83 FR 5225 - Safety Zone; Ohio Street Beach Swim Course, Lake Michigan, Chicago Harbor, Chicago, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 25 (February 6, 2018)

Page Range		5225-5227
FR Document		2018-02322

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.

Federal Register, Volume 83 Issue 25 (Tuesday, February 6, 2018)

[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Proposed Rules]
[Pages 5225-5227]
From the Federal Register Online [www.thefederalregister.org]
[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 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, 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

5226 Federal Register / Vol. 83, No. 25 / Tuesday, February 6, 2018 / Proposed Rules

regulatory text we are proposing appears ADDRESSES) explaining why you think it will not result in such an expenditure,
at the end of this document. qualifies and how and to what degree we do discuss the effects of this rule
this rule would economically affect it. elsewhere in this preamble.
IV. Regulatory Analyses Under section 213(a) of the Small
We developed this proposed rule after Business Regulatory Enforcement F. Environment
considering numerous statutes and Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule
Executive orders related to rulemaking. we want to assist small entities in under Department of Homeland
Below we summarize our analyses understanding this proposed rule. If the Security Directive 023–01, which guides
based on a number of these statutes and rule would affect your small business, the Coast Guard in complying with the
Executive orders, and we discuss First organization, or governmental National Environmental Policy Act of
Amendment rights of protestors. jurisdiction and you have questions 1969 (42 U.S.C. 4321–4370f), and have
A. Regulatory Planning and Review concerning its provisions or options for made a preliminary determination that
compliance, please contact the person this action is one of a category of actions
Executive Orders 12866 and 13563 listed in the FOR FURTHER INFORMATION that do not individually or cumulatively
direct agencies to assess the costs and CONTACT section. The Coast Guard will have a significant effect on the human
benefits of available regulatory not retaliate against small entities that environment. This proposed rule
alternatives and, if regulation is question or complain about this involves a safety zone for large-scale
necessary, to select regulatory proposed rule or any policy or action of swim events that take place on Lake
approaches that maximize net benefits. the Coast Guard. Michigan in Chicago Harbor, near the
Executive Order 13771 directs agencies Ohio Street Beach in Chicago, IL.
to control regulatory costs through a C. Collection of Information
Normally such actions are categorically
budgeting process. This NPRM has not This rule will not call for a new excluded from further review under
been designated a ‘‘significant collection of information under the paragraph L60(a) of Appendix A, Table
regulatory action,’’ under Executive Paperwork Reduction Act of 1995 (44 1 of DHS Instruction Manual 023–01–
Order 12866. Accordingly, the NPRM U.S.C. 3501–3520). 001–01, Rev. 01. A preliminary Record
has not been reviewed by the Office of of Environmental Consideration
D. Federalism and Indian Tribal
Management and Budget (OMB), and supporting this determination is
Governments
pursuant to OMB guidance it is exempt available in the docket where indicated
from the requirements of Executive A rule has implications for federalism
under ADDRESSES. We seek any
Order 13771. under Executive order 13132,
Federalism, if it has a substantial direct comments or information that may lead
This regulatory action determination
effect on the States, on the relationship to the discovery of a significant
is based on the size, location, duration,
between the national government and environmental impact from this
and time-of-day of the safety zone.
the States, or on the distribution of proposed rule.
Vessel traffic would be able to safely
transit around this safety zone which power and responsibilities among the G. Protest Activities
would impact a small designated area of various levels of government. We have
analyzed this rule under that Order and The Coast Guard respects the First
Lake Michigan in Chicago Harbor for no
have determined that it is consistent Amendment rights of protesters.
more than a few hours during a swim
with the fundamental federalism Protesters are asked to contact the
event.
principles and preemption requirements person listed in the FOR FURTHER
B. Impact on Small Entities described in Executive order 13132. INFORMATION CONTACT section to
The Regulatory Flexibility Act of Also, this rule does not have tribal coordinate protest activities so that your
1980, 5 U.S.C. 601–612, as amended, implications under Executive order message can be received without
requires Federal agencies to consider 13175, Consultation and Coordination jeopardizing the safety or security of
the potential impact of regulations on with Indian Tribal Governments, people, places or vessels.
small entities during rulemaking. The because it does not have a substantial V. Public Participation and Request for
term ‘‘small entities’’ comprises small direct effect on one or more Indian Comments
businesses, not-for-profit organizations tribes, on the relationship between the
that are independently owned and Federal Government and Indian tribes, We view public participation as
operated and are not dominant in their or on the distribution of power and essential to effective rulemaking, and
fields, and governmental jurisdictions responsibilities between the Federal will consider all comments and material
with populations of less than 50,000. Government and Indian tribes. If you received during the comment period.
The Coast Guard certifies under 5 U.S.C. believe this rule has implications for Your comment can help shape the
605(b) that this proposed rule would not federalism or Indian tribes, please outcome of this rulemaking. If you
have a significant economic impact on contact the person listed in the FOR submit a comment, please include the
a substantial number of small entities. FURTHER INFORMATION CONTACT section docket number for this rulemaking,
While some owners or operators of above. indicate the specific section of this
vessels intending to transit the safety document to which each comment
zone may be small entities, for the E. Unfunded Mandates Reform Act applies, and provide a reason for each
reasons stated in section IV.A above this The Unfunded Mandates Reform Act suggestion or recommendation.
proposed rule would not have a of 1995 (2 U.S.C. 1531–1538) requires We encourage you to submit
daltland on DSKBBV9HB2PROD with PROPOSALS

significant economic impact on any Federal agencies to assess the effects of comments through the Federal
vessel owner or operator. their discretionary regulatory actions. In eRulemaking Portal at http://www.
If you think that your business, particular, the Act addresses actions regulations.gov. If your material cannot
organization, or governmental that may result in the expenditure by a be submitted using http://www.
jurisdiction qualifies as a small entity State, local, or tribal government, in the regulations.gov, contact the person in
and that this rule would have a aggregate, or by the private sector of the FOR FURTHER INFORMATION CONTACT
significant economic impact on it, $100,000,000 (adjusted for inflation) or section of this document for alternate
please submit a comment (see more in any one year. Though this rule instructions.

VerDate Sep<11>2014 18:26 Feb 05, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\06FEP1.SGM 06FEP1

Document Created: 2018-02-06 00:30:37
Document Modified: 2018-02-06 00:30:37

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before March 8, 2018.
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 D09-DG-MSUChicago- [email protected]
FR Citation		83 FR 5225
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

83 FR 5225 - Safety Zone; Ohio Street Beach Swim Course, Lake Michigan, Chicago Harbor, Chicago, IL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 25 (February 6, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard