[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Proposed Rules]
[Pages 5225-5227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02322]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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 immediately prior to, during, and 
after large scale 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: Comments and related material must be received by the Coast 
Guard on or before March 8, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-1066 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 rule, 
call or email LT John Ramos, 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, Purpose, and Legal Basis

    Each year, many large-scale swim events occur on Lake Michigan in 
Chicago Harbor, near the Ohio Street Beach in Chicago, IL. These events 
take place on a monthly and sometimes weekly basis. 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.
    This 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 proposes 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.

III. Discussion of Proposed Rule

    With these hazards in mind, the Captain of the Port, Lake Michigan 
has determined that this safety zone is necessary to ensure the safety 
of the public during large-scale 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 permanent 
safety zone in this proposed 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.
    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. The

[[Page 5226]]

regulatory text we are proposing appears at the end of this document.

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 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 a small designated area of Lake Michigan in Chicago Harbor for 
no more than a few hours during a 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 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 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 proposed 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 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 
involves a safety zone for large-scale swim events that take place on 
Lake Michigan in Chicago Harbor, near the Ohio Street Beach in Chicago, 
IL. Normally such actions are 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 preliminary Record of Environmental 
Consideration supporting this determination is 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 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.

[[Page 5227]]

    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, visit http://www.regulations.gov/privacyNotice.
    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 website'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 amends 
33 CFR parts 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 Sec.  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: January 22, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2018-02322 Filed 2-5-18; 8:45 am]
 BILLING CODE 9110-04-P


