[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63202-63204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26125]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0489]
RIN 1625-AA87


Security Zones; Captain of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: Based on a review of safety and security zones around critical 
infrastructure in the Chicago area, the Captain of the Port Sector Lake 
Michigan has determined that to better protect such infrastructure, 
while also mitigating burdens on waterway users, it is necessary to 
amend the Lake Michigan at Chicago Harbor & Burnham Park Harbor--Safety 
and Security Zone regulation and the Security Zones; Captain of the 
Port Lake Michigan regulation. Specifically, the Coast Guard is 
amending these two regulations to reduce the size of an existing 
security zone, disestablish another security zone, and create three new 
security zones.

DATES: This rule is effective November 14, 2011.

ADDRESSES: Comments and material received from the public, if any, as 
well as documents indicated in this preamble as being available in the 
docket, are part of docket USCG-2011-0489 and are available online at 
http://www.regulations.gov. This material is also available for 
inspection or copying at two locations: 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 and the U.S. Coast Guard Sector Lake Michigan, 2420 South 
Lincoln Memorial Drive, Milwaukee, WI 53207, between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call LTJG Furyisa Miller, Waterways Department, Coast Guard MSU 
Chicago, Chicago, IL at (630) 986-2122 or e-mail her at 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 9, 2011, we published a notice of proposed rulemaking 
entitled Security Zones; Captain of the Port Lake Michigan Zone in the 
Federal Register (76 FR 48751). We received no comments on this rule. 
No public meeting was requested, and none was held.

Background and Purpose

    The Coast Guard recently worked with local governmental agencies to 
review the safety and security zones around critical infrastructure in 
the Chicago area. Based on this review, the Captain of the Port Sector 
Lake Michigan had determined that to better protect critical 
infrastructure while also mitigating burdens on waterway users it is 
necessary to reduce the size of an existing security zone, disestablish 
an existing security zone, and establish three new security zones.

Discussion of Comments and Changes

    No comments were received regarding this rule, and the regulatory 
text of this final rule is the same as in the proposed rule; we made no 
changes.

Discussion of Rule

    For the reasons discussed above, the Captain of the Port Sector 
Lake Michigan amends 33 CFR 165.904 and 165.910. Specifically, this 
rule will reduce the size of the safety and security zone entitled Lake 
Michigan at Chicago Harbor & Burnham Park Harbor-Safety and Security 
Zone, which is located at 33 CFR 165.904. The revised zone will be 
significantly reduced in size due to the disestablishment of Meigs 
Airfield and the need to secure only Burnham Park harbor during high 
profile visits that require security zone enforcement. This reduction 
of the Chicago Harbor & Burnham Park Harbor-Safety and Security Zone 
will result in the zone encompassing all U.S. navigable waters of Lake 
Michigan from the southeast corner of Northerly Island shoreward of a 
line across the entrance of the harbor connecting coordinates 
41[deg]51'09'' N, 087[deg]36'36'' W and 41[deg]51'11'' N, 
087[deg]36'22'' W.
    In addition to reducing the size of the security zone described in 
Sec.  165.904(a), this rule also disestablishes a security zone. 
Specifically, this rule disestablishes the security zone in 33 CFR 
165.910(a)(1) entitled Security Zones; Captain of the Port Lake 
Michigan; Navy Pier Northside.
    Finally, this rule establishes three new security zones in 33 CFR 
165.910. The first new security zone, designated paragraph (a)(1) which 
was formerly used for the Navy Pier Northside

[[Page 63203]]

