83_FR_44403 83 FR 44234 - Safety Zone; Lake Michigan, Chicago, IL

83 FR 44234 - Safety Zone; Lake Michigan, Chicago, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 169 (August 30, 2018)

Page Range44234-44236
FR Document2018-18850

The Coast Guard is establishing a temporary safety zone on Lake Michigan, near Chicago, IL. This zone is necessary to protect spectators and vessels from potential hazards associated with a competition involving motorized personal vehicles on Lake Michigan. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Lake Michigan.

Federal Register, Volume 83 Issue 169 (Thursday, August 30, 2018)
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44234-44236]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18850]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0707]
RIN 1625-AA00


Safety Zone; Lake Michigan, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Michigan, near Chicago, IL. This zone is necessary to protect 
spectators and vessels from potential hazards associated with a 
competition involving motorized personal vehicles on Lake Michigan. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Lake Michigan.

DATES: This rule is effective from 7 a.m. on September 1, 2018 through 
5:30 p.m. on September 2, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-

[[Page 44235]]

0707 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket 
Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LT John Ramos, Marine Safety Unit Chicago, U.S. Coast 
Guard; telephone (630) 986-2155, email D09-DG-MSUChicago-Waterways@uscg.mil.

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 and 
contrary to the public interest. The details of the event were not 
provided to the Coast Guard in sufficient time to publish an NPRM. 
Delaying the effective date of this rule to wait for a comment period 
to run would be impracticable and contrary to the public interest by 
inhibiting the Coast Guard's ability to protect the public, mariners, 
vessels, and property from the hazards associated with this event.
    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 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. The Coast Guard will enforce a safety zone from 7 a.m. 
through 5:30 p.m. on September 1, 2018 and September 2, 2018 in the 
vicinity 31st Street Harbor, Chicago IL, for a competition utilizing 
motorized personal watercraft. The Captain of the Port Lake Michigan 
has determined that a competition of this nature proximate to a 
gathering of watercraft proses a significant risk to public safety and 
property. Such hazards include potential for collision with spectators 
and participants. This rule is needed to protect personnel, vessels, 
and the marine environment in the navigable waters within the safety 
zone while the competition takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on September 1, 
2018 through 5:30 p.m. on September 2, 2018. The safety zone will 
encompass all navigable waters of Lake Michigan bounded by a line drawn 
from the position 41[deg]49.903' N, 087[deg]36.161' W, then northeast 
to 41[deg]50.029' N, 087[deg]35.863' W, then southeast to 
41[deg]49.576' N, 087[deg]35.503' W, then southwest to 41[deg]49.484' 
N, 087[deg]35.850' W, then along the shoreline back to the point of 
origin (NAD 83).
    No vessel or person will be permitted to enter the safety zone 
without obtaining permission from 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 from 7 a.m. through 5:30 p.m. on September 1, 2018 and 
September 2, 2018. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners (BNM) via VHF-FM marine channel 16 about the zone 
and the rule allows vessels to seek permission to enter the zone. 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The

[[Page 44236]]

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 in Chicago, IL. 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 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.T09-0707 to read as follows:


Sec.  165.T09-0707  Safety zone; Lake Michigan, Chicago, Illinois.

    (a) Location. All navigable waters of Lake Michigan near Chicago, 
Illinois, bounded by a line drawn position 41[deg]49.903' N, 
087[deg]36.161' W, then northeast to 41[deg]50.029' N, 087[deg]35.863' 
W, then southeast to 41[deg]49.576' N, 087[deg]35.503' W, then 
southwest to 41[deg]49.484' N, 087[deg]35.850' W, then along the 
shoreline back to the point of origin (NAD 83).
    (b) Enforcement period. This rule will be enforced from 7 a.m. 
through 5:30 p.m. on September 1, 2018 and September 2, 2018.
    (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: August 6, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2018-18850 Filed 8-29-18; 8:45 am]
 BILLING CODE 9110-04-P



