47616 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: October 5, 2017. 

Steven Michael Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2017–22169 Filed 10–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0228] 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone; Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the Chicago Sanitary and Ship 

Canal and South Branch of the Chicago 

River between mile marker 318.9 and 

mile marker 321.9 from 7 a.m. until 2 

p.m. on October 29, 2017. This action is 

necessary to protect the waterway and 

vessels from the potential hazards 

associated with a rowing competition. 

DATES: The regulations in 33 CFR 

165.930 will be enforced from 7 a.m. 

until 2 p.m. on October 29, 2017. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT John 

Ramos, Waterways Management 

Division, Marine Safety Unit Chicago, at 

630–986–2155, email address D09-DGMSUChicago-Waterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.930. Specifically, 

the Coast Guard will enforce this safety 

zone on all waters of the Chicago 

Sanitary and Ship Canal and South 

Branch of the Chicago River between 

mile marker 318.9 and mile marker 

321.9. Enforcement will occur from 7 

a.m. until 2 p.m. on October 29, 2017. 

During the enforcement period, no 

vessel may transit this regulated area 

without approval from the Captain of 

the Port Lake Michigan or a Captain of 

the Port Lake Michigan designated 

representative. Vessels and persons 

granted permission to enter the safety 

zone shall obey all lawful orders or 

directions of the Captain of the Port 

Lake Michigan, or his or her on-scene 

representative. 

This notice of enforcement is issued 

under the authority of 33 CFR 165.930 

and 5 U.S.C. 552(a). In addition to this 

publication in the Federal Register, the 

Captain of the Port Lake Michigan will 

also provide notice through other 

means, which will include Broadcast 

Notice to Mariners, Local Notice to 

Mariners, distribution in leaflet form, 

and on-scene oral notice. Additionally, 

the Captain of the Port Lake Michigan 

may notify representatives from the 

maritime industry through telephonic 

and email notifications. If the Captain of 

the Port or a designated representative 

determines that the regulated area need 

not be enforced for the full duration 

stated in this notice, he or she may use 

a Broadcast Notice to Mariners to grant 

general permission to enter the 

regulated area. The Captain of the Port 

Lake Michigan or a designated on-scene 

representative may be contacted via 

Channel 16, VHF–FM or at (414) 747– 

7182. 

Dated: October 6, 2017. 

Thomas J. Stuhlreyer, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 2017–22227 Filed 10–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0917] 

RIN 1625–AA00 

Safety Zone; Main Branch of the 

Chicago River, Oktoberfest, Chicago, 

IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the Main Branch of the Chicago River, 

Chicago, IL. This action is necessary and 

intended to ensure safety of life on the 

navigable waters of the United States 

immediately prior to, during, and after 

a bridge based pyrotechnics display. 

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 7:15 

p.m. through 7:45 p.m. on October 13, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0917 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 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because doing 

so would be impracticable. The Coast 

Guard did not receive the final details 

for this event until there was 

insufficient time remaining before the 

event to publish a NPRM. Thus, 

delaying the effective date of this rule to 

wait for a comment period to run would 

be impracticable because it would 

inhibit the Coast Guard’s ability to 

protect the public and vessels from the 

hazards associated with bridge based 

fireworks displays on October 13, 2017. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making this 

temporary rule effective less than 30 

days after publication in the Federal 

Register. For the same reasons 

discussed in the preceding paragraph, 


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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 47617 

waiting for a 30-day notice period to run 

would be impracticable. 

III. Legal Authority and Need for Rule 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

safety zones: 33 U.S.C. 1231; 33 CFR 

1.05–1, 160.5; Department of Homeland 

Security Delegation No. 0170.1. 

On October 13, 2017 a bridge based 

pyrotechnics display will take place on 

the Main Branch of the Chicago River 

between the Wells Street Bridge and the 

Wabash Avenue Bridge in Chicago, IL. 

The Captain of the Port Lake Michigan 

has determined that the pyrotechnics 

display will pose a significant risk to 

public safety and property. Such 

hazards include premature and 

accidental detonations, falling and 

burning debris, and collisions among 

spectator vessels. 

