82_FR_32769 82 FR 32634 - Safety Zone; Lake Michigan, Calumet Harbor, Chicago, IL

82 FR 32634 - Safety Zone; Lake Michigan, Calumet Harbor, Chicago, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 135 (July 17, 2017)

Page Range32634-32636
FR Document2017-14904

The Coast Guard is establishing two temporary safety zones on Lake Michigan in Calumet Harbor, in 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 lakebed rock removal operation involving explosives. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Lake Michigan.

Federal Register, Volume 82 Issue 135 (Monday, July 17, 2017)
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Rules and Regulations]
[Pages 32634-32636]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14904]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0581]
RIN 1625-AA00


Safety Zone; Lake Michigan, Calumet Harbor, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two temporary safety zones on 
Lake Michigan in Calumet Harbor, in 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 lakebed 
rock removal operation involving explosives. Entry of vessels or 
persons into these zones is prohibited unless specifically authorized 
by the Captain of the Port Lake Michigan.

DATES: This rule is effective from midnight on August 1, 2017 through 
midnight on December 16, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0581 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) 986-2155, 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. 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 lakebed rock removal operation from August 1, 2017 
through December 15, 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.
    From August 1, 2017 through December 15, 2017, a rock removal 
operation involving explosives will take place on Lake Michigan in 
Calumet Harbor, in Chicago, IL. The Captain of the Port Lake Michigan 
has determined that the lakebed rock removal operation will pose a 
significant risk to public safety and property. Such hazards include 
detonation of explosive material and a change in the depth of water for 
a small period of time.

IV. Discussion of the Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Lake Michigan has determined that two temporary safety zones are 
necessary to ensure the safety of the public during the rock removal 
operation on Lake Michigan in Calumet Harbor. Safety zone one will be 
enforced from midnight on August 1, 2017 through midnight on December 
16, 2017. Safety zone one will encompass all waters of Lake Michigan in 
Chicago, IL, bounded by a line drawn from the Calumet Harbor Entrance 
South Side Light at 41[deg]44.1348' N., 087[deg]30.3790' W. then 
southwest to 41[deg]43.8568' N., 087[deg]30.6587' W. then southeast to 
41[deg]43.5801' N., 087[deg]30.2830' W. then east to the Calumet Harbor 
Breakwater South End Light at 41[deg]43.5619' N., 087[deg]29.6016' W. 
(NAD 83). Safety zone two will be enforced intermittently from midnight 
on August 1, 2017 through midnight on December 16, 2017. Safety zone 
two will encompass all waters of Lake Michigan in Chicago, IL, within a 
2000 foot radius from 41[deg]43.6665' N., 087[deg]30.3805' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zones 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

[[Page 32635]]

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 two safety zones created by this rule will 
be relatively small and safety zone two will be enforced intermittently 
only for short periods of time. Under certain conditions, moreover, 
vessels may still transit through the safety zones 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 Lake Michigan in Calumet Harbor from midnight August 1, 2017 
through midnight December 16, 2017.
    These safety zones 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 zones, 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 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 two safety zones for a lakebed rock 
removal operation involving explosives on Lake Michigan in Calumet 
Harbor, 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 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 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.T09-0581 to read as follows:

[[Page 32636]]

Sec.  165.T09-0581  Safety Zone; Lake Michigan, Calumet Harbor, 
Chicago, IL.

    (a) Location. Safety zone one; all navigable waters of Lake 
Michigan bounded by a line drawn from the Calumet Harbor Entrance South 
Side Light at 41[deg]44.1348' N., 087[deg]30.3790' W. then southwest to 
41[deg]43.8568' N., 087[deg]30.6587' W. then southeast to 
41[deg]43.5801' N., 087[deg]30.2830' W. then east to the Calumet Harbor 
Breakwater South End Light at 41[deg]43.5619' N., 087[deg]29.6016' W. 
(NAD 83). Safety zone two; all navigable waters of Lake Michigan within 
a 2000 foot radius from 41[deg]43.6665' N., 087[deg]30.3805' W. (NAD 
83).
    Enforcement period. This rule will be enforced from midnight on 
August 1, 2017 through midnight on December 16, 2017 for safety zone 
one. Safety zone two will be enforced intermittently from midnight on 
August 1, 2017 through midnight on December 16, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
these safety zones is prohibited unless authorized by the Captain of 
the Port Lake Michigan or a designated on-scene representative.
    (2) These safety zones are 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 
zones 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 zones must comply with all directions given to them by 
the Captain of the Port Lake Michigan, or an on-scene representative.

