[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Proposed Rules]
[Pages 46449-46451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19934]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to reduce the size of 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 
proposed rulemaking would still prohibit persons and vessels from 
entering the safety zone, but would allow the lock to remain in full 
operation during the fireworks display. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 15, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0713 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, Waterways Management Division, Marine 
Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986-2155, email 
<a href="/cdn-cgi/l/email-protection#84c0b4bda9c0c3a9c9d7d1c7ecede7e5e3eba9d3e5f0e1f6f3e5fdf7c4f1f7e7e3aae9ede8"><span class="__cf_email__" data-cfemail="fdb9cdc4d0b9bad0b0aea8be95949e9c9a92d0aa9c89988f8a9c848ebd888e9e9ad3909491">[email protected]</span></a>.

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

    The Coast Guard regularly enforces the Safety Zone; Chicago Harbor, 
Navy Pier Southeast, Chicago, IL listed in 33 CFR 165.931 for weekly 
fireworks events during the boating season. The

[[Page 46450]]

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 purpose of this proposed rulemaking is to reduce the size of 
the pre-existing safety zone to reduce congestion near the Chicago 
Lock. This safety zone will help ensure the safety of vessels and the 
navigable waters near the fireworks barge before, during, and after the 
scheduled events and alleviate congestion issues around the Chicago 
Lock. The proposed rule would not significantly change the regulatory 
language found in 33 CFR 165.931. The change would only reduce the size 
of the safety zone and update the coordinates found in 33 CFR 165.931 
(a).

III. Discussion of Proposed Rule

    The COTP proposes to reduce the established safety zone outlined in 
33 CFR 165.931. 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 newly proposed safety zone would ensure a safe distance for 
spectators. It would encompasses all waters of Lake Michigan within 
Chicago Harbor bounded by coordinates beginning at 41[deg]53'23.74'' N, 
087[deg]35'35.70'' W; then south to 41[deg]53'3.95'' N, 
087[deg]35'35.11'' W; then west to 41[deg]53'3.48'' N, 
087[deg]36'8.52'' W; then north to 41[deg]53'23.30'' N, 
087[deg]36'9.08'' W; then east back to the point of origin (NAD 83).

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.
    We conclude that this rule is not a significant regulatory action 
because 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. The safety zone created by this rule will be 
relatively small and will be enforced intermittently only for a short 
period of time. Under certain conditions, moreover, vessels may still 
transit through the safety zones when permitted by the Captain of the 
Port.

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 proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule would 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 Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42

[[Page 46451]]

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 enforced intermittently. 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.
    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 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165.931 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]53'23.74'' N, 087[deg]35'35.70'' W; then south to 
41[deg]53'3.95'' N, 087[deg]35'35.11'' W; then west to 41[deg]53'3.48'' 
N, 087[deg]36'8.52'' W; then north to 41[deg]53'23.30'' N, 
087[deg]36'9.08'' W; then east back to the point of origin (NAD 83).
* * * * *

    Dated: August 16, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2018-19934 Filed 9-12-18; 8:45 am]
 BILLING CODE 9110-04-P


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