34042 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations 

p.m. through 10:00 p.m. on July 27 and 

July 28, August 3, August 6 and August 

7, August 11, August 17 and August 18, 

August 24 and August 25, and August 

30 through September 2, 2018 for Item 

1 in Table 1 of 33 CFR 165.1123. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this publication, 

call or email LTJG Briana Biagas, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, CA; telephone 

619–278–7656, email 

D11MarineEventsSD@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the regulations in 33 

CFR 165.1123 for a safety zone on the 

waters of San Diego Bay, CA for the San 

Diego, CA POPS Fireworks Display in 

33 CFR 165.1123, Table 1, Item 1 of that 

section, from 9:00 p.m. through 10:00 

p.m. on specific evenings from June 28, 

2018 to September 2, 2018. This action 

is being taken to provide for the safety 

of life on navigable waterways during 

the fireworks events. Our regulation for 

Southern California Annual Firework 

Events for the San Diego Captain of the 

Port Zone identifies the regulated areas 

for the events. Under the provisions of 

33 CFR 165.1123, a vessel may not enter 

the regulated area, unless it receives 

permission from the Captain of the Port, 

or his designated representative. 

Spectator vessels may safely transit 

outside the regulated area but may not 

anchor, block, loiter, or impede the 

transit of participants or official patrol 

vessels. The Coast Guard may be 

assisted by other Federal, state, or local 

law enforcement agencies in enforcing 

this regulation. 

This document is issued under 

authority of 33 CFR 165.1123 and 5 

U.S.C. 552(a). In addition to this 

document in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

this enforcement period via the Local 

Notice to Mariners and local advertising 

by the event sponsor. 

If the Captain of the Port or his 

designated representative determines 

that the regulated area need not be 

enforced for the full duration stated on 

this document, he or she may use a 

Broadcast Notice to Mariners or other 

communications coordinated with the 

event sponsor to grant general 

permission to enter the regulated area. 

Dated: June 27, 2018. 

J.R. Buzzella, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2018–15440 Filed 7–18–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0578] 

RIN 1625–AA00 

Safety Zone; Alaska Marine Highway 

System Port Valdez Ferry Terminal, 

Port Valdez; Valdez, AK; Correction 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule; correction. 

SUMMARY: The Coast Guard is correcting 

a final rule that appeared in the Federal 

Register on July 12, 2018. The Coast 

Guard issued a final rule republishing 

its 2014 rule that established a 

permanent safety zone on the navigable 

waters of Port Valdez within a 200-yard 

radius of the Alaska Marine Highway 

System (AMHS) Port Valdez Ferry 

Terminal. 

DATES: Effective July 19, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0578 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 

rulemaking, call or email LTJG, Carlos 

M. Quintero, MSU Valdez, U.S. Coast 

Guard; telephone 907–835–7209, email 

Carlos.M.Quintero@uscg.mil. 

SUPPLEMENTARY INFORMATION: In FR 

2018–14863 appearing on page 32208 in 

the Federal Register of Thursday, July 

12, 2018, the following correction is 

made: 

§ 165.1712a [Corrected] 

■ 1. On page 32209, in the second 

column, in part 165, in amendment 2, 

the section heading ‘‘§ 165.1712a Safety 

Zone; Alaska Marine Highway System 

Port Valdez Ferry Terminal, Port 

Valdez, Valdez, AK.’’ is corrected to 

read ‘‘§ 165.1714 Safety Zone; Alaska 

Marine Highway System Port Valdez 

Ferry Terminal, Port Valdez, Valdez, 

AK.’’. 

Date: July 16, 2018. 