                                           44234            Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations

                                           FOR FURTHER INFORMATION CONTACT:       If               DEPARTMENT OF HOMELAND                                designated Coast Guard patrol personnel
                                           you have questions on this temporary                    SECURITY                                              on scene. Designated Coast Guard patrol
                                           deviation, call or email MST1 Jeremy                                                                          personnel are comprised of
                                           Bailey, Coast Guard Sector Jacksonville                 Coast Guard                                           commissioned, warrant, and petty
                                           Waterways Management; telephone                                                                               officers of the U.S. Coast Guard. The
                                           (904) 714–7631, email Jeremy.S.Bailey@                  33 CFR Part 165                                       Coast Guard may be assisted by other
                                           uscg.mil.                                               [Docket No. USCG–2018–0773]                           federal, state, or local law enforcement
                                           SUPPLEMENTARY INFORMATION: Florida                                                                            agencies in the enforcement of the safety
                                           Department of Transportation (FDOT)                     Safety Zones; Fireworks Displays in                   zone. This year the fireworks display is
                                           via Southern Road and Bridge LLC, has                   the Fifth Coast Guard District                        happening on the third Saturday in
                                           requested a temporary deviation from                                                                          September (September 15, 2018) instead
                                           the operation that govern the George                    AGENCY:  Coast Guard, DHS.                            of the second Saturday in September
                                           Musson/Coronado Beach (SR 44) bridge                    ACTION: Notice of enforcement of                      (September 8, 2018) as published in the
                                           over the Atlantic Intracoastal Waterway,                regulation.                                           table to 33 CFR 165.506, section (b), row
                                           mile 845. This deviation is necessary to                                                                      4. The enforcement period is also being
                                           facilitate the painting of the bridge and               SUMMARY:    The Coast Guard will enforce              changed for this year’s event. This year,
                                           safety of the work crew. The bridge is                  a safety zone for a fireworks display                 the safety zone will be enforced from
                                           a single-leaf bascule bridge and has a                  taking place over the Patapsco River,                 7:30 p.m. through 9:30 p.m. on
                                           vertical clearance in the closed to                     Baltimore, MD, on September 15, 2018.                 September 15, 2018.
                                           navigation position of 24 feet at mean                  This action is necessary to ensure safety                This notice of enforcement is issued
                                           high water. The vertical clearance of the               of life on navigable waterways during                 under authority of 33 CFR 165.506(d)
                                           bridge will be reduced by 3 feet to 21                  the fireworks display. Our regulation for             and 5 U.S.C. 552(a). In addition to this
                                           feet mean high water through the                        recurring safety zones for fireworks                  notice of enforcement published in the
                                           completion of the painting project in                   displays within the Fifth Coast Guard                 Federal Register, the Coast Guard will
                                           December of 2018.                                       District identifies the regulated area for            provide notification of this enforcement
                                              The current operating schedule is set                this fireworks display. During the                    period via the Local Notice to Mariners
                                           out in 33 CFR 117.261(h). Under this                    enforcement period, vessels may not                   and marine information broadcasts.
                                           temporary deviation, the bridge will                    enter, remain in, or transit through the
                                                                                                                                                           Dated: August 24, 2018.
                                           remain in the closed to navigation                      safety zone unless authorized by the
                                                                                                   Captain of the Port Maryland-National                 Joseph B. Loring,
                                           position from 7 p.m. to 7 a.m. nightly
                                                                                                   Capital Region or designated                          Captain, U.S. Coast Guard, Captain of the
                                           Sunday through Friday. The bridge will                                                                        Port Maryland-National Capital Region.
                                           open every 3 hours at 10 p.m., 1 a.m.,                  representative on scene.
                                                                                                                                                         [FR Doc. 2018–18824 Filed 8–29–18; 8:45 am]
                                           4 a.m. and 7 a.m. with a one (1) hour                   DATES: The regulations in 33 CFR
                                                                                                                                                         BILLING CODE 9110–04–P
                                           notification. This section of the Atlantic              165.506 will be enforced for the location
                                           Intracoastal Waterway is predominantly                  listed at (b)(4) in the table to § 165.506
