83_FR_46627 83 FR 46449 - Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL

83 FR 46449 - Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 178 (September 13, 2018)

Page Range46449-46451
FR Document2018-19934

The Coast Guard proposes to reduce the size of the Navy Pier Southeast Safety Zone within the Chicago Harbor. This action is necessary to alleviate congestion near the Chicago Lock during regularly scheduled fireworks events. The current safety zone encompasses part of the lock restricting vessels during events. This proposed rulemaking would still prohibit persons and vessels from entering the safety zone, but would allow the lock to remain in full operation during the fireworks display. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 178 (Thursday, September 13, 2018)
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Proposed Rules]
[Pages 46449-46451]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19934]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0713]
RIN 1625-AA00


Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to reduce the size of the Navy Pier 
Southeast Safety Zone within the Chicago Harbor. This action is 
necessary to alleviate congestion near the Chicago Lock during 
regularly scheduled fireworks events. The current safety zone 
encompasses part of the lock restricting vessels during events. This 
proposed rulemaking would still prohibit persons and vessels from 
entering the safety zone, but would allow the lock to remain in full 
operation during the fireworks display. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 15, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0713 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LT John Ramos, Waterways Management Division, Marine 
Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986-2155, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard regularly enforces the Safety Zone; Chicago Harbor, 
Navy Pier Southeast, Chicago, IL listed in 33 CFR 165.931 for weekly 
fireworks events during the boating season. The

[[Page 46450]]

current safety zone encompasses all waters of Lake Michigan within 
Chicago Harbor bounded by coordinates beginning at 41[deg]53'26.5'' N, 
087[deg]35'26.5'' W; then south to 41[deg]53'7.6'' N, 087[deg]35'26.3'' 
W; then west to 41[deg]53'7.6'' N, 087[deg]36'23.2'' W; then north to 
41[deg]53'26.5'' N, 087[deg]36'24.6'' W; then east back to the point of 
origin (NAD 83).
    The purpose of this proposed rulemaking is to reduce the size of 
the pre-existing safety zone to reduce congestion near the Chicago 
Lock. This safety zone will help ensure the safety of vessels and the 
navigable waters near the fireworks barge before, during, and after the 
scheduled events and alleviate congestion issues around the Chicago 
Lock. The proposed rule would not significantly change the regulatory 
language found in 33 CFR 165.931. The change would only reduce the size 
of the safety zone and update the coordinates found in 33 CFR 165.931 
(a).

III. Discussion of Proposed Rule

    The COTP proposes to reduce the established safety zone outlined in 
33 CFR 165.931. The current safety zone encompasses all waters of Lake 
Michigan within Chicago Harbor bounded by coordinates beginning at 
41[deg]53'26.5'' N, 087[deg]35'26.5'' W; then south to 41[deg]53'7.6'' 
N, 087[deg]35'26.3'' W; then west to 41[deg]53'7.6'' N, 
087[deg]36'23.2'' W; then north to 41[deg]53'26.5'' N, 
087[deg]36'24.6'' W; then east back to the point of origin (NAD 83).
    The newly proposed safety zone would ensure a safe distance for 
spectators. It would encompasses all waters of Lake Michigan within 
Chicago Harbor bounded by coordinates beginning at 41[deg]53'23.74'' N, 
087[deg]35'35.70'' W; then south to 41[deg]53'3.95'' N, 
087[deg]35'35.11'' W; then west to 41[deg]53'3.48'' N, 
087[deg]36'8.52'' W; then north to 41[deg]53'23.30'' N, 
087[deg]36'9.08'' W; then east back to the point of origin (NAD 83).

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 will be enforced intermittently only for a short 
period of time. Under certain conditions, moreover, vessels may still 
transit through the safety zones when permitted by the Captain of the 
Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42

[[Page 46451]]

U.S.C. 4321-4370f), and have made a preliminary determination 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 
proposed rule involves a safety zone enforced intermittently. Normally 
such actions are 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 preliminary Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 33 CFR part 165.931 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. Amend Sec.  165.931 by revising paragraph (a) to read as follows:


Sec.  165.931  Safety Zone, Chicago Harbor, Navy Pier Southeast, 
Chicago, IL.

