[Federal Register Volume 65, Number 144 (Wednesday, July 26, 2000)]
[Rules and Regulations]
[Pages 45911-45912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18939]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-00-013]


Safety Zone: Navy Pier, Lake Michigan, Chicago Harbor, IL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone. The 
safety zone encompasses a portion of the Chicago Harbor. The safety 
zone is needed to protect vessels and spectators during fireworks shows 
scheduled for various dates during the summer of the year 2000.

DATES: This temporary final rule is effective at 9:15 p.m., May 28, 
2000 until 10:30 p.m., August 23, 2000.

ADDRESSES: You may direct comments to the Captain of the Port, Chicago 
Illinois, CGD09-00-013, 215 W. 83rd Street, Chicago, Illinois 60521 or 
deliver them to the Coast Guard Marine Safety Office, 215 W. 83rd 
Street, Suite D, Burr Ridge, Illinois. The telephone number is (630) 
986-2155. The Marine Safety Office, Chicago, Illinois maintains the 
public docket. Comments and documents as indicated in this preamble 
will be available for inspection or copying between 9:30 a.m. and 2 
p.m. Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Diane J. Hauser, U.S. Coast 
Guard Marine Safety Office, 215 W. 83rd Street, Burr Ridge, Illinois 
60521. The telephone number is (630) 986-2155.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective less than 30 days after 
publication in the Federal Register. Publication of a notice of 
proposed rulemaking and delay of effective date would be contrary to 
the public interest because immediate

[[Page 45912]]

action is necessary to prevent possible loss of life, injury, or damage 
to property or the environment.
    Although this rule is being published as a temporary final rule 
without prior notice, an opportunity for public comment is nevertheless 
desirable to ensure the rule is both reasonable and workable. 
Accordingly, persons wishing to comment may do so by submitting 
comments to the office listed in ADDRESSES in the preamble. Persons 
submitting comments should include their names and addresses, identify 
this rulemaking (CGD09-00-013), the specific sections of this document 
to which each comment applies, and give the reason for each comment. 
The Coast Guard will consider all comments received.

Background and Purpose

    A temporary safety zone is required to ensure safety of vessels and 
spectators from hazards associated with fireworks. Entry into, transit 
through or anchoring within this safety zone is prohibited unless 
authorized by the Captain of the Port, Chicago or the designated Patrol 
Commander. The designated Patrol Commander on scene may be contacted on 
VHF Channel 16.

Regulatory Evaluation

    This temporary rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has not been reviewed by the Office of Management and 
Budget under that order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040, February 26, 1979). The Coast Guard expects the economic 
impact of this proposal to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the 
Coast Guard considered whether this rule will have a significant impact 
on a substantial number of small businesses and not-for-profit 
organizations that are not dominant in their respective fields, and 
government jurisdictions with populations less than 50,000. For the 
same reasons set fourth in the above regulatory evaluations, the Coast 
Guard certifies under section 605 (b) of the Regulatory Flexibility Act 
(5 U.S.C.601 et seq.) that this temporary final rule will not have a 
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub.L. 104-121), the Coast Guard 
wants to assist small entities in understanding this rule so that they 
can better evaluate its effectiveness and participate in the rulemaking 
process. If your small business or organization is affected by this 
rule, and you have questions concerning its provisions or options for 
compliance, please contact the office listed in ADDRESSES in this 
preamble.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 13132 and has determined that 
this rule does not have federalism implications under that order.

Environment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that, under figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1C, it is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, Waterways.
    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 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; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46. Section 165.100 is also 
issued under authority of Sec. 311, Pub. L. 105-383.


    2. A new temporary Sec. 165.T09-013 is added to read as follows:


Sec. 165.T09-013  Safety Zone: Chicago Harbor, Chicago, Illinois.

    (a) Location. The following area is a temporary safety zone: The 
waters of Lake Michigan 700 feet in diameter from Longitude 41-53'18" N 
and Latitude 087-36'08" W. An alternate position that may be used is 
Longitude 41-53'24" N and Latitude 087-35'44W. When alternate position 
is used the water within a 700 ft diameter is also affected. Position 
will be determined by the Patrol Commander.
    (b) Applicable date. This temporary final rule is applicable from 
9:15 p.m. to 9:45 p.m., on May 28, 2000 and on every Wednesday from 
9:15 to 9:45 and every Saturday from 10:00 to 10:30 through August 23, 
2000.
    (c) Regulations. In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port, Chicago, or the 
designated Patrol Commander.
    (d) Effective Date. This rule is effective from May 28, 2000 until 
August 23, 2000.

    Dated: July 6, 2000.
A. M. Heggers,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 00-18939 Filed 7-25-00; 8:45 am]
BILLING CODE 4910-15-P