[Federal Register Volume 67, Number 95 (Thursday, May 16, 2002)]
[Rules and Regulations]
[Pages 34838-34840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12314]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD 09-02-013]
RIN 2115-AA98 and 2115-AA97


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

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 WXRT fireworks display in Chicago Harbor over Memorial Day 
weekend. The safety zone is necessary for the protection and safety of 
passengers and vessels during the fireworks display. The safety zone is 
intended to restrict vessel traffic from a portion of the Chicago 
Harbor, in particular, the Monroe Street Harbor area. During this 
event, vessels will be unable to enter or exit the Monroe Street 
Harbor.

DATES: This temporary final rule is effective from 9 p.m. (local) on 
May 25, 2002 through 10 p.m. (local) on May 26, 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 (CGD-09-02-013) and are available for inspection or 
copying at: U.S. Coast Guard Marine Safety Office Chicago, 215 W. 83rd 
Street, Burr Ridge, IL 60527 between 9:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Al Echols, U.S. 
Coast Guard Marine Safety Office Chicago, at (630) 986-2125.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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, and 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. The permit application was 
not received in time to publish an NRPM followed by a final rule before 
the necessary 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

[[Page 34839]]

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 firework 
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 into 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 these events and help minimize any 
risks.

Discussion of Rule

    The safety zone will encompass a portion of the Monroe Street 
Harbor including a portion of two of the Grant Park anchorage areas (33 
CFR 110.83(a) and (d)), the entrance to the Monroe Street Harbor, as 
well as a portion outside the breakwall for Monroe Street Harbor.
    In order to avoid effectively suspending anchorage areas 110.83(a) 
and 110.83(d) in their entirety, this rule creates temporary anchorage 
areas 110.83(e) and 110.83(f) which omit from the areas described in 
(a) and (d) only those portions of the suspended anchorage areas 
impacted by the safety zone. For the duration of this rule, any vessel 
anchored or moored in those portions of the suspended anchorage areas 
that overlap the safety zone must comply with lighting requirements for 
vessels at anchor.
    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 
Chicago's designated on scene representative will be the Patrol 
Commander. The Captain of the Port or his designated on scene 
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, Regulatory Planning and 
Review, and does not require an assessment of potential costs and 
benefits under section 6(a)(3) of that Order. The Office of Management 
and Budget has not reviewed it 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 temporary rule 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. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This temporary rule will affect the following entities, some of 
which might be small entities: The owners or operators of commercial 
vessels intending to transit a portion of an activated safety zone.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
temporary zone is only in effect for a few hours on the day of the 
event. Vessel traffic can safely pass outside the proposed safety zone 
during the event. Traffic may be allowed to pass through the safety 
zone under Coast Guard escort with the permission of the Captain of the 
Port Chicago. Before the effective period, we will issue maritime 
advisories widely available to users of the Port of Chicago by the 
Ninth Coast Guard District Local Notice to Mariners, Marine information 
broadcasts, and facsimile broadcasts may also be made.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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 temporary rule calls for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132, Federalism, 
and have determined that this rule does not have implications for 
federalism 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 temporary 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

[[Page 34840]]

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 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

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.

Environment

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

Energy Effects

    We have analyzed this temporary 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 
recordkeeping requirements, Security measures, Waterways.


    For the reasons discussed 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:

    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  Suspended]

    2. From 9 p.m. (local time) on May 25, 2002 until 10 p.m. (local 
time) on May 26, 2002, Sec. 110.83(a) and Sec. 110.83(d) are suspended 
and new temporary paragraphs (e) and (f) are added to read as follows:


Sec. 110.83  Chicago Harbor, Ill.

* * * * *
    (e) Grant Park North. Starting at 41 deg.52'32" N, 087 deg.36'57.4" 
W; then north to 41 deg.52'49' N, 087 deg.36'57.4 W; then east to 
41 deg.52'49" N, 087 deg.36'55.2" W; then north to 41 deg.52'53.2" N, 
087 deg.36'55.2" W; then northeast to 41 deg.52'57" N, 087 deg.36'45.1" 
W; then southeast to 41 deg.52'52.8" N, 087 deg.36'38.5" W; then south 
to 41 deg.52'43" N, 087 deg.36'38" W; then west to 41 deg.52'43" N, 
087 deg.36'43" W; then south to 41 deg.52'32" N, 087 deg.36'41" W; then 
west back to the starting point.
    (f) Grant Park South. Starting at 41 deg.52'31.1" N, 
087 deg.36'57.1" W; then east to 41 deg.52'31.5" N, 087 deg.36'43" W; 
then south to 41 deg.52'28", 087 deg.36'43" W; then east to 
41 deg.52'28" N, 087 deg.36'39" W; then southwest to 41 deg.52'7.8" N, 
087 deg.36'55.2" W; then northwest to 41 deg.52'8.6" N, 
087 deg.36'57.4" W; then north back to the starting point.

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. From 9 p.m. (local time) on May 25, 2002 until 10 p.m. May 26, 
2002, a new temporary Sec. 165.T09-005 is added to read as follows:


Sec. 165.T09-005  Safety Zone; Chicago Harbor, Chicago, Illinois.

    (a) Location. The following is a safety zone: all waters of Lake 
Michigan encompassed by a line starting at 41 deg. 52'43'' N, 
087 deg.36'43" W; then east to 41 deg.52'43" N, 087 deg.36'16" W; then 
south to 41 deg. 52'28" N, 087 deg.36'16" W; then west to 41 deg.52'28" 
N, 087 deg.36'43" W; then north back to the beginning (NAD 83). This 
area includes a portion of the Monroe Street Harbor and the Grant Park 
anchorage areas (33 CFR 110.83(a) and (d)), the entrance to the Monroe 
Street Harbor, as well as a portion outside the breakwall for Monroe 
Street Harbor.
    (b) Effective time and date. This section is effective from 9 p.m. 
(local time) until 10 p.m. (local time) on May 25, 2002. In the event 
the fireworks display is cancelled due to inclement weather, this 
section is effective during these same times on May 26, 2002.
    (c) Regulations. In accordance with Sec. 165.23, entry into this 
zone is prohibited unless authorized by the Coast Guard Captain of the 
Port Chicago, or his designated on scene representative. Section 165.23 
also contains other general requirements.

    Dated: April 30, 2002.
James D. Hull,
Rear Admiral, U.S. Coast Guard, District Commander, Ninth Coast Guard 
District.
[FR Doc. 02-12314 Filed 5-15-02; 8:45 am]
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