    (a) Location. The following area is a safety zone: The waters of 
Lake Michigan within Chicago Harbor bounded by coordinates beginning at 
41[deg]53'23.74'' N, 087[deg]35'35.70'' W; then south to 
41[deg]53'3.95'' N, 087[deg]35'35.11'' W; then west to 41[deg]53'3.48'' 
N, 087[deg]36'8.52'' W; then north to 41[deg]53'23.30'' N, 
087[deg]36'9.08'' W; then east back to the point of origin (NAD 83).
* * * * *

    Dated: August 16, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2018-19934 Filed 9-12-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                    Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules                                          46449

                                                 new safety and effectiveness                            § 814.20(b)(3) is required for only a                 DEPARTMENT OF HOMELAND
                                                 information learned about the device                    supplement submitted for new                          SECURITY
                                                 from ongoing or completed studies that                  indications for use of the device,
                                                 may reasonably affect an evaluation of                  significant changes in the performance                Coast Guard
                                                 the safety or effectiveness of the device               or design specifications, circuits,
                                                 or that may reasonably affect the                       components, ingredients, principles of                33 CFR Part 165
                                                 statement of contraindications,                         operation, or physical layout of the                  [Docket Number USCG–2018–0713]
                                                 warnings, precautions, and adverse                      device, or when otherwise required by
                                                 reactions in the draft labeling. The                                                                          RIN 1625–AA00
                                                                                                         FDA. The applicant shall submit a PMA
                                                 update report shall be consistent with                  supplement in electronic format and
                                                 the data reporting provisions of the                                                                          Safety Zone; Chicago Harbor, Navy
                                                                                                         shall include information relevant to the             Pier Southeast, Chicago, IL
                                                 protocol. The applicant shall submit any                proposed changes in the device. A PMA
                                                 update report in electronic format and                                                                        AGENCY:   Coast Guard, DHS.
                                                                                                         supplement shall include a separate
                                                 shall include in the report the number                                                                        ACTION:   Notice of proposed rulemaking.
                                                                                                         section that identifies each change for
                                                 assigned by FDA to the PMA. These
                                                 updates are considered to be                            which approval is being requested and
                                                                                                                                                               SUMMARY:   The Coast Guard proposes to
                                                 amendments to the PMA. The time                         explains the reason for each such                     reduce the size of the Navy Pier
                                                 frame for review of a PMA will not be                   change. The applicant shall submit                    Southeast Safety Zone within the
                                                 extended due to the submission of an                    additional information, if requested by               Chicago Harbor. This action is necessary
                                                 update report unless the update is a                    FDA, in electronic format. The time                   to alleviate congestion near the Chicago
                                                 major amendment under § 814.37(c)(1).                   frames for review of, and FDA action on,              Lock during regularly scheduled
                                                 The applicant shall submit these                        a PMA supplement are the same as                      fireworks events. The current safety
                                                 reports—                                                those provided in § 814.40 for a PMA.                 zone encompasses part of the lock
                                                 *       *     *     *     *                             *     *     *     *     *                             restricting vessels during events. This
                                                    (f) If a color additive subject to section           ■ 10. Amend § 814.104 by revising
                                                                                                                                                               proposed rulemaking would still
                                                 721 of the Federal Food, Drug, and                                                                            prohibit persons and vessels from
                                                                                                         paragraphs (d) introductory text and
                                                 Cosmetic Act is used in or on the device                                                                      entering the safety zone, but would
                                                                                                         (d)(1) and (2) to read as follows:
                                                 and has not previously been listed for                                                                        allow the lock to remain in full
                                                 such use, then, in lieu of submitting a                 § 814.104    Original applications.                   operation during the fireworks display.
                                                 color additive petition under part 71 of                                                                      We invite your comments on this
                                                                                                         *     *    *      *     *
                                                 this chapter, at the option of the                                                                            proposed rulemaking.
                                                 applicant, the information required to                    (d) Address for submissions and                     DATES: Comments and related material
