82_FR_36047 82 FR 35900 - Safety Zone; South Branch of the Chicago River, Chicago, IL

82 FR 35900 - Safety Zone; South Branch of the Chicago River, Chicago, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 147 (August 2, 2017)

Page Range35900-35902
FR Document2017-16253

The Coast Guard is establishing a temporary safety zone on the South Branch of the Chicago River, Chicago, IL. This action is necessary and intended to ensure safety of life on the navigable waters of the United States immediately prior to, during, and after the filming of a scene for a television series, where objects will be thrown off a bridge. 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 147 (Wednesday, August 2, 2017)
[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Rules and Regulations]
[Pages 35900-35902]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16253]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0702]
RIN 1625-AA00


Safety Zone; South 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 
South Branch of the Chicago River, Chicago, IL. This action is 
necessary and intended to ensure safety of life on the navigable waters 
of the United States immediately prior to, during, and after the 
filming of a scene for a television series, where objects will be 
thrown off a bridge. 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 8 p.m. to 11:59 p.m. on August 4, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0702 in the ``SEARCH'' box and click

[[Page 35901]]

``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. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable because it would inhibit 
the Coast Guard's ability to protect the public and vessels from the 
hazards associated with the filming of a scene for a television series, 
where objects will be thrown off a bridge on August 4, 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; 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.
    On August 4, 2017, the filming of a scene for a television series, 
where objects will be thrown off a bridge will take place on the South 
Branch of the Chicago River on the Cermak Road Bridge. The Captain of 
the Port Lake Michigan has determined that objects being thrown off the 
bridge will pose a significant risk to public safety and property. Such 
hazards include falling television props and collisions among passing 
vessels.

IV. Discussion of the Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Lake Michigan has determined that this temporary safety zone is 
necessary to ensure the safety of the public during the filming of a 
scene for a television series, where objects will be thrown off the 
Cermak Road Bridge on the South Branch of the Chicago River. This 
safety zone will be enforced intermittently from 8 p.m. to 11:59 on 
August 4, 2017. This zone will encompass all waters of the South Branch 
of the Chicago River within a 300 foot radius of the Cermak Road 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 
or at (414) 747-7182.

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 intermittently on August 4, 2017 from 8 
p.m. to 11:59 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 South Branch of the Chicago River on August 4, 2017 from 
8 p.m. to 11:59 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

[[Page 35902]]

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 a safety zone for the filming of a 
scene for a television series, where objects will be thrown off the 
bridge on the South 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 
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.T09-0702 to read as follows:


Sec.  165.T09-0702   Safety Zone; South Branch of the Chicago River, 
Chicago, IL.

    (a) Location. All U.S. navigable waters of the South Branch of the 
Chicago River, within a 300 foot radius of the Cermak Road Bridge in 
Chicago, IL.
    (b) Enforcement period. This rule will be enforced on August 4, 
2017 from 8 p.m. to 11:59 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, 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 or at (414) 747-7182. 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: July 27, 2017.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2017-16253 Filed 8-1-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                35900            Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Rules and Regulations

                                                                                                                                TABLE FIVE
                                                                                                                                                                  Forward            After masthead
                                                                                                                              Masthead lights                  masthead light         light less than       Percentage
                                                                                                                                 not over all                  not in forward        1⁄2 ship’s length       horizontal
                                                                        Vessel                                   No.           other lights and                  quarter of            aft of forward       separation
                                                                                                                                obstructions.                       ship.            masthead light.          attained
                                                                                                                              Annex I, sec. 2(f)              Annex I, sec. 3(a)    Annex I, sec. 3(a)


                                                      *                     *                                *                            *                           *                      *                   *
                                                USS MANCHESTER ..........................................   LCS 14           ..............................           X                      X                  14.5

                                                           *                        *                        *                            *                           *                      *                   *



