83_FR_32019 83 FR 31887 - Safety Zone; Lake Michigan, North Avenue Beach, Chicago, IL

83 FR 31887 - Safety Zone; Lake Michigan, North Avenue Beach, Chicago, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 132 (July 10, 2018)

Page Range31887-31889
FR Document2018-14760

The Coast Guard is establishing a temporary safety zone on Lake Michigan near North Avenue Beach in Chicago, IL. This temporary safety zone is necessary to protect spectators, participants, and vessels from potential hazards associated with a jetpack demonstration. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or a designated representative.

Federal Register, Volume 83 Issue 132 (Tuesday, July 10, 2018)
[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Rules and Regulations]
[Pages 31887-31889]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14760]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0504]
RIN 1625-AA00


Safety Zone; Lake Michigan, North Avenue Beach, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 31888]]

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Michigan near North Avenue Beach in Chicago, IL. This temporary 
safety zone is necessary to protect spectators, participants, and 
vessels from potential hazards associated with a jetpack demonstration. 
Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Lake Michigan 
or a designated representative.

DATES: This rule is effective from 5 p.m. on July 19, 2018 through 
12:50 p.m. on July 20, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0504 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, or 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 the 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 of this jetpack 
demonstration in time to publish an NPRM. As such, it is impracticable 
to publish an NPRM because we lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would inhibit the Coast Guard's ability to protect 
participants, mariners and vessels from the hazards associated with 
this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. A jetpack demonstration will be conducted at North Avenue Beach 
in Chicago, IL on July 19 from 5 p.m. through 6:15 p.m. on July 19, 
2018; with a rain date of July 20, 2018 from 11:45 a.m. to 12:50 p.m. 
The COTP has determined that the potential hazards associated with the 
jetpack demonstration pose a significant risk to public safety and 
property. Specifically, hazards include potential for collision with 
spectators, fires and/or explosions from mechanical malfunctions. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
jetpack demonstration takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5 p.m. through 6:15 p.m. 
on July 19, 2018; with a rain date of July 20, 2018 from 11:45 a.m. 
through 12:50 p.m. The safety zone will encompass all navigable waters 
of Lake Michigan near North Avenue Beach, bounded by a line drawn from 
the shore at 41[deg]55.008 N, 087[deg]37.564 W, then northeast to 
41[deg]55.068 N, 087[deg]37.480 W, then southeast to 41[deg]54.899 N, 
087[deg]37.151 W, then southwest back to the shore at 41[deg]54.826 N, 
087[deg]37.214 W. The duration of the zone is intended to protect 
personnel and vessels in these navigable waters during the jet pack 
demonstration. 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    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 on one day from 5 p.m. through 6:15 p.m. 
on July 19, 2018; with a rain date of July 20, 2018 from 11:45 a.m. 
through 12:50 p.m. Under certain conditions, moreover, vessels may 
still transit through the safety zone when permitted by the Captain of 
the Port Lake Michigan.

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.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of the zone, we will issue local Broadcast Notice to 
Mariners and Local Notice to Mariners so vessel owners and operators 
can plan accordingly.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for

[[Page 31889]]

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 
Directive 023-01, which guides 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 establishment of a safety zone on 
Lake Michigan near North Avenue Beach in Chicago, IL that will last 
between one and two hours and will prohibit entry into a designated 
area. It is categorically excluded from further review under paragraph 
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

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 part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T09-0504 to read as follows:


Sec.  165.T09-0504  Safety Zone; Lake Michigan, North Avenue Beach, 
Chicago, IL.