Katia Kroutil, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. 2018–15438 Filed 7–18–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–1095] 

RIN 1625–AA11 

Regulated Navigation Area, Chicago 

Sanitary and Ship Canal, Romeoville, 

IL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard Ninth 

District Commander is amending the 

navigational and operational restrictions 

of the Regulated Navigation Area (RNA) 

on the Chicago Sanitary and Ship Canal 

(CSSC) near Romeoville, Illinois, and 

removing the redundant Safety Zone 

currently in place. The purpose of this 

amendment is to improve safety and 

clarify regulations for vessels transiting 

the navigable waters located adjacent to 

and over the U.S. Army Corps of 

Engineers’ Aquatic Nuisance Species 

electric dispersal barrier system (EDBS). 

DATES: This rule is effective August 20, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

1095 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 

rulemaking, call or email Lieutenant 

John Ramos, Marine Safety Unit 

Chicago, U.S. Coast Guard; telephone 

(630) 986–2131, email John.E.Ramos@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

CSSC Chicago Sanitary and Ship Canal 

DHS Department of Homeland Security 

EDBS Electric Dispersal Barrier System 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

RNA Regulated Navigation Area 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The purpose of this rule is to 

eliminate a redundant safety zone and 

remove several requirements from a 

Regulated Navigation Area that are no 


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Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations 34043 

longer necessary. There currently exists, 

in 33 CFR 165.923, certain navigational, 

environmental, and operational 

restrictions on all vessels transiting the 

navigable waters located adjacent to and 

over the U.S. Army Corps of Engineers’ 

Aquatic Nuisance Species electric 

dispersal fish barrier. Title 33 CFR 

165.923(a)(1) establishes a safety zone in 

the CSSC from mile marker 296.1 to 

mile marker 296.7. Additionally, 33 CFR 

165.923(b)(1) establishes a regulated 

navigation area from mile marker 295.5 

to mile marker 297.2. There also exists, 

in 33 CFR 165.930, a safety zone from 

mile marker 286.0 to mile marker 333.3 

that includes the totality of the safety 

zone in 33 CFR 165.923(a)(1), rendering 

it redundant. 

In 2013, the U.S. Coast Guard 

Research and Development Center 

completed a marine safety risk 

assessment for the waters of the CSSC 

in the vicinity of the Aquatic Nuisance 

Species EDBS near Romeoville, Illinois. 

The overarching goal of the risk 

assessment was to determine the 

adequacy of present risk mitigation 

strategies and, if necessary, recommend 

alternatives to the present strategies. 

The report generated at the conclusion 

of the risk assessment noted confusion 

among waterway users regarding the 

boundaries and requirements for the 

safety zone and RNA outlined in 33 CFR 

165.923. The report also identified 

certain requirements still in effect, 

which had basis in the existing rule, 

that have since changed over the period 

of the rule and no longer apply. 

On January 30, 2018, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled ‘‘Regulated 

Navigation Area, Chicago Sanitary and 

Ship Canal, Romeoville, IL’’ (USCG– 

2017–1095), 83 FR 4171. The NPRM 

discussed the need for the rule and 

invited the public to comment on the 

proposed regulatory action. During the 

comment period that ended April 30, 

2018, we received two comments. One 

comment was not relevant to the 

proposed rule. The second comment, 

from the American Waterways 

Operators, stated support for the 

proposed RNA amendments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under 33 U.S.C. 1231. 

The purpose of this rulemaking is to 

address recommended amendments to 

the regulations based on the 

aforementioned report’s conclusions 

and recommendations. The changes are 

intended to improve safety, reduce 

confusion and eliminate unnecessary 

burden to vessels transiting the safety 

zone and RNA of the CSSC in the 

vicinity of the EDBS near Romeoville, 

Illinois. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received two 

comments on our NPRM published 

January 30, 2018. Other than some 

minor stylistic changes, there are no 

changes in the regulatory text of this 

rule from the proposed rule in the 

NPRM. 

