contact the                     on-scene representative.                              INFORMATION CONTACT section for
                                                person listed in the FOR FURTHER
                                                                                                          Dated: May 5, 2017.                                 additional availability information.
                                                INFORMATION CONTACT section to
                                                                                                        A.B. Cocanour,                                        FOR FURTHER INFORMATION CONTACT:
                                                coordinate protest activities so that your
                                                message can be received without                         Captain, U.S. Coast Guard, Captain of the             Ellen Schmitt, (215) 814–5787, or by
                                                jeopardizing the safety or security of                  Port, Lake Michigan.                                  email at schmitt.ellen@epa.gov.
                                                people, places or vessels.                              [FR Doc. 2017–09633 Filed 5–11–17; 8:45 am]           SUPPLEMENTARY INFORMATION:
                                                                                                        BILLING CODE 9110–04–P
                                                List of Subjects in 33 CFR Part 165                                                                           I. Background
                                                  Harbors, Marine safety, Navigation                                                                             On July 16, 1997, the EPA
                                                (water), Reporting and record keeping                   ENVIRONMENTAL PROTECTION                              promulgated a new 24-hour and a new
                                                requirements, Security measures,                        AGENCY                                                annual NAAQS for PM2.5. See 62 FR
                                                Waterways.                                                                                                    38652 (July 18, 1997). Subsequently, on
                                                  For the reasons discussed in the                      40 CFR Part 52                                        December 14, 2012, the EPA revised the
                                                preamble, the Coast Guard amends 33                                                                           level of the health based (primary)
                                                                                                        [EPA–R03–OAR–2016–0373; FRL–9961–87–
                                                CFR part 165 as follows:                                Region 3]                                             annual PM2.5 standard to 12 micrograms
                                                                                                                                                              per cubic meter (mg/m3). See 78 FR 3086
                                                PART 165—REGULATED NAVIGATION                           Approval and Promulgation of Air                      (January 15, 2013).1
                                                AREAS AND LIMITED ACCESS AREAS                          Quality Implementation Plans; West                       Pursuant to section 110(a)(1) of the
                                                                                                        Virginia; Infrastructure Requirements                 CAA, states are required to submit SIPs
                                                ■ 1. The authority citation for part 165                for the 2012 Fine Particulate Standard                meeting the applicable requirements of
                                                continues to read as follows:                                                                                 section 110(a)(2) within three years after
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             AGENCY:  Environmental Protection                     promulgation of a new or revised
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Agency (EPA).                                         NAAQS or within such shorter period
                                                Department of Homeland Security Delegation              ACTION: Final rule.                                   as EPA may prescribe. Section 110(a)(2)
                                                No. 0170.1.                                                                                                   requires states to address basic SIP
                                                                                                        SUMMARY:   The Environmental Protection               elements such as requirements for
                                                ■ 2. Add § 165.T09–0196 to read as
                                                                                                        Agency (EPA) is approving portions of                 monitoring, basic program
                                                follows:
                                                                                                        a state implementation plan (SIP)                     requirements, and legal authority that
                                                § 165.T09–0196 Safety Zone; Main Branch                 revision submitted by the State of West               are designed to assure attainment and
                                                of the Chicago River, Chicago, IL.                      Virginia. Whenever new or revised                     maintenance of the NAAQS. Section
                                                  (a) Location. All U.S. navigable waters               national ambient air quality standards                110(a) imposes the obligation upon
                                                of the Main Branch of the Chicago River,                (NAAQS) are promulgated, the Clean                    states to make a SIP submission to EPA
                                                between the Wells Street Bridge and                     Air Act (CAA) requires states to submit               for a new or revised NAAQS, but the
                                                Dearborn Street Bridge in Chicago, IL.                  a plan to address basic program                       contents of that submission may vary
                                                  (b) Enforcement period. This rule will                elements, including, but not limited to,              depending upon the facts and
mstockstill on DSK30JT082PROD with RULES




                                                be enforced on May 20, 2017 from 7:45                   regulatory structure, monitoring,
                                                p.m. to 8:15 p.m.                                       modeling, legal authority, and adequate                 1 In EPA’s 2012 PM
                                                                                                                                                                                    2.5 NAAQS revision, EPA left
                                                  (c) Regulations. (1) In accordance with               resources necessary to assure                         unchanged the existing welfare (secondary)
                                                the general regulations in § 165.23 of                  implementation, maintenance, and                      standards for PM2.5 to address PM related effects
                                                                                                                                                              such as visibility impairment, ecological effects,
                                                this part, entry into, transiting, or                   enforcement of the NAAQS. These                       damage to materials and climate impacts. This
                                                anchoring within this safety zone is                    elements are referred to as infrastructure            includes a secondary annual standard of 15 mg/m3
                                                prohibited unless authorized by the                     requirements. The State of West Virginia              and a 24-hour standard of 35 mg/m3.



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Document Created: 2017-05-12 01:09:23
Document Modified: 2017-05-12 01:09:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7:45 p.m. to 8:15 p.m. on May 20, 2017.
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 D09-DG-MSUChicago- [email protected]
FR Citation82 FR 22074 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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