    (a) Location. All navigable waters of Lake Michigan near North 
Avenue Beach, bounded by a line drawn from the shore at 41[deg]55.008 
N, 087[deg]37.564 W, then northeast to 41[deg]55.068 N, 087[deg]37.480 
W, then southeast to 41[deg]54.899 N, 087[deg]37.151 W, then southwest 
back to the shore at 41[deg]54.826 N, 087[deg]37.214 W.
    (b) Enforcement period. This regulation will be enforced from 5 
p.m. through 6:15 p.m. on July 19, 2018; with a rain date of July 20, 
2018 from 11:45 a.m. through 12:50 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Lake Michigan or a designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Lake Michigan or a designated 
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port Lake 
Michigan is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Lake Michigan to act on 
his or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Lake Michigan or an on-scene 
representative to obtain permission to do so. The Captain of the Port 
Lake Michigan or an on-scene representative may be contacted via VHF 
Channel 16 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: June 18, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2018-14760 Filed 7-9-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations                                               31887

                                           DEPARTMENT OF HOMELAND                                   Michigan, or his or her designated on-                DATES:  The regulation in 33 CFR
                                           SECURITY                                                 scene representative to enter, move                   165.932 will be enforced from 6 a.m.
                                                                                                    within, or exit this safety zone during               through 11 a.m. on July 21, 2018.
                                           Coast Guard                                              the enforcement times listed in this                  FOR FURTHER INFORMATION CONTACT: If
                                                                                                    notice of enforcement. Requests must be               you have questions about this notice of
                                           33 CFR Part 165                                          made in advance and approved by the                   enforcement, call or email LT John
                                           [Docket No. USCG–2018–0515]                              Captain of the Port before transits will              Ramos, Waterways Management
                                                                                                    be authorized. Approvals will be                      Division, Marine Safety Unit Chicago,
                                           Safety Zones; Annual Events                              granted on a case-by-case basis. Vessels              U.S. Coast Guard; telephone (630) 986–
                                           Requiring Safety Zones in the Captain                    and persons granted permission to enter               2155, email D09-DG-MSUChicago-
                                           of the Port Lake Michigan Zone—                          the safety zone shall obey all lawful                 Waterways@uscg.mil.
                                           Chicago Air and Water Show                               orders or directions of the Captain of the            SUPPLEMENTARY INFORMATION: The Coast
                                                                                                    Port Lake Michigan, or his or her on-                 Guard will enforce Safety Zone; Ohio
                                           AGENCY:  Coast Guard, DHS.                               scene representative.                                 Street Beach Swim Course, Chicago
                                           ACTION: Notice of enforcement of                           This notice of enforcement is issued                Harbor, Chicago, IL listed in 33 CFR
                                           regulation.                                              under authority of 33 CFR 165.929,                    165.932 from 6 a.m. through 11 a.m. on
                                           SUMMARY:    The Coast Guard will enforce                 Safety Zones; Annual events requiring                 July 21, 2018 for an annual swim event.
                                           a safety zone for the Chicago Air and                    safety zones in the Captain of the Port               This safety zone encompasses all waters
                                           Water Show on a portion of Lake                          Lake Michigan zone, and 5 U.S.C.                      bound by a line drawn from 41°53.7767′
                                           Michigan, from August 16, 2018 through                   552(a). In addition to this publication in            N, 087°36.48′ W then North to
                                           August 19, 2018. This action is intended                 the Federal Register, the Coast Guard                 41°53.9517′ N, 087°36.505′ W then
                                           to ensure the safety of life on the                      will provide the maritime community                   Northwest to 41°54.1533′ N,
                                           navigable waterway immediately before,                   with advance notification of this                     087°36.6933′ W then Southwest to
                                           during, and after this event. During the                 enforcement period via Broadcast                      41°54.065′ N, 087°37.1517′ W then
                                           enforcement period listed below, no                      Notice to Mariners and Local Notice to                Southeast to 41°53.6033′ N,
                                           vessel may transit this safety zone                      Mariners. The Captain of the Port Lake                087°36.8333′ W then East to 41°53.6317′
                                           without approval from the Captain of                     Michigan or a designated on-scene                     N, 087°36.7017′ W and then along the
                                           the Port Lake Michigan or a designated                   representative may be contacted via                   shoreline back to the point of origin
                                           representative.                                          VHF Channel 16 or (414) 747–7182.                     (NAD83). Entry into, transiting, or
                                                                                                      Dated: June 13, 2018.
                                                                                                                                                          anchoring within the safety zone is
                                           DATES: The regulations in 33 CFR
                                                                                                                                                          prohibited unless authorized by the
                                           165.929 will be enforced for the location                Thomas J. Stuhlreyer,