                                                 be submitted under part 71 may be                       correspondence. All original HDEs,                    must be received by the Coast Guard on
                                                 submitted as part of the PMA. When                      amendments and supplements, as well                   or before October 15, 2018.
                                                 submitted as part of the PMA, the                       as any correspondence relating to an                  ADDRESSES: You may submit comments
                                                 information shall be submitted in                       HDE, must be provided in electronic                   identified by docket number USCG–
                                                 electronic format. A PMA for a device                   format. These materials must be sent or               2018–0713 using the Federal
                                                 that contains a color additive that is                  delivered to one of the following:                    eRulemaking Portal at http://
                                                 subject to section 721 of the Federal                     (1) For devices regulated by the                    www.regulations.gov. See the ‘‘Public
                                                 Food, Drug, and Cosmetic Act will not                   Center for Devices and Radiological                   Participation and Request for
                                                 be approved until the color additive is                 Health, send it to the current address                Comments’’ portion of the
                                                 listed for use in or on the device.                     found on the website https://                         SUPPLEMENTARY INFORMATION section for
                                                 *       *     *     *     *                             www.fda.gov/cdrhsubmissionaddress.                    further instructions on submitting
                                                    (h) * * *                                                                                                  comments.
                                                    (1) For devices regulated by the                       (2) For devices regulated by the
                                                                                                         Center for Biologics Evaluation and                   FOR FURTHER INFORMATION CONTACT:    If
                                                 Center for Devices and Radiological
                                                                                                         Research, send it to the current address              you have questions about this rule, call
                                                 Health, send it to the current address
                                                                                                         displayed on the website https://                     or email LT John Ramos, Waterways
                                                 displayed on the website http://
                                                                                                         www.fda.gov/AboutFDA/CentersOffices/                  Management Division, Marine Safety
                                                 www.fda.gov/cdrhsubmissionaddress.
                                                                                                         OfficeofMedicalProductsandTobacco/                    Unit Chicago, U.S. Coast Guard;
                                                    (2) For devices regulated by the
                                                                                                         CBER/ucm385240.htm.                                   telephone (630) 986–2155, email D09-
                                                 Center for Biologics Evaluation and
                                                                                                                                                               DG-MSUChicago-Waterways@uscg.mil.
                                                 Research, send it to the current address                *     *    *      *     *
                                                 displayed on the website https://                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                           Dated: September 7, 2018.
                                                 www.fda.gov/AboutFDA/CentersOffices/                                                                          I. Table of Abbreviations
                                                 OfficeofMedicalProductsandTobacco/                      Scott Gottlieb,
                                                                                                         Commissioner of Food and Drugs.                       CFR Code of Federal Regulations
                                                 CBER/ucm385240.htm.
                                                                                                                                                               DHS Department of Homeland Security
                                                 *       *     *     *     *                             [FR Doc. 2018–19865 Filed 9–12–18; 8:45 am]
                                                                                                                                                               FR Federal Register
                                                 ■ 9. Amend § 814.39 by revising                         BILLING CODE 4164–01–P                                NPRM Notice of proposed rulemaking
                                                 paragraph (c)(1) to read as follows:                                                                          § Section
                                                                                                                                                               U.S.C. United States Code
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                                                 § 814.39   PMA supplements.
                                                 *     *     *    *     *                                                                                      II. Background, Purpose, and Legal
                                                   (c)(1) All procedures and actions that                                                                      Basis
                                                 apply to an application under § 814.20                                                                          The Coast Guard regularly enforces
                                                 also apply to PMA supplements except                                                                          the Safety Zone; Chicago Harbor, Navy
                                                 that the information required in a                                                                            Pier Southeast, Chicago, IL listed in 33
                                                 supplement is limited to that needed to                                                                       CFR 165.931 for weekly fireworks
                                                 support the change. A summary under                                                                           events during the boating season. The


