Safety Zone; Ohio Street Beach Swim Course, Lake Michigan, Chicago Harbor, Chicago, IL, 23222-23224 [2018-10674]
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Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Sacramento County has requested a
temporary change to the operation of the
Sacramento County highway bridge,
mile 46.0, over the Sacramento River, at
Freeport, CA. The drawbridge
navigation span provides a vertical
clearance of 29 feet above Mean High
Water in the closed-to-navigation
position. The draw operates as required
by 33 CFR 117.189(b). Navigation on the
waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position from 11
a.m. through 3 p.m. on May 17, 2018,
to allow the participants in the AMGEN
Tour of California bicycle race to cross
the drawspan safely and without
interruption. This temporary deviation
has been coordinated with the waterway
users. No objections to the proposed
temporary deviation were raised.
Vessels able to pass through the
bridge in the closed position may do so
at any time. The bridge will be able to
open for emergencies and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterway through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: May 9, 2018.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2018–10595 Filed 5–17–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
sradovich on DSK3GMQ082PROD with RULES
[Docket Number USCG–2017–1066]
RIN 1625–AA00
Safety Zone; Ohio Street Beach Swim
Course, Lake Michigan, Chicago
Harbor, Chicago, IL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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15:59 May 17, 2018
Jkt 244001
The Coast Guard is
establishing a safety zone on Lake
Michigan in Chicago Harbor, near the
Ohio Street Beach in Chicago, IL. This
action is necessary and intended to
ensure safety of life on the navigable
waters of the United States during swim
events that occur throughout each
calendar year. 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 June 18,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
1066 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 If you have questions about this
rule, call or email LT John Ramos,
Marine Safety Unit (MSU) Chicago, U.S.
Coast Guard; telephone (630) 986–2155,
email D09-DG-MSUChicagoWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
Each year, many swim events occur
on Lake Michigan in Chicago Harbor,
near the Ohio Street Beach in Chicago,
IL. These events take place more
frequently in the summer months. The
Captain of the Port, Lake Michigan has
determined that the size and nature of
these events will pose a significant risk
to public safety and property. The
potential hazards associated with these
events would be a safety concern for
participants as well as recreational and
commercial traffic in or around the
course where the events take place. In
response, on February 6, 2018, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Ohio Street Beach Swim Course, Lake
Michigan, Chicago Harbor, Chicago, IL
(USCG–2017–1066). The NPRM
addressed the need for the safety zone
and invited the public to comment on
the proposed regulatory action. During
the comment period that ended March
8, 2018, the Coast Guard received four
comments.
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Fmt 4700
Sfmt 4700
III. Legal Authority and Need for Rule
The purpose of the rulemaking is to
ensure the safety of vessels, persons and
the navigable waters before, during, and
after a scheduled event. The specific
hazards include collisions among event
participants, recreational traffic, and
commercial traffic that may cause injury
or marine casualties. The Coast Guard is
issuing this rulemaking under authority
in 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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, four comments were
received the NPRM published February
6, 2018. All four comments had mixed
concerns with the duration of the safety
zone. For clarification, the safety zone
will be in effect no longer than the time
necessary to ensure the safety of the
participants during each specific swim
event. Another comment questioned
how the safety zone will be marked and
what repercussions there are for
entering the safety zone. Safety zones
are not typically marked by physical
markers or buoys. The safety zone’s
specific enforcement period will be
disseminated by the Captain of the Port,
Lake Michigan or a designated on-scene
representative, broadcasted via Local
Notice to Mariners, Broadcast Notice to
Mariners, and/or shared via the Coast
Guard’s web page and social media
platforms. Pursuant to 33 U.S.C. 1232
and 33 CFR 27.3, any person who
operates a vessel in this safety zone
without permission from the Coast
Guard Captain of the Port. Lake
Michigan or designated representative
may be subject to applicable civil or
criminal penalties. The last comment
regarded the definition of large-scale
event. After review, the Coast Guard
amended this final rule by removing the
verbiage ‘‘large-scale’’ event.