                                           used by a variety of vessels including                  from 7:30 p.m. through 9:30 p.m. on                   DEPARTMENT OF HOMELAND
                                           U.S. government vessels, small                          September 15, 2018.                                   SECURITY
                                           commercial vessels and recreational                     FOR FURTHER INFORMATION CONTACT: If
                                           vessels. The Coast Guard has carefully                  you have questions about this notice of               Coast Guard
                                           considered the restrictions with                        enforcement, call or email Mr. Ron
                                           waterway users in publishing this                       Houck, U.S. Coast Guard Sector                        33 CFR Part 165
                                           temporary deviation.                                    Maryland-National Capital Region
                                              Vessels able to pass through the                                                                           [Docket Number USCG–2018–0707]
                                                                                                   (WWM Division); telephone 410–576–
                                           bridge in the closed position may do so                 2674, email Ronald.L.Houck@uscg.mil.                  RIN 1625–AA00
                                           at anytime. The bridge will be able to                  SUPPLEMENTARY INFORMATION: The Coast
                                           open for emergencies and there is no                                                                          Safety Zone; Lake Michigan, Chicago,
                                                                                                   Guard will enforce the safety zone for
                                           immediate alternate route for vessels to                                                                      IL
                                                                                                   entry (b)(4) in the table to § 165.506 for
                                           pass. The Coast Guard will also inform                  the Defenders’ Day Commemoration                      AGENCY:    Coast Guard, DHS.
                                           the users of the waterways through our                  Fireworks display from 7:30 p.m.
                                           Local and Broadcast Notices to Mariners                                                                       ACTION:   Temporary final rule.
                                                                                                   through 9:30 p.m. on September 15,
                                           of the change in operating schedule for                 2018. This action is being taken to                   SUMMARY:   The Coast Guard is
                                           the bridge so that vessel operators can                 provide for the safety of life on                     establishing a temporary safety zone on
                                           arrange their transits to minimize any                  navigable waterways during the                        Lake Michigan, near Chicago, IL. This
                                           impact caused by the temporary                          fireworks display. Our regulation for                 zone is necessary to protect spectators
                                           deviation.                                              recurring safety zones for fireworks                  and vessels from potential hazards
                                              In accordance with 33 CFR 117.35(e),                                                                       associated with a competition involving
                                                                                                   displays within the Fifth Coast Guard
                                           the drawbridge must return to its regular                                                                     motorized personal vehicles on Lake
                                                                                                   District, § 165.506, specifies the location
                                           operating schedule immediately at the                                                                         Michigan. Entry of vessels or persons
                                                                                                   of the regulated area for this safety zone
                                           end of the effective period of this                                                                           into this zone is prohibited unless
                                                                                                   within a 300-yard radius of the
                                           temporary deviation. This deviation                                                                           specifically authorized by the Captain of
                                                                                                   fireworks barge in approximate position
                                           from the operating regulations is                                                                             the Port Lake Michigan.
                                                                                                   39°15′55″ N, 076°34′35″ W, adjacent to
                                           authorized under 33 CFR 117.35.                                                                               DATES: This rule is effective from 7 a.m.
                                                                                                   the East Channel of Northwest Harbor.
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                                             Dated: August 27, 2018.                               As specified in § 165.506(d), during the              on September 1, 2018 through 5:30 p.m.
                                           Barry L. Dragon,                                        enforcement period, no vessel may                     on September 2, 2018.
                                           Director, Bridge Branch, Seventh Coast Guard            enter, remain in, or transit through the              ADDRESSES: To view documents
                                           District.                                               safety zone without approval from the                 mentioned in this preamble as being
                                           [FR Doc. 2018–18821 Filed 8–29–18; 8:45 am]             Captain of the Port Sector Maryland-                  available in the docket, go to http://
                                           BILLING CODE 9110–04–P                                  National Capital Region (COTP) or                     www.regulations.gov, type USCG–2018–