    Dated: July 11, 2017.
Amy B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2017-14904 Filed 7-14-17; 8:45 am]
BILLING CODE 9110-04-P



                                                32634               Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Rules and Regulations

                                                directions given to them by the Captain                  II. Background Information and                        zone one will be enforced from
                                                of the Port Buffalo, or his on-scene                     Regulatory History                                    midnight on August 1, 2017 through
                                                representative.                                             The Coast Guard is issuing this                    midnight on December 16, 2017. Safety
                                                  Dated: July 11, 2017.                                  temporary rule without prior notice and               zone one will encompass all waters of
                                                Joseph S. Dufresne,                                      opportunity to comment pursuant to                    Lake Michigan in Chicago, IL, bounded
                                                                                                                                                               by a line drawn from the Calumet
                                                Captain, U.S. Coast Guard, Captain of the                authority under section 4(a) of the
                                                                                                                                                               Harbor Entrance South Side Light at
                                                Port Buffalo.                                            Administrative Procedure Act (APA) (5
                                                                                                                                                               41°44.1348′ N., 087°30.3790′ W. then
                                                [FR Doc. 2017–14902 Filed 7–14–17; 8:45 am]              U.S.C. 553(b)). This provision
                                                                                                                                                               southwest to 41°43.8568′ N.,
                                                BILLING CODE 9110–04–P                                   authorizes an agency to issue a rule
                                                                                                                                                               087°30.6587′ W. then southeast to
                                                                                                         without prior notice and opportunity to
                                                                                                                                                               41°43.5801′ N., 087°30.2830′ W. then
                                                                                                         comment when the agency for good
                                                                                                                                                               east to the Calumet Harbor Breakwater
                                                DEPARTMENT OF HOMELAND                                   cause finds that those procedures are
                                                                                                                                                               South End Light at 41°43.5619′ N.,
                                                SECURITY                                                 ‘‘impracticable, unnecessary, or contrary
                                                                                                                                                               087°29.6016′ W. (NAD 83). Safety zone
                                                                                                         to public interest.’’ Under 5 U.S.C.
                                                Coast Guard                                                                                                    two will be enforced intermittently from
                                                                                                         553(b)(B), the Coast Guard finds that                 midnight on August 1, 2017 through
                                                                                                         good cause exists for not publishing a                midnight on December 16, 2017. Safety
                                                33 CFR Part 165                                          notice of proposed rulemaking (NPRM)                  zone two will encompass all waters of
                                                                                                         with respect to this rule because doing               Lake Michigan in Chicago, IL, within a
                                                [Docket Number USCG–2017–0581]                           so would be impracticable. The Coast                  2000 foot radius from 41°43.6665′ N.,
                                                                                                         Guard did not receive the final details               087°30.3805′ W. (NAD 83).
                                                RIN 1625–AA00                                            for this event until there was                          Entry into, transiting, or anchoring
                                                                                                         insufficient time remaining before the                within the safety zones is prohibited
                                                Safety Zone; Lake Michigan, Calumet                      event to publish a NPRM. Delaying the                 unless authorized by the Captain of the
                                                Harbor, Chicago, IL                                      effective date of this rule to wait for a             Port Lake Michigan, or a designated on-
                                                                                                         comment period to run would be                        scene representative. The Captain of the
                                                AGENCY:    Coast Guard, DHS.                             impracticable because it would inhibit                Port or a designated on-scene
                                                                                                         the Coast Guard’s ability to protect the              representative may be contacted via
                                                ACTION:   Temporary final rule.
                                                                                                         public and vessels from the hazards                   VHF Channel 16.
                                                                                                         associated with a lakebed rock removal
                                                SUMMARY:   The Coast Guard is                                                                                  V. Regulatory Analyses
                                                                                                         operation from August 1, 2017 through
                                                establishing two temporary safety zones
                                                                                                         December 15, 2017.                                      We developed this rule after
