[Federal Register Volume 68, Number 125 (Monday, June 30, 2003)]
[Rules and Regulations]
[Pages 38609-38611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16458]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-223]
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 zone for 
the Taste of Chicago fireworks in 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 9 p.m. (local) to 10 p.m. (local), 
July 3, 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 [CGD09-03-223] and are available for inspection or 
copying at 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: 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. 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. For the same reasons, 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 Coast 
Guard has not received any complaints or negative comments previously 
with regard to this event.

[[Page 38610]]

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 hazards of fireworks, the Captain 
of the Port Chicago has determined fireworks launches in close 
proximity to watercraft pose significant risk to public safety and 
property. The likely combination of large numbers of recreation 
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 for the Taste of Chicago Fireworks will encompass 
all waters of Lake Michigan bounded by the arc of a circle with a 1000-
foot radius with its center in the approximate position 
41[deg]52[min]7[sec] N, 087[deg]35[min]65[sec] W. These coordinates are 
based upon the North American Datum 1983 (NAD 83).
    All persons 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 may be contacted via VHF Channel 16.

Regulatory Information

    This temporary final 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. 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 DHS is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zone and that the zone is 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 temporary final 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 will affect the following entities: the owners or 
operators of vessels intending to transit or anchor in a portion of 
Lake Michigan from 9 p.m. to 10 p.m., July 3, 2003. This regulation 
would not have a significant economic impact for the following reasons. 
The regulation is only in effect for one hour on one day. 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 (Pub. L. 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 final 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) 
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 temporary final 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 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 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 Manual 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 final 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

[[Page 38611]]

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 record 
keeping requirements, Security measures, Waterways.

0
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

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. A new temporary Sec.  165.T09-223 is added to read as follows:


Sec.  165.T09-223  Safety Zone: Lake Michigan, Chicago, IL.

    (a) Location. The following area is designated a safety zone: the 
waters of Lake Michigan within the arc of a circle with a 1000-foot 
radius with its center in the approximate position of 41[deg]52'07'' N, 
087[deg]35'65'' W. (NAD 1983).
    (b) Effective period. This section is effective from 9 p.m. (local) 
until 10 p.m. (local), on July 3, 2003.
    (c) Regulations. 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 the 
designated Patrol Commander.

    Dated: June 12, 2003.
Lynn M. Henderson,
Commander, U.S. Coast Guard, Acting Captain of the Port Chicago.
[FR Doc. 03-16458 Filed 6-27-03; 8:45 am]
BILLING CODE 4910-15-U