Safety Zone; Lake Michigan, Chicago, IL

Issuing agencies

Abstract

The Coast Guard is establishing a temporary safety zone for navigable waters within an area of Lake Michigan in Chicago, IL. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a Fiber Optics Conduit installation. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Lake Michigan or their designated representative.

Full Text

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<title>Federal Register, Volume 91 Issue 212 (Wednesday, November 4, 2026)</title>
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[Federal Register Volume 91, Number 212 (Wednesday, November 4, 2026)]
[Rules and Regulations]
[Pages 69503-69504]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22478]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-1344]
RIN 1625-AA00


Safety Zone; Lake Michigan, Chicago, IL

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within an area of Lake Michigan in Chicago, IL. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by a Fiber Optics Conduit 
installation. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port, Sector Lake 
Michigan or their designated representative.

DATES: This rule is effective from 6:00 a.m. through 7:00 p.m. on 
November 6, 2026 through November 7, 2026 with alternative date ranges 
of November 7, 2026 through November 8, 2026, November 8, 2026 through 
November 9, 2026, November 9, 2026 through November 10, 2026, and 
November 10, 2026 through November 11, 2026.

ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-1344.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant Michael Vega, Marine Safety Unit Chicago, U.S. 
Coast Guard; telephone (206) 815-6711, email <a href="/cdn-cgi/l/email-protection#1e5a2e27334d535c33534d4b5d76777d7f7971334949535e6b6d7d7930737772"><span class="__cf_email__" data-cfemail="1e5a2e27334d535c33534d4b5d76777d7f7971334949535e6b6d7d7930737772">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background and Authority

    The Coast Guard received notification that fiber optic installation 
project in Lake Michigan in Chicago, IL. The Captain of the Port (COTP) 
Sector Lake Michigan has determined that potential hazards associated 
with fiber optic installation are a safety concern for anyone within a 
200-foot radius of the fiber optic installation working area. 
Therefore, the COTP is issuing this rule under the authority in 46 
U.S.C. 70034, which is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone.
    Because of these potential hazards, the Coast Guard is issuing this 
rule without prior notice and comment. As is authorized by 5 U.S.C. 
553(b)(B), the Coast Guard finds that good cause exists for not 
publishing a notice of proposed rulemaking (NPRM) with respect to this 
rule because it is impracticable. The Coast Guard was notified of the 
finalized dates of this event on October 26, 2026, but we must 
establish this safety zone by November 6, 2026 to protect personnel, 
vessels, and the marine environment. Therefore, we do not have enough 
time to solicit and respond to comments.
    For the same reason, the Coast Guard finds that under 5 U.S.C. 
553(d)(3), good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

III. Discussion of the Rule

    This rule establishes a safety zone from 6:00 a.m. through 7:00 
p.m. on November 6, 2026 through November 7, 2026. The safety zone will 
cover all waters in Lake Michigan in Chicago, IL within a 200-foot 
radius from the point of origin 41[deg]50'45.4'' N, 87[deg]36'23.4'' W. 
Vessels and persons will not be allowed to enter the zone during this 
time, unless authorized by the Captain of the Port.

IV. 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.

[[Page 69504]]

A. Impact on Small Entities

    The regulatory flexibility analysis provisions of the Regulatory 
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that 
are not subject to notice and comment. Because the Coast Guard has, for 
good cause, waived the notice and comment requirement that would 
otherwise apply to this rulemaking, the Regulatory Flexibility Act's 
flexibility analysis provisions do not apply here.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your 
small business, organization, or governmental jurisdiction and you have 
questions, contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section.
    Small businesses may send comments to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards by calling 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.

B. 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).

C. Federalism and Indian Tribal Governments

    We have analyzed this rule under Executive Order 13132, Federalism, 
and have determined that it is consistent with the fundamental 
federalism principles and preemption requirements described in that 
Order.
    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.

D. Unfunded Mandates Reform Act

    As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538), the Coast Guard certifies that this rule will not result in 
an annual expenditure of $100,000,000 or more (adjusted for inflation) 
by a State, local, or tribal government, in the aggregate, or by the 
private sector.

E. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), 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 is a safety zone. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket.

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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; DHS Delegation No. 00170.1, Revision No. 01.4.


0
2. Add Sec.  165.T09-1291 to read as follows:


Sec.  165.T09-1291   Safety Zone; Lake Michigan, Chicago, IL.

    (a) Location. The following area is a safety zone: All waters in 
Lake Michigan in Chicago, IL within a 200-foot radius from the point of 
origin 41[deg]50'45.4'' N, 87[deg]36'23.4'' W.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Lake Michigan (COTP) in the enforcement of 
the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative. (2) To seek permission to enter, 
contact the COTP or the COTP's representative on VHF-FM channel 16. 
Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. The safety zone will be enforced from 6:00 
a.m. through 7:00 p.m. on November 6, 2026 through November 7, 2026.

R.N. Macon,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2026-22478 Filed 11-3-26; 8:45 am]
BILLING CODE 9110-04-P


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