The purpose of the safety zone 

delineated in § 165.923(a)(1) is to inhibit 

the potential transfer of live Silver or 

Asian carp, viable eggs or gametes into 

the waterway north of the electric 

barrier. To serve this purpose, the safety 

zone requirements outlined in 33 CFR 

165.923(a)(2) restrict vessels transiting 

with non-potable water on board if they 

intend to release that water in any form 

within or on the other side of the safety 

zone. A larger safety zone, described at 

33 CFR 165.930(a)(2), also encompasses 

this same area. That safety zone, 

however, does not contain regulations 

for the transit of non-potable water. 

The Coast Guard will eliminate the 

CSSC safety zone outlined in 33 CFR 

165.923(a)(1). This revision eliminates 

redundancy in regulations by using the 

larger safety zone delineated in 33 CFR 

165.930(a)(2) to regulate the CSSC. The 

requirements in 33 CFR 165.923(a)(2) 

for the transit of non-potable water will 

be preserved, but incorporated into the 

CSSC’s RNA regulations in what is now 

33 CFR 165.923(b)(2). Therefore, 33 CFR 

165.923(b) will become 33 CFR 

165.923(a) with the elimination of the 

safety zone. The following paragraphs 

describe additional changes made to the 

RNA regulations. 

The Coast Guard will remove the 

RNA’s bow boat requirement in 33 CFR 

165.923(b)(2)(ii)(C). The RNA currently 

requires that all up-bound and downbound tows that consist of barges 

carrying flammable liquid cargoes 

(Grade A through C, flashpoint below 

140 degrees Fahrenheit, or heated to 

within 15 degrees Fahrenheit of flash 

point) engage the services of a bow boat 

at all times until the entire tow is clear 

of the RNA. The original bow boat 

requirement was intended to reduce the 

possibility of a spark-induced event due 

to allision between a barge carrying 

flammable liquid cargo and barges at the 

Will County Generating Station Coal 

Wharf (RDB MM 296.0) while the 

facility conducted coal loading and 

barge fleeting. At times barge fleets were 

three-wide (approximately 105 feet), 

extended into the 160-wide cut, less 

than 500 feet downstream of Barrier II– 

A. Since barge loading and fleeting 

ceased in September 2012, the basis for 

this requirement no longer exists. 

The Coast Guard is modifying the 

requirement in 33 CFR 

165.923(b)(2)(ii)(E) that require 

commercial tows be made up with only 

wire rope to ensure electrical 

connectivity between all segments of the 

tow. The purpose of this requirement is 

to ensure electrical connectivity 

between all segments of the tow to 

prevent arcing while transiting the 

electric barrier and to prevent high 

contact potentials between vessels in 

the tow. However, the Coast Guard 

recognizes that adequate means of 

securing a tow configuration are not 

exclusive to the use of wire rope and 

towboats frequently use high-tensile 

strength aramid, high-modulus 

polyethylene, or composite fiber ropes 

(‘‘soft-lines’’) as wing-wires or facewires, and occasionally as barge 

lashings. Government observers have 

seen towboats use a single, wire-rope 

from barge winch to towboat h-bitt, thus 

providing adequate electrical 

connectivity, if sufficiently taut, and 

contacting bare-metal surfaces. The 

Coast Guard thus will continue to 

require that commercial tows transiting 

the RNA ensure the maintenance of 

electrical connectivity between all 

segments of the tow through use of wire 

rope, but allow use of soft lines to be 

used in addition to secure a tow. To 

account for use of soft-lines, the Coast 

Guard proposed to eliminate the 

requirement that a tow exclusively use 

wire rope, by removing the words ‘‘with 

only’’ from the paragraph and allowing 

an appropriate alternative. 

Finally, the Coast Guard will add a 

requirement to the RNA regulations that 

all vessels transit the RNA at a ‘‘nowake’’ speed. Currently, the RNA does 

not provide a maximum safe speed for 

vessels transiting the RNA. Throughout 

the course of the marine risk 

assessment, the project team ascertained 

that the largest marine safety risk is 

electric shock to a person in the water. 

