[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Rules and Regulations]
[Pages 65549-65551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22919]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0451]
RIN 1625-AA00


Safety Zone; South Branch of the Chicago River and Chicago 
Sanitary and Ship Canal, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
South Branch of the Chicago River and the Chicago Sanitary and Ship 
Canal. This action is necessary to protect spectators, participants, 
and vessels from the hazards associated with the Tough Cup event on 
these navigable waters in Chicago, IL, on September 24, 2016. This 
regulation prohibits persons and vessels from being in the safety zone 
unless authorized by the Captain of the Port Lake Michigan or a 
designated representative.

DATES: This rule is effective from 6:30 a.m. to 1 p.m. on September 24, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0451 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 LT Lindsay Cook, 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 Information and Regulatory History

    On December 27, 2015, the Coast Guard received an Application for 
Marine Event for the Tough Cup event that will be held from 6:30 a.m. 
to 1 p.m. on September 24, 2016, on the South Branch of the Chicago 
River and the Chicago Sanitary and Ship Canal between the Illinois 
Northern Bridge and the Loomis Street Highway Bridge. In response, on 
July 1, 2016, the Coast Guard published a notice of proposed rulemaking 
(NPRM) titled ``Safety Zone; South Branch of the Chicago River and 
Chicago Sanitary and Ship Canal, Chicago, IL'' (81 FR 43178). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this event. During the comment period that 
ended July 31, 2016, we received two comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. To provide an 
opportunity for comment, as opposed to not issuing an NPRM, we issued 
the NPRM knowing it would be impracticable not to make a final rule 
effective less than 30 days after it is published. Delaying the 
effective date of this rule to wait for a comment period to run would 
be impracticable because it would inhibit the ability to protect the 
public and vessels from the hazards associated with a race involving 
personal watercraft to take place on September 24, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Lake Michigan (COTP) has determined that 
the potential hazards associated with vessels transiting through a 
narrow and congested section of the river during the Tough Cup event 
will pose concerns for all vessels navigating in the area. The purpose 
of this rule is to ensure the safety of spectators, vessels 
participating in the event and all vessels operating in the vicinity of 
the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published July 
1, 2016. One comment stated concerns with the notification to the 
public being sufficient for the proposed rule. The Coast Guard has 
provided notice required by the Administrative Procedures Act (5 U.S.C. 
553) and will also provide notification by issuing a Broadcast Notice 
to Mariners via VHF-FM marine channel 16. To further address the 
concern of sufficient notification, the Coast Guard will include a 
notification in the Local Notice to Mariners publication. The second 
comment received was supportive of the event and related waterway 
restriction. There is one change in the regulatory text of this rule 
from the proposed rule in the NPRM to include the additional 
notification in the Local Notice to Mariners publication. This rule 
establishes a safety zone from 6:30 a.m. to 1 p.m. on September 24, 
2016. The safety zone will cover all navigable waters on the South 
Branch of the Chicago River and the Chicago Sanitary and Ship Canal 
between the Illinois Northern Bridge and the Loomis Street Highway 
Bridge in Chicago, IL. The duration of the zone is intended to ensure 
the safety of vessels and these navigable waters before, during, and 
after the scheduled Tough Cup event. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

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. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed

[[Page 65550]]

by the Office of Management and Budget.
    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 for a short duration on the one day this 
rule will be in effect to ensure safety of spectators and participants 
at this scheduled event. Moreover, the Coast Guard will issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
safety zone, a notification in the Local Notice to Mariners 
publication, and the rule would allow vessels to seek permission to 
enter the zone.

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 zero 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 
Order13132.
    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 
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 a safety zone lasting six and a half hours that will 
prohibit entry within a section of the South Branch of the Chicago 
River and the Chicago Sanitary and Ship Canal. It is categorically 
excluded from further review under paragraph 34g of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
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 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 record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T09-0451 to read as follows:


Sec.  165.T09-0451  Safety Zone; South Branch of the Chicago River and 
Chicago Sanitary and Ship Canal, Chicago, IL.

    (a) Location. All waters of the South Branch of the Chicago River 
and the Chicago Sanitary and Ship Canal between the Illinois Northern 
Bridge and the Loomis Street Highway Bridge.
    (b) Effective and enforcement period. This rule will be effective 
from 6:30 a.m. to 1:00 p.m. on September 24, 2016 and will be enforced 
from 6:30 a.m. to 1:00 p.m. on September 24, 2016.

[[Page 65551]]

    (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. Vessel operators given permission to enter or operate in 
the safety zone must comply with all directions given to them by the 
Captain of the Port Lake Michigan, or an on-scene representative.

    Dated: September 19, 2016.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2016-22919 Filed 9-22-16; 8:45 am]
 BILLING CODE 9110-04-P