                                                                                                                                                          Captain of the Port Lake Michigan or a
                                           listed in item (f)(9) in Table 165.929 to                Captain, U.S. Coast Guard, Captain of the             designated on-scene representative.
                                           33 CFR 165.929 from 11 a.m. until 4                      Port Lake Michigan.                                     This notice of enforcement is issued
                                           p.m. on August 16, 2018; and from 8                      [FR Doc. 2018–14758 Filed 7–9–18; 8:45 am]            under authority of 33 CFR 165.931 and
                                           a.m. to 4 p.m. from August 17, 2018                      BILLING CODE 9110–04–P                                5 U.S.C. 552(a). In addition to this
                                           through August 19, 2018.                                                                                       notice in the Federal Register, the Coast
                                           FOR FURTHER INFORMATION CONTACT: If                                                                            Guard will provide the maritime
                                           you have questions about this notice of                  DEPARTMENT OF HOMELAND                                community with advance notification of
                                           enforcement, call or email LT John                       SECURITY                                              this safety zone via Broadcast Notice to
                                           Ramos, Waterways Management                                                                                    Mariners and Local Notice to Mariners.
                                           Division, Marine Safety Unit Chicago, at                 Coast Guard
                                                                                                                                                          The Captain of the Port Lake Michigan
                                           630–986–2155, email address D09-DG-                                                                            or a designated on-scene representative
                                           MSUChicago-Waterways@uscg.mil.                           33 CFR Part 165
                                                                                                                                                          may be contacted via Channel 16, VHF–
                                           SUPPLEMENTARY INFORMATION: The Coast                                                                           FM or at (414) 747–7182.
                                           Guard will enforce the Safety Zone;                      [Docket No. USCG–2018–0464]
                                                                                                                                                            Dated: June 20, 2018.
                                           Chicago Air and Water Show listed as                                                                           Thomas J. Stuhlreyer,
                                                                                                    Safety Zone; Ohio Street Beach Swim
                                           item (f)(9) in Table 165.929 of 33 CFR                                                                         Captain, U.S. Coast Guard, Captain of the
                                                                                                    Course, Chicago Harbor, Chicago, IL
                                           165.929. Section 165.929 lists many                                                                            Port Lake Michigan.
                                           annual events requiring safety zones in                  AGENCY:    Coast Guard, DHS.                          [FR Doc. 2018–14759 Filed 7–9–18; 8:45 am]
                                           the Captain of the Port Lake Michigan
                                                                                                                                                          BILLING CODE 9110–04–P
                                           zone. This safety zone encompasses all                   ACTION: Notice of enforcement of
                                           waters and adjacent shoreline of Lake                    regulation.
                                           Michigan and Chicago Harbor bounded                                                                            DEPARTMENT OF HOMELAND
                                           by a line drawn from 41°55.900′ N at the                 SUMMARY:   The Coast Guard will enforce               SECURITY
                                           shoreline, then east to 41°55.900′ N,                    the safety zone on Lake Michigan in
                                           087°37.200′ W, then southeast to                         Chicago Harbor, near the Ohio Street                  Coast Guard
                                           41°54.000′ N, 087°36.000′ W, then                        Beach in Chicago, IL on July 21, 2018.
                                           southwestward to the northeast corner                    This action is necessary and intended to              33 CFR Part 165
                                           of the Jardine Water Filtration Plant,                   ensure the safety of life and property on
                                                                                                                                                          [Docket Number USCG–2018–0504]
                                           then due west to the shore. This safety                  navigable waters prior to, during, and
                                           zone will be enforced from August 16,                    immediately after this annual swim                    RIN 1625–AA00
amozie on DSK3GDR082PROD with RULES




                                           2018 through August 19, 2018, from 11                    event. During the enforcement period,
                                           a.m. until 4 p.m. on August 16, 2018;                    entry into, transiting, or anchoring                  Safety Zone; Lake Michigan, North
                                           and from 8 a.m. to 4 p.m. from August                    within the safety zone is prohibited                  Avenue Beach, Chicago, IL
                                           17, 2018 through August 19, 2018.                        unless authorized by the Captain of the               AGENCY:    Coast Guard, DHS.
                                              All vessels must obtain permission                    Port Lake Michigan or a designated
                                                                                                                                                          ACTION:   Temporary final rule.
                                           from the Captain of the Port Lake                        representative.