The Captain of the Port, Lake
Michigan has determined that this
safety zone is necessary to ensure the
safety of the public during swim events
that take place on Lake Michigan in
Chicago Harbor, near the Ohio Street
Beach in Chicago, IL. The Captain of the
Port will notify the public when the
safety zone in this rule will be enforced
by all appropriate means to the affected
segments of the public, including
publication in the Federal Register, as
practicable, in accordance with 33 CFR
165.7(a). Such means of notification will
include, but are not limited to,
Broadcast Notice to Mariners or Local
Notice to Mariners.
E:\FR\FM\18MYR1.SGM
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Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
This zone will encompass all waters
bound by a line drawn from 41°53.7767′
N, 087°36.48′ W then North to
41°53.9517′ N, 087°36.505′ W then
Northwest to 41°54.1533′ N,
087°36.6933′ W then Southwest to
41°54.065′ N, 087°37.1517′ W then
Southeast to 41°53.6033′ N,
087°36.8333′ W then East to 41°53.6317′
N, 087°36.7017′ W and then along the
shoreline back to the point of origin
(NAD83).
All persons and vessels must comply
with the instructions of the Coast Guard
Captain of the Port, Lake Michigan or
his or her designated representative.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port or his or her designated
representative. The Captain of the Port
or his or her designated representative
may be contacted via VHF Channel 16.
V. Regulatory Analyses
The Coast Guard 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.
sradovich on DSK3GMQ082PROD with RULES
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.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic would be able to safely
transit around this safety zone, which
would impact the designated area of
Lake Michigan in Chicago Harbor for no
longer than the time necessary to ensure
the safety of the swim event.
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
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15:59 May 17, 2018
Jkt 244001
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 received no comments
from the Small Business Administration
on this rulemaking. 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
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
PO 00000
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Fmt 4700
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23223
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.
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 and Commandant
Instruction M16475.1D, 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 a safety
zone lasting no longer than the time
necessary to ensure the safety of the
swim events that take place on Lake
Michigan in Chicago Harbor, near the
Ohio Street Beach in Chicago, IL. It is
categorically excluded from further
review under paragraph L(60)(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
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18MYR1
23224
Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Rules and Regulations
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
■
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.
Dated: April 26, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2018–10674 Filed 5–17–18; 8:45 am]
BILLING CODE 9110–04–P
2. Add § 165.932 to read as follows:
sradovich on DSK3GMQ082PROD with RULES
§ 165.932 Safety Zone; Ohio Street Beach
Swim Course, Lake Michigan, Chicago
Harbor, Chicago, IL.
DEPARTMENT OF HOMELAND
SECURITY
(a) Location. All U.S. navigable waters
of Lake Michigan bound by a line drawn
from 41°53.7767′ N, 087°36.48′ W then
North to 41°53.9517′ N, 087°36.505′ W
then Northwest to 41°54.1533′ N,
087°36.6933′ W then Southwest to
41°54.065′ N, 087°37.1517′ W then
Southeast to 41°53.6033′ N,
087°36.8333′ W then East to 41°53.6317′
N, 087°36.7017′ W and then along the
shoreline back to the point of origin
(NAD83).
(b) Enforcement period. The safety
zone established by this section will be
enforced only upon notice by the
Captain of the Port, Lake Michigan. The
Captain of the Port, Lake Michigan will
publish notices of enforcement in
accordance with 33 CFR 165.7(a) and in
a manner that provides as much notice
as possible. The primary method of
notification will be through publication
to the Federal Register. The Captain of
the Port, Lake Michigan, may also
provide notice through other means,
such as Broadcast Notice to Mariners,
Local Notice to Mariners, local news
media, distribution in leaflet form, and
on-scene oral notice.
(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
Coast Guard
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Jkt 244001
33 CFR Part 100
[Docket Number USCG–2018–0224]
RIN 1625–AA08
Special Local Regulation;
Monongahela, Allegheny, and Ohio
Rivers, Pittsburgh Pennsylvania
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation for parts of the navigable
waters of the Allegheny, Monongahela,
and Ohio Rivers. This action is
necessary to ensure safety of life on
these navigable waters during the
weekend of the Kenny Chesney concert
at Heinz Field. Persons and vessels are
prohibited from loitering, anchoring,
stopping, mooring, remaining, or
drifting in any manner that impedes safe
passage of another vessel to any
launching ramp, marina, or fleeting area
unless authorized by the Captain of the
Port Marine Safety Unit Pittsburgh or a
designated representative. In addition,
persons and vessels are prohibited from
loitering, anchoring, stopping, or
drifting more than 100 feet from any
riverbank unless authorized by the
Captain of the Port Marine Safety Unit
Pittsburgh or a designated
representative.