                                                  Approved: July 25, 2017.                                  through 6 p.m. on September 1, 2017.                           determines that the regulated area need
                                                A.S. Janin,                                                 For purposes of enforcement, actual                            not be enforced for the full duration
                                                Captain, USN, JAGC, Deputy Assistant Judge                  notice will be used from 8 a.m. on July                        stated in this notice of enforcement, he
                                                Advocate, General (Admiralty and Maritime                   31, 2017, through August 2, 2017.                              or she may use a Broadcast Notice to
                                                Law).                                                       FOR FURTHER INFORMATION CONTACT: If                            Mariners to grant general permission to
                                                  Dated: July 27, 2017.                                     you have questions about this notice of                        enter the regulated area. The Captain of
                                                B.D. Corcoran,                                              enforcement, call or email LT John                             the Port Lake Michigan or a designated
                                                Lieutenant, Judge Advocate General’s Corps,                 Ramos Waterways Management                                     on-scene representative may be
                                                U.S. Navy, Alternate Federal Register Liaison               Division, Marine Safety Unit Chicago,                          contacted via Channel 16, VHF–FM or
                                                Officer.                                                    U.S. Coast Guard; telephone 630–986–                           at (414) 747–7182.
                                                [FR Doc. 2017–16257 Filed 8–1–17; 8:45 am]                  2155; email address D09-DG-                                      Dated: July 27, 2017.
                                                BILLING CODE 3810–FF–P                                      MSUChicago-Waterways@uscg.mil.                                 Thomas J. Stuhlreyer,
                                                                                                            SUPPLEMENTARY INFORMATION: The Coast                           Captain, U.S. Coast Guard, Captain of the
                                                                                                            Guard will enforce a segment of the                            Port Lake Michigan.
                                                DEPARTMENT OF HOMELAND                                      Safety Zone; Brandon Road Lock and                             [FR Doc. 2017–16248 Filed 8–1–17; 8:45 am]
                                                SECURITY                                                    Dam to Lake Michigan including Des                             BILLING CODE 9110–04–P
                                                                                                            Plaines River, Chicago Sanitary and
                                                Coast Guard                                                 Ship Canal, Chicago River, Calumet-
                                                                                                            Saganashkee Channel, Chicago, IL,                              DEPARTMENT OF HOMELAND
                                                33 CFR Part 165                                             listed in 33 CFR 165.930. Specifically,                        SECURITY
                                                                                                            the Coast Guard will enforce this safety
                                                [Docket Number USCG–2011–0228]                                                                                             Coast Guard
                                                                                                            zone on all waters of the Chicago
                                                Safety Zone, Brandon Road Lock and                          Sanitary and Ship Canal between Mile
                                                                                                            Marker 296.1 to Mile Marker 296.7.                             33 CFR Part 165
                                                Dam to Lake Michigan Including Des
                                                Plaines River, Chicago Sanitary and                         Enforcement will occur on each Monday                          [Docket Number USCG–2017–0702]
                                                Ship Canal, Chicago River, and                              through Friday from 8 a.m. until 6 p.m.,
                                                                                                                                                                           RIN 1625–AA00
                                                Calumet-Saganashkee Channel,                                from July 31, 2017 through September 1,
                                                Chicago, IL                                                 2017. During the enforcement period, no                        Safety Zone; South Branch of the
                                                                                                            vessel may transit this regulated area                         Chicago River, Chicago, IL
                                                AGENCY:  Coast Guard, DHS.                                  without approval from the Captain of
                                                ACTION: Notice of enforcement of                            the Port Lake Michigan or a Captain of                         AGENCY:    Coast Guard, DHS.
                                                regulation.                                                 the Port Lake Michigan designated                              ACTION:   Temporary final rule.
                                                                                                            representative. Vessels and persons
                                                SUMMARY:   The Coast Guard will enforce                     granted permission to enter the safety                         SUMMARY:   The Coast Guard is
                                                a segment of the Safety Zone; Brandon                       zone shall obey all lawful orders or                           establishing a temporary safety zone on
                                                Road Lock and Dam to Lake Michigan                          directions of the Captain of the Port                          the South Branch of the Chicago River,
                                                including Des Plaines River, Chicago                        Lake Michigan, or his or her on-scene                          Chicago, IL. This action is necessary and
                                                Sanitary and Ship Canal, Chicago River,                     representative.                                                intended to ensure safety of life on the
                                                Calumet-Saganashkee Channel on all                             This notice of enforcement is issued                        navigable waters of the United States
                                                waters of the Chicago Sanitary and Ship                     under the authority of 33 CFR 165.930                          immediately prior to, during, and after
                                                Canal between Mile Marker 296.1 to                          and 5 U.S.C. 552(a). In addition to this                       the filming of a scene for a television
                                                Mile Marker 296.7 at specified times                        publication in the Federal Register, the                       series, where objects will be thrown off
                                                from July 31, 2017 until September 1,                       Captain of the Port Lake Michigan will                         a bridge. Entry of vessels or persons into
                                                2017. This action is necessary to protect                   also provide notice through other                              this zone is prohibited unless
                                                the waterway and vessels from the                           means, which will include Broadcast                            specifically authorized by the Captain of
                                                potential hazards associated with barge                     Notice to Mariners, Local Notice to                            the Port Lake Michigan.
jstallworth on DSKBBY8HB2PROD with RULES