                                                on Lake Michigan in Calumet Harbor, in
                                                                                                            We are issuing this rule, and under 5              considering numerous statutes and
                                                Chicago, IL. This action is necessary and
                                                                                                         U.S.C. 553(d)(3), the Coast Guard finds               Executive orders related to rulemaking.
                                                intended to ensure safety of life on the
                                                                                                         that good cause exists for making this                Below we summarize our analyses
                                                navigable waters of the United States
                                                                                                         temporary rule effective less than 30                 based on a number of these statutes and
                                                immediately prior to, during, and after
                                                                                                         days after publication in the Federal                 Executive orders, and we discuss First
                                                a lakebed rock removal operation
                                                                                                         Register. For the same reasons                        Amendment rights of protestors.
                                                involving explosives. Entry of vessels or
                                                                                                         discussed in the preceding paragraph,
                                                persons into these zones is prohibited                                                                         A. Regulatory Planning and Review
                                                                                                         waiting for a 30 day notice period to run
                                                unless specifically authorized by the                                                                             Executive Orders 12866 and 13563
                                                                                                         would be impracticable.
                                                Captain of the Port Lake Michigan.                                                                             direct agencies to assess the costs and
                                                                                                         III. Legal Authority and Need for Rule                benefits of available regulatory
                                                DATES:This rule is effective from
                                                midnight on August 1, 2017 through                          The legal basis for the rule is the                alternatives and, if regulation is
                                                midnight on December 16, 2017.                           Coast Guard’s authority to establish                  necessary, to select regulatory
                                                                                                         safety zones: 33 U.S.C. 1231; 33 CFR                  approaches that maximize net benefits.
                                                ADDRESSES:   To view documents                                                                                 Executive Order 13563 emphasizes the
                                                                                                         1.05–1, 160.5; Department of Homeland
                                                mentioned in this preamble as being                                                                            importance of quantifying both costs
                                                                                                         Security Delegation No. 0170.1.
                                                available in the docket, go to http://                                                                         and benefits, of reducing costs, of
                                                                                                            From August 1, 2017 through
                                                www.regulations.gov, type USCG–2017–                                                                           harmonizing rules, and of promoting
                                                                                                         December 15, 2017, a rock removal
                                                0581 in the ‘‘SEARCH’’ box and click                                                                           flexibility. Executive Order 13771
                                                                                                         operation involving explosives will take
                                                ‘‘SEARCH.’’ Click on Open Docket                                                                               (‘‘Reducing Regulation and Controlling
                                                                                                         place on Lake Michigan in Calumet
                                                Folder on the line associated with this                                                                        Regulatory Costs’’), directs agencies to
                                                                                                         Harbor, in Chicago, IL. The Captain of
                                                rule.                                                                                                          reduce regulation and control regulatory
                                                                                                         the Port Lake Michigan has determined
                                                FOR FURTHER INFORMATION CONTACT:    If                   that the lakebed rock removal operation               costs and provides that ‘‘for every one
                                                you have questions about this rule, call                 will pose a significant risk to public                new regulation issued, at least two prior
                                                or email LT John Ramos, Marine Safety                    safety and property. Such hazards                     regulations be identified for elimination,
                                                Unit Chicago, U.S. Coast Guard;                          include detonation of explosive material              and that the cost of planned regulations
                                                telephone (630) 986–2155, email D09-                     and a change in the depth of water for                be prudently managed and controlled
                                                DG-MSUChicago-Waterways@uscg.mil.                        a small period of time.                               through a budgeting process.’’ This rule
                                                                                                                                                               has not been designated a ‘‘significant
                                                SUPPLEMENTARY INFORMATION:                               IV. Discussion of the Rule
                                                                                                                                                               regulatory action,’’ under Executive
jstallworth on DSK7TPTVN1PROD with RULES