                                      VerDate Sep<11>2014   16:38 Jul 09, 2018   Jkt 244001   PO 00000   Frm 00047   Fmt 4700   Sfmt 4700   E:\FR\FM\10JYR1.SGM   10JYR1


                                           31888               Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations

                                           SUMMARY:   The Coast Guard is                            making this rule effective less than 30               benefits of available regulatory
                                           establishing a temporary safety zone on                  days after publication in the Federal                 alternatives and, if regulation is
                                           Lake Michigan near North Avenue                          Register. Delaying the effective date of              necessary, to select regulatory
                                           Beach in Chicago, IL. This temporary                     this rule would inhibit the Coast                     approaches that maximize net benefits.
                                           safety zone is necessary to protect                      Guard’s ability to protect participants,              Executive Order 13771 directs agencies
                                           spectators, participants, and vessels                    mariners and vessels from the hazards                 to control regulatory costs through a
                                           from potential hazards associated with a                 associated with this event.                           budgeting process. This rule has not
                                           jetpack demonstration. Entry into,                                                                             been designated a ‘‘significant
                                           transiting, or anchoring within the                      III. Legal Authority and Need for Rule                regulatory action,’’ under Executive
                                           safety zone is prohibited unless                            The Coast Guard is issuing this rule               Order 12866. Accordingly, this rule has
                                           authorized by the Captain of the Port                    under authority in 33 U.S.C. 1231. A                  not been reviewed by the Office of
                                           Lake Michigan or a designated                            jetpack demonstration will be                         Management and Budget (OMB), and
                                           representative.                                          conducted at North Avenue Beach in                    pursuant to OMB guidance it is exempt
                                           DATES: This rule is effective from 5 p.m.
                                                                                                    Chicago, IL on July 19 from 5 p.m.                    from the requirements of Executive
                                           on July 19, 2018 through 12:50 p.m. on                   through 6:15 p.m. on July 19, 2018; with              Order 13771.
                                           July 20, 2018.                                           a rain date of July 20, 2018 from 11:45                  We conclude that this rule is not a
                                                                                                    a.m. to 12:50 p.m. The COTP has                       significant regulatory action because we
                                           ADDRESSES: To view documents
                                                                                                    determined that the potential hazards                 anticipate that it will have minimal
                                           mentioned in this preamble as being
                                                                                                    associated with the jetpack                           impact on the economy, will not
                                           available in the docket, go to http://
                                                                                                    demonstration pose a significant risk to              interfere with other agencies, will not
                                           www.regulations.gov, type USCG–2018–
                                                                                                    public safety and property. Specifically,             adversely alter the budget of any grant
                                           0504 in the ‘‘SEARCH’’ box and click
                                                                                                    hazards include potential for collision               or loan recipients, and will not raise any
                                           ‘‘SEARCH.’’ Click on Open Docket
                                                                                                    with spectators, fires and/or explosions              novel legal or policy issues. The safety
                                           Folder on the line associated with this
                                                                                                    from mechanical malfunctions. This                    zone created by this rule will be
                                           rule.
                                                                                                    rule is needed to protect personnel,                  relatively small and enforced on one
                                           FOR FURTHER INFORMATION CONTACT: If                                                                            day from 5 p.m. through 6:15 p.m. on
                                                                                                    vessels, and the marine environment in
                                           you have questions about this rule, call                                                                       July 19, 2018; with a rain date of July
                                                                                                    the navigable waters within the safety
                                           or email LT John Ramos, Marine Safety                                                                          20, 2018 from 11:45 a.m. through 12:50
                                                                                                    zone while the jetpack demonstration
                                           Unit Chicago, U.S. Coast Guard;                                                                                p.m. Under certain conditions,
