82 FR 31450 - Safety Zone; Lake Michigan, Whiting, Indiana

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 129 (July 7, 2017)

Page Range		31450-31452
FR Document		2017-14304

The Coast Guard is establishing a temporary safety zone on Lake Michigan, near Whiting, Indiana. 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 high speed competition involving personal water craft. 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 129 (Friday, July 7, 2017)

[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31450-31452]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14304]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0195]
RIN 1625-AA00


Safety Zone; Lake Michigan, Whiting, Indiana

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Michigan, near Whiting, Indiana. 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 high speed competition 
involving personal water craft. 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 a.m. on August 12, 2017 to 5 p.m. 
on August 13, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0195 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 John Ramos, Marine Safety Unit Chicago, U.S. Coast 
Guard; telephone (630) 986-2156, 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.

[[Page 31451]]

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 and contrary to the public 
interest. 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. Delaying the effective date of this rule to wait for a 
comment period to run would be impracticable and contrary to the public 
interest because it would inhibit the Coast Guard's ability to protect 
the public and vessels from the hazards associated with the high speed 
competition involving personal water craft on August 12, 2017, and 
August 13, 2017.

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 August 12, 2017, and August 13, 2017, a high speed competition 
involving personal watercraft will take place on Lake Michigan near 
Whiting, Indiana. The Captain of the Port Lake Michigan has determined 
that this competition will pose a significant risk to public safety and 
property. Such hazards include collisions among participants or 
spectator vessels. This rule is needed to protect personnel and vessels 
in the navigable waters within the safety zone while the competition is 
taking place.

IV. Discussion of the Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Lake Michigan has determined that this temporary safety zone is 
necessary to ensure the safety of the public during the high speed 
competition involving personal watercraft on Lake Michigan. This safety 
zone will be enforced from 7 a.m. to 5 p.m. on August 12, 2017 and from 
7 a.m. to 5 p.m. on August 13, 2017. This zone will encompass all 
waters of Lake Michigan near Whiting, Indiana bounded by a line drawn 
from the shoreline at 41[deg]41.235' N, 087[deg]29.779' W., then 
northeast to 41[deg]41.494' N., 087[deg]29.559' W., then south to 
41[deg]40.891' N., 087[deg]28.486' W., then southwest to the shoreline 
at 41[deg]40.725' N., 087[deg]28.633' W., then along the shoreline back 
to the point of origin at 41[deg]41.235' N., 087[deg]29.779' W. (NAD 
83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Lake Michigan, 
or a designated on-scene representative. The Captain of the Port or a 
designated on-scene representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zone created by this rule will be 
relatively small and enforced only on August 12, 2017 from 7 a.m. to 5 
p.m., and August 13, 2017, from 7 a.m. to 5 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 Lake Michigan near Whiting, Indiana on August 12, 2017 
from 7 a.m. to 5 p.m., and August 13, 2017 from 7 a.m. to 5 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

[[Page 31452]]

13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes. If you believe this 
rule has implications for federalism or Indian tribes, please contact 
the person listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves the establishment of a safety zone for a high speed 
competition involving personal watercraft on Lake Michigan near 
Whiting, Indiana. 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.T09-0195 to read as follows:


Sec.  165.T09-0195   Safety Zone; Lake Michigan, Whiting, Indiana.

    (a) Location. All waters of Lake Michigan near Whiting, Indiana 
bounded by a line drawn from the shoreline at 41[deg]41.235' N., 
087[deg]29.779' W., then northeast to 41[deg]41.494' N., 
087[deg]29.559' W., then south to 41[deg]40.891' N., 087[deg]28.486' 
W., then southwest to the shoreline at 41[deg]40.725' N., 
087[deg]28.633' W., then along the shoreline back to the point of 
origin at 41[deg]41.235' N., 087[deg]29.779' W. (NAD 83).
    (b) Enforcement period. This rule will be enforced on August 12, 
2017 from 7 a.m. to 5 p.m. and August 13, 2017 from 7 a.m. to 5 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: June 29, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2017-14304 Filed 7-6-17; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations 31451