                                                I. Table of Abbreviations                                  With the aforementioned hazards in                  Order 12866. Accordingly, it has not
                                                                                                         mind, the Captain of the Port Lake                    been reviewed by the Office of
                                                CFR Code of Federal Regulations
                                                DHS Department of Homeland Security
                                                                                                         Michigan has determined that two                      Management and Budget.
                                                FR Federal Register                                      temporary safety zones are necessary to                  As this rule is not a significant
                                                NPRM Notice of proposed rulemaking                       ensure the safety of the public during                regulatory action, this rule is exempt
                                                § Section                                                the rock removal operation on Lake                    from the requirements of Executive
                                                U.S.C. United States Code                                Michigan in Calumet Harbor. Safety                    Order 13771. See OMB’s Memorandum


                                           VerDate Sep<11>2014   14:51 Jul 14, 2017   Jkt 241001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\17JYR1.SGM   17JYR1


                                                                    Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Rules and Regulations                                           32635

                                                titled ‘‘Interim Guidance Implementing                   listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                Section 2 of the Executive Order of                      CONTACT   section.                                    will not result in such an expenditure,
                                                January 30, 2017 titled ‘Reducing                           Small businesses may send comments                 we do discuss the effects of this rule
                                                Regulation and Controlling Regulatory                    on the actions of Federal employees                   elsewhere in this preamble.
                                                Costs’ ’’ (February 2, 2017).                            who enforce, or otherwise determine
                                                                                                         compliance with, Federal regulations to               F. Environment
                                                   We conclude that this rule is not a
                                                significant regulatory action because we                 the Small Business and Agriculture                      We have analyzed this rule under
                                                anticipate that it will have minimal                     Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                impact on the economy, will not                          and the Regional Small Business                       Management Directive 023–01 and
                                                interfere with other agencies, will not                  Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                adversely alter the budget of any grant                  Ombudsman evaluates these actions                     which guide the Coast Guard in
                                                or loan recipients, and will not raise any               annually and rates each agency’s                      complying with the National
                                                novel legal or policy issues. The two                    responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                                safety zones created by this rule will be                wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                                relatively small and safety zone two will                employees of the Coast Guard, call 1–                 determined that this action is one of a
                                                be enforced intermittently only for short                888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                                periods of time. Under certain                           Coast Guard will not retaliate against                individually or cumulatively have a
                                                conditions, moreover, vessels may still                  small entities that question or complain              significant effect on the human
                                                transit through the safety zones when                    about this rule or any policy or action               environment. This rule involves the
                                                permitted by the Captain of the Port.                    of the Coast Guard.                                   establishment of two safety zones for a
                                                B. Impact on Small Entities                              C. Collection of Information                          lakebed rock removal operation
                                                                                                           This rule will not call for a new                   involving explosives on Lake Michigan
                                                   The Regulatory Flexibility Act of                                                                           in Calumet Harbor, in Chicago, IL. It is
                                                1980, 5 U.S.C. 601–612, as amended,                      collection of information under the
                                                                                                         Paperwork Reduction Act of 1995 (44                   categorically excluded from further
                                                requires Federal agencies to consider                                                                          review under paragraph 34(g) of Figure
                                                the potential impact of regulations on                   U.S.C. 3501–3520).
                                                                                                                                                               2–1 of the Commandant Instruction. A
                                                small entities during rulemaking. The                    D. Federalism and Indian Tribal                       Record of Environmental Consideration
                                                term ‘‘small entities’’ comprises small                  Governments                                           (REC) supporting this determination is
                                                businesses, not-for-profit organizations                                                                       available in the docket where indicated
                                                                                                            A rule has implications for federalism
                                                that are independently owned and                                                                               in the ADDRESSES section of this
                                                                                                         under Executive Order 13132,
                                                operated and are not dominant in their                                                                         preamble. We seek any comments or
                                                                                                         Federalism, if it has a substantial direct
                                                fields, and governmental jurisdictions                                                                         information that may lead to the
                                                                                                         effect on the States, on the relationship
                                                with populations of less than 50,000.                                                                          discovery of a significant environmental
                                                                                                         between the national government and
                                                The Coast Guard certifies under 5 U.S.C.                                                                       impact from this rule.
                                                                                                         the States, or on the distribution of
                                                605(b) that this rule will not have a
                                                                                                         power and responsibilities among the                  G. Protest Activities
                                                significant economic impact on a
                                                                                                         various levels of government. We have
                                                substantial number of small entities.
                                                                                                         analyzed this rule under that Order and                 The Coast Guard respects the First
                                                   Under the Regulatory Flexibility Act                  have determined that it is consistent                 Amendment rights of protesters.
                                                (5 U.S.C. 601–612), we have considered                   with the fundamental federalism                       Protesters are asked to contact the
                                                the impact of this temporary rule on                     principles and preemption requirements                person listed in the FOR FURTHER
                                                small entities. This rule will affect the                described in Executive Order 13132.                   INFORMATION CONTACT section to
                                                following entities, some of which might                     Also, this rule does not have tribal               coordinate protest activities so that your
                                                be small entities: The owners or                         implications under Executive Order                    message can be received without
                                                operators of vessels intending to transit                13175, Consultation and Coordination                  jeopardizing the safety or security of
                                                on a portion of Lake Michigan in                         with Indian Tribal Governments,                       people, places or vessels.
                                                Calumet Harbor from midnight August                      because it does not have a substantial
                                                1, 2017 through midnight December 16,                    direct effect on one or more Indian                   List of Subjects in 33 CFR Part 165
                                                2017.                                                    tribes, on the relationship between the
                                                   These safety zones will not have a                                                                            Harbors, Marine safety, Navigation
                                                                                                         Federal Government and Indian tribes,                 (water), Reporting and recordkeeping
                                                significant economic impact on a                         or on the distribution of power and
                                                substantial number of small entities for                                                                       requirements, Security measures,
                                                                                                         responsibilities between the Federal                  Waterways.
                                                the reasons cited in the Regulatory                      Government and Indian tribes. If you
                                                Planning and Review section.                             believe this rule has implications for                  For the reasons discussed in the
                                                Additionally, before the enforcement of                  federalism or Indian tribes, please                   preamble, the Coast Guard amends 33
                                                the zones, we will issue local Broadcast                 contact the person listed in the FOR                  CFR parts 165 as follows:
                                                Notice to Mariners and Local Notice to                   FURTHER INFORMATION CONTACT section
                                                Mariners so vessel owners and operators                  above.                                                PART 165—REGULATED NAVIGATION
                                                can plan accordingly.                                                                                          AREAS AND LIMITED ACCESS AREAS
                                                   Under section 213(a) of the Small                     E. Unfunded Mandates Reform Act
                                                Business Regulatory Enforcement                            The Unfunded Mandates Reform Act                    ■ 1. The authority citation for part 165
                                                Fairness Act of 1996 (Pub. L. 104–121),                  of 1995 (2 U.S.C. 1531–1538) requires                 continues to read as follows:
jstallworth on DSK7TPTVN1PROD with RULES