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                                                 46450              Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules

                                                 current safety zone encompasses all                     to control regulatory costs through a                 CONTACT section. The Coast Guard will
                                                 waters of Lake Michigan within Chicago                  budgeting process. This NPRM has not                  not retaliate against small entities that
                                                 Harbor bounded by coordinates                           been designated a ‘‘significant                       question or complain about this
                                                 beginning at 41°53′26.5″ N, 087°35′26.5″                regulatory action,’’ under Executive                  proposed rule or any policy or action of
                                                 W; then south to 41°53′7.6″ N,                          Order 12866. Accordingly, the NPRM                    the Coast Guard.
                                                 087°35′26.3″ W; then west to 41°53′7.6″                 has not been reviewed by the Office of
                                                                                                         Management and Budget (OMB), and                      C. Collection of Information
                                                 N, 087°36′23.2″ W; then north to
                                                 41°53′26.5″ N, 087°36′24.6″ W; then east                pursuant to OMB guidance it is exempt                   This proposed rule would not call for
                                                 back to the point of origin (NAD 83).                   from the requirements of Executive                    a new collection of information under
                                                    The purpose of this proposed                         Order 13771.                                          the Paperwork Reduction Act of 1995
                                                 rulemaking is to reduce the size of the                   We conclude that this rule is not a                 (44 U.S.C. 3501–3520).
                                                 pre-existing safety zone to reduce                      significant regulatory action because we
                                                                                                                                                               D. Federalism and Indian Tribal
                                                 congestion near the Chicago Lock. This                  anticipate that it will have minimal
                                                                                                                                                               Governments
                                                 safety zone will help ensure the safety                 impact on the economy, will not
                                                 of vessels and the navigable waters near                interfere with other agencies, will not                  A rule has implications for federalism
                                                 the fireworks barge before, during, and                 adversely alter the budget of any grant               under Executive Order 13132,
                                                 after the scheduled events and alleviate                or loan recipients, and will not raise any            federalism, if it has a substantial direct
                                                 congestion issues around the Chicago                    novel legal or policy issues. The safety              effect on the States, on the relationship
                                                 Lock. The proposed rule would not                       zone created by this rule will be                     between the national government and
                                                 significantly change the regulatory                     relatively small and will be enforced                 the States, or on the distribution of
                                                 language found in 33 CFR 165.931. The                   intermittently only for a short period of             power and responsibilities among the
                                                 change would only reduce the size of                    time. Under certain conditions,                       various levels of government. We have
                                                 the safety zone and update the                          moreover, vessels may still transit                   analyzed this proposed rule under that
                                                 coordinates found in 33 CFR 165.931                     through the safety zones when                         Order and have determined that it is
                                                 (a).                                                    permitted by the Captain of the Port.                 consistent with the fundamental
                                                                                                                                                               federalism principles and preemption
                                                 III. Discussion of Proposed Rule                        B. Impact on Small Entities
                                                                                                                                                               requirements described in Executive
                                                    The COTP proposes to reduce the                         The Regulatory Flexibility Act of                  Order 13132.
                                                 established safety zone outlined in 33                  1980, 5 U.S.C. 601–612, as amended,                      Also, this proposed rule does not have
                                                 CFR 165.931. The current safety zone                    requires Federal agencies to consider                 tribal implications under Executive
                                                 encompasses all waters of Lake                          the potential impact of regulations on                Order 13175, Consultation and
                                                 Michigan within Chicago Harbor                          small entities during rulemaking. The                 Coordination with Indian Tribal
                                                 bounded by coordinates beginning at                     term ‘‘small entities’’ comprises small               Governments, because it would not have
