[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]


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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.

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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 http://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