[Federal Register Volume 68, Number 31 (Friday, February 14, 2003)]
[Proposed Rules]
[Pages 7473-7476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3739]



[[Page 7473]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-03-203]
RIN 2115-AA97


Safety Zones; Captain of the Port Chicago Zone

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish fifteen permanent safety 
zones for annual fireworks displays throughout the Captain of the Port 
Chicago Zone. These safety zones are necessary to control vessel 
traffic within the immediate vicinity of fireworks launch sites and to 
ensure the safety of life and property during each event. These safety 
zones are intended to restrict vessels from the area encompassed by the 
safety zone for the duration of each fireworks display.

DATES: Comments and related material must reach the Coast Guard on or 
before March 17, 2003.

ADDRESSES: You may mail or hand-deliver comments and related material 
to Commanding Officer, U.S. Coast Guard Marine Safety Office (MSO) 
Chicago, 215 W. 83rd Street Suite D, Burr Ridge, IL. 60527. MSO Chicago 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as the documents indicated in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at MSO Chicago 
between 8 a.m. and 3 p.m. Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: MST3 Kathryn Varela, MSO Chicago, at 
(630) 986-2175.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages you to participate in this rulemaking by 
submitting comments and related material. Persons submitting comments 
should include their name and address, identify this rulemaking (CGD09-
03-203) and indicate the specific event and section of this proposal to 
which each comment applies, and give the reason for each comment. 
Please submit two copies of all comments and attachments in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for photocopying 
and electronic filing. Persons wanting acknowledgement for receipt of 
comments should enclose a stamped, self-addressed envelope or postcard.
    The Coast Guard will consider all comments and material received 
during the comment period. We may change this proposal in view of them.

Public Meeting

    The Coast Guard does not plan to hold a public hearing. Persons may 
request a public meeting by writing to Marine Safety Office Chicago at 
the address listed under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    Each year, various organizations in Illinois and Michigan sponsor 
fireworks displays at the same locations during the same general time 
periods. Based on recent accidents that have occurred in other Captain 
of the Port zones, and the explosive hazards associated with these 
events, the Captain of the Port Chicago has determined that fireworks 
launches in close proximity to watercraft pose a risk to public safety 
and property. The likely combination of large numbers of inexperienced 
recreational boaters, 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 will ensure the safety of 
persons and property at these events and help minimize the associated 
risk.
    In the past, and for those reasons stated above, the Captain of the 
Port has annually promulgated separate temporary rulemaking for each 
fireworks event. This proposed rule would merely consolidates past 
temporary rulemakings into one rulemaking, would include other events 
for the purpose of uniformity, and would allow for a more thoughtful, 
timely rulemaking process. This rulemaking would create a permanent 
rule listing the safety zones for each fireworks launch platform used 
for each fireworks display. All geographic coordinates are based upon 
North American Datum 1983 (NAD 83).

Discussion of Proposed Rule

    The Coast Guard is proposing to establish a safety zone around all 
annual fireworks events in the Captain of the Port Chicago area. The 
proposed size was determined by using the National Fire Protection 
Association standards.
    The Coast Guard believes these proposed rules will not pose any 
additional problems for commercial vessels transiting the area. In the 
unlikely event that shipping is affected by these proposed rules, 
commercial vessels may request permission from the Captain of the Port 
Chicago, or his designated representative, to transit through the 
safety zone. No commercial shipping lanes would be impacted as a result 
of this rulemaking.
    The Coast Guard would announce the exact dates and times for these 
events by publishing a Notice of Implementation in the Federal Register 
at least ten days prior to the beginning of the event, and by 
publishing this information in the Ninth Coast Guard District Local 
Notice to Mariners, marine information broadcasts, and, for those who 
request it from MSO Chicago, by facsimile (fax).

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 on Regulatory Planning and Review 
and therefore 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 this rule under that order. It is non-
significant under Department of Transportation regulatory policies and 
procedures (DOT) (44 FR 11040, February 26, 1979). If comments are 
received to indicate otherwise, the Captain of the Port may reconsider 
this determination. The Coast Guard expects the economic impact of this 
proposed 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 finding is based on the minimal time that vessels 
will be restricted from the zone.

Small Entities

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the Captain of the Port Chicago has determined that this rule 
will not have a significant 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit or anchor in a portion of an 
activated

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safety zone. The safety zone would not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This proposed rule would be in effect for only a few hours on 
the day of the event on an annual basis. Vessel traffic could safely 
pass outside the proposed safety zone during the events, traffic would 
be allowed to pass through the safety zone only with the permission of 
the Captain of the Port Chicago's on-scene representative which will be 
the U.S. Coast Guard Patrol Commander. At least ten days before the 
effective period, the Coast Guard will publish a Notice of 
Implementation in the Federal Register. In addition, the exact times 
and dates will be published in the Ninth Coast Guard District Local 
Notice to Mariners, broadcasts made via the Broadcast Notice to 
Mariners and facsimile sent to operators of vessels who might be in the 
affected area who request such. 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), the Coast Guard wants to 
assist small entities in understanding this rule so that they can 
better evaluate its effects and participate in the rulemaking process. 
If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Marine Safety 
Office Chicago (see ADDRESSES.)

