[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)]
[Proposed Rules]
[Pages 19331-19333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08482]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0197]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the South Branch of the Chicago River and the Chicago Sanitary and 
Ship Canal, Chicago, IL. This action is necessary to protect 
spectators, participants, and vessels from the hazards associated with 
the Tough Cup, a crew regatta event. This proposed rulemaking would 
prohibit persons and vessels from being in the safety zone unless 
authorized by the Captain of the Port Lake Michigan.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 30, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0197 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 
proposed rulemaking, 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
    Pub. L. Public Law
    Sec.  Section
    U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On November 16, 2016, the Coast Guard received an Application for 
Marine Event for the Tough Cup event to be held on the South Branch of 
the Chicago River and the Chicago Sanitary and Ship Canal between the 
South Pulaski Road Bridge and the South Halsted Street Bridge. This 
event involves high performance rowing shells and sculls that range in 
size from 27 feet to 65 feet in length and oars out to 25 feet in width 
to race on a course along the South Branch of the Chicago River and the 
Chicago Sanitary and Ship Canal. The Captain of the Port Lake Michigan 
has determined that the potential hazards associated with this event 
would be a safety concern for participants as well as recreational and 
commercial traffic in or around the course where the event will take 
place.
    This purpose of the rulemaking is to ensure the safety of vessels, 
persons and the navigable waters immediately before, during, and 
immediately after the scheduled event. The specific hazards include 
collisions among event participants, recreational traffic, and 
commercial traffic that may cause injury or marine casualties. The 
legal basis for this proposed 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.

III. Discussion of Proposed Rule

    The Captain of the Port Lake Michigan proposes to establish a 
safety zone on all waters of the South Branch of the Chicago River and 
the Chicago Sanitary and Ship Canal between the South Pulaski Road 
Bridge and the South Halsted Street Bridge. This safety zone will be 
enforced from 7:00 a.m. to 2:00 p.m. on September 30, 2017. The safety 
zone enforcement times are intended to ensure the safety of persons and 
vessels immediately before, during and immediately after the event.
    The Captain of the Port Lake Michigan has determined that the 
safety zone in this proposed rule is necessary to ensure the safety of 
vessels and people during this event. The safety zone in this proposed 
rule will be enforced for seven hours on September 30, 2017.
    The Captain of the Port Lake Michigan will notify the public that 
the zone in this proposal 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

[[Page 19332]]

165.7(a). Such means of notification will include, but are not limited 
to, Broadcast Notice to Mariners or Local Notice to Mariners.
    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.

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 the statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
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.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it. 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). A regulatory 
analysis (RA) follows.
    We conclude that this proposed 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 would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the safety zone, 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 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 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 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 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

[[Page 19333]]

involves amendments to navigation regulations and establishment of a 
safety zone. Normally such actions are categorically excluded from 
further review under section 2.B.2, and figure 2-1, paragraph 34(g) of 
the Instruction. A preliminary Record of Environmental Consideration 
(REC) supporting this determination is available in the docket where 
indicated under 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 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, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    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 Web site'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 record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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.T09-0197 to read as follows:


Sec.  165. T09-0197  Safety Zone; South Branch of the Chicago River and 
the Chicago Sanitary and Ship Canal, Chicago, IL, Tough Cup.

    (a) Location. All waters of the South Branch of the Chicago River 
and the Chicago Sanitary and Ship Canal between the South Pulaski Road 
Bridge and the South Halsted Street Bridge are designated as a safety 
zone.
    (b) Effective and Enforcement Period. This rule will be effective 
from 7:00 a.m. to 2:00 p.m. on September 30, 2017 and will be enforced 
from 7:00 a.m. to 2:00 p.m. on September 30, 2017.
    (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: April 20, 2017.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2017-08482 Filed 4-26-17; 8:45 am]
 BILLING CODE 9110-04-P