[Federal Register Volume 67, Number 247 (Tuesday, December 24, 2002)]
[Rules and Regulations]
[Pages 78385-78386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32408]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-526]
RIN 2115-AA97


Safety Zone; Lake Michigan, Chicago, IL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the City of Chicago New Year's Celebration Fireworks in Monroe Harbor, 
Chicago, Illinois. This safety zone is necessary to protect vessels and 
spectators from potential airborne hazards during a planned fireworks 
display over Lake Michigan. The safety zone is intended to restrict 
vessels from a portion of Lake Michigan off Chicago, Illinois.

DATES: This rule is effective from 11:55 p.m. (local), December 31, 
2002 until 12:20 a.m. (local), January 1, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD09-02-526] 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 60527, between 7:30 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: MST3 Kathryn Varela, 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 NPRM 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 
complaints or negative comments with regard to this event.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and spectators from hazards associated with a fireworks 
display. 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 persons and property at these events and help minimize 
the associated risks.
    The safety zone will encompass the waters of Lake Michigan within 
the arc of a circle with a 1400-foot radius from the fireworks launch 
site in Monroe Street Harbor with its center in the approximate 
position 41[deg]52'41'' N, 087[deg]36'37'' W. Entry into, transit 
through or anchoring within this safety zone is prohibited unless 
authorized by the Captain of the Port, Chicago or his designated on-
scene representative. The designated on-scene representative may be 
contacted on VHF/FM Marine Channel 16. All geographic coordinates are 
North American Datum of 1983 (NAD 83).

Regulatory Evaluation

    This 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 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. 601-612), 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 regulation will not have a significant economic impact for the 
following reasons. The regulation is only in effect for less then one 
hour. The designated area is being established to allow for maximum use 
of the waterway for vessels to enjoy the fireworks display in a safe 
manner. In addition, commercial vessels transiting the area can transit 
around the safety zone. The Coast Guard will inform the public that

[[Page 78386]]

the regulation is in effect via a Broadcast Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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 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 rule will not affect 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 
create an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

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

Energy Effects

    We have analyzed this 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.

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.

List of Subjects in 33 CFR Part 165

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


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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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; 49 CFR 1.46.


    2. A new temporary Sec.  165.T09-526 is added to read as follows:


Sec.  165.T09-526  Safety Zone; Lake Michigan, Chicago, IL.

    (a) Location. The safety zone will encompass the waters of Lake 
Michigan within the arc of a circle with a 1400-foot radius from the 
fireworks launch site in Monroe Street Harbor with its center in 
approximate position 41[deg]52'41'' N, 087[deg]36'37'' W (NAD 1983).
    (b) Effective time and date. This section is effective from 11:55 
p.m. (local) December 31, 2002 until 12:20 a.m. (local), on January 1, 
2003.
    (c) Regulations. This safety zone is being established to protect 
the boating public during a planned fireworks display. 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.

    Dated: December 15, 2002.
R.E. Seebald,
Captain, Coast Guard, Captain of the Port Chicago.
[FR Doc. 02-32408 Filed 12-23-02; 8:45 am]
BILLING CODE 4910-15-P