[Federal Register Volume 68, Number 133 (Friday, July 11, 2003)]
[Rules and Regulations]
[Pages 41269-41271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17599]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-222]
RIN 1625-AA00


Safety Zone; Lake Michigan, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 41270]]

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 11 p.m. (local), 
July 14, 2003 until 1 a.m. on July 15, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CDG09-03-222 and are available for 
inspection or copying at U.S. Coast Guard Marine Safety Office Chicago, 
215 W. 83rd Street, Suite D, Burr Ridge, IL 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. The Coast Guard has not received any complaints or 
negative comments previously with regard to this event.
    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 will 
issue a broadcast notice to mariners and may place Coast Guard vessels 
in the vicinity of this zone to advise mariners of the restriction.

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 700 foot radius with its center in 
approximate position 41[deg]52[min]15[sec] N; 087[deg]36[min]44[sec] 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 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 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 whether this rule will 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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will 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 (Pub. L. 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 will 
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 will 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

[[Page 41271]]

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 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

    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 Manual M16475.1D, 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 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.


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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. A new temporary Sec.  165.T09-222 is added to read as follows:


Sec.  165.T09-222  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 700-foot radius with its 
center in approximate position 41[deg]52[min]15[sec] N; 
087[deg]36[min]44[sec] W (NAD 83).
    (b) Regulations. 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 11 p.m. July 14, 
2003 until 1 a.m. on July 15, 2003.

    Dated: June 25, 2003.
Raymond E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 03-17599 Filed 7-10-03; 8:45 am]
BILLING CODE 4910-15-P