[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13090]


[[Page Unknown]]

[Federal Register: May 27, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-95-005]

 

Safety and Security Zone; Lake Michigan--Chicago Harbor--Burnham 
Park Harbor

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety and 
security zone on Lake Michigan, over all waters and shoreline areas 
within 1000 yards of the shoreline surrounding Merrill C. Meigs 
Airfield. This zone is needed to safeguard all vessels and waterfront 
facilities in these areas against destruction, loss, or injury from 
sabotage or other subversive acts, accidents, or other causes of a 
similar nature. This safety and security zone will be in effect at 
various times; these times will be published in the Coast Guard Local 
Notice to Mariners or broadcasted via Marine Radio VHF-FM Channels 16 & 
22. When in effect, entry into this zone in prohibited unless 
authorized by the Captain of the Port Chicago.

DATES: Comments must be received on or before July 26, 1994.

ADDRESSES: Comments and supporting materials should be mailed or 
delivered to the Case Management & Port Safety Section, Ninth Coast 
Guard District, room 2069, 1240 East Ninth Street, Cleveland, Ohio, 
44199-2060, (216) 522-3994. Please reference the name of the proposal 
and the docket number in the heading above. If you wish receipt of your 
mailed comment to be acknowledged, please include a stamped self-
addressed envelope or postcard for that purpose. Comments and materials 
received will be available for public inspection at the above location 
from 9 a.m. to 3 p.m. Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Lieutenant (junior grade) Benjamin L. 
Smith, Project Manager, Case Management & Port Safety Section, Ninth 
Coast Guard District, (216) 522-3994.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting comments which may consist of data, 
views, arguments, or proposals for amendments to the proposed 
regulation. The Coast Guard does not currently plan to have a public 
hearing, but consideration will be given to holding such a hearing if 
it is requested. Such a request should indicate how a public hearing 
would contribute substantial information or views which cannot be 
received in written form. If it appears that a public hearing would 
substantially contribute to revisions or further refinements of this 
rulemaking, the Coast Guard will announce such a hearing by a later 
notice in the Federal Register.

Background and Purpose

    The purpose of this regulation is to support the U.S. Secret 
service in performing statutory protective duties. The goal is ensure 
the safety and security of the President and other officials that may 
periodically arrive at Merrill C. Meigs Airfield on short notice; and 
to protect all members of the public in the area. This safety and 
security zone will be in affect at various times; these times will be 
published in the Coast Guard Local Notice to Mariners or broadcasted 
via Marine Radio VHF-FM Channels 16 & 22. This regulation is issued 
pursuant to 33 U.S.C. 1231 and 50 U.S.C 191 as a set out in the 
authority citation for all 33 CFR part 165.

Drafting Information

    The principal persons involved in drafting this document are 
Lieutenant (junior grade) Benjamin L. Smith, Project Manager, and 
Commander Robert G. Blythe, Project Counsel.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that, under section 2.B.2.c of Coast Guard 
Commandant Instruction M16475.1B, it is categorically excluded from 
further environmental documentation.

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. 
This regulation does not impose any new regulatory requirements in an 
area not heretofore regulated by the Federal Government, and does not 
impose any requirements or restrictions on State or local authorities.

Regulatory Evaluation

    Proposal is not considered a significant regulatory action under 
Executive Order 12866 on Regulatory Planning and Review and is not 
significant under Department of Transportation regulatory policies and 
procedures (44 FR 11034 of February 26, 1979).

Small Entities

    The impact of this regulation is expected to be so minimal that a 
full regulatory evaluation is unnecessary. The Coast Guard therefore 
certifies that, if adopted, it will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq.

Collection of Information

    This regulation will impose no collection of information 
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), (Reporting and 
recordkeeping requirement, Security measures, Waterways.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend subpart F of part 165 of title 33, Code of Federal Regulations, 
as follows:
    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(g), 604-
1, 6.04-6, and 160.5; and 49 CFR 1.46.

    2. A new Sec. 165.904 is added to read as follows:


Sec. 165.904  Lake Michigan at Chicago Harbor & Burnham Park Habor--
Safety and Security Zone.

    (a) Location. All waters, waterfront facilities, and shoreline 
areas within 1000 yards of the shoreline surrounding Merrill C. Meigs 
Airfield constitute a safety and security zone. This includes all 
waters including Burnham Park Harbor and the southern part of Chicago 
Harbor, Lake Michigan, bounded by the following coordinates;
    (1) Northwest point: 41 deg.52'33'' N, 87 deg.36'58'' W
    (2) Northeast point: 41 deg.52'33'' N, 87 deg.35'41'' W
    (3) Southeast point: 41 deg.50'42'' N, 87 deg.35'41'' W
    (4) Southwest point: 41 deg.50'42'' N, 87 deg.36'32'' W
    (5) from the southwest point, north along the Lake Michigan 
shoreline, including Burnham Park Harbor, to the northwest point.
    (b) Effective times and dates. This safety and security zone will 
be in effect at various times to be published in the Coast Guard Local 
Notice to Mariners or broadcasted via Marine Radio VHF-FM Channels 16 & 
22. These times will include the actual effective time and date and the 
termination time and date.
    (c) Restrictions. (1) In accordance with the general regulations in 
Secs. 165.23 and 165.33 of this part, entry into this zone is 
prohibited, unless authorized by the U.S. Coast Guard Captain of the 
Port, Chicago, or the U.S. Secret Service. Other general requirements 
in Secs. 165.23 and 165.33 also apply. Further, no person may enter or 
remain in the shoreline areas of the established safety and security 
zone, unless cleared by a U.S. Coast Guard or U.S. Secret Service 
official.
    (2) Vessels in Burnham Park Harbor at the commencement of the 
safety and security zone must be moored and remain moored while the 
safety and security zone is established, unless authorized to get 
underway by a U.S. Coast Guard or U.S. Secret Service official.
    (3) No person may engage in swimming, snorkeling, or diving within 
the established safety and security zone, except with the permission of 
the Captain of the Port or U.S. Secret Service.

    Dated: April 26, 1994.
Clay A. Fust,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 94-13090 Filed 5-26-94; 8:45 am]
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