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 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 proposed rule would 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 proposed 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 proposed rule under Executive 
Order 13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This proposed 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 has considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraph 32(g) of 
Commandant Instruction M16475.1C, this proposed 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.

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 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 in 33 CFR Part 165

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

    For the reason discussed in the preamble, the Coast Guard proposes 
to amend 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. Add Sec.  165.918 to read as follows:


Sec.  165.918  Safety Zones; Annual Fireworks Displays in the Captain 
of the Port Chicago Zone

    (a) Safety zones. The following areas are designated safety zones:
    (1) Evanston Fourth of July Fireworks--Evanston, IL
    (i) Location. All waters and adjacent shoreline of Lake Michigan 
bounded by the arc of a circle with a 1000-foot radius from the 
fireworks launch site with its center in approximate position 
42[deg]02'58'' N, 087[deg]40'22'' W (NAD 83).
    (ii) Expected date and time. First Week in July; sunset to 
termination of display.
    (2) Independence Day Fireworks--Manistee, MI.
    (i) Location. All waters and adjacent shoreline of Lake Michigan 
within the arc of a circle with a 1000-foot radius from the fireworks 
launch site with its center in approximate position 44[deg]14'51'' N, 
086[deg]20'46'' W (NAD 83) (Off First Street Beach).
    (ii) Expected date and time. First Week in July; sunset to 
termination of display.
    (3) Independence Day Fireworks--Lake Kalamazoo, Saugatuck, MI.
    (i) Location. All waters and adjacent shoreline of Lake Michigan 
within the arc of a circle with a 1000-foot radius from the fireworks 
launch site with its center in approximate position 42[deg]38'52.5'' N, 
086[deg]12'18.5'' W (NAD 83).