                                                                                                    takes place.
                                           telephone (630) 986–2155, or email D09-                                                                        moreover, vessels may still transit
                                           DG-MSUChicago-Waterways@uscg.mil.                        IV. Discussion of the Rule                            through the safety zone when permitted
                                           SUPPLEMENTARY INFORMATION:                                 This rule establishes a safety zone                 by the Captain of the Port Lake
                                           I. Table of Abbreviations                                from 5 p.m. through 6:15 p.m. on July                 Michigan.
                                                                                                    19, 2018; with a rain date of July 20,
                                           CFR Code of Federal Regulations                                                                                B. Impact on Small Entities
                                                                                                    2018 from 11:45 a.m. through 12:50 p.m.
                                           DHS Department of Homeland Security                                                                               The Regulatory Flexibility Act of
                                           FR Federal Register
                                                                                                    The safety zone will encompass all
                                                                                                    navigable waters of Lake Michigan near                1980, 5 U.S.C. 601–612, as amended,
                                           NPRM Notice of proposed rulemaking
                                           § Section                                                North Avenue Beach, bounded by a line                 requires Federal agencies to consider
                                           U.S.C. United States Code                                drawn from the shore at 41°55.008 N,                  the potential impact of regulations on
                                                                                                    087°37.564 W, then northeast to                       small entities during rulemaking. The
                                           II. Background Information and                           41°55.068 N, 087°37.480 W, then                       term ‘‘small entities’’ comprises small
                                           Regulatory History                                       southeast to 41°54.899 N, 087°37.151 W,               businesses, not-for-profit organizations
                                              The Coast Guard is issuing this                       then southwest back to the shore at                   that are independently owned and
                                           temporary rule without prior notice and                  41°54.826 N, 087°37.214 W. The                        operated and are not dominant in their
                                           opportunity to comment pursuant to                       duration of the zone is intended to                   fields, and governmental jurisdictions
                                           authority under section 4(a) of the                      protect personnel and vessels in these                with populations of less than 50,000.
                                           Administrative Procedure Act (APA) (5                    navigable waters during the jet pack                  The Coast Guard certifies under 5 U.S.C.
                                           U.S.C. 553(b)). This provision                           demonstration. Entry into, transiting, or             605(b) that this rule will not have a
                                           authorizes an agency to issue a rule                     anchoring within the safety zone is                   significant economic impact on a
                                           without prior notice and opportunity to                  prohibited unless authorized by the                   substantial number of small entities.
                                           comment when the agency for good                         Captain of the Port Lake Michigan, or a                  This safety zone will not have a
                                           cause finds that those procedures are                    designated on-scene representative. The               significant economic impact on a
                                           ‘‘impracticable, unnecessary, or contrary                Captain of the Port or a designated on-               substantial number of small entities for
                                           to the public interest.’’ Under 5 U.S.C.                 scene representative may be contacted                 the reasons cited in the Regulatory
                                           553(b)(B), the Coast Guard finds that                    via VHF Channel 16 or at (414) 747–                   Planning and Review section.
                                           good cause exists for not publishing a                   7182.                                                 Additionally, before the enforcement of
                                           notice of proposed rulemaking (NPRM)                                                                           the zone, we will issue local Broadcast
                                           with respect to this rule because doing                  V. Regulatory Analyses                                Notice to Mariners and Local Notice to
                                           so would be impracticable. The Coast                       We developed this rule after                        Mariners so vessel owners and operators
                                           Guard did not receive the final details                  considering numerous statutes and                     can plan accordingly.
                                           of this jetpack demonstration in time to                 Executive Orders related to rulemaking.                  Under section 213(a) of the Small
                                           publish an NPRM. As such, it is                          Below we summarize our analyses                       Business Regulatory Enforcement
                                           impracticable to publish an NPRM                         based on a number of these statutes and               Fairness Act of 1996 (Pub. L. 104–121),
amozie on DSK3GDR082PROD with RULES