                                                we want to assist small entities in                      Federal agencies to assess the effects of
                                                                                                                                                                 Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                understanding this rule. If the rule                     their discretionary regulatory actions. In            33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                would affect your small business,                        particular, the Act addresses actions                 Department of Homeland Security Delegation
                                                organization, or governmental                            that may result in the expenditure by a               No. 0170.1.
                                                jurisdiction and you have questions                      State, local, or tribal government, in the
                                                concerning its provisions or options for                 aggregate, or by the private sector of                ■ 2. Add § 165.T09–0581 to read as
                                                compliance, please contact the person                    $100,000,000 (adjusted for inflation) or              follows:


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                                                32636               Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Rules and Regulations

                                                § 165.T09–0581 Safety Zone; Lake                         POSTAL REGULATORY COMMISSION                          (MC2017–121 and CP2017–172); May 4,
                                                Michigan, Calumet Harbor, Chicago, IL.                                                                         2017, Priority Mail Contract 313
                                                                                                         39 CFR Part 3020                                      (MC2017–122 and CP2017–173); May 4,
                                                   (a) Location. Safety zone one; all
                                                navigable waters of Lake Michigan                        [Docket Nos. MC2010–21 and CP2010–36]                 2017, Priority Mail Express & Priority
                                                bounded by a line drawn from the                                                                               Mail Contract 47 (MC2017–123 and
                                                Calumet Harbor Entrance South Side                       Update to Competitive Product List                    CP2017–174); May 9, 2017, Priority Mail
                                                                                                                                                               Contract 314 (MC2017–124 and
                                                Light at 41°44.1348′ N., 087°30.3790′ W.                 AGENCY:    Postal Regulatory Commission.              CP2017–176); May 9, 2017, Priority Mail
                                                then southwest to 41°43.8568′ N.,                        ACTION:   Final rule.                                 Express, Priority Mail & First-Class
                                                087°30.6587′ W. then southeast to
                                                                                                         SUMMARY:    The Commission is updating                Package Service Contract 17 (MC2017–
                                                41°43.5801′ N., 087°30.2830′ W. then
                                                                                                         the competitive product list. This action             125 and CP2017–177); May 10, 2017,
                                                east to the Calumet Harbor Breakwater                                                                          Priority Mail Express & Priority Mail
                                                South End Light at 41°43.5619′ N.,                       reflects a publication policy adopted by
                                                                                                         Commission order. The referenced                      Contract 48 (MC2017–126 and CP2017–
                                                087°29.6016′ W. (NAD 83). Safety zone                                                                          179); May 15, 2017, Priority Mail
                                                                                                         policy assumes periodic updates. The
                                                two; all navigable waters of Lake                                                                              Contract 315 (MC2017–127 and
                                                                                                         updates are identified in the body of
                                                Michigan within a 2000 foot radius from                                                                        CP2017–180); May 15, 2017, Priority
                                                                                                         this document. The competitive product
                                                41°43.6665′ N., 087°30.3805′ W. (NAD                     list, which is re-published in its                    Mail Contract 316 (MC2017–128 and
                                                83).                                                     entirety, includes these updates.                     CP2017–181); May 16, 2017, Priority
                                                   Enforcement period. This rule will be                 DATES:                                                Mail Contract 317 (MC2017–129 and
                                                enforced from midnight on August 1,                         Effective Date: July 17, 2017.                     CP2017–182); May 18, 2017, Priority
                                                2017 through midnight on December 16,                       Applicability Dates: April 5, 2017,                Mail Express, Priority Mail & First-Class
                                                2017 for safety zone one. Safety zone                    Priority Mail Contract 299 (MC2017–100                Package Service Contract 18 (MC2017–
                                                two will be enforced intermittently from                 and CP2017–147); April 5, 2017,                       131 and CP2017–185); May 18, 2017,
                                                midnight on August 1, 2017 through                       Priority Mail Contract 300 (MC2017–101                Priority Mail Contract 318 (MC2017–130
                                                midnight on December 16, 2017.                           and CP2017–148); April 5, 2017,                       and CP2017–184); May 23, 2017,