                                                entrainment mitigation trials conducted                     Mariners, distribution in leaflet form,                        DATES: This rule is effective from 8 p.m.
                                                by the U.S. Fish and Wildlife Service at                    and on-scene oral notice. Additionally,                        to 11:59 p.m. on August 4, 2017.
                                                the U.S. Army Corps of Engineer’s                           the Captain of the Port Lake Michigan                          ADDRESSES: To view documents
                                                electric dispersal barrier.                                 may notify representatives from the                            mentioned in this preamble as being
                                                DATES: The regulations in 33 Code of                        maritime industry through telephonic                           available in the docket, go to http://
                                                Federal Regulations (CFR) 165.930 will                      and email notifications. If the Captain of                     www.regulations.gov, type USCG–2017–
                                                be enforced from August 2, 2017,                            the Port or a designated representative                        0702 in the ‘‘SEARCH’’ box and click


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                                                                 Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Rules and Regulations                                        35901

                                                ‘‘SEARCH.’’ Click on Open Docket                           On August 4, 2017, the filming of a                regulatory action,’’ under Executive
                                                Folder on the line associated with this                 scene for a television series, where                  Order 12866. Accordingly, it has not
                                                rule.                                                   objects will be thrown off a bridge will              been reviewed by the Office of
                                                FOR FURTHER INFORMATION CONTACT: If                     take place on the South Branch of the                 Management and Budget.
                                                you have questions about this rule, call                Chicago River on the Cermak Road                         As this rule is not a significant
                                                or email LT John Ramos, Marine Safety                   Bridge. The Captain of the Port Lake                  regulatory action, this rule is exempt
                                                                                                        Michigan has determined that objects                  from the requirements of Executive
                                                Unit Chicago, U.S. Coast Guard;
                                                                                                        being thrown off the bridge will pose a               Order 13771. See OMB’s Memorandum
                                                telephone (630) 986–2155, email D09-
                                                                                                        significant risk to public safety and                 titled ‘‘Interim Guidance Implementing
                                                DG-MSUChicago-Waterways@uscg.mil.
                                                                                                        property. Such hazards include falling                Section 2 of the Executive Order of
                                                SUPPLEMENTARY INFORMATION:                              television props and collisions among                 January 30, 2017 titled ‘Reducing
                                                I. Table of Abbreviations                               passing vessels.                                      Regulation and Controlling Regulatory
                                                                                                                                                              Costs’’’ (February 2, 2017).
                                                CFR Code of Federal Regulations                         IV. Discussion of the Rule                               We conclude that this rule is not a
                                                DHS Department of Homeland Security                       With the aforementioned hazards in                  significant regulatory action because we
                                                FR Federal Register                                     mind, the Captain of the Port Lake                    anticipate that it will have minimal
                                                NPRM Notice of proposed rulemaking
                                                                                                        Michigan has determined that this                     impact on the economy, will not
                                                § Section
                                                U.S.C. United States Code                               temporary safety zone is necessary to                 interfere with other agencies, will not
                                                                                                        ensure the safety of the public during                adversely alter the budget of any grant
                                                II. Background Information and                          the filming of a scene for a television               or loan recipients, and will not raise any
                                                Regulatory History                                      series, where objects will be thrown off              novel legal or policy issues. The safety
                                                   The Coast Guard is issuing this                      the Cermak Road Bridge on the South                   zone created by this rule will be
                                                temporary rule without prior notice and                 Branch of the Chicago River. This safety              relatively small and enforced
                                                opportunity to comment pursuant to                      zone will be enforced intermittently                  intermittently on August 4, 2017 from 8
                                                authority under section 4(a) of the                     from 8 p.m. to 11:59 on August 4, 2017.               p.m. to 11:59 p.m. Under certain
                                                Administrative Procedure Act (APA) (5                   This zone will encompass all waters of                conditions, moreover, vessels may still
                                                U.S.C. 553(b)). This provision                          the South Branch of the Chicago River                 transit through the safety zone when
                                                authorizes an agency to issue a rule                    within a 300 foot radius of the Cermak                permitted by the Captain of the Port.
                                                without prior notice and opportunity to                 Road Bridge in Chicago, IL.                           B. Impact on Small Entities