                                           because we lack sufficient time to                       Executive Orders, and we discuss First                we want to assist small entities in
                                           provide a reasonable comment period                      Amendment rights of protestors.                       understanding this rule. If the rule
                                           and then consider those comments                                                                               would affect your small business,
                                           before issuing the rule.                                 A. Regulatory Planning and Review                     organization, or governmental
                                              Under 5 U.S.C. 553(d)(3), the Coast                     Executive Orders 12866 and 13563                    jurisdiction and you have questions
                                           Guard finds that good cause exists for                   direct agencies to assess the costs and               concerning its provisions or options for


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                                                               Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations                                               31889

                                           compliance, please contact the person                    $100,000,000 (adjusted for inflation) or              the shore at 41°55.008 N, 087°37.564 W,
                                           listed in the FOR FURTHER INFORMATION                    more in any one year. Though this rule                then northeast to 41°55.068 N,
                                           CONTACT section.                                         will not result in such an expenditure,               087°37.480 W, then southeast to
                                              Small businesses may send comments                    we do discuss the effects of this rule                41°54.899 N, 087°37.151 W, then
                                           on the actions of Federal employees                      elsewhere in this preamble.                           southwest back to the shore at 41°54.826
                                           who enforce, or otherwise determine                                                                            N, 087°37.214 W.
                                           compliance with, Federal regulations to                  F. Environment
                                                                                                                                                             (b) Enforcement period. This
                                           the Small Business and Agriculture                         We have analyzed this rule under                    regulation will be enforced from 5 p.m.
                                           Regulatory Enforcement Ombudsman                         Department of Homeland Security                       through 6:15 p.m. on July 19, 2018; with
                                           and the Regional Small Business                          Directive 023–01, which guides the                    a rain date of July 20, 2018 from 11:45
                                           Regulatory Fairness Boards. The                          Coast Guard in complying with the                     a.m. through 12:50 p.m.
                                           Ombudsman evaluates these actions                        National Environmental Policy Act of                     (c) Regulations. (1) In accordance with
                                           annually and rates each agency’s                         1969 (42 U.S.C. 4321–4370f), and have                 the general regulations in § 165.23 of
                                           responsiveness to small business. If you                 determined that this action is one of a               this part, entry into, transiting, or
                                           wish to comment on actions by                            category of actions that do not                       anchoring within this safety zone is
                                           employees of the Coast Guard, call 1–                    individually or cumulatively have a                   prohibited unless authorized by the
                                           888–REG–FAIR (1–888–734–3247). The                       significant effect on the human                       Captain of the Port Lake Michigan or a
                                           Coast Guard will not retaliate against                   environment. This rule involves                       designated on-scene representative.
                                           small entities that question or complain                 establishment of a safety zone on Lake                   (2) This safety zone is closed to all
                                           about this rule or any policy or action                  Michigan near North Avenue Beach in                   vessel traffic, except as may be
                                           of the Coast Guard.                                      Chicago, IL that will last between one                permitted by the Captain of the Port
                                                                                                    and two hours and will prohibit entry                 Lake Michigan or a designated on-scene
                                           C. Collection of Information
                                                                                                    into a designated area. It is categorically           representative.
                                             This rule will not call for a new                      excluded from further review under                       (3) The ‘‘on-scene representative’’ of
                                           collection of information under the                      paragraph L60(a) of Appendix A, Table                 the Captain of the Port Lake Michigan
                                           Paperwork Reduction Act of 1995 (44                      1 of DHS Instruction Manual 023–01–                   is any Coast Guard commissioned,
                                           U.S.C. 3501–3520).                                       001–01, Rev. 01. A Record of                          warrant or petty officer who has been
                                           D. Federalism and Indian Tribal                          Environmental Consideration                           designated by the Captain of the Port
                                           Governments                                              supporting this determination is                      Lake Michigan to act on his or her
                                                                                                    available in the docket where indicated               behalf.
                                              A rule has implications for federalism                under ADDRESSES.                                         (4) Vessel operators desiring to enter
                                           under Executive Order 13132,