SUMMARY:
This rule is effective from 4 p.m.
on June 1, 2018 through 3 p.m. on June
3, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
DATES:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0224 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 Petty Officer Jennifer Haggins,
Marine Safety Unit Pittsburgh
Waterways Division, U.S. Coast Guard;
telephone 412–221–0807, email
Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Marine Safety
Unit Pittsburgh
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
On March 7, 2018, Heinz Field
notified the Coast Guard that it would
be holding a concert from 4 p.m. to 11
p.m. on June 2, 2018. Heinz Field is
located in close proximity to the banks
of the Ohio and Allegheny Rivers,
which are high vessel traffic areas used
by both commercial and recreational
vessels. Due to the proximity of Heinz
Field to these waterways, it will be a
destination for many recreational
vessels to anchor and loiter throughout
the concert weekend of June 1, 2018 to
June 3, 2018. In response to the
notification, on April 19, 2018, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Special Local Regulation; Monongahela,
Allegheny, and Ohio Rivers, Pittsburgh
PA (83 FR 17333). There we stated why
we issued the NPRM, and invited
comments on our proposed regulatory
action related to this concert. During the
comment period that ended May 4,
2018, we received no comments.
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 be contrary to the public
interest because immediate action is
needed to respond to the potential
safety concerns and hazards that could
occur in this area during the concert.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
Captain of the Port Marine Safety Unit
Pittsburgh (COTP) has determined that
this special local regulation is necessary
E:\FR\FM\18MYR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Rules and Regulations]
[Pages 23222-23224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10674]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-1066]
RIN 1625-AA00
Safety Zone; Ohio Street Beach Swim Course, Lake Michigan,
Chicago Harbor, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone on Lake Michigan
in Chicago Harbor, near the Ohio Street Beach in Chicago, IL. This
action is necessary and intended to ensure safety of life on the
navigable waters of the United States during swim events that occur
throughout each calendar year. 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 June 18, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-1066 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 If you have questions about this rule, call or email LT
John Ramos, Marine Safety Unit (MSU) Chicago, U.S. Coast Guard;
telephone (630) 986-2155, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Each year, many swim events occur on Lake Michigan in Chicago
Harbor, near the Ohio Street Beach in Chicago, IL. These events take
place more frequently in the summer months. The Captain of the Port,
Lake Michigan has determined that the size and nature of these events
will pose a significant risk to public safety and property. The
potential hazards associated with these events would be a safety
concern for participants as well as recreational and commercial traffic
in or around the course where the events take place. In response, on
February 6, 2018, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone; Ohio Street Beach Swim Course,
Lake Michigan, Chicago Harbor, Chicago, IL (USCG-2017-1066). The NPRM
addressed the need for the safety zone and invited the public to
comment on the proposed regulatory action. During the comment period
that ended March 8, 2018, the Coast Guard received four comments.
III. Legal Authority and Need for Rule
The purpose of the rulemaking is to ensure the safety of vessels,
persons and the navigable waters before, during, and after a scheduled
event. The specific hazards include collisions among event
participants, recreational traffic, and commercial traffic that may
cause injury or marine casualties. The Coast Guard is issuing this
rulemaking under authority in 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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, four comments were received the NPRM published
February 6, 2018. All four comments had mixed concerns with the
duration of the safety zone. For clarification, the safety zone will be
in effect no longer than the time necessary to ensure the safety of the
participants during each specific swim event. Another comment
questioned how the safety zone will be marked and what repercussions
there are for entering the safety zone. Safety zones are not typically
marked by physical markers or buoys. The safety zone's specific
enforcement period will be disseminated by the Captain of the Port,
Lake Michigan or a designated on-scene representative, broadcasted via
Local Notice to Mariners, Broadcast Notice to Mariners, and/or shared
via the Coast Guard's web page and social media platforms. Pursuant to
33 U.S.C. 1232 and 33 CFR 27.3, any person who operates a vessel in
this safety zone without permission from the Coast Guard Captain of the
Port. Lake Michigan or designated representative may be subject to
applicable civil or criminal penalties. The last comment regarded the
definition of large-scale event. After review, the Coast Guard amended
this final rule by removing the verbiage ``large-scale'' event.