553(b)(B), the Coast Guard finds that Port or a designated on-scene operators of vessels intending to transit
good cause exists for not publishing a representative may be contacted via on a portion of the Lake Michigan near
notice of proposed rulemaking (NPRM) VHF Channel 16. Whiting, Indiana on August 12, 2017
with respect to this rule because doing from 7 a.m. to 5 p.m., and August 13,
V. Regulatory Analyses
so would be impracticable and contrary 2017 from 7 a.m. to 5 p.m.
to the public interest. The Coast Guard We developed this rule after This safety zone will not have a
did not receive the final details for this considering numerous statutes and significant economic impact on a
event until there was insufficient time Executive orders related to rulemaking. substantial number of small entities for
remaining before the event to publish a Below we summarize our analyses the reasons cited in the Regulatory
NPRM. Delaying the effective date of based on a number of these statutes and Planning and Review section.
this rule to wait for a comment period Executive orders, and we discuss First Additionally, before the enforcement of
to run would be impracticable and Amendment rights of protestors. the zone, we will issue local Broadcast
contrary to the public interest because it A. Regulatory Planning and Review Notice to Mariners and Local Notice to
would inhibit the Coast Guard’s ability Mariners so vessel owners and operators
to protect the public and vessels from Executive orders 12866 and 13563 can plan accordingly.
the hazards associated with the high direct agencies to assess the costs and Under section 213(a) of the Small
speed competition involving personal benefits of available regulatory Business Regulatory Enforcement
water craft on August 12, 2017, and alternatives and, if regulation is Fairness Act of 1996 (Pub. L. 104–121),
August 13, 2017. necessary, to select regulatory we want to assist small entities in
approaches that maximize net benefits. understanding this rule. If the rule
III. Legal Authority and Need for Rule Executive order 13563 emphasizes the would affect your small business,
The legal basis for the rule is the importance of quantifying both costs organization, or governmental
Coast Guard’s authority to establish and benefits, of reducing costs, of jurisdiction and you have questions
safety zones: 33 U.S.C. 1231; 33 CFR harmonizing rules, and of promoting concerning its provisions or options for
1.05–1, 160.5; Department of Homeland flexibility. This rule has not been compliance, please contact the person
Security Delegation No. 0170.1. designated a ‘‘significant regulatory listed in the FOR FURTHER INFORMATION
On August 12, 2017, and August 13, action,’’ under Executive order 12866. CONTACT section.
2017, a high speed competition Accordingly, it has not been reviewed Small businesses may send comments
involving personal watercraft will take by the Office of Management and on the actions of Federal employees
place on Lake Michigan near Whiting, Budget. who enforce, or otherwise determine
Indiana. The Captain of the Port Lake We conclude that this rule is not a compliance with, Federal regulations to
Michigan has determined that this significant regulatory action because we the Small Business and Agriculture
competition will pose a significant risk anticipate that it will have minimal Regulatory Enforcement Ombudsman
to public safety and property. Such impact on the economy, will not and the Regional Small Business
hazards include collisions among interfere with other agencies, will not Regulatory Fairness Boards. The
participants or spectator vessels. This adversely alter the budget of any grant Ombudsman evaluates these actions
rule is needed to protect personnel and or loan recipients, and will not raise any annually and rates each agency’s
vessels in the navigable waters within novel legal or policy issues. The safety responsiveness to small business. If you
the safety zone while the competition is zone created by this rule will be wish to comment on actions by
taking place. relatively small and enforced only on employees of the Coast Guard, call 1–
August 12, 2017 from 7 a.m. to 5 p.m., 888–REG–FAIR (1–888–734–3247). The
IV. Discussion of the Rule
and August 13, 2017, from 7 a.m. to 5 Coast Guard will not retaliate against
With the aforementioned hazards in p.m. Under certain conditions, small entities that question or complain
mind, the Captain of the Port Lake moreover, vessels may still transit about this rule or any policy or action
Michigan has determined that this through the safety zone when permitted of the Coast Guard.
temporary safety zone is necessary to by the Captain of the Port.
ensure the safety of the public during C. Collection of Information
the high speed competition involving B. Impact on Small Entities
This rule will not call for a new
personal watercraft on Lake Michigan. The Regulatory Flexibility Act of collection of information under the
This safety zone will be enforced from 1980, 5 U.S.C. 601–612, as amended, Paperwork Reduction Act of 1995 (44
7 a.m. to 5 p.m. on August 12, 2017 and requires Federal agencies to consider U.S.C. 3501–3520).
from 7 a.m. to 5 p.m. on August 13, the potential impact of regulations on
2017. This zone will encompass all small entities during rulemaking. The D. Federalism and Indian Tribal
waters of Lake Michigan near Whiting, term ‘‘small entities’’ comprises small Governments
Indiana bounded by a line drawn from businesses, not-for-profit organizations A rule has implications for federalism
the shoreline at 41°41.235′ N, that are independently owned and under Executive order 13132,
087°29.779′ W., then northeast to operated and are not dominant in their Federalism, if it has a substantial direct
41°41.494′ N., 087°29.559′ W., then fields, and governmental jurisdictions effect on the States, on the relationship
south to 41°40.891′ N., 087°28.486′ W., with populations of less than 50,000. between the national government and
then southwest to the shoreline at The Coast Guard certifies under 5 U.S.C. the States, or on the distribution of
41°40.725′ N., 087°28.633′ W., then 605(b) that this rule will not have a power and responsibilities among the
asabaliauskas on DSKBBXCHB2PROD with RULES

along the shoreline back to the point of significant economic impact on a various levels of government. We have
origin at 41°41.235′ N., 087°29.779′ W. substantial number of small entities. analyzed this rule under that Order and
(NAD 83). Under the Regulatory Flexibility Act have determined that it is consistent
Entry into, transiting, or anchoring (5 U.S.C. 601–612), we have considered with the fundamental federalism
within the safety zone is prohibited the impact of this temporary rule on principles and preemption requirements
unless authorized by the Captain of the small entities. This rule will affect the described in Executive order 13132.
Port Lake Michigan, or a designated on- following entities, some of which might Also, this rule does not have tribal
scene representative. The Captain of the be small entities: The owners or implications under Executive order

VerDate Sep<11>2014 17:43 Jul 06, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1

Document Created: 2017-07-07 02:19:53
Document Modified: 2017-07-07 02:19:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 7 a.m. on August 12, 2017 to 5 p.m. on August 13, 2017.
Contact		If you have questions about this rule, call or email LT John Ramos, Marine Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986-2156, email D09-DG-MSUChicago- [email protected]
FR Citation		82 FR 31450
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

82 FR 31450 - Safety Zone; Lake Michigan, Whiting, Indiana

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 129 (July 7, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard