[Federal Register Volume 70, Number 240 (Thursday, December 15, 2005)]
[Rules and Regulations]
[Pages 74202-74204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24068]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-05-135]
RIN 1625-AA00


Safety Zone; Chicago New Year's Celebration, 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 Chicago New Year's Celebration fireworks display. 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 11:59 p.m. (local time) on December 
31, 2005 through 12:15 a.m. (local time) on January 1, 2006.

ADDRESSES: Comments and material from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of the docket (CGD09-05-135], and are available for inspection or 
copying at Commanding Officer, U.S. Coast Guard Marine Safety Unit 
Chicago, 215 W. 83rd Street, Suite D, Burr Ridge, IL, 60527, between 8 
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: MST1 Kenneth Brockhouse, U.S. Coast 
Guard Marine Safety Unit Chicago, at (630) 986-2155.

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 a NPRM. The Coast Guard was not made 
aware that this event was to take place with sufficient time to allow 
for publication of a NPRM followed by a final rule. 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. Delaying this rule would be impracticable and immediate 
action is necessary to ensure the safety of spectators and vessels 
during this event. During the enforcement of this safety zone, comments 
will be accepted and reviewed and may result in a modification to the 
rule.

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 accidents that have occurred in other Captain of the 
Port zones and the explosive hazards of fireworks, the Captain of the 
Port Lake Michigan 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 Chicago New Year's Celebration fireworks 
display will encompass all waters of Lake Michigan bounded by the arc 
of a circle with a 700-foot radius with its center in the approximate 
position 41[deg]52'41'' N, 087[deg]36'37'' W (inside the breakwall of 
Monroe Harbor). These coordinates are based upon the North American 
Datum 1983 (NAD 83). The size of this zone was determined using the 
National Fire Prevention Association guidelines and local knowledge 
concerning wind, waves, and currents.
    All persons shall comply with the instructions of the Captain of 
the Port Lake Michigan or his designated on-scene representative. Entry 
into, transiting, or anchoring within the safety zone is prohibited 
unless authorized by the Captain of the Port Lake Michigan, or his 
designated on-scene representative. The designated on-scene 
representative is the Patrol

[[Page 74203]]

Commander. The Patrol Commander can be contacted via VHF Channel 16.

Regulatory Evaluation

    This 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. The Office of Management and Budget has not 
reviewed it 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 the regulatory policies 
and procedures of DHS is unnecessary.
    This finding is based on the relatively small percentage of vessels 
that would fall within the applicability of the regulation, the 
relatively small size of the limited area around the safety zone, the 
minimal amount of time that vessels will be restricted when the zone is 
being enforced. In addition, vessels that will need to enter the zone 
may request permission on a case-by-case basis from the Captain of the 
Port or the designated on-scene representatives.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule may affect the following entities, some of which might be 
small entities: The owners or operators of vessels intending to transit 
through the safety zone in and around the area.
    This proposed rule would not have a significant impact on a 
substantial number of small entities because the restrictions affect 
only a limited area for a brief amount of time. Further, transit 
through the zone may be permitted with proper authorization from the 
Captain of the Port Lake Michigan or his designated representative. 
Additionally, the opportunity to engage in recreational activities 
outside the limits of the safety zone will not be disrupted.
    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 (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 (1-800-734-3247).

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling

[[Page 74204]]

procedures; and related management systems practices) that are 
developed or adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that there are no factors in this case 
that would limit the use of a categorical exclusion under section 2.B.2 
of the Instruction. Therefore, we believe that this rule should be 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. This event 
establishes a safety zone therefore paragraph (34)(g) of the 
Instruction applies.
    A preliminary ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether the 
rule should be categorically excluded from further environmental 
review.

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. Add Sec.  165.T09.135 to read as follows: Sec.  165.T09.135 Safety 
Zone; Chicago New Year's Celebration, Lake Michigan, Chicago, IL.
    (a) Location. The following area is designated a safety zone: All 
waters of Lake Michigan bounded by the arc of a circle with a 700-foot 
radius with its center in the approximate position 41[deg]52'41'' N, 
87[deg]36'37'' W (inside the breakwall of Monroe Harbor). These 
coordinates are based upon the North American Datum 1983 (NAD 1983).
    (b) Effective Time and Date. This regulation is effective from 
11:59 p.m. (local time) December 31, 2005 until 12:15 a.m. (local time) 
January 1, 2006. Captain of the Port Lake Michigan or the on scene 
Patrol Commander may terminate this event at anytime.
    (c) Regulations. In accordance with the general regulations in 33 
CFR 165.23, entry into this zone is prohibited unless authorized by the 
Coast Guard Captain of the Port Lake Michigan, or the designated on-
scene representative.
    (1) This safety zone is closed to all marine traffic, except as may 
be permitted by the Captain of the Port or his duly appointed 
representative.
    (2) The ``duly appointed representative'' of the Captain of the 
Port is any Coast Guard commissioned, warrant or petty officer who has 
been designated by the Captain of the Port to act on his behalf. The 
representative of the Captain of the Port will be aboard either a Coast 
Guard or Coast Guard Auxiliary vessel.
    (3) Vessel operators desiring to enter or operate within the Safety 
Zone shall contact the Captain of the Port or his representative to 
obtain permission to do so. Vessel operators given permission to enter 
or operate in the Safety Zone shall comply with all directions given to 
them by the Captain of the Port or his representative.

    Dated: December 7, 2005.
S. P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 05-24068 Filed 12-14-05; 8:45 am]
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