                                      VerDate Sep<11>2014   16:35 Aug 29, 2018   Jkt 244001   PO 00000   Frm 00062   Fmt 4700   Sfmt 4700   E:\FR\FM\30AUR1.SGM   30AUR1


                                                            Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations                                        44235

                                           0707 in the ‘‘SEARCH’’ box and click                    September 1, 2018 and September 2,                    anticipate that it will have minimal
                                           ‘‘SEARCH.’’ Click on Open Docket                        2018 in the vicinity 31st Street Harbor,              impact on the economy, will not
                                           Folder on the line associated with this                 Chicago IL, for a competition utilizing               interfere with other agencies, will not
                                           rule.                                                   motorized personal watercraft. The                    adversely alter the budget of any grant
                                           FOR FURTHER INFORMATION CONTACT: If                     Captain of the Port Lake Michigan has                 or loan recipients, and will not raise any
                                           you have questions about this rule, call                determined that a competition of this                 novel legal or policy issues.
                                           or email LT John Ramos, Marine Safety                   nature proximate to a gathering of                       The safety zone created by this rule
                                           Unit Chicago, U.S. Coast Guard;                         watercraft proses a significant risk to               will be relatively small and enforced
                                           telephone (630) 986–2155, email D09-                    public safety and property. Such                      from 7 a.m. through 5:30 p.m. on
                                           DG-MSUChicago-Waterways@uscg.mil.                       hazards include potential for collision               September 1, 2018 and September 2,
                                           SUPPLEMENTARY INFORMATION:                              with spectators and participants. This                2018. Moreover, the Coast Guard will
                                                                                                   rule is needed to protect personnel,                  issue Broadcast Notice to Mariners
                                           I. Table of Abbreviations                               vessels, and the marine environment in                (BNM) via VHF–FM marine channel 16
                                           CFR Code of Federal Regulations                         the navigable waters within the safety                about the zone and the rule allows
                                           DHS Department of Homeland Security                     zone while the competition takes place.               vessels to seek permission to enter the
                                           FR Federal Register                                                                                           zone. Under certain conditions,
                                           NPRM Notice of proposed rulemaking
                                                                                                   IV. Discussion of the Rule                            moreover, vessels may still transit
                                           § Section                                                 This rule establishes a safety zone                 through the safety zone when permitted
                                           U.S.C. United States Code                               from 7 a.m. on September 1, 2018                      by the Captain of the Port.
                                           II. Background Information and                          through 5:30 p.m. on September 2, 2018.
                                                                                                                                                         B. Impact on Small Entities
                                           Regulatory History                                      The safety zone will encompass all
                                                                                                   navigable waters of Lake Michigan                        The Regulatory Flexibility Act of
                                              The Coast Guard is issuing this                      bounded by a line drawn from the                      1980, 5 U.S.C. 601–612, as amended,
                                           temporary rule without prior notice and                 position 41°49.903′ N, 087°36.161′ W,                 requires Federal agencies to consider
                                           opportunity to comment pursuant to                      then northeast to 41°50.029′ N,                       the potential impact of regulations on
                                           authority under section 4(a) of the                     087°35.863′ W, then southeast to                      small entities during rulemaking. The
                                           Administrative Procedure Act (APA) (5                   41°49.576′ N, 087°35.503′ W, then                     term ‘‘small entities’’ comprises small
                                           U.S.C. 553(b)). This provision                          southwest to 41°49.484′ N, 087°35.850′                businesses, not-for-profit organizations
                                           authorizes an agency to issue a rule                    W, then along the shoreline back to the               that are independently owned and
                                           without prior notice and opportunity to                 point of origin (NAD 83).                             operated and are not dominant in their
                                           comment when the agency for good                          No vessel or person will be permitted               fields, and governmental jurisdictions
                                           cause finds that those procedures are                   to enter the safety zone without                      with populations of less than 50,000.
                                           ‘‘impracticable, unnecessary, or contrary               obtaining permission from the Captain                 The Coast Guard certifies under 5 U.S.C.
