[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Rules and Regulations]
[Pages 22221-22223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8965]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing four separate security zones 
on both the waters and waterfront area of Chicago Harbor and the 
Chicago River. These temporary security zones are intended to restrict 
vessels, regardless of the mode of propulsion, and people from certain 
land and water areas in Chicago Harbor and the Chicago River during the 
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 associated with a large scale, international 
political event.

DATES: This rule is effective between 8 a.m. on May 16, 2012, and 8 
a.m. on May 24, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket USCG-2012-0052 and are available online at 
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 
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 material 
in the docket, call Renee Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On March 6, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Security Zones; G8/North Atlantic Treaty Organization 
(NATO) Summit, Chicago, Illinois in the Federal Register (77 FR 13232). 
Although the G8 Summit is now planned to take place at Camp David 
rather than in Chicago, which is discussed in more detail in the 
following paragraph, the security zones addressed in the NPRM remain 
the same. Thus, the Coast Guard views the relocation as having no 
effect on the comment period. We received no letters commenting on the 
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    Leaders from around the world will gather in Chicago this spring 
for what was supposed to be two diplomatic summits hosted by President 
Obama. Since the NPRM that preceded this temporary final rule was 
published, on March 6, 2012, the G8 summit has been relocated to be 
held at Camp David. This relocation, however, does not change the Coast 
Guard security zones for this event. Rather, the NATO Summit remains a 
highly political event that still demands the four separate security 
zones that were originally detailed in the NPRM. The NATO Summit, along 
with certain associated events, will take place in Chicago from May 16, 
2012, through May 24, 2012.
    Considering the international, economical, and political objectives 
of NATO along with the high concentration of dignitaries and political 
figures, the 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, has determined that the implementation of four separate 
security zones is necessary to ensure the safety and security of those 
who attend, participate, and visit the NATO Summit and any associated 
events.

Discussion of Comments and Changes

    No comments were received regarding this rule. Since the NPRM 
published back on March 6, 2012, the G8 Summit portion has been 
relocated to Camp David. The NATO portion still demands the four 
separate security zone structure that was originally proposed in the 
NPRM. As discussed above, the Coast Guard views the relocation as 
having no effect on the comment period. We made no changes to the 
regulatory text from what we proposed in the NPRM.

Discussion of Rule

    To alleviate the safety and security concerns presented by the 
international, economical, and political implications of 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 determined that it is necessary to establish four separately 
enforceable security zones. These zones allow for the closure of four 
specific areas on and around the waterfront along both Chicago Harbor 
and the Chicago River.
    The four temporary security zones will encompass:
    Security Zone A--This zone 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].

[[Page 22222]]

    Security Zone B--This zone encompasses all U.S. navigable waters, 
facilities, and shoreline within the arc of a circle with a 2000-yard 
radius of the outer-most 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].
    Security Zone C--This zone 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].
    Security Zone D--This zone encompasses 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 security zones will 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 temporary 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 established 
in this temporary rule. The security zones created by this rule do not 
prohibit members of the public from assembling on shore or expressing 
from locations on shore their points of view to those attending the 
NATO Summit.

Regulatory Analyses

    We developed this temporary 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 temporary 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 temporary 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 NATO Summit. Thus, vessels 
may still transit portions of the affected waterways not implicated by 
the 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 Captain of the Port, Sector 
Lake Michigan, retains the discretion to suspend enforcement of any or 
all these 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 temporary 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 temporary 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This temporary 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 rule. These security zones would 
not have a significant economic impact on a substantial number of small 
entities for the same reasons discussed in the above Regulatory 
Planning and Review section.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this temporary 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 temporary 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 temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If this 
temporary 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 Sector Lake Michigan, Milwaukee, WI 
at (414) 747-7188. 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 temporary 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 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 temporary rule would 
not result in such an expenditure, we do discuss the effects of this 
temporary rule elsewhere in this preamble.

Taking of Private Property

    This 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 temporary rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice

[[Page 22223]]

Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

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

Environment

    We have analyzed this 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 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 temporary rule involves the 
establishment of security zones and therefore, is categorically 
excluded under paragraph 34(g) of the Instruction. An environmental 
analysis check list supporting this determination is available in the 
docket where indicated under ADDRESSES.

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


Sec.  165.T09-0052  Security Zones; 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 outer most 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--Security D encompasses 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. These security zones 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 Lake Michigan, or his or her on-scene 
designated representative.

    Dated: April 6, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2012-8965 Filed 4-12-12; 8:45 am]
BILLING CODE 9110-04-P