[Federal Register Volume 68, Number 112 (Wednesday, June 11, 2003)]
[Rules and Regulations]
[Pages 34803-34805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14588]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-215]
RIN 1625-AA00


Safety Zone; Lake Michigan, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety 
encompassing a portion of Lake Michigan, Chicago, IL. This safety zone 
is necessary to protect vessels and spectators from potential airborne 
hazards during a planned fireworks display over a portion of Lake 
Michigan. The safety zone is intended to restrict vessel traffic from a 
portion of Lake Michigan, Chicago, Illinois.

DATES: This temporary final rule is effective from 10 p.m. (local), 
until 11 p.m. on June 14, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CDG09-03-215 and are available for 
inspection or copying at U.S. Coast Guard Marine Safety Office Chicago, 
215 W. 83rd Street, Chicago, Illinois 60527 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) 986-2125.

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. Similarly, 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 
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 fireworks 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 platform will 
help ensure the safety of persons and property at these events and help 
minimize the associated risks.

Discussion of Rule

    The safety zone will encompass all waters of Lake Michigan bounded 
by the arc of a circle with a 1000 foot radius with its center in 
approximate position 41[deg] 52'15'' N; 087[deg] 36'44'' W. These 
coordinates are based upon North American Datum 1983 (NAD 83). All 
vessels except those officially participating in this event are 
prohibited from entering the safety zone without the permission of the 
Captain of the Port Chicago or his on-scene representative. The on-
scene representative will be the Patrol Commander, and may be contacted 
via VHF Channel 16.

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 not reviewed this rule under that 
Order. It is not significant under the regulatory policies and 
procedures of the Department of Homeland Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under 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

[[Page 34804]]

whether this rule would 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 rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would 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 
zone is only in effect for two hours on the day of the event.
    The designated area is being established to allow for maximum use 
of the waterway for commercial vessels to enjoy the fireworks display 
in a safe manner. In addition, commercial vessels transiting the area 
can transit around the area. The Coast Guard will give notice to the 
public via a Broadcast to Mariners that the regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want 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.)
    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 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 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) 
governs the issuance of Federal regulations that 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 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 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 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

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph 32(g) of Commandant 
Instruction M16475.1D, 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 record 
keeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 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, 160.5; Department of Homeland Security Delegation 
No. 0170.


0
2. A new temporary Sec.  165.T09-215 is added to read as follows:


Sec.  165.T09-215  Safety Zone; Lake Michigan, Chicago, Illinois.

    (a) Location. The following is a safety zone: All waters of Lake 
Michigan bounded by the arc of a circle with a 1000-foot radius with 
its center in approximate position 41[deg]52'15'' N; 087[deg]36'44'' W 
(NAD 83).
    (b) 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 
the zone is prohibited unless authorized by the Coast Guard Captain of 
the Port, Chicago, or the designated Patrol Commander.
    (c) Effective date. This section is effective from 10 p.m. until 11 
p.m. on June 14, 2003.


[[Page 34805]]


    Dated: May 21, 2003.
Glenn A. Cekus,
Commander, U.S. Coast Guard, Acting Captain of the Port Chicago.
[FR Doc. 03-14588 Filed 6-10-03; 8:45 am]
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