[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Proposed Rules]
[Pages 13232-13236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5330]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0052]
RIN 1625-AA87


Security Zones; G8/North Atlantic Treaty Organization (NATO) 
Summit, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish four separate security 
zones on both the waters and waterfront area of Chicago Harbor and the 
Chicago River. These proposed temporary security zones are intended to 
restrict vessels, regardless of the mode of propulsion, and people from 
certain land and water

[[Page 13233]]

areas in Chicago Harbor and the Chicago River during the G8/NATO Summit 
and associated events, which will be held in Chicago from May 16, 2012, 
through May 24, 2012. These security zones are necessary to protect 
visiting government officials and dignitaries from the potential 
dangers, including terrorists threats, associated with a large scale, 
international political event.

DATES: Comments and related materials must be received by the Coast 
Guard on or before April 5, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0052 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
temporary rule, call or email CWO Jon Grob, Prevention Department, 
Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747-7188, 
email 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: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0052), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online via www.regulations.gov, it will be considered received 
by the Coast Guard when you successfully transmit the comment. If you 
fax, hand deliver, or mail your comment, it will be considered as 
having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2012-0052'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit comments by mail and 
would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0052'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    Leaders from around the world will gather in Chicago this spring 
for two diplomatic summits hosted by President Obama. Specifically, the 
G8 and NATO will hold summits and certain associated events in Chicago 
from May 16, 2012, through May 24, 2012. G8 (Group of Eight) was 
founded in 1975. The G8 is a group of eight countries that has served 
in recent years as a forum for the leaders of the world's largest 
markets to discuss critical issues of the day ranging from the global 
economy to pressing security challenges. Meanwhile, NATO was founded in 
1949 and includes the United States and twenty seven other countries. 
Today, NATO is the hub of an international global security network.
    Considering the international, economical, and political objectives 
of G8 and NATO along with the high concentration of dignitaries and 
political figures, the G8/NATO Summit is expected to draw significant 
domestic and international media interest and also attract a large 
number of protesters. Consequently, the Captain of the Port, Sector 
Lake Michigan (COTP), has determined that the implementation of four 
separate security zones is necessary to mitigate the threat of violence 
and ensure the safety and security of those who attend, participate, 
and visit the G8/NATO Summit and any associated events.

Discussion of Proposed Rule

    To alleviate the safety and security concerns presented by the 
international, economical, and political implications of G8 and NATO; 
the high concentration of dignitaries and political figures; the 
expected interest of domestic and international media; and the 
anticipated presence of protesters; the Captain of the Port, Sector 
Lake Michigan, has

[[Page 13234]]

determined that it is necessary to establish four separately 
enforceable security zones. These zones will allow for the closure of 
four specific areas on and around the waterfront along both Chicago 
Harbor and the Chicago River.
    The four proposed temporary security zones will encompass:
    (1) Security Zone A--This zone will encompass all U.S. navigable 
waters, facilities, and shoreline within the arc of a circle with a 
2000-yard radius of the Burnham park hoist ramp with its center point 
located in the approximate position 41[deg]51'37'' N, 087[deg]36'44'' 
W. [DATUM: NAD 83].
    (2) Security Zone B--This zone will encompass all U.S. navigable 
waters, facilities, and shoreline within the arc of a circle with a 
2000-yard radius of the outermost tip of the Chicago lock with its 
center point located in the approximate position 41[deg]53'19'' N, 
087[deg]36'17'' W. [DATUM: NAD 83].
    (3) Security Zone C--This zone will encompass all U.S. navigable 
waters of the Chicago River between the Western Gate of the Chicago 
Controlling Works Lock which is located in approximate position 
41[deg]53'18'' N, 087[deg]36'28'' W. [DATUM: NAD 83] and the juncture 
of the north and south branches of the Chicago River which is located 
in approximate position 41[deg]53'11'' N, 087[deg]38'15'' W. [DATUM: 
NAD 83]
    (4) Security Zone D--This zone will encompass all U.S. navigable 
waters of the Chicago River between Mile Marker 322.0, which is in the 
vicinity of the Loomis Street coal storage terminal slip, and Mile 
Marker 326.4, which is in the vicinity of the Chicago Tribune Wharf. 
[DATUM: NAD 83]
    These proposed security zones would be effective and enforced 
between 8 a.m. on May 16, 2012, and 8 a.m. on May 24, 2012.
    In accordance with 33 CFR 165.33, no person or vessel, regardless 
of the mode of propulsion, may enter or remain in any one of the 
security zones established in this proposed rule without first 
obtaining permission from 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 proposed rule.