security zone discussed above, will be located in the vicinity of the 
Jardine Water Treatment Plant Chicago, Illinois. The Jardine Water 
Filtration Plant security zone will encompass all U.S. navigable waters 
of Lake Michigan within an arc of a 100-yard radius with its center 
located on the approximate position 41[deg]53'46'' N, 087[deg]36'23'' 
W.
    The second new security zone is located in the vicinity of the 
Wilson Avenue Crib, Chicago, Illinois. It encompasses all U.S. 
navigable waters of Lake Michigan within the arc of a circle with a 
100-yard radius with its center in approximate position 41[deg]58'00'' 
N, 087[deg]35'30'' W.
    The third new security zone is located in the vicinity of the new 
Four Mile Intake Crib in Chicago, Illinois. It encompasses all U.S. 
navigable waters encompasses waters of Lake Michigan within the arc of 
a circle with a 100-yard radius with its center in approximate position 
41[deg]52'40'' N, 087[deg]32'45'' W.
    In accordance with 33 CFR 165.33, no person or vessel may enter or 
remain in one of the security zones discussed in this rule without 
permission of the Captain of the Port Sector Lake Michigan. The Captain 
of the Port Sector Lake Michigan, at his or her discretion, may permit 
persons and vessels to enter the security zones addressed in this rule. 
For instance, the Captain of the Port Sector Lake Michigan may permit 
those U.S. Coast Guard certificated passenger vessels that normally 
load and unload passengers at the north side of Navy Pier to operate in 
the Jardine Water Filtration Plant security zone.

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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS). We conclude that this rule is not a significant 
regulatory action because we anticipate that it will have minimal 
impact on the economy, will not interfere with other agencies, will not 
adversely alter the budget of any grant or loan recipients, and will 
not raise any novel legal or policy issues. The security zones amended 
and established by this rule will be relatively small and enforced for 
relatively short time. Also, each security zone is designed to minimize 
its impact on navigable waters. Furthermore, each security zone has 
been designed to allow vessels to transit unrestricted to portions of 
the waterways not affected by the security zones. Thus, restrictions on 
vessel movements within that particular area are expected to be 
minimal. Under certain conditions, moreover, vessels may still transit 
through each security zone when permitted by the Captain of the Port, 
Sector Lake Michigan. On the whole, the Coast Guard expects 
insignificant adverse impact to mariners from the activation of these 
security zones.

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 and operators of vessels intending 
to transit or anchor in the security zones addressed in this rule. 
These security zones will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
security zones in this rule would be in small areas surrounding the 
intake cribs or areas near shore to Chicago's water filtration plants; 
the security zones have been designed to allow traffic to pass safely 
around these zones whenever possible.

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 on them and participate in the rulemaking process.

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 (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 affect the 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

[[Page 63204]]

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 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 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 made a 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES. This rule involves the establishment, 
disestablishment, and changing of security zones, and thus, paragraph 
34(g) of figure 2-1 in Commandant Instruction M16475.lD applies.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    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. 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. Amend Sec.  165.904 by revising paragraph (a) to read as follows:


Sec.  165.904  Lake Michigan at Chicago Harbor & Burnham Park Harbor--
Safety and Security Zone.

    (a) Location. All waters of Lake Michigan within Burnham Park 
Harbor shoreward of a line across the entrance of the harbor connecting 
coordinates 41[deg]51'09'' N, 087[deg]36'36''W and 41[deg]51'11'' N, 
087[deg]36'22'' W.
* * * * *

0
3. In Sec.  165.910 revise paragraph (a)(1) heading and paragraph 
(a)(1)(i), and add paragraphs (a)(10) and (a)(11) to read as follows:


Sec.  165.910  Security Zones; Captain of the Port Lake Michigan.

    (a) * * *
    (1) Jardine Water Filtration Plant. (i) Location. All waters of 
Lake Michigan within the arc of a 100-yard radius with its center 
located on the north wall of Jardine Water Filtration Plant, 
approximate position 41[deg]53'46'' N, 087[deg]36'23'' W; (NAD 83)
* * * * *
    (10) Wilson Avenue Intake Crib. All waters of Lake Michigan within 
the arc of a circle with a 100-yard radius of the Wilson Avenue Crib 
with its center in approximate position 41[deg]58'00'' N, 
087[deg]35'30'' W. (NAD83)
    (11) Four Mile Intake Crib. All waters of Lake Michigan within the 
arc of a circle with a 100-yard radius of the Four Mile Crib with its 
center in approximate position 41[deg]52'40'' N, 087[deg]32'45'' W. 
(NAD83)
* * * * *

    Dated: September 27, 2011.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-26125 Filed 10-11-11; 8:45 am]
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