                                                 41°53′26.5″ N, 087°35′26.5″ W; then                     businesses, not-for-profit organizations              a substantial direct effect on one or
                                                 south to 41°53′7.6″ N, 087°35′26.3″ W;                  that are independently owned and                      more Indian tribes, on the relationship
                                                 then west to 41°53′7.6″ N, 087°36′23.2″                 operated and are not dominant in their                between the Federal Government and
                                                 W; then north to 41°53′26.5″ N,                         fields, and governmental jurisdictions                Indian tribes, or on the distribution of
                                                 087°36′24.6″ W; then east back to the                   with populations of less than 50,000.                 power and responsibilities between the
                                                 point of origin (NAD 83).                               The Coast Guard certifies under 5 U.S.C.              Federal Government and Indian tribes.
                                                    The newly proposed safety zone                       605(b) that this proposed rule would not              If you believe this proposed rule has
                                                 would ensure a safe distance for                        have a significant economic impact on                 implications for federalism or Indian
                                                 spectators. It would encompasses all                    a substantial number of small entities.               tribes, please contact the person listed
                                                 waters of Lake Michigan within Chicago                     While some owners or operators of                  in the FOR FURTHER INFORMATION
                                                 Harbor bounded by coordinates                           vessels intending to transit the safety               CONTACT section.
                                                 beginning at 41°53′23.74″ N,                            zone may be small entities, for the
                                                                                                         reasons stated in section IV.A above,                 E. Unfunded Mandates Reform Act
                                                 087°35′35.70″ W; then south to
                                                 41°53′3.95″ N, 087°35′35.11″ W; then                    this proposed rule would not have a                      The Unfunded Mandates Reform Act
                                                 west to 41°53′3.48″ N, 087°36′8.52″ W;                  significant economic impact on any                    of 1995 (2 U.S.C. 1531–1538) requires
                                                 then north to 41°53′23.30″ N,                           vessel owner or operator.                             Federal agencies to assess the effects of
                                                 087°36′9.08″ W; then east back to the                      If you think that your business,                   their discretionary regulatory actions. In
                                                 point of origin (NAD 83).                               organization, or governmental                         particular, the Act addresses actions
                                                                                                         jurisdiction qualifies as a small entity              that may result in the expenditure by a
                                                 IV. Regulatory Analyses                                 and that this rule would have a                       State, local, or tribal government, in the
                                                   We developed this proposed rule after                 significant economic impact on it,                    aggregate, or by the private sector of
                                                 considering numerous statutes and                       please submit a comment (see                          $100,000,000 (adjusted for inflation) or
                                                 Executive Orders related to rulemaking.                 ADDRESSES) explaining why you think it                more in any one year. Though this
                                                 Below we summarize our analyses                         qualifies and how and to what degree                  proposed rule would not result in such
                                                 based on a number of these statutes and                 this rule would economically affect it.               an expenditure, we do discuss the
                                                 Executive Orders and we discuss First                      Under section 213(a) of the Small                  effects of this rule elsewhere in this
                                                 Amendment rights of protestors.                         Business Regulatory Enforcement                       preamble.
                                                                                                         Fairness Act of 1996 (Pub. L. 104–121),
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                                                 A. Regulatory Planning and Review                       we want to assist small entities in                   F. Environment
                                                    Executive Orders 12866 and 13563                     understanding this proposed rule. If the                We have analyzed this proposed rule
                                                 direct agencies to assess the costs and                 rule would affect your small business,                under Department of Homeland
                                                 benefits of available regulatory                        organization, or governmental                         Security Management Directive 023–01
                                                 alternatives and, if regulation is                      jurisdiction and you have questions                   and Commandant Instruction
                                                 necessary, to select regulatory                         concerning its provisions or options for              M16475.lD, which guide the Coast
                                                 approaches that maximize net benefits.                  compliance, please contact the person                 Guard in complying with the National
                                                 Executive Order 13771 directs agencies                  listed in the FOR FURTHER INFORMATION                 Environmental Policy Act of 1969 (42