                                                                                                    G. Protest Activities                                 or operate within the safety zone shall
                                           Federalism, if it has a substantial direct
                                                                                                                                                          contact the Captain of the Port Lake
                                           effect on the States, on the relationship                  The Coast Guard respects the First                  Michigan or an on-scene representative
                                           between the national government and                      Amendment rights of protesters.                       to obtain permission to do so. The
                                           the States, or on the distribution of                    Protesters are asked to contact the                   Captain of the Port Lake Michigan or an
                                           power and responsibilities among the                     person listed in the FOR FURTHER                      on-scene representative may be
                                           various levels of government. We have                    INFORMATION CONTACT section to                        contacted via VHF Channel 16 or at
                                           analyzed this rule under that Order and                  coordinate protest activities so that your            (414) 747–7182. Vessel operators given
                                           have determined that it is consistent                    message can be received without                       permission to enter or operate in the
                                           with the fundamental federalism                          jeopardizing the safety or security of                safety zone must comply with all
                                           principles and preemption requirements                   people, places or vessels.                            directions given to them by the Captain
                                           described in Executive Order 13132.
                                              Also, this rule does not have tribal                  List of Subjects in 33 CFR Part 165                   of the Port Lake Michigan, or an on-
                                           implications under Executive Order                                                                             scene representative.
                                                                                                      Harbors, Marine safety, Navigation
                                           13175, Consultation and Coordination                     (water), Reporting and recordkeeping                    Dated: June 18, 2018.
                                           with Indian Tribal Governments,                          requirements, Security measures,                      Thomas J. Stuhlreyer,
                                           because it does not have a substantial                   Waterways.                                            Captain, U.S. Coast Guard, Captain of the
                                           direct effect on one or more Indian                        For the reasons discussed in the                    Port Lake Michigan.
                                           tribes, on the relationship between the                  preamble, the Coast Guard amends 33                   [FR Doc. 2018–14760 Filed 7–9–18; 8:45 am]
                                           Federal Government and Indian tribes,                    CFR part 165 as follows:                              BILLING CODE 9110–04–P
                                           or on the distribution of power and
                                           responsibilities between the Federal                     PART 165—REGULATED NAVIGATION
                                           Government and Indian tribes. If you                     AREAS AND LIMITED ACCESS AREAS                        DEPARTMENT OF HOMELAND
                                           believe this rule has implications for                                                                         SECURITY
                                           federalism or Indian tribes, please                      ■ 1. The authority citation for part 165
                                           contact the person listed in the FOR                     continues to read as follows:                         Coast Guard
                                           FURTHER INFORMATION CONTACT section                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           above.                                                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             33 CFR Part 165
                                                                                                    Department of Homeland Security Delegation            [Docket Number USCG–2018–0634]
                                           E. Unfunded Mandates Reform Act                          No. 0170.1.
                                             The Unfunded Mandates Reform Act                                                                             RIN 1625–AA00
                                                                                                    ■ 2. Add § 165.T09–0504 to read as
                                           of 1995 (2 U.S.C. 1531–1538) requires
amozie on DSK3GDR082PROD with RULES




                                                                                                    follows:                                              Safety Zone; Barge PFE–LB444, San
                                           Federal agencies to assess the effects of
                                           their discretionary regulatory actions. In               § 165.T09–0504 Safety Zone; Lake                      Joaquin River, Blackslough Landing,
                                           particular, the Act addresses actions                    Michigan, North Avenue Beach, Chicago, IL.            CA
                                           that may result in the expenditure by a                    (a) Location. All navigable waters of               AGENCY:    Coast Guard, DHS.
                                           State, local, or tribal government, in the               Lake Michigan near North Avenue
                                                                                                                                                          ACTION:   Temporary final rule.
                                           aggregate, or by the private sector of                   Beach, bounded by a line drawn from


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Document Created: 2018-11-06 10:18:46
Document Modified: 2018-11-06 10:18:46
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 5 p.m. on July 19, 2018 through 12:50 p.m. on July 20, 2018.
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, or email D09-DG-MSUChicago- [email protected]
FR Citation83 FR 31887 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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