[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Rules and Regulations]
[Pages 37833-37835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10319]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-071]
RIN 1625-AA00


Safety Zone; Mineola Bay Fireworks, Fox Lake, 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 Mineola Bay Fireworks Display in Fox Lake, IL on July 1, 2006. The 
safety zone is necessary to protect vessels and spectators from 
potential airborne hazards during a planned fireworks display. This 
safety zone is intended to restrict vessels from a portion of Mineola 
Bay, Fox Lake, IL.

DATES: This temporary final rule is effective from 9:30 p.m. (local) 
until 10 p.m. (local) on July 1, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CDG09-06-071] and are available for 
inspection or copying at Marine Safety Unit 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: MST1 Franklin Spedoske, U.S. Coast 
Guard Marine Safety Unit Chicago, at (630) 986-2155.

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.
    Under 5 U.S.C. 553(d)(3), good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register. 
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 the explosive hazard of fireworks, the Captain of the 
Port Lake Michigan has determined firework 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, 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 of these events and help minimize the 
associated risks. 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 and may be 
contacted via VHF radio Channel 16.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of 
spectators and vessels during the setup, loading and launching of a 
fireworks display in conjunction with the Mineola Bay Fireworks 
display. The fireworks display will occur between 9:30 p.m. (local) and 
10 p.m. (local) on July 1, 2006.
    The safety zone will encompass all waters and adjacent shoreline of 
Mineola Bay bounded by the arc of a circle with a radius of 600-feet 
with its center in the approximate position 42[deg]23'45'' N; 
088[deg]10'05'' W. These coordinates are based upon North American 
Datum 1983 (NAD 1983). The size of this zone was determined using the 
National Fire Prevention Association guidelines and local knowledge 
concerning wind, waves, and currents.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene 
representative. Entry into, transiting, or anchoring within the

[[Page 37834]]

safety zone is prohibited unless authorized by the Captain of the Port 
Lake Michigan or his designated on-scene representative. The Captain of 
the Port or his designated on-scene representative may be contacted via 
VHF Channel 16.

Regulatory Evaluation

    This temporary 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 it 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Homeland Security (DHS) (44 FR 
11040; February 26, 1979). 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 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 safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will be in effect from 9:30 p.m. (local) until 10 p.m. (local) on 
July 1, 2006 for one event. In the event that this temporary safety 
zone affects shipping, commercial vessels may request permission from 
the Captain of the Port Lake Michigan to transit through the safety 
zone. 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, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule contains no information collection requirements 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 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

    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. 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.

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 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 rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would

[[Page 37835]]

limit the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. This rule fits the category from paragraph 
(34)(g) because it establishes a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
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 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 safety zone Sec.  165.T09-071 is added to read as 
follows:


Sec.  165.T09-071  Safety Zone; Mineola Bay Fireworks, Fox Lake, IL.

    (a) Location. The following is a safety zone: all waters and 
adjacent shoreline of Mineola Bay bounded by the arc of a circle with a 
radius of 600-feet with its center in the approximate position 
42[deg]23'45'' N, 088[deg]10'05'' W (NAD 1983).
    (b) Definitions. The following definitions apply to this section: 
Designated on-scene representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers, and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP), Buffalo, New 
York, in the enforcement of regulated navigation areas and safety and 
security zones.
    (c) Effective time and date. This rule is effective from 9:30 p.m. 
(local) until 10 p.m. (local) on July 1, 2006.
    (d) Regulations. In accordance with Sec.  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. Section 
165.23 also contains other general requirements.

    Dated: June 22, 2006.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. E6-10319 Filed 6-30-06; 8:45 am]
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