[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Rules and Regulations]
[Pages 42865-42868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17108]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0320]
RIN 1625-AA00


Safety Zone; Chicago Harbor; Navy Pier Southeast; Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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[[Page 42866]]

SUMMARY:  The Coast Guard is amending the safety zone for Chicago 
Harbor, Navy Pier Southeast, Chicago, IL. This safety zone is intended 
to restrict vessels from a portion of Chicago Harbor during fireworks 
displays, races, and other marine events that occur throughout each 
calendar year. The safety zone established by this rule is necessary to 
protect spectators, participants, and vessels from the hazards 
associated with these fireworks displays, boat races, and other events.

DATES: This final rule is effective August 19, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0320. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact MST1 Joseph McCollum, Prevention Department, Coast Guard Sector 
Lake Michigan, Milwaukee, WI at (414) 747-7148 or by email at 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On May 21, 2013, The Coast Guard published a notice of proposed 
rulemaking entitled ``Safety Zone; Chicago Harbor, Navy Pier SE., 
Chicago IL'' in the Federal Register (78 FR 29680). We did not receive 
any comments in response to the proposed rule. No public meeting was 
requested and one was not held.

B. Basis and Purpose

    Each year dozens of fireworks displays are launched from barges in 
positions just south of the Navy Pier in Chicago. These fireworks 
displays, along with other marine events, take place on a monthly and 
sometimes weekly basis. The Captain of the Port, Lake Michigan, has 
determined that these fireworks displays and other events such as races 
or air shows pose a significant risk to public safety and property. 
Such hazards include falling debris and collisions among spectator 
vessels. To address these hazards the Coast Guard established a 
permanent safety zone for the protection of spectators during these 
displays and events in 33 CFR 165.931. This year, however, the Coast 
Guard was informed by Melrose Pyrotechnics that a new launch position 
will be used for some of the fireworks displays. This new position 
launches a display from a break wall south of the Navy Pier and would 
impact portions of Chicago Harbor hundreds of feet beyond the 
boundaries of the zone as it is currently listed. To address this new 
launch position, and to ensure safety of spectators and vessels, this 
rule extends the boundaries of the safety zone within 33 CFR 165.931.

C. Discussion of Comments, Changes and the Final Rule

    The Captain of the Port, Lake Michigan, has determined that a 
safety zone is necessary to mitigate the aforementioned safety risks. 
Thus, this rule amends 33 CFR 165.931 and establishes a permanent 
safety zone on Lake Michigan within Chicago harbor. This rule amends 33 
CFR 165.931 to read: The following area is a safety zone: The waters of 
Lake Michigan within Chicago Harbor bounded by coordinates beginning at 
41[deg]53'26.5'' N, 087[deg]35'26.5'' W; then south to 41[deg]53'7.6'' 
N, 087[deg]35'26.3'' W; then west to 41[deg]53'7.6'' N, 
087[deg]36'23.2'' W; then north to 41[deg]53'26.5'' N, 
087[deg]36'24.6'' W; then east back to the point of origin (NAD 83).
    The Captain of the Port Lake Michigan will use all appropriate 
means to notify the public when the safety zone established by this 
rule will be enforced. Consistent with 33 CFR 165.7(a), such means may 
include, among other things, publication in the Federal Register, 
Broadcast Notice to Mariners, or Local Notice to Mariners.
    Entry into, transiting, or anchoring within this safety zone during 
the period of enforcement is prohibited unless authorized by the 
Captain of the Port, Lake Michigan, or his or her designated on-scene 
representative. The Captain of the Port, Lake Michigan, or his or her 
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

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

1. 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. 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 safety zone created by this rule 
will be relatively small and enforced in short periods immediately 
before, during, and after the time the displays and events occur. Also, 
this safety zone is designed to minimize its impact on navigable 
waters. Furthermore, the safety zone has been designed to allow vessels 
to transit portions of the waterways not affected by the safety zone. 
Thus, restrictions on vessel movements within that particular area are 
expected to be minimal. Under certain conditions, moreover, vessels may 
still transit through the safety zone when permitted by the Captain of 
the Port, Lake Michigan. On the whole, the Coast Guard expects 
insignificant adverse impact to mariners from the activation of this 
safety zone.

2. Impact on 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 
would 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 portions of Chicago Harbor when this 
safety zone is being enforced.

[[Page 42867]]

3. 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. If this 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in FOR FURTHER 
INFORMATION CONTACT section, above.
    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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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

8. Taking of Private Property

    This rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference With Constitutionally Protected 
Property Rights.

9. 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.

10. 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone and 
thus, is categorically excluded under paragraph (34)(g) of the 
Instruction. An environmental analysis checklist supporting this 
determination is 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.

    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. Chapters 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. Revise Sec.  165.931 to read as follows:


Sec.  165.931  Safety Zone; Chicago Harbor, Navy Pier Southeast, 
Chicago, IL.

    (a) Location. The following area is a safety zone: The waters of 
Lake Michigan within Chicago Harbor bounded by coordinates beginning at 
41[deg]53'26.5'' N, 087[deg]35'26.5'' W; then south to 41[deg]53'7.6'' 
N, 087[deg]35'26.3'' W; then west to 41[deg]53'7.6'' N, 
087[deg]36'23.2'' W; then north to 41[deg]53'26.5'' N, 
087[deg]36'24.6'' W then east back to the point of origin (NAD 83).
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Coast Guard Commissioned, 
warrant, or petty officer designated by the Captain of the Port, Lake 
Michigan to monitor a safety zone, permit entry into the zone, give 
legally enforceable orders to persons or vessels within the zone, and 
take other actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, or operated by 
the United States, or by a State or political subdivision thereof.
    (c) Regulations. (1) In accordance with the general regulations in 
33 CFR 165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port, Lake 
Michigan, or his designated representative.

[[Page 42868]]

    (2) This safety zone is closed to all vessel traffic, excepted as 
may be permitted by the Captain of the Port, Lake Michigan or his 
designated representative. All persons and vessels must comply with the 
instructions of the Coast Guard Captain of the Port or his designated 
representative. Upon being hailed by the U.S. Coast Guard by siren, 
radio, flashing light or other means, the operator of a vessel shall 
proceed as directed.
    (3) All vessels must obtain permission from the Captain of the Port 
or his designated representative to enter, move within, or exit the 
safety zone established in this section when this safety zone is 
enforced. Vessels and persons granted permission to enter the safety 
zone must obey all lawful orders or directions of the Captain of the 
Port or a designated representative.
    (d) Notice of Enforcement or Suspension of Enforcement. The safety 
zone established by this section will be enforced only upon notice of 
the Captain of the Port. The Captain of the Port will cause notice of 
enforcement of the safety zone established by this section to be made 
by all appropriate means to the affected segments of the public 
including publication in the Federal Register as practicable, in 
accordance with 33 CFR 165.7(a). Such means of notification may also 
include, but are not limited to Broadcast Notice to Mariners or Local 
Notice to Mariners.
    (e) Exemption. Public vessels, as defined in paragraph (b) of this 
section, are exempt from the requirements in this section.
    (f) Waiver. For any vessel, the Captain of the Port Lake Michigan 
or his designated representative may waive any of the requirements of 
this section, upon finding that operational conditions or other 
circumstances are such that application of this section is unnecessary 
or impractical for the purposes of public or environmental safety.

    Dated: July 1, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-17108 Filed 7-17-13; 8:45 am]
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