Video recordings and shore-observer 

accounts indicate that many, smaller 

recreational vessels transit the EDBS at 

a speed that generates significant wake. 

Also, light-boat transits drag a wake that 

causes surging of barges moored to the 

loading facility just north of the pipeline 

arch. A no-wake zone will reduce this 

risk not only to persons aboard vessels, 

but also to persons working ashore 

alongside the RNA. 

The aforementioned changes to the 

RNA regulations will require a slight 

reordering of what is now 33 CFR 

165.923(b)(2)(ii)(A) through (K). With 

the removal of the safety zone, these 

regulations will be found in 33 CFR 


sradovich on DSK3GMQ082PROD with RULES
34044 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations 

1Public comment received from the American 

Waterways Operators in response to the NPRM on 

this rule, dated April 30, 2018. A copy of this can 

be found in the docket for this rule. 

2For a detailed list of the flammable liquid 

cargoes covered, please reference the NPRM for this 

rule. 

3The AWO, in a letter in response to the NPRM 

for this final rulemaking (dated April 30, 2018 and 

contained in the docket for the NPRM), agreed with 

this conclusion. It stated ‘‘[the] AWO greatly 

appreciates the removal of the bow boat 

requirement for all tows moving flammable liquid 

cargoes. . . . These added operational costs have 

been a burden to our customers, increasing cost to 

consumers. The Coast Guard’s proposal to eliminate 

the bow boat requirement will benefit the economic 

well-being of the towing industry, its customers, 

and the national economy’’. 

4The AWO, in a letter dated April 30, 2018, in 

response to the NPRM for this final rule (a copy can 

be found in the docket accompanying this NPRM) 

agrees with the Coast Guard’s assessment. The 

AWO writes: ‘‘AWO applauds applauds the Coast 

Guard’s proposal to require all vessels to transit the 

RNA at a ‘‘no-wake’’ speed to help mitigate many 

of the safety risks associated with transiting the 

Electric Dispersal Barrier System (EDBS). Located 

near Romeoville, Illinois, the EDBS is the only 

location the Coast Guard will not rescue individuals 

who fall overboard due to the unsafe conditions for 

its highly-trained personnel. Studies conducted by 

the U.S. Navy confirmed a 50% fatality rate if an 

individual falls into the electrified water. Given the 

extreme dangers associated with the EDBS, towboat 

operators are extremely cautious when transiting 

the RNA. Unfortunately, towboat operators have 

encountered recreational vessels operating at 

speeds inside the RNA that pose serious safety risks 

to surrounding vessels and crew. By introducing a 

no-wake speed, all vessels will be required to 

transit the area in a safe and responsible manner.’’ 

165.923(a). The removal of the bow boat 

requirement in 33 CFR 

165.923(b)(2)(ii)(C) will cause the other 

requirements to move up a letter, 

becoming the new 33 CFR 

165.923(a)(2)(ii)(C) through (J). The ‘‘no 

wake’’ requirement will then become 

the new 33 CFR 165.923(a)(2)(ii)(K) and 

the requirements for the transit of nonpotable water will be added in a new 33 

CFR 165.923(a)(2)(ii)(L). 

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 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. 

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. 

The rule updates an already existing 

rule. It adds minor changes to that 

already existing rule. These changes 

involve the elimination of a redundant 

safety zone, the removal of several 

requirements from a Regulated 

Navigational Area that are no longer 

necessary, and adds a ‘‘no wake’’ 

requirement to the safety zone. Each of 

these is discussed in greater depth 

below. 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. A 

summary of the reasoning for this is 

provided below. For a more thorough 

explanation of the reasoning the reader 

is advised to refer to the NPRM on this 

rule that was published in the Federal 

Register on January 30, 2018. 

This final rule eliminates the CSSC 

safety zone outlined in 33 CFR 

165.923(a)(1). This will reduce 

redundancy in regulations as the CSSC 

safety zone is already regulated in an 

equivalent manner by the larger safety 

zone delineated in 33 CFR 165.930(a)(2). 