IV. Discussion of the Rule 

With the aforementioned hazards in 

mind, the Captain of the Port Lake 

Michigan has determined that this 

temporary safety zone is necessary to 

ensure the safety of the public during 

the bridge based pyrotechnics displays 

on the Main Branch of the Chicago 

River. This safety zone will be enforced 

from 7:15 p.m. through 7:45 p.m. on 

October 13, 2017. This zone will 

encompass all waters of the Main 

Branch of the Chicago River between the 

Wells Street Bridge and the Wabash 

Avenue Bridge in Chicago, IL. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Lake Michigan, or a designated onscene representative. The Captain of the 

Port or a designated on-scene 

representative may be contacted via 

VHF Channel 16 or contact Sector Lake 

Michigan at (414) 747–7182. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. Executive Order 13771 

(‘‘Reducing Regulation and Controlling 

Regulatory Costs’’), directs agencies to 

reduce regulation and control regulatory 

costs and provides that ‘‘for every one 

new regulation issued, at least two prior 

regulations be identified for elimination, 

and that the cost of planned regulations 

be prudently managed and controlled 

through a budgeting process.’’ This rule 

has not been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, it has not 

been reviewed by the Office of 

Management and Budget. 

As this rule is not a significant 

regulatory action, this rule is exempt 

from the requirements of Executive 

Order 13771. See OMB’s Memorandum 

titled ‘‘Interim Guidance Implementing 

Section 2 of the Executive Order of 

January 30, 2017 titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’ ’’ (February 2, 2017). 

We conclude that this rule is not a 

significant regulatory action because we 

anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, will not 

adversely alter the budget of any grant 

or loan recipients, and will not raise any 

novel legal or policy issues. The safety 

zone created by this rule will be 

relatively small and enforced from 7:15 

p.m. through 7:45 p.m. on October 13, 

2017. Under certain conditions, 

moreover, vessels may still transit 

through the safety zone when permitted 

by the Captain of the Port. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

the impact of this temporary rule on 

small entities. This rule will affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels intending to transit 

on a portion of the Main Branch of the 

Chicago River from 7:15 p.m. through 

7:45 p.m. on October 13, 2017. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the reasons cited in the Regulatory 

Planning and Review section above. 

Additionally, before the enforcement of 

the zone, we will issue local Broadcast 

Notice to Mariners and Local Notice to 

Mariners so vessel owners and operators 

can plan accordingly. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 


nlaroche on DSK9F9SC42PROD with RULES
47618 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

establishment of a safety zone for a 

bridge based pyrotechnics display on 

the Main Branch of the Chicago River in 

Chicago, IL. It is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. A Record of Environmental 

Consideration (REC) supporting this 

determination is available in the docket 

where indicated in the ADDRESSES

section of this preamble. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR parts 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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. 

■ 2. Add § 165.T09–0917 to read as 

follows: 

§ 165.T09–0614 Safety Zone; Main Branch 

of the Chicago River, Oktoberfest, Chicago, 

IL. 

(a) Location. All U.S. navigable waters 

of the Main Branch of the Chicago River, 

between the Wells Street Bridge and 

Wabash Avenue Bridge in Chicago, IL. 

(b) Enforcement period. This rule will 

be enforced from 7:15 p.m. through 7:45 

p.m. on October 13, 2017. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan or a 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or a designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Lake Michigan 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the Captain of the Port 

Lake Michigan to act on his or her 

behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Lake 

Michigan or an on-scene representative 

to obtain permission to do so. 

The Captain of the Port Lake 

Michigan or an on-scene representative 

may be contacted via VHF Channel 16 

or contact Sector Lake Michigan 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 onscene representative. 

Dated: October 5, 2017. 

Thomas J. Stuhlreyer, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lake Michigan. 

[FR Doc. 2017–22219 Filed 10–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0942] 

RIN 1625–AA00 

Safety Zone; Upper Mississippi River, 

St. Louis, MO 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters on the Upper 

Mississippi River between mile marker 

(MM) 183.7 and MM 185.1. This 

temporary safety zone is necessary to 

provide for the safety of life and 

property on all navigable waters near St. 

Louis, MO for dredging being conducted 

in the navigational channel at the lower 

entrance of the Chain of Rocks Canal by 

the U.S. Army Corps of Engineers. 

During the period of enforcement, entry 

into the safety zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Upper Mississippi River 

(COTP) or other designated 

representative. 

DATES: This rule is effective without 

actual notice from October 13, 2017 

through 7 a.m. on October 21, 2017. For 

the purposes of enforcement, actual 

notice will be used from 5 p.m. on 

October 8, 2017 through October 13, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0942 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 on this rule, call or 

email LCDR Sean Peterson, Chief of 

Prevention, Sector Upper Mississippi 

River, U.S. Coast Guard; telephone 314– 

269–2332, email Sean.M.Peterson@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Upper 

Mississippi River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 


nlaroche on DSK9F9SC42PROD with RULES