[Federal Register Volume 83, Number 139 (Thursday, July 19, 2018)]
[Rules and Regulations]
[Pages 34042-34046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15428]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#c48eabacaaea81ea96a5a9abb784b1b7a7a3eaa9ada8"><span class="__cf_email__" data-cfemail="c882a7a0a6e68de69aa9a5a7bb88bdbbabafe6a5a1a4">[email protected]</span></a>.

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
Sec.  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

[[Page 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 Sec.  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 down-bound 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 face-wires, 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 ``no-wake'' 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

[[Page 34044]]

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 non-
potable 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''.
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    \1\ Public 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.
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    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\
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    \2\ For a detailed list of the flammable liquid cargoes covered, 
please reference the NPRM for this rule.
    \3\ The 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''.
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    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 
high-tensile 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.
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    \4\ The 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.''
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    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,

[[Page 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

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. Revise Sec.  165.923 to read as follows:


Sec.  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 Sec.  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

[[Page 34046]]

RNA and must make a SECURIT[Eacute] 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 Sec.  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 on-scene representative.
    (5) The Captain of the Port, Lake Michigan, may further designate 
an ``on-scene'' 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


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