[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Rules and Regulations]
[Pages 34369-34372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14632]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0249]
RIN 1625-AA00


Safety Zones; City of Chicago's July 4th Celebration Fireworks, 
Lake Michigan, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing two temporary safety zones on 
Lake Michigan near Chicago, Illinois. These zones are intended to 
restrict vessels from a portion of Lake Michigan due to multiple 
firework displays. These temporary safety zones are necessary to 
protect the surrounding public and their vessels from the hazards 
associated with fireworks displays.

[[Page 34370]]


DATES: This rule is effective from 8:45 p.m. to 9:15 p.m. on July 4, 
2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2010-0249 and are available online by going to 
http://www.regulations.gov, inserting USCG-2010-0249 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, contact or e-mail Petty Officer Adam Kraft, U.S. Coast 
Guard Sector Lake Michigan, at (414) 747-7154 or [email protected]. 
If you have questions on viewing the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 28, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; City of Chicago's July 4th Celebration 
Fireworks, Chicago, Illinois in the Federal Register (75 FR 22330). We 
received 0 comments on the proposed rule. No public meeting was 
requested and none was held.
    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 
contrary to the public interest of ensuring the safety of spectators 
and vessels during this operation and immediate action is necessary to 
prevent possible loss of life or property from the dangers that are 
associated with firework displays.

Basis and Purpose

    These temporary safety zones are necessary to protect vessels from 
the hazards associated with the City of Chicago's July 4th Celebration 
Fireworks. The Captain of the Port, Sector Lake Michigan, has 
determined that the City of Chicago's July 4th Celebration Fireworks 
presents a significant risk to public safety and property. The likely 
combination of congested waterways and a fireworks display presents a 
significant risk of serious injuries or fatalities.

Discussion of Comments and Changes

    No comments were received concerning this rule. No substantive 
changes have been made to this rule as proposed.

Discussion of Rule

    There will be two separate temporary safety zones for this event. 
The first zone will encompass all waters of Lake Michigan within 
Chicago Harbor bounded by a line drawn from 41[deg]53'24'' N., 
087[deg]35'26'' W.; then south to 41[deg]53'09'' N., 087[deg]35'26'' 
W.; then east to 41[deg]53'09'' N., 087[deg]36'09'' W.; then north to 
41[deg]53'24'' N., 087[deg]36'09'' W.; then west returning to the point 
of origin. The second zone encompasses all waters of Lake Michigan 
within the arc of a circle with a 1000-foot radius from a fireworks 
launch site located on a barge in position 41[deg]58'17'' N., 
087[deg]38'25'' W. (NAD 83)
    All persons and vessels shall comply with the instructions of the 
Captain of the Port, Sector Lake Michigan, or his or her on-scene 
representative. Entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port, Sector 
Lake Michigan, or his or her on-scene representative. The Captain of 
the Port, Sector Lake Michigan, or his or her on-scene representative 
may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    This determination is based on the minimal time that vessels will 
be restricted from the zones and the zones are located in an area where 
the Coast Guard expects insignificant adverse impact to mariners from 
the zone's activation.

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 will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in a portion of Lake Michigan, Chicago, Illinois 
between 8:45 p.m. and 9:15 p.m. on July 4, 2010.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be enforced while unsafe conditions exist. In the event 
that this temporary safety zone affects shipping, commercial vessels 
may request permission from the Captain of The Port, Sector 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), in the NPRM 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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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,

[[Page 34371]]

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. No comments were received concerning this rule. No 
substantive changes have been made to this rule as proposed.

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 (adjusted for 
inflation) 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 cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights. No comments were received concerning this rule. No substantive 
changes have been made to this rule as proposed.

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. No comments were received 
concerning this rule. No substantive changes have been made to this 
rule as proposed.

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. No comments were received 
concerning this rule. No substantive changes have been made to this 
rule as proposed.

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. No comments were 
received concerning this rule. No substantive changes have been made to 
this rule as proposed.

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. No comments were received concerning this 
rule. No substantive changes have been made to this rule as proposed.

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. No comments were 
received concerning this rule. No substantive changes have been made to 
this rule as proposed.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves the establishment of a safety zone 
therefore paragraph (34)(g) of the Instruction applies.
    An environmental analysis checklist and a 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 proposes to 
amend 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 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.T09-0249 to read as follows:


Sec.  165.T09-0249  Safety Zone; City of Chicago's July 4th Celebration 
Fireworks, Lake Michigan, Chicago, Illinois.

    (a) Location. The following two areas are temporary safety zones: 
(1) All U.S. waters of Lake Michigan within Chicago Harbor bound by a 
line drawn from 41[deg]53'24'' N., 087[deg]35'26'' W.; then south to 
41[deg]53'09'' N., 087[deg]35'26'' W.; then east to 41[deg]53'09'' N., 
087[deg]36'09'' W.; then north to 41[deg]53'24'' N., 087[deg]36'09'' 
W.; then west returning to the point of origin. (2) All waters of Lake 
Michigan within the arc of a circle with a 1000-foot radius from a 
fireworks launch site located on a barge in position 41[deg]58'17'' N., 
087[deg]38'25'' W. (NAD 83).
    (b) Effective period. This regulation is effective from 8:45 p.m. 
until 9:15 p.m. on July 4, 2010. It will be enforced between 8:45 p.m. 
and 9:15 p.m. on July 4, 2010. The Captain of the Port, Sector Lake 
Michigan, or his or her on-scene representative may terminate this 
operation at anytime.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring in 
this safety zone is prohibited unless authorized by the Captain of the 
Port, Sector Lake Michigan, or his or her designated on-scene 
representative. (2) This safety zone is closed to all vessel traffic 
except

[[Page 34372]]

as permitted by the Captain of the Port, Sector Lake Michigan, or his 
or her designated on-scene representative. (3) The ``on-scene 
representative'' of the Captain of the Port, Sector Lake Michigan, is 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port, Sector Lake Michigan, to act on 
his or her behalf. The on-scene representative of the Captain of the 
Port, Sector Lake Michigan, will be aboard either a Coast Guard or 
Coast Guard Auxiliary vessel. (4) Vessel operators desiring to enter or 
operate within the safety zone shall contact the Captain of the Port, 
Sector Lake Michigan, or his or her on-scene representative to obtain 
permission to do so. The Captain of the Port, Sector Lake Michigan, or 
his or her on-scene representative may be contacted via VHF Channel 16. 
Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port, Sector Lake Michigan, or his or her on-scene representative.

    Dated: June 3, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-14632 Filed 6-16-10; 8:45 am]
BILLING CODE 9110-04-P