[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Rules and Regulations]
[Pages 31887-31889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14760]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0504]
RIN 1625-AA00


Safety Zone; Lake Michigan, North Avenue Beach, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 31888]]

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Michigan near North Avenue Beach in Chicago, IL. This temporary 
safety zone is necessary to protect spectators, participants, and 
vessels from potential hazards associated with a jetpack demonstration. 
Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Lake Michigan 
or a designated representative.

DATES: This rule is effective from 5 p.m. on July 19, 2018 through 
12:50 p.m. on July 20, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0504 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, or 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

    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 the 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 of this jetpack 
demonstration in time to publish an NPRM. As such, it is impracticable 
to publish an NPRM because we lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule.
    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 inhibit the Coast Guard's ability to protect 
participants, mariners and vessels from the hazards associated with 
this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. A jetpack demonstration will be conducted at North Avenue Beach 
in Chicago, IL on July 19 from 5 p.m. through 6:15 p.m. on July 19, 
2018; with a rain date of July 20, 2018 from 11:45 a.m. to 12:50 p.m. 
The COTP has determined that the potential hazards associated with the 
jetpack demonstration pose a significant risk to public safety and 
property. Specifically, hazards include potential for collision with 
spectators, fires and/or explosions from mechanical malfunctions. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
jetpack demonstration takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5 p.m. through 6:15 p.m. 
on July 19, 2018; with a rain date of July 20, 2018 from 11:45 a.m. 
through 12:50 p.m. The safety zone will encompass all navigable waters 
of Lake Michigan near North Avenue Beach, bounded by a line drawn from 
the shore at 41[deg]55.008 N, 087[deg]37.564 W, then northeast to 
41[deg]55.068 N, 087[deg]37.480 W, then southeast to 41[deg]54.899 N, 
087[deg]37.151 W, then southwest back to the shore at 41[deg]54.826 N, 
087[deg]37.214 W. The duration of the zone is intended to protect 
personnel and vessels in these navigable waters during the jet pack 
demonstration. Entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port Lake 
Michigan, or a designated on-scene representative. The Captain of the 
Port or a designated on-scene representative may be contacted via VHF 
Channel 16 or 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 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.
    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 on one day from 5 p.m. through 6:15 p.m. 
on July 19, 2018; with a rain date of July 20, 2018 from 11:45 a.m. 
through 12:50 p.m. Under certain conditions, moreover, vessels may 
still transit through the safety zone when permitted by the Captain of 
the Port Lake Michigan.

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.
    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. 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

[[Page 31889]]

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 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 
Directive 023-01, which guides 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 establishment of a safety zone on 
Lake Michigan near North Avenue Beach in Chicago, IL that will last 
between one and two hours and will prohibit entry into a designated 
area. It is categorically excluded from further review under paragraph 
L60(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 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.T09-0504 to read as follows:


Sec.  165.T09-0504  Safety Zone; Lake Michigan, North Avenue Beach, 
Chicago, IL.

    (a) Location. All navigable waters of Lake Michigan near North 
Avenue Beach, bounded by a line drawn from the shore at 41[deg]55.008 
N, 087[deg]37.564 W, then northeast to 41[deg]55.068 N, 087[deg]37.480 
W, then southeast to 41[deg]54.899 N, 087[deg]37.151 W, then southwest 
back to the shore at 41[deg]54.826 N, 087[deg]37.214 W.
    (b) Enforcement period. This regulation will be enforced from 5 
p.m. through 6:15 p.m. on July 19, 2018; with a rain date of July 20, 
2018 from 11:45 a.m. through 12:50 p.m.
    (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. 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: June 18, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2018-14760 Filed 7-9-18; 8:45 am]
 BILLING CODE 9110-04-P