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                                                                    Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules                                        46451

                                                 U.S.C. 4321–4370f), and have made a                     you go to the online docket and sign up               operations authorized by the United
                                                 preliminary determination that this                     for email alerts, you will be notified                States mining laws. These rules and
                                                 action is one of a category of actions that             when comments are posted or a final                   procedures govern prospecting,
                                                 do not individually or cumulatively                     rule is published.                                    exploration, development, mining, and
                                                 have a significant effect on the human                                                                        processing operations conducted on
                                                                                                         List of Subjects in 33 CFR Part 165
                                                 environment. This proposed rule                                                                               National Forest System lands authorized
                                                 involves a safety zone enforced                           Harbors, Marine safety, Navigation                  by the Mining Law of 1872, as amended,
                                                 intermittently. Normally such actions                   (water), Reporting and recordkeeping                  subsequent reclamation of the land, and
                                                 are categorically excluded from further                 requirements, Security measures,                      any necessary long-term post-closure
                                                 review under paragraph L60(a) of                        Waterways.                                            resource management. The goals of the
                                                 Appendix A, Table 1 of DHS Instruction                    For the reasons discussed in the                    regulatory revision are to expedite
                                                 Manual 023–01–001–01, Rev. 01. A                        preamble, the Coast Guard proposes to                 Forest Service review of certain
                                                 preliminary Record of Environmental                     amend 33 CFR part 165.931 as follows:                 proposed mineral operations authorized
                                                 Consideration supporting this                                                                                 by the United States mining laws, and,
                                                 determination is available in the docket                PART 165: REGULATED NAVIGATION                        where applicable, Forest Service
                                                 where indicated under ADDRESSES. We                     AREAS AND LIMITED ACCESS AREAS                        approval of some of these proposals by
                                                 seek any comments or information that                                                                         clarifying the regulations, to increase
                                                 may lead to the discovery of a                          ■ 1. The authority citation for part 165              consistency with the United States
                                                 significant environmental impact from                   continues to read as follows:                         Department of the Interior, Bureau of
                                                 this proposed rule.                                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Land Management (BLM) surface
                                                                                                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             management regulations governing
                                                 G. Protest Activities                                   Department of Homeland Security Delegation            operations authorized by the United
                                                   The Coast Guard respects the First                    No. 0170.1.                                           States mining laws to assist those who
                                                 Amendment rights of protesters.                         ■ 2. Amend § 165.931 by revising                      conduct these operations on lands
                                                 Protesters are asked to contact the                     paragraph (a) to read as follows:                     managed by each agency, and to
                                                 person listed in the FOR FURTHER                                                                              increase the Forest Service’s nationwide
                                                 INFORMATION CONTACT section to                          § 165.931 Safety Zone, Chicago Harbor,                consistency in regulating mineral
                                                 coordinate protest activities so that your              Navy Pier Southeast, Chicago, IL.                     operations authorized by the United
                                                 message can be received without                           (a) Location. The following area is a               States mining laws by clarifying its
                                                 jeopardizing the safety or security of                  safety zone: The waters of Lake                       regulations .
                                                 people, places, or vessels.                             Michigan within Chicago Harbor                        DATES: Comments must be received by
                                                 V. Public Participation and Request for                 bounded by coordinates beginning at                   October 15, 2018.
                                                 Comments                                                41°53′23.74″ N, 087°35′35.70″ W; then
                                                                                                                                                               ADDRESSES: Please submit comments via
                                                                                                         south to 41°53′3.95″ N, 087°35′35.11″
                                                    We view public participation as                                                                            one of the following methods:
                                                                                                         W; then west to 41°53′3.48″ N,                          • Electronically: Go to the Federal
                                                 essential to effective rulemaking, and                  087°36′8.52″ W; then north to