                                                                                                          Entry into, transiting, or anchoring
                                                comment when the agency for good                                                                                 The Regulatory Flexibility Act of
                                                                                                        within the safety zone is prohibited
                                                cause finds that those procedures are                                                                         1980, 5 U.S.C. 601–612, as amended,
                                                                                                        unless authorized by the Captain of the
                                                ‘‘impracticable, unnecessary, or contrary                                                                     requires Federal agencies to consider
                                                                                                        Port Lake Michigan, or a designated on-
                                                to public interest.’’ Under 5 U.S.C.                                                                          the potential impact of regulations on
                                                                                                        scene representative. The Captain of the
                                                553(b)(B), the Coast Guard finds that                                                                         small entities during rulemaking. The
                                                                                                        Port or a designated on-scene
                                                good cause exists for not publishing a                                                                        term ‘‘small entities’’ comprises small
                                                                                                        representative may be contacted via
                                                notice of proposed rulemaking (NPRM)                                                                          businesses, not-for-profit organizations
                                                                                                        VHF Channel 16 or at (414) 747–7182.
                                                with respect to this rule because doing                                                                       that are independently owned and
                                                so would be impracticable. The Coast                    V. Regulatory Analyses                                operated and are not dominant in their
                                                Guard did not receive the final details                   We developed this rule after                        fields, and governmental jurisdictions
                                                for this event until there was                          considering numerous statutes and                     with populations of less than 50,000.
                                                insufficient time remaining before the                  Executive Orders related to rulemaking.               The Coast Guard certifies under 5 U.S.C.
                                                event to publish a NPRM. Thus,                          Below we summarize our analyses                       605(b) that this rule will not have a
                                                delaying the effective date of this rule to             based on a number of these statutes and               significant economic impact on a
                                                wait for a comment period to run would                  Executive Orders, and we discuss First                substantial number of small entities.
                                                be impracticable because it would                       Amendment rights of protestors.                          Under the Regulatory Flexibility Act
                                                inhibit the Coast Guard’s ability to                                                                          (5 U.S.C. 601–612), we have considered
                                                protect the public and vessels from the                 A. Regulatory Planning and Review
                                                                                                                                                              the impact of this temporary rule on
                                                hazards associated with the filming of a                   Executive Orders 12866 and 13563                   small entities. This rule will affect the
                                                scene for a television series, where                    direct agencies to assess the costs and               following entities, some of which might
                                                objects will be thrown off a bridge on                  benefits of available regulatory                      be small entities: The owners or
                                                August 4, 2017.                                         alternatives and, if regulation is                    operators of vessels intending to transit
                                                   We are issuing this rule, and under 5                necessary, to select regulatory                       on a portion of the South Branch of the
                                                U.S.C. 553(d)(3), the Coast Guard finds                 approaches that maximize net benefits.                Chicago River on August 4, 2017 from
                                                that good cause exists for making this                  Executive Order 13563 emphasizes the                  8 p.m. to 11:59 p.m.
                                                temporary rule effective less than 30                   importance of quantifying both costs                     This safety zone will not have a
                                                days after publication in the Federal                   and benefits, of reducing costs, of                   significant economic impact on a
                                                Register. For the same reasons                          harmonizing rules, and of promoting                   substantial number of small entities for
                                                discussed in the preceding paragraph,                   flexibility. Executive Order 13771                    the reasons cited in the Regulatory
                                                waiting for a 30 day notice period to run               (‘‘Reducing Regulation and Controlling                Planning and Review section.
                                                would be impracticable.                                 Regulatory Costs’’), directs agencies to              Additionally, before the enforcement of
                                                                                                        reduce regulation and control regulatory              the zone, we will issue local Broadcast
                                                III. Legal Authority and Need for Rule
jstallworth on DSKBBY8HB2PROD with RULES