Hence it is expected that there will be 

no cost impact associated with this 

change. In addition, it will reduce 

confusion and uncertainty that the 

public may face. The American 

Waterways Operators (AWO), in a 

comment made to the docket, agrees 

with this assessment.1 The AWO, in its 

comment, stated ‘‘removing the 

redundant safety zone will decrease 

confusion for vessels operators in the 

transiting area’’. 

A second change made by this rule is 

the incorporation of the requirements 

for the transit of non-potable water, 

contained in 33 CFR 165.930(a)(2), into 

33 CFR 165.923(b)(2). As this is only a 

move of the water transit requirements 

from one section of the CFR to another 

part of the CFR no costs experienced. In 

addition, the public will face less 

uncertainty due to the reduction of 

overlapping regulatory requirements. 

A third change the rule will make will 

be the elimination of the RNA’s bow 

boat requirement, contained in 33 CFR 

165.923(b)(2)(ii)(C). The RNA currently 

requires that all up and down bound 

tows that consist of barges carrying 

flammable liquid cargoes engage the 

services of a bow boat at all times until 

the entire tow is clear of the RNA.2 The 

purpose of this requirement of 33 CFR 

165.923(b)(2)(ii)(C) was to reduce the 

possibility of a spark-induced event due 

to allision between a barge carrying 

flammable liquid cargo and barges at the 

Will County Generating Station Coal 

Warf (RDB MM 296.0) while the facility 

conducted coal loading and barge 

fleeting. As barge loading and fleeting at 

this facility stopped in September 2012, 

the basis of this requirement no longer 

exists. Hence there are expected to be 

reduced costs, for the regulated public, 

associated with the removal of this 

requirement.3

A fourth change involves the 

modification of the requirement in 33 

CFR 165.923(b)(2)(ii)(E) relating to wire 

ropes used in commercial tows. 

Currently this requires that only wire 

rope be used in commercial tows. The 

purpose is to ensure electrical 

connectivity between all segments of the 

tow during the duration of the tow. This 

reduces the possibility of an accident 

stemming from the loss of power to any 

segment of the tow. However, the Coast 

Guard recognizes that there are hightensile strength aramid, high-modulus 

polyethylene or composite fiber ropes 

(‘‘soft-lines’’) that also provide adequate 

electrical connectivity. The 

modification hence expands the ability 

of in-scope vessels to use these forms of 

ropes as well as wire ropes. This, in 

turn, provides vessel owners greater 

flexibility in terms of the type of ropes 

they use at with no additional cost being 

imposed by the regulation. 

Lastly, the Coast Guard proposed to 

add a requirement to the RNA 

regulations that all vessels transit the 

RNA at a ‘‘no-wake’’ speed. The new 

‘‘no-wake’’ requirement is contained in 

the new 33 CFR 165.923(a)(2)(ii)(K). 

Currently, the RNA does not provide a 

maximum safe speed for vessels 

transiting the RNA. This ‘‘no-wake’’ 

requirement is expected to reduce the 

danger posed by electrocution to 

persons on board vessels or falling 

overboard as well as to persons walking 

alongside the RNA on shore.4 Wakes 

currently caused by vessels exceeding a 

‘‘no-wake’’ speed carry this danger 

because, in the RNA, the Aquatic 

Nuisance Species electric dispersal fish 

barrier generates a highly charged 

electrical field. 

The Coast Guard received two 

comments in response to the NPRM 

published with respect to this final rule. 

One comment was not relevant to the 

proposed rule. The second comment, 


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Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations 34045 

from the American Waterways 

Operators, stated that it agreed with a 

number of the proposed RNA 

amendments made in the NPRM (and 

included in this final rule). The AWO’s 

comments in favor of many of the 

proposed changes have already been 

mentioned above. The AWO had no 

negative comments in response to any of 

the proposed RNA amendments. 

