[Federal Register Volume 91, Number 104 (Monday, June 1, 2026)]
[Rules and Regulations]
[Pages 32356-32357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-10870]
[[Page 32356]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0428]
RIN 1625-AA00
Safety Zone; Lake Michigan, Chicago, IL
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Lake Michigan. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards surrounding a tandem bicycle race on a floating course. This
safety zone would prohibit persons and vessels from being in the safety
zone unless specifically authorized by the Captain of the Port, Sector
Lake Michigan.
DATES: This rule is effective from 7:45 a.m. through 4:15 p.m. on June
13, 2026.
ADDRESSES: To view available documents go to https://www.regulations.gov and search for USCG-2026-0428.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact LT Kyle Goetz, Marine Safety Unit Chicago, Waterways Management
Division, U.S. Coast Guard; telephone 630-341-8320, or email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
On June 13, 2026, an organization will be hosting a bicycle racing
event in Chicago, Illinois that involves teams of tandem bicycle riders
competing to complete a dynamic floating race course constructed on
floating structures. The Captain of the Port Sector Lake Michigan
(COTP) has determined that potential hazards associated with this event
(temporary floating structures built over navigable waters and high
likelihood of race participants falling off the course and into the
water) are a safety concern for participants and spectators involved in
the show. Therefore, the COTP is proposing this rule under the
authority in 46 U.S.C. 70034, which is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone.
Because of these potential hazards, the Coast Guard is issuing this
rule without prior notice and comment. As is authorized by 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 it is impracticable. We must establish this safety zone by
June 13, 2026, to protect personnel, vessels, and the marine
environment. Therefore, we do not have enough time to solicit and
respond to comments.
For the same reason, the Coast Guard finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
III. Discussion of the Rule
This rule establishes a safety zone from 7:45 a.m. through 4:15
p.m. on June 13, 2026. The safety zone will cover all navigable waters
of Lake Michigan beginning at 41[deg]51'53.3'' N, 087[deg]36'22.3'' W
thence to position 41[deg]51'53.4'' N, 087[deg]36'16.9'' W, thence to
position 41[deg]51'43.5'' N, 087[deg]36'16.8'' W, thence to position
41[deg]51'43.4'' N, 087[deg]36'22.1'' W, thence returning to the point
of origin. Vessels and persons will not be allowed to enter the zone
during this time, unless authorized by the COTP.
IV. 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.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), 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 is a safety zone. 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. 1. A
[[Page 32357]]
Record of Environmental Consideration supporting this determination is
available in the docket.
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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; DHS Delegation No. 00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T09-0428 to read as follows:
Sec. 165.T09-0428 Safety Zone; Lake Michigan, Chicago, IL.
(a) Location. The following area is a safety zone: All waters of
Lake Michigan, from surface to bottom, encompassed by a line connecting
the following points beginning at 41[deg]51'53.3'' N, 087[deg]36'22.3''
W, thence to 41[deg]51'53.4'' N, 087[deg]36'16.9'' W, thence to
41[deg]51'43.5'' N, 087[deg]36'16.8'' W, thence to 41[deg]51'43.4'' N,
087[deg]36'22.1'' W and back to the beginning point. These coordinates
are based on the World Geodetic System (WGS 84).
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Lake Michigan (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 16 or by telephone at (833) 900-2247.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This section will be enforced from 7:45
a.m. to 4:15 p.m. on June 13, 2026.
R.N. Macon,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2026-10870 Filed 5-29-26; 8:45 am]
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