                                           to the public interest.’’ Under 5 U.S.C.                of the Port Lake Michigan or a                        605(b) that this rule will not have a
                                           553(b)(B), the Coast Guard finds that                   designated on-scene representative. The               significant economic impact on a
                                           good cause exists for not publishing a                  Captain of the Port or a designated on-               substantial number of small entities.
                                           notice of proposed rulemaking (NPRM)                    scene representative may be contacted                    While some owners or operators of
                                           with respect to this rule because doing                 via VHF Channel 16 or at (414) 747–                   vessels intending to transit the safety
                                           so would be impracticable and contrary                  7182.                                                 zone may be small entities, for the
                                           to the public interest. The details of the                                                                    reasons stated in section V.A above, this
                                           event were not provided to the Coast                    V. Regulatory Analyses                                rule will not have a significant
                                           Guard in sufficient time to publish an                    We developed this rule after                        economic impact on any vessel owner
                                           NPRM. Delaying the effective date of                    considering numerous statutes and                     or operator.
                                           this rule to wait for a comment period                  Executive orders related to rulemaking.                  Under section 213(a) of the Small
                                           to run would be impracticable and                       Below we summarize our analyses                       Business Regulatory Enforcement
                                           contrary to the public interest by                      based on a number of these statutes and               Fairness Act of 1996 (Pub. L. 104–121),
                                           inhibiting the Coast Guard’s ability to                 Executive orders, and we discuss First                we want to assist small entities in
                                           protect the public, mariners, vessels,                  Amendment rights of protestors.                       understanding this rule. If the rule
                                           and property from the hazards                                                                                 would affect your small business,
                                                                                                   A. Regulatory Planning and Review                     organization, or governmental
                                           associated with this event.
                                              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
                                           making this rule effective less than 30                 benefits of available regulatory                      compliance, please contact the person
                                           days after publication in the Federal                   alternatives and, if regulation is                    listed in the FOR FURTHER INFORMATION
                                           Register. Delaying the effective date of                necessary, to select regulatory                       CONTACT section.
                                           this rule would inhibit the Coast                       approaches that maximize net benefits.                   Small businesses may send comments
                                           Guard’s ability to protect participants,                Executive Order 13771 directs agencies                on the actions of Federal employees
                                           mariners and vessels from the hazards                   to control regulatory costs through a                 who enforce, or otherwise determine
                                           associated with this event.                             budgeting process. This rule has not                  compliance with, Federal regulations to
                                                                                                   been designated a ‘‘significant                       the Small Business and Agriculture
                                           III. Legal Authority and Need for Rule                  regulatory action,’’ under Executive                  Regulatory Enforcement Ombudsman
                                              The legal basis for the rule is the                  Order 12866. Accordingly, this rule has               and the Regional Small Business
                                           Coast Guard’s authority to establish                    not been reviewed by the Office of                    Regulatory Fairness Boards. The
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                                           safety zones: 33 U.S.C. 1231; 50 U.S.C.                 Management and Budget (OMB), and                      Ombudsman evaluates these actions
                                           191; 33 CFR 1.05–1, 6.04–1, 6.04–6 and                  pursuant to OMB guidance it is exempt                 annually and rates each agency’s
                                           160.5; Department of Homeland                           from the requirements of Executive                    responsiveness to small business. If you
                                           Security Delegation No. 0170.1. The                     Order 13771.                                          wish to comment on actions by
                                           Coast Guard will enforce a safety zone                     We conclude that this rule is not a                employees of the Coast Guard, call 1–
                                           from 7 a.m. through 5:30 p.m. on                        significant regulatory action because we              888–REG–FAIR (1–888–734–3247). The