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. 

The revision of the safety zone and 

RNA will not have a significant 

economic impact on a substantial 

number of small entities because the 

proposed revision imposes minor 

additional requirements on industry; 

and provides clarity to preexisting 

requirements by removing 

redundancies. This rule, by removing 

the bow boat requirement due to the 

ceased barge loading and fleeting 

operations, is expected to reduce 

regulated costs. 

The increased flexibility provided to 

small entity vessel owners and operators 

by permitting them to use, in addition 

to wire ropes, high-tensile strength 

aramid, high-modulus polyethylene or 

composite fiber ropes (‘‘soft-lines’’) is 

also expected to have no cost impact on 

them while simultaneously providing 

them with greater flexibility on the 

types of wires they can use. 

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) nor will it modify an 

existing collection. 

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. 

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 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 

revisions of the safety zone and RNA 

that provide clarity to preexisting 

requirements. Normally such actions are 

categorically excluded from further 

review under paragraph L60 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. 

Paragraph L60 pertains to establishing, 

disestablishing, or changing Regulated 

Navigation Areas and Safety Zones. 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 

■ 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. 

■ 2. Revise § 165.923 to read as follows: 

§ 165.923 Regulated Navigation Area, 

Chicago Sanitary and Ship Canal, 

Romeoville, IL. 

(a) Regulated navigation area and 

regulations. (1) The following is a 

regulated navigation area (RNA): All 

waters of the Chicago Sanitary and Ship 

Canal, Romeoville, IL located between 

mile marker 295.5 and mile marker 

297.2. 

(2)(i) The general regulations 

contained in § 165.13 apply. 

(ii) Vessels that comply with the 

following restrictions are permitted to 

transit the RNA: 

(A) Vessels must be greater than 20 

feet in length. 

(B) Vessels must not be a personal or 

human powered watercraft (i.e., jet skis, 

waver runners, kayaks, row boats, etc.). 

(C) Vessels engaged in commercial 

service, as defined in 46 U.S.C. 2101(5), 

may not pass (meet or overtake) in the 


sradovich on DSK3GMQ082PROD with RULES
34046 Federal Register / Vol. 83, No. 139 / Thursday, July 19, 2018 / Rules and Regulations 

RNA and must make a SECURITE ́ call 

when approaching the RNA to 

announce intentions and work out 

passing arrangements. 

(D) Commercial tows transiting the 

RNA must use wire rope or appropriate 

alternatives to ensure electrical 

connectivity between all segments of the 

tow. 

(E) All vessels are prohibited from 

loitering in the RNA. 

(F) Vessels may enter the RNA for the 

sole purpose of transiting to the other 

side and must maintain headway 

throughout the transit. All vessels and 

persons are prohibited from dredging, 

laying cable, dragging, fishing, 

conducting salvage operations, or any 

other activity, which could disturb the 

bottom of the RNA. 

(G) Except for law enforcement and 

emergency response personnel, all 

personnel on vessels transiting the RNA 

should remain inside the cabin, or as 

inboard as practicable. If personnel 

must be on open decks, they must wear 

a Coast Guard approved personal 

flotation device. 

(H) Vessels may not moor or lay up 

on the right or left descending banks of 

the RNA. 

(I) Towboats may not make or break 

tows if any portion of the towboat or 

tow is located in the RNA. 

(J) Persons onboard any vessel 

transiting the RNA in accordance with 

this rule or otherwise are advised they 

do so at their own risk. 

(K) All vessels transiting the RNA are 

required to transit at a no wake speed 

but still maintain bare steerageway. 

(L)(1) All vessels are prohibited from 

transiting the restricted navigation area 

with any non-potable water on board if 

they intend to release that water in any 

form within, or on the other side of the 

restricted navigation area. Non-potable 

water includes, but is not limited to, any 

water taken on board to control or 

maintain trim, draft, stability, or stresses 

of the vessel. Likewise, it includes any 

water taken on board due to free 

communication between the hull of the 

vessel and exterior water. Potable water 

is water treated and stored aboard the 

vessel that is suitable for human 

consumption. 

