
[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7290-7292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03777]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0713]
RIN 1625-AA00


Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the Navy Pier Southeast Safety 
Zone within the Chicago Harbor. This action is necessary to alleviate 
congestion near the Chicago Lock during regularly scheduled fireworks 
events. The current safety zone encompasses part of the lock 
restricting vessels during events. This rule allows the lock to remain 
in full operation during the fireworks display.

DATES: This rule is effective April 3, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0713 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, Waterways Management Division, Marine 
Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986-2155, email 
D09-DG-MSUChicago-Waterways@uscg.mil.

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 Captain of the Port (COTP) Lake Michigan is modifying the size 
of the established safety zone outlined in 33 CFR 165.931 (a) to allow 
for the Chicago Lock to remain open during fireworks displays. The 
current safety zone encompasses all waters of Lake Michigan within 
Chicago Harbor bounded by coordinates beginning at 41[deg]53'26.5'' N, 
087[deg]35'26.5'' W; then south to 41[deg]53'7.6'' N, 087[deg]35'26.3'' 
W; then west to 41[deg]53'7.6'' N, 087[deg]36'23.2'' W; then north to 
41[deg]53'26.5'' N, 087[deg]36'24.6'' W; then east back to the point of 
origin (NAD 83). The safety zone in this final rule still ensures a 
safe distance for spectators while allowing the Chicago Lock to remain 
open during the duration of the fireworks. The area in this final rule 
encompasses all waters of Lake Michigan within Chicago Harbor bounded 
by coordinates beginning at 41[deg]53'23.3'' N, 087[deg]36'04.5'' W; 
then south to 41[deg]53'11.8'' N, 087[deg]36'04.1'' W; then west to 
41[deg]53'12.1'' N, 087[deg]35'40.5'' W; then north to 41[deg]53'23.6'' 
N, 087[deg]35'40.07'' W; then east back to the point of origin (NAD 
83).
    On September 13, 2018 the Coast Guard published a notice of 
proposed rulemaking (NPRM) in the Federal Register titled Safety Zone; 
Chicago Harbor, Navy Pier Southeast, Chicago, IL, 33 CFR part 165 (83 
FR 46449).
    Included in the NPRM was an invitation to make comments on the 
proposed regulatory action for the modification of the size of the Navy 
Pier Southeast Safety Zone. The Coast Guard received 14 comments during 
the comment period, which ended October 15, 2018.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Lake Michigan has determined that modifying the 
preexisting safety zone will reduce congestion near the Chicago Lock. 
This rule would not significantly change the regulatory language found 
in 33 CFR 165.931. The change will only moderately reduce the size of 
the safety zone with updated coordinates, found in 33 CFR 165.931 (a). 
The purpose of this rule is to protect the safety of vessels and 
persons in the safety zone before, during, and after scheduled events 
while allowing the Chicago Lock to remain open for vessel traffic.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, The Coast Guard received fourteen (14) comments on 
our NPRM published September 13, 2018. There were ten (10) comments 
that supported modifying the size of the safety zone to allow the 
Chicago Lock and Dam to remain open, allowing vessels to proceed during 
the Fireworks Display. There were two (2) comments that were unrelated 
to the modification of the Safety Zone and two (2) comments that 
addressed congestion and the safety issues of modifying the size of the 
Safety Zone.
    One of these comments misinterpreted the authority under which the 
safety zone is issued. The commenter refers to 50 U.S.C. 191 but that 
statute provides the authority for security zones. See, 33 CFR 
165.9(c). As noted above in the ``Legal Authority and Need for Rule'' 
section, this rule is under authority in 33 U.S.C. 1231.
    The other comment failed to comprehend that the safety zone in this 
final rule does allow vessel traffic to safely proceed through the 
Chicago Lock without entering the safety zone. The safety zone in this 
final rule was evaluated and we determined that the reduction in size 
could be accomplished safely while allowing the Chicago Lock to remain 
open for vessel traffic. Allowing the Lock to remain open alleviates 
vessel congestion that is also a safety concern.
    After review, the Coast Guard amended this final rule by updating 
the coordinates outlined in the NPRM to take into account applicable 
comments and suggestions. The new safety zone will encompass all waters 
of Lake Michigan within Chicago Harbor bounded by coordinates beginning 
at 41[deg]53'23.3'' N, 087[deg]36'04.5'' W; then south to 
41[deg]53'11.8'' N, 087[deg]36'04.1'' W; then west to 41[deg]53'12.1'' 
N, 087[deg]35'40.5'' W; then north to 41[deg]53'23.6'' N, 
087[deg]35'40.07'' W; then east back to the point of origin (NAD 83).

[[Page 7291]]

    This rule does reduce the size of the safety zone outlined in 33 
CFR 165.931 (a), but the size of the new safety zone still ensures a 
safe distance for spectators as well as vessels entering and exiting 
the locks. These new coordinates will allow vessels transiting to and 
from the lock to proceed North or South, while still maintaining a safe 
distance from the Fireworks Display. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which would 
impact a small designated area for less than 1 hour during the 
scheduled events. Indeed, this action will allow for greater transit 
than the pre-existing safety 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 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), the Coast Guard wants 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. The Coast Guard has analyzed this rule under that Order and 
has 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 discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    The Coast Guard has 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 enforced intermittently, and for no longer 
than the time necessary to protect vessels and persons during scheduled 
Fireworks Displays. It is categorically excluded from further review 
under L60 (a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A Record of Environmental Consideration supporting 
this reduction in size of a preexisting safety zone 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.


[[Page 7292]]


    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. Amend Sec.  165.931 by revising paragraph (a) to read as follows:


Sec.  165.931   Safety Zone, Chicago Harbor, Navy Pier Southeast, 
Chicago, IL.

    (a) Location. The following area is a safety zone: The waters of 
Lake Michigan within Chicago Harbor bounded by coordinates beginning at 
41[deg]53'23.3'' N, 087[deg]36'04.5'' W; then south to 41[deg]53'11.8'' 
N, 087[deg]36'04.1'' W; then west to 41[deg]53'12.1'' N, 
087[deg]35'40.5'' W; then north to 41[deg]53'23.6'' N, 
087[deg]35'40.7'' W; then east back to the point of origin (NAD 83).
* * * * *

    Dated: February 26, 2019.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2019-03777 Filed 3-1-19; 8:45 am]
 BILLING CODE 9110-04-P


