[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
[email protected].
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