                                                 will consider all comments and material                                                                       eRulemaking Portal: http://
                                                                                                         41°53′23.30″ N, 087°36′9.08″ W; then                  www.regulations.gov. In the Search box,
                                                 received during the comment period.                     east back to the point of origin (NAD
                                                 Your comment can help shape the                                                                               enter FS–2018–0052, which is the
                                                                                                         83).                                                  docket number for this Advanced Notice
                                                 outcome of this rulemaking. If you
                                                                                                         *     *     *    *     *                              of Proposed Rulemaking. Then, in the
                                                 submit a comment, please include the
                                                 docket number for this rulemaking,                        Dated: August 16, 2018.                             Search panel on the left side of the
                                                 indicate the specific section of this                   Thomas J. Stuhlreyer,                                 screen, under the Document Type
                                                 document to which each comment                          Captain, U.S. Coast Guard, Captain of the             heading, click on the Notice link to
                                                 applies, and provide a reason for each                  Port, Lake Michigan.                                  locate this document. You may submit
                                                 suggestion or recommendation.                           [FR Doc. 2018–19934 Filed 9–12–18; 8:45 am]           a comment by clicking on ‘‘Comment
                                                    We encourage you to submit                           BILLING CODE 9110–04–P
                                                                                                                                                               Now!’’
                                                 comments through the Federal                                                                                    • By hard copy: Submit by U.S. mail
                                                 eRulemaking Portal at http://                                                                                 to: USDA-Forest Service. Attn:
                                                 www.regulations.gov. If your material                                                                         Director—MGM Staff, 1617 Cole
                                                                                                         DEPARTMENT OF AGRICULTURE                             Boulevard, Building 17, Lakewood, CO
                                                 cannot be submitted using http://
                                                 www.regulations.gov, contact the person                 Forest Service                                        80401.
                                                 in the FOR FURTHER INFORMATION                                                                                  We request that you send comments
                                                 CONTACT section of this document for
                                                                                                                                                               only by the methods described above.
                                                                                                         36 CFR Part 228
                                                 alternate instructions.                                                                                       We will post all comments on http://
                                                    We accept anonymous comments. All                    RIN 0596–AD32                                         www.regulations.gov. This generally
                                                 comments received will be posted                                                                              means that we will post any personal
                                                                                                         Locatable Minerals                                    information you provide us.
                                                 without change to http://
                                                 www.regulations.gov and will include                    AGENCY: Forest Service, USDA.                         FOR FURTHER INFORMATION CONTACT:
                                                 any personal information you have                       ACTION:Advance notice of proposed                     Cheryl Nabahe, Minerals and Geology
                                                 provided. For more about privacy and                    rulemaking; request for comment.                      Management, 202–205–0800.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 the docket, visit http://                                                                                     Individuals who use telecommunication
                                                 www.regulations.gov/privacyNotice.                      SUMMARY:   The Forest Service is                      devices for the deaf (TDD) may call the
                                                    Documents mentioned in this NPRM                     requesting comments from the public                   Federal Information Relay Service
                                                 as being available in the docket, and all               regarding the need to clarify or to                   (FIRS) at 1–800–877–8339 between 8:00
                                                 public comments, will be in our online                  otherwise enhance its regulations that                a.m. and 8:00 p.m., Eastern Time,
                                                 docket at http://www.regulations.gov                    minimize adverse environmental                        Monday through Friday.
                                                 and can be viewed by following that                     impacts on National Forest System                     SUPPLEMENTARY INFORMATION: This
                                                 website’s instructions. Additionally, if                surface resources in connection with                  advance notice is intended to give the


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Document Created: 2018-09-13 01:01:46
Document Modified: 2018-09-13 01:01:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before October 15, 2018.
ContactIf you have questions about this rule, call or email LT John Ramos, Waterways Management Division, Marine Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986-2155, email [email protected]
FR Citation83 FR 46449 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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