[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Rules and Regulations]
[Pages 27466-27469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12493]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-203]
RIN 1625-AA00


Safety Zones; Captain of the Port Chicago Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing 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: This rule is effective on May 20, 2003.

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 CGD09-03-203 and are available for inspection or 
copying at Coast Guard Marine Safety Office Chicago, between 7:30 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: MST2 Kenneth Brockhouse, U.S. Coast 
Guard Marine Safety Office Chicago, at (630) 986-2175.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 14, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zones; Captain of the Port Chicago Zone, in the 
Federal Register (68 FR 7473, February 14, 2003). We received no 
letters commenting on the proposed rule. No public hearing was 
requested, and none was held.
    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 events listed in this rule 
have been regularly held on an annual basis with widespread public 
participation. The Coast Guard has not received any complaints or 
negative comments previously with regard to these events. Delaying the 
effective date would be contrary to public interest because events 
being held in early June would be without an enforceable zone, thus 
placing the safety and property of spectators at unnecessary risk.

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 merely consolidates past temporary 
rulemakings into one rulemaking, includes other events for the purpose 
of

[[Page 27467]]

uniformity, and allows for a more thoughtful, timely rulemaking 
process. This rulemaking will 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 Comments and Changes

    During the public comment period, the Coast Guard received no 
comments or related information pertaining to this rulemaking.

Regulatory Evaluation

    This 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. The 
Office of Management and Budget has exempted it from review under that 
Order. It is not significant under the regulatory policies and 
procedures of the Department of Homeland Security (DHS). 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 DHS is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this final 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 final 
rule will not have a significant economic impact on a substantial 
number of small entities.
    These safety zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
safety zone sizes were carefully considered and consist in size such 
that they will not obstruct the regular flow of commercial traffic and 
will allow vessel traffic to pass around the safety zone. In addition, 
in the event that it may be necessary, prior to transiting commercial 
vessels can request permission from the Captain of the Port Chicago to 
transit through the zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this final rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
No comments or questions were received from any small businesses.
    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 rule will 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

    We have 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 would not create an 
environmental risk to health or risk to safety that might 
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 would 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.

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.

List of Subjects in 33 CFR Part 165

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

0
For the reasons 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

0
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; Department of Homeland Security Delegation 
No. 0170.

0
2. Add Sec.  165.918 to read as follows:

[[Page 27468]]

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 42Sec.  
02'58'' N, 087Sec.  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 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. 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 safety zone 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 3rd 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 4th 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 2nd 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.
    (1) 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).
    (2) 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.
    (1) 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).
    (2) 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.

[[Page 27469]]

    (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 regulation by Notice of 
Implementation, Broadcast Local Notice to Mariners, or any other means 
deemed appropriate.

    Dated: May 5, 2003.
Raymond E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port, Chicago.
[FR Doc. 03-12493 Filed 5-19-03; 8:45 am]
BILLING CODE 4910-15-P