[Federal Register Volume 59, Number 169 (Thursday, September 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21652]


[[Page Unknown]]

[Federal Register: September 1, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-94-005]
RIN 2115-AA97

 

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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard has established 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 is prohibited unless 
authorized by the Captain of the Port Chicago.

EFFECTIVE DATE: This rule is effective on July 26, 1994.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
has not been published for this regulation and good cause exists for 
making it effective in less than 30 days from date of publication. 
Following normal rulemaking procedures would have been impracticable. 
Specifically, the goal is to 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. As a result, the Coast Guard deems it to be in the 
public's best interest to issue a regulation immediately.

Background and Purpose

    On Friday, May 27, 1994, the Coast Guard published a notice of 
proposed rulemaking in the Federal Register for these regulations (33 
CFR part 165). No public hearing was held. Interested persons were 
requested to submit comments and a total of zero comments were 
received. The purpose of this regulation is to support the U.S. Secret 
Service in performing statutory protective duties. The goal is to 
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 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. 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 of 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 rule 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

    This regulation is considered to be nonsignificant under Executive 
Order 12866 on Regulatory Planning and Review and 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 requirements, Security measures, Waterways.

Regulations

    In consideration of the foregoing, subpart F of part 165 of title 
33, Code of Federal Regulations, is amended as follows:

PART 165--[AMENDED]

    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), 
6.04-1, 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 Harbor--
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.36'33''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 
section 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 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 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: July 26, 1994.
Clay A. Fust,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 94-21652 Filed 8-31-94; 8:45 am]
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