Regulatory Analyses

    We developed this proposed 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 proposed 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 proposed 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. Each security zone 
has been designed to allow as much free transit of vessels as possible 
while also preserving the security of the G8/NATO Summit. Thus, vessels 
may still transit portions of the affected waterways not implicated by 
the proposed security zones. Also, under certain conditions, vessels 
may still transit through a security zone when permitted by the Captain 
of the Port, Sector Lake Michigan. Moreover, the COTP retains the 
discretion to suspend enforcement of any or all of these proposed 
security zones when he deems necessary. 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 proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners and operators of vessels, 
regardless of the mode of propulsion, intending to transit or anchor in 
the security zones established in this proposed rule. These security 
zones would not have a significant economic impact on a substantial 
number of small entities for the same reasons discussed above in the 
Regulatory Planning and Review section.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If this 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the Waterways 
Management Department, Coast Guard Marine Safety Unit Chicago, 
Willowbrook, IL at (630) 986-2155. The Coast Guard will not retaliate 
against small entities that question or object to this rule or any 
policy or action of the Coast Guard.

Collection of Information

    This proposed 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 proposed 
temporary 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 proposed temporary rule 
would not result in such an expenditure, we do discuss the effects of 
this proposed temporary rule elsewhere in this preamble.

[[Page 13235]]

Taking of Private Property

    This proposed temporary 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 proposed temporary 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 proposed temporary rule under Executive Order 
13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This proposed temporary 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 proposed temporary 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 proposed 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 proposed temporary rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this proposed temporary 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 made a preliminary 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. This proposed 
temporary rule involves the establishing of security zones and 
therefore, is categorically excluded under paragraph 34(g) of the 
Instruction. A preliminary environmental analysis check list supporting 
this preliminary determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed temporary rule.

List of Subjects in 33 CFR Part 165

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

    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

    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.

    2. Add Sec.  165.T09-0052 to read as follows:


Sec.  165.T09-0052  Security Zones; G8/North Atlantic Treaty 
Organization (NATO) Summit, Chicago, Illinois.

    (a) Locations. The following areas are designated security zones:
    (1) Security Zone A--Security Zone A encompasses all U.S. navigable 
waters, facilities, and shoreline within the arc of a circle with a 
2000-yard radius of the Burnham park hoist ramp with its center point 
located in the approximate position 41[deg]51'37'' N, 087[deg]36'44'' 
W. [DATUM: NAD 83].
    (2) Security Zone B--Security Zone B encompasses all U.S. navigable 
waters, facilities, and shoreline within the arc of a circle with a 
2000-yard radius of the outermost tip of the Chicago lock with its 
center point located in the approximate position 41[deg]53'19'' N, 
087[deg]36'17'' W. [DATUM: NAD 83].
    (3) Security Zone C--Security Zone C encompasses all U.S. navigable 
waters of the Chicago River between the Western Gate of the Chicago 
Controlling Works Lock which is located in approximate position 
41[deg]53'18'' N, 087[deg]36'28'' W. [DATUM: NAD 83] and the juncture 
of the north and south branches of the Chicago River which is located 
in approximate position 41[deg]53'11'' N, 087[deg]38'15'' W. [DATUM: 
NAD 83]
    (4) Security Zone D--This zone will encompass all U.S. navigable 
waters of the Chicago River between Mile Marker 322.0, which is in the 
vicinity of the Loomis Street coal storage terminal slip, and Mile 
Marker 326.4, which is in the vicinity of the Chicago Tribune Wharf. 
[DATUM: NAD 83]
    (b) Enforcement period. The security zones described in paragraph 
(a) of this section will be effective and enforced between 8 a.m. on 
May 16, 2012, and 8 a.m. on May 24, 2012.
    (c) Regulations. (1) In accordance with Sec.  165.33, entry into 
any area of these security zones is prohibited unless authorized by the 
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her 
on-scene designated representative.
    (2) The ``designated 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.
    (3) Vessel operators desiring to enter or operate within any of the 
security zones shall contact the Captain of the Port, Sector Lake 
Michigan, or his or her on-scene designated representative to obtain 
permission to do so. The Captain of the Port, Sector Lake Michigan, or 
his or her on-scene designated representative may be contacted via VHF 
Channel 16.
    (4) Vessel operators given permission to enter or operate in any of 
the security zones shall comply with all directions given by the 
Captain of the Port, Sector

[[Page 13236]]

Lake Michigan, or his or her on-scene designated representative.

    Dated: February 3, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2012-5330 Filed 3-5-12; 8:45 am]
BILLING CODE 9110-04-P