(2) Vessels with non-potable water on 

board are permitted to transit the 

restricted navigation area if they have 

taken steps to prevent the release, in any 

form, of that water in or on the other 

side of the restricted navigation area. 

Alternatively, vessels with non-potable 

water on board are permitted to transit 

the restricted navigation area if they 

have plans to dispose of the water in a 

biologically sound manner. 

(3) Vessels with non-potable water 

aboard that intend to discharge on the 

other side of the restricted navigation 

area must contact the Coast Guard’s 

Ninth District Commander or his or her 

designated representatives prior to 

transit and obtain permission to transit 

and discharge. Examples of discharges 

that may be approved include plans to 

dispose of the water in a biologically 

sound manner or demonstrate through 

testing that the non-potable water does 

not contain potential live Silver or 

Asian carp, viable eggs, or gametes. 

(4) In accordance with the general 

regulations in § 165.23, entry into, 

transiting, or anchoring within this 

safety zone by vessels with non-potable 

water on board is prohibited unless 

authorized by the Coast Guard’s Ninth 

District Commander, his or her 

designated representatives, or an onscene representative. 

(5) The Captain of the Port, Lake 

Michigan, may further designate an ‘‘onscene’’ representative. The Captain of 

the Port, Lake Michigan, or the on-scene 

representative may be contacted via 

VHF–FM radio Channel 16 or through 

the Coast Guard Lake Michigan 

Command Center at (414) 747–7182. 

(b) Definitions. The following 

definitions apply to this section: 

Designated representative means the 

Captain of the Port Lake Michigan and 

Commanding Officer, Marine Safety 

Unit Chicago. 

On-scene representative means 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. 

The on-scene representative of the 

Captain of the Port, Lake Michigan, will 

be aboard a Coast Guard, Coast Guard 

Auxiliary, or other designated vessel or 

will be onshore and will communicate 

with vessels via VHF–FM radio or 

loudhailer. 

Vessel means every description of 

watercraft of other artificial contrivance 

used, or capable or being used, as a 

means of transportation on water. This 

definition includes, but is not limited 

to, barges. 

(c) Compliance. All persons and 

vessels must comply with this section 

and any additional instructions or 

orders of the Coast Guard’s Ninth 

District Commander or his or her 

designated representatives. Any person 

on board any vessel transiting this RNA 

in accordance with this rule or 

otherwise does so at his or her own risk. 

(d) Waiver. For any vessel, the Coast 

Guard’s Ninth District Commander or 

his or her designated representatives 

may waive any of the requirements of 

this section, upon finding that 

operational conditions or other 

circumstances are such that application 

of this section is unnecessary or 

impractical for the purposes of vessel 

and mariner safety. 

Dated: July 16, 2018. 

J.M. Nunan, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2018–15428 Filed 7–18–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0524] 

Safety Zone; Swim Event in Captain of 

the Port New York Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone within the Captain of the 

Port New York Zone on the specified 

date and times provided below. This 

action is necessary to ensure the safety 

of vessels, spectators and participants 

from hazards associated with a swim 

event. During the enforcement period, 

no person or vessel may enter the safety 

zones without permission of the Captain 

of the Port (COTP). 

DATES: The regulation for the safety 

zone described in 33 CFR 165.160 will 

be enforced on the date and times listed 

in the table below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice of 

enforcement, call or email Petty Officer 

First Class Ronald Sampert U.S. Coast 

Guard; telephone 718–354–4197, email 

ronald.j.sampert@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone listed 

in Table 2 of 33 CFR 165.160 on the 

specified date and time as indicated in 

the table below. 


sradovich on DSK3GMQ082PROD with RULES