                                                                                                        costs and provides that ‘‘for every one               Notice to Mariners and Local Notice to
                                                  The legal basis for the rule is the                   new regulation issued, at least two prior             Mariners so vessel owners and operators
                                                Coast Guard’s authority to establish                    regulations be identified for elimination,            can plan accordingly.
                                                safety zones: 33 U.S.C. 1231; 50 U.S.C.                 and that the cost of planned regulations                 Under section 213(a) of the Small
                                                191; 33 CFR 1.05–1, 6.04–1, 6.04–6 and                  be prudently managed and controlled                   Business Regulatory Enforcement
                                                160.5; Department of Homeland                           through a budgeting process.’’ This rule              Fairness Act of 1996 (Pub. L. 104–121),
                                                Security Delegation No. 0170.1.                         has not been designated a ‘‘significant               we want to assist small entities in


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                                                35902            Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Rules and Regulations

                                                understanding this rule. If the rule                    their discretionary regulatory actions. In            Department of Homeland Security Delegation
                                                would affect your small business,                       particular, the Act addresses actions                 No. 0170.1.
                                                organization, or governmental                           that may result in the expenditure by a               ■ 2. Add § 165.T09–0702 to read as
                                                jurisdiction and you have questions                     State, local, or tribal government, in the            follows:
                                                concerning its provisions or options for                aggregate, or by the private sector of
                                                compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              § 165.T09–0702 Safety Zone; South Branch
                                                listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                of the Chicago River, Chicago, IL.
                                                CONTACT section.                                        will not result in such an expenditure,                  (a) Location. All U.S. navigable waters
                                                   Small businesses may send comments                   we do discuss the effects of this rule                of the South Branch of the Chicago
                                                on the actions of Federal employees                     elsewhere in this preamble.                           River, within a 300 foot radius of the
                                                who enforce, or otherwise determine                                                                           Cermak Road Bridge in Chicago, IL.
                                                compliance with, Federal regulations to                 F. Environment
                                                                                                                                                                 (b) Enforcement period. This rule will
                                                the Small Business and Agriculture                         We have analyzed this rule under                   be enforced on August 4, 2017 from 8
                                                Regulatory Enforcement Ombudsman                        Department of Homeland Security                       p.m. to 11:59 p.m.
                                                and the Regional Small Business                         Management Directive 023–01 and                          (c) Regulations. (1) In accordance with
                                                Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                     the general regulations in § 165.23, entry
                                                Ombudsman evaluates these actions                       which guide the Coast Guard in                        into, transiting, or anchoring within this
                                                annually and rates each agency’s                        complying with the National                           safety zone is prohibited unless
                                                responsiveness to small business. If you                Environmental Policy Act of 1969 (42                  authorized by the Captain of the Port
                                                wish to comment on actions by                           U.S.C. 4321–4370f), and have                          Lake Michigan or a designated on-scene
                                                employees of the Coast Guard, call 1–                   determined that this action is one of a               representative.
                                                888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                          (2) This safety zone is closed to all
                                                Coast Guard will not retaliate against                  individually or cumulatively have a                   vessel traffic, except as may be
                                                small entities that question or complain                significant effect on the human                       permitted by the Captain of the Port
                                                about this rule or any policy or action                 environment. This rule involves the                   Lake Michigan or a designated on-scene
                                                of the Coast Guard.                                     establishment of a safety zone for the                representative.
                                                                                                        filming of a scene for a television series,              (3) The ‘‘on-scene representative’’ of
                                                C. Collection of Information                            where objects will be thrown off the                  the Captain of the Port Lake Michigan
                                                  This rule will not call for a new                     bridge on the South Branch of the                     is any Coast Guard commissioned,
                                                collection of information under the                     Chicago River in Chicago, IL. It is                   warrant or petty officer who has been
                                                Paperwork Reduction Act of 1995 (44                     categorically excluded from further                   designated by the Captain of the Port