The Captain of the Port, Lake Michigan has determined that this
safety zone is necessary to ensure the safety of the public during swim
events that take place on Lake Michigan in Chicago Harbor, near the
Ohio Street Beach in Chicago, IL. The Captain of the Port will notify
the public when the safety zone in this rule will be enforced by all
appropriate means to the affected segments of the public, including
publication in the Federal Register, as practicable, in accordance with
33 CFR 165.7(a). Such means of notification will include, but are not
limited to, Broadcast Notice to Mariners or Local Notice to Mariners.
[[Page 23223]]
This zone will encompass all waters bound by a line drawn from
41[deg]53.7767' N, 087[deg]36.48' W then North to 41[deg]53.9517' N,
087[deg]36.505' W then Northwest to 41[deg]54.1533' N, 087[deg]36.6933'
W then Southwest to 41[deg]54.065' N, 087[deg]37.1517' W then Southeast
to 41[deg]53.6033' N, 087[deg]36.8333' W then East to 41[deg]53.6317'
N, 087[deg]36.7017' W and then along the shoreline back to the point of
origin (NAD83).
All persons and vessels must comply with the instructions of the
Coast Guard Captain of the Port, Lake Michigan or his or her designated
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port or his
or her designated representative. The Captain of the Port or his or her
designated representative may be contacted via VHF Channel 16.
V. Regulatory Analyses
The Coast Guard 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.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone, which would
impact the designated area of Lake Michigan in Chicago Harbor for no
longer than the time necessary to ensure the safety of the swim event.
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 received no comments from the Small Business
Administration on this rulemaking. 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 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.
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 and Commandant Instruction M16475.1D, 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
a safety zone lasting no longer than the time necessary to ensure the
safety of the swim events that take place on Lake Michigan in Chicago
Harbor, near the Ohio Street Beach in Chicago, IL. It is categorically
excluded from further review under paragraph L(60)(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
[[Page 23224]]
jeopardizing the safety or security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.932 to read as follows:
Sec. 165.932 Safety Zone; Ohio Street Beach Swim Course, Lake
Michigan, Chicago Harbor, Chicago, IL.
(a) Location. All U.S. navigable waters of Lake Michigan bound by a
line drawn from 41[deg]53.7767' N, 087[deg]36.48' W then North to
41[deg]53.9517' N, 087[deg]36.505' W then Northwest to 41[deg]54.1533'
N, 087[deg]36.6933' W then Southwest to 41[deg]54.065' N,
087[deg]37.1517' W then Southeast to 41[deg]53.6033' N,
087[deg]36.8333' W then East to 41[deg]53.6317' N, 087[deg]36.7017' W
and then along the shoreline back to the point of origin (NAD83).
(b) Enforcement period. The safety zone established by this section
will be enforced only upon notice by the Captain of the Port, Lake
Michigan. The Captain of the Port, Lake Michigan will publish notices
of enforcement in accordance with 33 CFR 165.7(a) and in a manner that
provides as much notice as possible. The primary method of notification
will be through publication to the Federal Register. The Captain of the
Port, Lake Michigan, may also provide notice through other means, such
as Broadcast Notice to Mariners, Local Notice to Mariners, local news
media, distribution in leaflet form, and on-scene oral notice.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Lake Michigan or a designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Lake Michigan or a designated
on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Lake Michigan is any Coast Guard commissioned, warrant or petty officer
who has been designated by the Captain of the Port, Lake Michigan to
act on his or her behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Lake Michigan or an on-
scene representative to obtain permission to do so. The Captain of the
Port, Lake Michigan or an on-scene representative may be contacted via
VHF Channel 16 or at (414) 747-7182.
Dated: April 26, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2018-10674 Filed 5-17-18; 8:45 am]
BILLING CODE 9110-04-P