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                                           44236            Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations

                                           Coast Guard will not retaliate against                  environment. This rule involves                       permitted by the Captain of the Port
                                           small entities that question or complain                establishment of a safety zone on Lake                Lake Michigan or a designated on-scene
                                           about this rule or any policy or action                 Michigan in Chicago, IL. It is                        representative.
                                           of the Coast Guard.                                     categorically excluded from further                      (3) The ‘‘on-scene representative’’ of
                                                                                                   review under paragraph L60(a) of                      the Captain of the Port Lake Michigan
                                           C. Collection of Information
                                                                                                   Appendix A, Table 1 of DHS Instruction                is any Coast Guard commissioned,
                                             This rule will not call for a new                     Manual 023–01–001–01, Rev. 01. A                      warrant or petty officer who has been
                                           collection of information under the                     Record of Environmental Consideration                 designated by the Captain of the Port
                                           Paperwork Reduction Act of 1995 (44                     supporting this determination is                      Lake Michigan to act on his or her
                                           U.S.C. 3501–3520).                                      available in the docket where indicated               behalf.
                                           D. Federalism and Indian Tribal                         under ADDRESSES.                                         (4) Vessel operators desiring to enter
                                           Governments                                                                                                   or operate within the safety zone shall
                                                                                                   G. Protest Activities
                                                                                                                                                         contact the Captain of the Port Lake
                                              A rule has implications for federalism                 The Coast Guard respects the First                  Michigan or an on-scene representative
                                           under Executive Order 13132,                            Amendment rights of protesters.                       to obtain permission to do so. The
                                           Federalism, if it has a substantial direct              Protesters are asked to contact the                   Captain of the Port Lake Michigan or an
                                           effect on the States, on the relationship               person listed in the FOR FURTHER                      on-scene representative may be
                                           between the national government and                     INFORMATION CONTACT section to                        contacted via VHF Channel 16 or at
                                           the States, or on the distribution of                   coordinate protest activities so that your            (414) 747–7182. Vessel operators given
                                           power and responsibilities among the                    message can be received without                       permission to enter or operate in the
                                           various levels of government. We have                   jeopardizing the safety or security of                safety zone must comply with all
                                           analyzed this rule under that Order and                 people, places or vessels.                            directions given to them by the Captain
                                           have determined that it is consistent                                                                         of the Port Lake Michigan, or an on-
                                           with the fundamental federalism                         List of Subjects in 33 CFR Part 165
                                                                                                                                                         scene representative.
                                           principles and preemption requirements                    Harbors, Marine safety, Navigation
                                           described in Executive Order 13132.                                                                             Dated: August 6, 2018.
                                                                                                   (water), Reporting and recordkeeping
                                              Also, this rule does not have tribal                 requirements, Security measures,                      Thomas J. Stuhlreyer,
                                           implications under Executive Order                      Waterways.                                            Captain, U.S. Coast Guard, Captain of the
                                           13175, Consultation and Coordination                                                                          Port, Lake Michigan.
                                                                                                     For the reasons discussed in the
                                           with Indian Tribal Governments,                         preamble, the Coast Guard amends 33                   [FR Doc. 2018–18850 Filed 8–29–18; 8:45 am]
                                           because it does not have a substantial                  CFR parts 165 as follows:                             BILLING CODE 9110–04–P
                                           direct effect on one or more Indian
                                           tribes, on the relationship between the                 PART 165—REGULATED NAVIGATION
                                           Federal Government and Indian tribes,                   AREAS AND LIMITED ACCESS AREAS                        ENVIRONMENTAL PROTECTION
                                           or on the distribution of power and
                                                                                                   ■ 1. The authority citation for part 165              AGENCY
                                           responsibilities between the Federal
                                           Government and Indian tribes. If you                    continues to read as follows:                         40 CFR Part 52
                                           believe this rule has implications for                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           federalism or Indian tribes, please                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             [EPA–R06–OAR–2018–0350; FRL–9982–