                                                                                                         Priority Mail Contract 301 (MC2017–102                Priority Mail Contract 319 (MC2017–133
                                                   (c) Regulations. (1) In accordance with               and CP2017–149); April 5, 2017,                       and CP2017–188); May 23, 2017,
                                                the general regulations in § 165.23 of                   Priority Mail Contract 302 (MC2017–103                Priority Mail Express, Priority Mail &
                                                this part, entry into, transiting, or                    and CP2017–150); April 5, 2017,                       First-Class Package Service Contract 19
                                                anchoring within these safety zones is                   Priority Mail Contract 303 (MC2017–104                (MC2017–132 and CP2017–187); May
                                                prohibited unless authorized by the                      and CP2017–151); April 17, 2017,                      30, 2017, Priority Mail Contract 320
                                                Captain of the Port Lake Michigan or a                   Priority Mail Express Contract 46                     (MC2017–134 and CP2017–191); May
                                                designated on-scene representative.                      (MC2017–106 and CP2017–153); April                    30, 2017, First-Class Package Service
                                                   (2) These safety zones are closed to all              17, 2017, Priority Mail Contract 304                  Contract 77 (MC2017–135 and CP2017–
                                                vessel traffic, except as may be                         (MC2017–107 and CP2017–154); April                    192); May 31, 2017, Priority Mail
                                                permitted by the Captain of the Port                     17, 2017, Priority Mail Express, Priority             Contract 321 (MC2017–136 and
                                                Lake Michigan or a designated on-scene                   Mail & First-Class Package Service                    CP2017–194); May 31, 2017, Priority
                                                representative.                                          Contract 16 (MC2017–108 and CP2017–                   Mail Contract 322 (MC2017–137 and
                                                                                                         155); April 17, 2017, First Class Package             CP2017–195); June 9, 2017, Priority
                                                   (3) The ‘‘on-scene representative’’ of                Service Contract 75 (MC2017–109 and                   Mail Contract 323 (MC2017–138 and
                                                the Captain of the Port Lake Michigan                    CP2017–156); April 19, 2017, Priority                 CP2017–196); June 13, 2017, Priority
                                                is any Coast Guard commissioned,                         Mail Contract 305 (MC2017–110 and                     Mail Contract 324 (MC2017–139 and
                                                warrant or petty officer who has been                    CP2017–158); April 19, 2017, Priority                 CP2017–198); June 13, 2017, Priority
                                                designated by the Captain of the Port                    Mail Contract 306 (MC2017–111 and                     Mail Contract 325 (MC2017–140 and
                                                Lake Michigan to act on his or her                       CP2017–159); April 19, 2017, Priority                 CP2017–199); June 13, 2017, Priority
                                                behalf.                                                  Mail Contract 307 (MC2017–112 and                     Mail Contract 326 (MC2017–141 and
                                                   (4) Vessel operators desiring to enter                CP2017–160); April 19, 2017, Priority                 CP2017–200); June 13, 2017, Priority
                                                or operate within the safety zones shall                 Mail Express & Priority Mail Contract 45              Mail Express Contract 48 (MC2017–142
                                                contact the Captain of the Port Lake                     (MC2017–113 and CP2017–161); April                    and CP2017–201); June 14, 2017,
                                                Michigan or an on-scene representative                   20, 2017, Global Expedited Package                    Priority Mail Contract 327 (MC2017–143
                                                to obtain permission to do so. The                       Services (GEPS)—Non-Published Rates                   and CP2017–202); June 20, 2017,
                                                Captain of the Port Lake Michigan or an                  12 (MC2017–105 and CP2017–152);                       Priority Mail Express & Priority Mail
                                                                                                         April 25, 2017, Priority Mail Express &               Contract 49 (MC2017–147 and CP2017–
                                                on-scene representative may be
                                                                                                         Priority Mail Contract 46 (MC2017–114                 206); June 20, 2017, Priority Mail &
                                                contacted via VHF Channel 16. Vessel
                                                                                                         and CP2017–165); April 25, 2017, First-               First-Class Package Service Contract 43
                                                operators given permission to enter or
                                                                                                         Class Package Service Contract 76                     (MC2017–144 and CP2017–203); June
                                                operate in the safety zones must comply                  (MC2017–117 and CP2017–168); April                    20, 2017, Priority Mail & First-Class
                                                with all directions given to them by the                 25, 2017, Priority Mail Contract 308                  Package Service Contract 44 (MC2017–
                                                Captain of the Port Lake Michigan, or an                 (MC2017–115 and CP2017–166); April                    145 and CP2017–204); June 20, 2017,
                                                on-scene representative.                                 25, 2017, Priority Mail Contract 309                  Priority Mail Contract 328 (MC2017–146
                                                  Dated: July 11, 2017.                                  (MC2017–116 and CP2017–167); April                    and CP2017–205); June 26, 2017,
jstallworth on DSK7TPTVN1PROD with RULES