                                                U.S.C. 3501–3520).                                      review under paragraph 34(g) of Figure                Lake Michigan to act on his or her
                                                D. Federalism and Indian Tribal                         2–1 of the Commandant Instruction. A                  behalf.
                                                Governments                                             Record of Environmental Consideration                    (4) Vessel operators desiring to enter
                                                                                                        (REC) supporting this determination is                or operate within the safety zone shall
                                                   A rule has implications for federalism               available in the docket where indicated               contact the Captain of the Port Lake
                                                under Executive Order 13132,                            in the ADDRESSES section of this                      Michigan or an on-scene representative
                                                Federalism, if it has a substantial direct              preamble. We seek any comments or                     to obtain permission to do so. The
                                                effect on the States, on the relationship               information that may lead to the                      Captain of the Port Lake Michigan or an
                                                between the national government and                     discovery of a significant environmental              on-scene representative may be
                                                the States, or on the distribution of                   impact from this rule.                                contacted via VHF Channel 16 or at
                                                power and responsibilities among the
                                                                                                        G. Protest Activities                                 (414) 747–7182. Vessel operators given
                                                various levels of government. We have
                                                                                                                                                              permission to enter or operate in the
                                                analyzed this rule under that Order and                   The Coast Guard respects the First                  safety zone must comply with all
                                                have determined that it is consistent                   Amendment rights of protesters.                       directions given to them by the Captain
                                                with the fundamental federalism                         Protesters are asked to contact the                   of the Port Lake Michigan, or an on-
                                                principles and preemption requirements                  person listed in the FOR FURTHER                      scene representative.
                                                described in Executive Order 13132.                     INFORMATION CONTACT section to
                                                   Also, this rule does not have tribal                 coordinate protest activities so that your              Dated: July 27, 2017.
                                                implications under Executive Order                      message can be received without                       Thomas J. Stuhlreyer,
                                                13175, Consultation and Coordination                    jeopardizing the safety or security of                Captain, U.S. Coast Guard, Captain of the
                                                with Indian Tribal Governments,                         people, places or vessels.                            Port, Lake Michigan.
                                                because it does not have a substantial                                                                        [FR Doc. 2017–16253 Filed 8–1–17; 8:45 am]
                                                direct effect on one or more Indian                     List of Subjects in 33 CFR Part 165
                                                                                                                                                              BILLING CODE 9110–04–P
                                                tribes, on the relationship between the                   Harbors, Marine safety, Navigation
                                                Federal Government and Indian tribes,                   (water), Reporting and recordkeeping
                                                or on the distribution of power and                     requirements, Security measures,                      DEPARTMENT OF VETERANS
                                                responsibilities between the Federal                    Waterways.                                            AFFAIRS
                                                Government and Indian tribes. If you                      For the reasons discussed in the
                                                believe this rule has implications for                  preamble, the Coast Guard amends 33                   38 CFR Part 36
                                                federalism or Indian tribes, please                     CFR parts 165 as follows:                             RIN 2900–AP32
                                                contact the person listed in the FOR
jstallworth on DSKBBY8HB2PROD with RULES




                                                FURTHER INFORMATION CONTACT section                     PART 165—REGULATED NAVIGATION                         Loan Guaranty: Vendee Loan Fees
                                                above.                                                  AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                              AGENCY:    Department of Veterans Affairs.
                                                E. Unfunded Mandates Reform Act                         ■ 1. The authority citation for part 165
                                                                                                                                                              ACTION:   Final rule.
                                                  The Unfunded Mandates Reform Act                      continues to read as follows:
                                                of 1995 (2 U.S.C. 1531–1538) requires                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           SUMMARY: This document adopts as final
                                                Federal agencies to assess the effects of               33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             a proposed rule of the Department of


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Document Created: 2017-08-02 07:10:09
Document Modified: 2017-08-02 07:10:09
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 8 p.m. to 11:59 p.m. on August 4, 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 35900 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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