                                           contact the person listed in the FOR                    Department of Homeland Security Delegation            47—Region 6]
                                           FURTHER INFORMATION CONTACT section                     No. 0170.1.
                                           above.                                                  ■ 2. Add § 165.T09–0707 to read as                    Approval and Promulgation of
                                                                                                   follows:                                              Implementation Plans; Oklahoma;
                                           E. Unfunded Mandates Reform Act                                                                               General SIP Updates
                                             The Unfunded Mandates Reform Act                      § 165.T09–0707 Safety zone; Lake
                                                                                                   Michigan, Chicago, Illinois.                          AGENCY:  Environmental Protection
                                           of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                     (a) Location. All navigable waters of               Agency (EPA).
                                           Federal agencies to assess the effects of
                                           their discretionary regulatory actions. In              Lake Michigan near Chicago, Illinois,                 ACTION: Final rule.
                                           particular, the Act addresses actions                   bounded by a line drawn position
                                                                                                                                                         SUMMARY:   Pursuant to the Federal Clean
                                           that may result in the expenditure by a                 41°49.903′ N, 087°36.161′ W, then
                                                                                                                                                         Air Act (CAA or the Act), the
                                           State, local, or tribal government, in the              northeast to 41°50.029′ N, 087°35.863′
                                                                                                                                                         Environmental Protection Agency (EPA)
                                           aggregate, or by the private sector of                  W, then southeast to 41°49.576′ N,
                                                                                                                                                         is approving revisions to the State
                                           $100,000,000 (adjusted for inflation) or                087°35.503′ W, then southwest to
                                                                                                                                                         Implementation Plan (SIP) for
                                           more in any one year. Though this rule                  41°49.484′ N, 087°35.850′ W, then along
                                                                                                                                                         Oklahoma submitted by the State of
                                           will not result in such an expenditure,                 the shoreline back to the point of origin
                                                                                                                                                         Oklahoma designee with a letter dated
                                           we do discuss the effects of this rule                  (NAD 83).
                                                                                                                                                         February 14, 2017. The submittal
                                           elsewhere in this preamble.                               (b) Enforcement period. This rule will
                                                                                                                                                         includes updates to the Oklahoma SIP,
                                                                                                   be enforced from 7 a.m. through 5:30
                                           F. Environment                                                                                                as contained in annual SIP updates for
                                                                                                   p.m. on September 1, 2018 and
                                             We have analyzed this rule under                                                                            2013, 2014, 2015, and 2016, and
                                                                                                   September 2, 2018.
                                           Department of Homeland Security                           (c) Regulations. (1) In accordance with             incorporates the latest changes to EPA
                                           Directive 023–01, which guides the                      the general regulations in § 165.23, entry            regulations. This action addresses the
                                           Coast Guard in complying with the                       into, transiting, or anchoring within this            revisions submitted to the Oklahoma
amozie on DSK3GDR082PROD with RULES




                                           National Environmental Policy Act of                    safety zone is prohibited unless                      SIP pertaining to incorporation by
                                           1969 (42 U.S.C. 4321–4370f), and have                   authorized by the Captain of the Port                 reference of federal requirements and
                                           determined that this action is one of a                 Lake Michigan or a designated on-scene                emission inventory reporting
                                           category of actions that do not                         representative.                                       requirements.
                                           individually or cumulatively have a                       (2) This safety zone is closed to all               DATES: This rule is effective on October
                                           significant effect on the human                         vessel traffic, except as may be                      1, 2018.


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Document Created: 2018-08-30 01:21:57
Document Modified: 2018-08-30 01:21:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7 a.m. on September 1, 2018 through 5:30 p.m. on September 2, 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, email D09-DG-MSUChicago- [email protected]
FR Citation83 FR 44234 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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