[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Rules and Regulations]
[Pages 66747-66749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31843]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD09-01-153]
RIN 2115-AA97 and 2115-AA98


Safety Zone and Anchorage Regulations; Chicago Harbor, Chicago, 
Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone and 
suspending a portion of an anchorage area encompassed by the safety 
zone for the City of Chicago's New Year Celebration. This rulemaking is 
necessary for the protection and safety of passengers and vessels 
during the fireworks display. This rulemaking is intended to restrict 
vessel traffic from a portion of Lake Michigan in the area of the 
Chicago Harbor, in particular, the Monroe Street Harbor. During this 
event, vessels will be unable to enter or exit the Monroe Harbor.

DATES: This temporary final rule is effective from 11 p.m. (local) 
December 31, 2001 until 12:45 a.m. (local) January 1, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD09-01-153] and are available for inspection or 
copying at: U.S. Coast Guard Marine Safety Office Chicago, 215 W. 83rd 
Street, Suite D, Burr Ridge, Illinois 60521, between 7:30 a.m. and 4 
p.m. Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: MST3 Mike E. Esquivel, U.S. Coast 
Guard Marine Safety Office Chicago, 215 W. 83rd Street, Burr Ridge, 
Illinois 60521. The telephone number is (630) 986-2155.

SUPPLEMENTARY INFORMATION:

Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register. The permit 
application was not received in time to publish an NPRM followed by a 
final rule before the effective date. Delaying this rule would be 
contrary to the public interest of ensuring the safety of spectators 
and vessels during this event and immediate action is necessary to 
prevent possible loss of life or property. The Coast Guard has not 
received any complaints or negative comments previously with regard to 
this event.

Background and Purpose

    A temporary safety zone is necessary to ensure the safety of 
vessels and spectators from the hazards associated with fireworks 
displays. Based on recent accidents that have occurred in other Captain 
of the Port zones, and the explosive hazard of fireworks, the Captain 
of the Port Chicago has determined firework launches in close proximity 
to watercraft pose significant risks to public safety and property. The 
likely combination of large numbers of recreational vessels, congested 
waterways, darkness punctuated by bright flashes of light, alcohol use, 
and debris falling in the water could easily result in serious injuries 
or fatalities. Establishing a safety zone to control vessel movement 
around the location of the launch platforms will help ensure the safety 
of person and property at this event and help minimize the associated 
risk.
    The safety zone encompasses the waters of the Chicago Harbor 
bounded by the following positions: 41 deg. 52.43 N, 087 deg. 36.43 W, 
thence east to 41 deg. 52.43 N, 087 deg. 36.16 W, thence south to 
41 deg. 52.28 N, 087 deg. 36.16 W, thence west to 41 deg. 52.28 N, 
087 deg. 36.43 W, thence north back to the point of origin. These 
coordinates are based upon North American Datum 1983 (NAD 83). This 
area includes a portion of the Monroe Street Harbor including the Grant 
Park anchorage areas (33 CFR 110.83), the entrance to the Monroe Street 
Harbor, as well as a portion outside the breakwall for the Monroe 
Street Harbor. Only that portion of the anchorage area encompasses by 
the safety zone will be suspended.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Entry into, transiting, or anchoring within the safety zone 
is prohibited unless authorized by the Captain of the Port Chicago or 
his designated on scene representative. The Captain of the Port or his 
designated on scene

[[Page 66748]]

representative may be contacted via 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 10(e) of the regulatory policies and 
procedures of DOT is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zone, and the zone is in an area where the Coast 
Guard expects insignificant adverse impact to mariners from the zones' 
activation.

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.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. At this 
time of year there the amount of vessel traffic is at a minimum level 
and the safety zone will only be in place for a very short duration. In 
addition, those vessels requiring transit of the area may request 
permission from the Captain of the Port Chicago to transit the zone.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Public Law 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.
    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).

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 12612 and has determined that 
this rule does not federalism implication under that order.

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 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b) (2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    The Coast Guard has analyzed this rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

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.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR parts 110 and 165 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as 
follows:


[[Page 66749]]


    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).


Sec. 110.83  [Amended]

    2. In Sec. 110.83, suspend paragraph (a) from 11 p.m. December 31, 
2001(local time) until 12:45 a.m. (local time) on January 1, 2002.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    3. 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, 6.04-6 160.5; 49 CFR 1.46.


    4. A new temporary Sec. 165.T09-123 is added to read as follows:


Sec. 165.T09-123  Safety Zone; Chicago Harbor, Chicago, Illinois.

    (a) Location. The safety zone will encompass the waters of the Lake 
Michigan in the Chicago Harbor, including a portion of the Monroe 
Street harbor and the entrance to the Monroe Street Harbor, bounded by 
the following positions: starting at 41 deg. 52.43 N, 087 deg. 36.43 W, 
thence east to 41 deg. 52.43 N, 087 deg. 36.16 W, thence south to 
41 deg. 52.28 N, 087 deg. 36.16 W, thence west to 41 deg. 52.28 N, 
087 deg. 36.43 W, thence north back to the point of origin.
    (b) Effective time and date. This section is effective from 11 p.m. 
(local time) December 31, 2001 until 12:45 a.m. (local time) on January 
1, 2002.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Chicago, or his 
designated on-scene representative. The Captain of the Port Chicago or 
his designated on-scene representative may be contacted via VHF Channel 
16. The designated on-scene representative will be the Patrol 
Commander.

    Dated: December 17, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, District Commander, Ninth Coast Guard 
District.
[FR Doc. 01-31843 Filed 12-26-01; 8:45 am]
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