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    (ii) Expected date and time. First Week in July; sunset to 
termination of display.
    (4) Independence Day Fireworks--White Lake, Whitehall, MI.
    (i) Location. All waters and adjacent shoreline of White Lake, 
Whitehall, MI. within the arc of a circle with a 1000-foot radius from 
the fireworks launch site with its center in approximate position of 
43[deg]24'33.5'' N, 086[deg]21'28.5'' W (NAD 83).
    (ii) Expected date and time. First Week in July; sunset to 
termination of display.
    (5) Pentwater July 3rd Fireworks--Lake Michigan, Pentwater, MI.
    (i) Location. All waters and adjacent shoreline of Lake Michigan 
and the Shipping Channel, Pentwater, MI. within the arc of a circle 
with a 1000-foot radius from the fireworks launch site on the North 
Breakwall with its center in approximate position of 43[deg]46'56.5'' 
N, 086[deg]26'38'' W (NAD 83).
    (ii) Expected date and time. First Week in July; sunset to 
termination of display.
    (6) Venetian Night Fireworks--Lake Kalamazoo, Saugatuck, MI.
    (i) Location. All waters and adjacent shoreline of Lake Kalamazoo, 
Saugatuck, MI. within the arc of a circle with a 1000-foot radius from 
the fireworks launch site with its center in approximate position 
42[deg]38'52.5'' N, 086[deg]12'18.5'' W (NAD 83).
    (ii) Expected date and time. The fourth weekend in July; or the 
first weekend in August; sunset to termination of display.
    (7) Venetian Night Fireworks--Lake Michigan, Hammond, IN.
    (i) Location. All waters and adjacent shoreline of Lake Michigan, 
Hammond, IN. within the arc of a circle with a 840-foot radius from the 
fireworks launch site with its center in approximate position of 
41[deg]41'54'' N, 087[deg]30'46'' W (NAD 83).
    (ii) Expected date and time. The first weekend in August; sunset to 
termination of display.
    (8) Venetian Night Fireworks--Monroe Street Harbor--Chicago, IL.
    (i) Location. All waters and adjacent shoreline of Lake Michigan, 
Chicago, IL. within the arc of a circle with a 1000-foot radius from 
the fireworks launch site at Monroe Street Harbor with its center in 
approximate position of 41[deg]52'41'' N, 087[deg]36'37'' W (NAD 83).
    (ii) Expected date and time. The fourth weekend in July; or the 
first weekend in August; sunset to termination of display.
    (9) Wings Over the Lake Air Show--Michigan City, IN.
    (i) Location. All waters and adjacent shoreline of Lake Michigan, 
off Washington Park, Michigan City, IN. encompassed by a line drawn 
between the following coordinates starting at 41[deg]43'39'' N, 
086[deg]54'32'' W; northwest to 41[deg]44'06'' N, 086[deg]54'44'' W; 
northeast to 41[deg]44'21'' N, 086[deg]53'52'' W; southeast to 
41[deg]43'55'' N, 086[deg]53'40'' W; then southwest back to the point 
of origin (NAD 83). The box starts approximately 250-feet from the East 
Pierhead and 250-feet from Washington Park Beach.
    (ii) Expected date and time. The first week in July.
    (10) YMCA Lake Michigan Swim--Ferrysburg, MI.
    (i) Location. All waters and adjacent shoreline of Lake Michigan, 
off the Ferrysburg North Pier within 100-feet of a straight line from 
43[deg]03.45' N, 086[deg]13.4' W; to 43[deg]05' N, 086[deg]15.24' W 
(NAD 83).
    (ii) Expected date and time. The third week in July; from 8 a.m. 
(local) until the end of the event.
    (11) Team Aquatics Ski Show--Grand River, Grand Haven, MI.
    (i) Location. All waters and adjacent shoreline of the Grand River, 
Grand Haven, MI. from 43[deg]04'08'' N, 086[deg]14'13'' W; thence east 
to 43[deg]04'06'' N, 086[deg]14'07'' W; thence southwest to 
43[deg]03'53'' N, 086[deg]14'14'' W; and east to 43[deg]03'51.5'' N, 
086[deg]14'07.5'' W (NAD 83).
    (ii) Expected date and time. The fourth week in July; from 6 p.m. 
(local) until 8:30 p.m. (local).
    (12) Chicago Flatwater Classic--Chicago River, Chicago, IL.
    (i) Location. All waters and adjacent shoreline of the Chicago 
River from a line drawn across the river at mile marker 323 to a line 
drawn across the river at mile marker 331.
    (ii) Expected date and time. The second weekend in August; from 9 
a.m. (local) until 3:30 p.m. (local).
    (13) Navy Pier Summer Fireworks--Lake Michigan, Chicago, IL.
    (i) Locations.
    (A) Primary launch site. All waters and adjacent shoreline of Lake 
Michigan bounded by the arc of a circle with a 1400-foot radius from 
the fireworks launch platform with its center in approximate position 
41[deg]53'18'' N, 087[deg]36'08'' W (NAD 83).
    (B) Alternate launch site. In the case of inclement weather, the 
alternate launch site is all waters and adjacent shoreline of Lake 
Michigan bounded by the arc of a circle with a 1400-foot radius with 
its center in approximate position 41[deg]53'24'' N, 087[deg]35'44'' W 
(NAD 83).
    (ii) Expected dates and times. Every Wednesday and Saturday evening 
from 9 p.m. (local) until termination of display from June 1 thru 
September 1.
    (14) Navy Pier 4th of July Fireworks--Lake Michigan, Chicago, IL.
    (i) Locations.
    (A) Primary launch site. All waters and adjacent shoreline of Lake 
Michigan bounded by the arc of a circle with a 1400-foot radius from 
the fireworks launch platform with its center in approximate position 
41[deg]53'18'' N, 087[deg]36'08'' W (NAD 83).
    (B) Alternate launch site. In the case of inclement weather, the 
alternate launch site is all waters and adjacent shoreline of Lake 
Michigan bounded by the arc of a circle with a 1400-foot radius with 
its center in approximate position 41[deg]53'24'' N, 087[deg]35'44'' W 
(NAD 83).
    (ii) Expected date and time. The first week of July; sunset to 
termination of display.
    (15) St. Joseph's River Marathon Swim--St. Joseph, MI.
    (i) Location. All the waters of Lake Michigan (off of St. Joseph, 
MI.), and the St. Joseph River, within 100-feet of the race course.
    (ii) Expected date and time. The 3rd week in July; from 11 a.m. 
(local) until the end of the event.
    (b) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. 
Coast Guard vessel via siren, radio, flashing light, or other means, 
the operator shall proceed as directed. U.S. Coast Guard Auxiliary, 
representatives of the event organizer, and local or state officials 
may be present to inform vessel operators of this regulation and other 
applicable laws.
    (3) In cases where shipping is affected, commercial vessels may 
request permission from the Captain of the Port Chicago to transit the 
safety zone. Approval in such cases will be case-by-case. Requests must 
be made in advance and approved by the Captain of the Port before 
transits will be authorized. The Captain of the Port may be contacted 
via Channel 16, VHF-FM.
    (c) Captain of the Port Chicago will announce the exact time and 
location of the annual events listed in this section by publication of 
a Notice of Implementation in the Federal Register at least ten days 
prior to the beginning of the event, Broadcast Local Notice to 
Mariners, or any other means deemed appropriate.


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    Dated: January 30, 2003.
L.M. Henderson,
Commander, U.S. Coast Guard, Acting Captain of the Port, Chicago.
[FR Doc. 03-3739 Filed 2-13-03; 8:45 am]
BILLING CODE 4910-15-P