                                                Amy B. Cocanour,                                         25, 2017, Priority Mail Contract 47                   Priority Mail Contract 329 (MC2017–150
                                                Captain, U.S. Coast Guard, Captain of the
                                                                                                         (MC2017–118 and CP2017–169); May 1,                   and CP2017–211); June 26, 2017,
                                                Port, Lake Michigan.                                     2017, Priority Mail Contract 310                      Priority Mail Contract 330 (MC2017–151
                                                                                                         (MC2017–119 and CP2017–170); May 1,                   and CP2017–212); June 26, 2017,
                                                [FR Doc. 2017–14904 Filed 7–14–17; 8:45 am]
                                                                                                         2017, Priority Mail Contract 311                      Priority Mail & First-Class Package
                                                BILLING CODE 9110–04–P
                                                                                                         (MC2017–120 and CP2017–171); May 1,                   Service Contract 45 (MC2017–148 and
                                                                                                         2017, Priority Mail Contract 312                      CP2017–209); June 26, 2017, Priority


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Document Created: 2017-07-15 03:45:50
Document Modified: 2017-07-15 03:45:50
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 midnight on August 1, 2017 through midnight on December 16, 2017.
ContactIf you have questions about this rule, call or email LT John Ramos, Marine Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986-2155, email D09-DG-MSUChicago- [email protected]
FR Citation82 FR 32634 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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