[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Rules and Regulations]
[Pages 80651-80653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32642]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1074]
RIN 1625-AA00


Safety Zone; New Year's Eve Firework Displays, Chicago River, 
Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone that 
encompasses all waters of the Main Branch of the Chicago River between 
the Michigan Avenue Highway Bridge and the west entrance to the Chicago 
Harbor Lock. The safety zone is intended to restrict vessels from a 
portion of the Main Branch of the Chicago River from 11:30 p.m. on 
December 31, 2015 to 12:15 a.m. on January 1, 2016. This temporary 
safety zone is necessary to protect the surrounding public and vessels 
from the hazards associated with multiple barge based firework displays 
for Chicago's New Year's Eve Celebration.

DATES: This rule will be effective from 11:30 p.m. on December 31, 2015 
to 12:15 a.m. on January 1, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1074 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Lindsay Cook, Marine Safety Unit Chicago, U.S. Coast 
Guard; telephone (630) 986-2155, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
final details for this event were not known to the Coast Guard until 
there was insufficient time remaining before the event to publish a 
NPRM. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable because it would inhibit 
the Coast Guard's ability to protect the public and vessels from the 
hazards associated with multiple barge based firework displays on the 
Main Branch of the Chicago River.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this temporary rule 
effective less than 30 days after publication in the Federal Register. 
For the same reasons discussed in the preceding paragraph, waiting for 
a 30 day notice period to run would be impracticable.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    December 31, 2015 and January 1, 2016 Chicago's New Year's Eve 
firework displays will take place from multiple barge based launch 
sites on the Main

[[Page 80652]]

Branch of the Chicago River. The Captain of the Port, Lake Michigan has 
determined that the firework displays will pose a significant risk to 
public safety and property. Such hazards include falling debris, 
flaming debris, and collisions among spectator vessels. The safety zone 
is necessary to protect spectators from hazards associated with aerial 
firework displays.

IV. Discussion of the Rule

    With the aforementioned hazards in mind, the Captain of the Port, 
Lake Michigan has determined that a temporary safety zone is necessary 
to ensure the safety of the public and the participants during 
Chicago's New Year's Eve Fireworks Display on the Main Branch of the 
Chicago River. This safety zone will be effective from 11:30 p.m. on 
December 31, 2015 to 12:15 a.m. on January 1, 2016. The safety zone 
will encompass all waters of the Main Branch of the Chicago River 
between the Michigan Avenue Highway Bridge and west entrance of the 
Chicago Harbor Lock. Entry into, transiting, or anchoring within the 
safety zone is prohibited unless authorized by the Captain of the Port, 
Lake Michigan, or a designated on-scene representative. The Captain of 
the Port or a designated on-scene representative may be contacted via 
VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    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 effective for less than a one hour period on 
December 31, 2015 and January 1, 2016. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on 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 on a 
portion of the Main Branch of the Chicago River on December 31, 2015 
and January 1, 2016.
    The safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of the zone, we will issue local Broadcast Notice to 
Mariners and Public Notice of Safety Zone so vessel owners and 
operators can plan accordingly.
    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. If the 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 the FOR FURTHER INFORMATION CONTACT 
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. 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(42 U.S.C. 4321-4370f), and have determined that this 
action is one of a category of actions that do not

[[Page 80653]]

individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone for 
the New Year's Eve firework displays on the Main Branch of the Chicago 
River. It is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are 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 rule.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T09-1074 to read as follows:


Sec.  165.T09-1074  Safety Zone; New Year's Eve Fireworks Display, 
Chicago River, Chicago, IL.

    (a) Location. All waters of the the Main Branch of the Chicago 
River between the Michigan Avenue Highway Bridge and the west entrance 
of the Chicago Harbor Lock.
    (b) Enforcement Period. This rule will be enforced from 11:30 p.m. 
on December 31, 2015 to 12:15 a.m. on January 1, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port, Lake Michigan or a designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Lake Michigan or a designated 
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Lake Michigan is any Coast Guard commissioned, warrant or petty officer 
who has been designated by the Captain of the Port, Lake Michigan to 
act on his or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port, Lake Michigan or an on-
scene representative to obtain permission to do so. The Captain of the 
Port, Lake Michigan or an 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, Lake Michigan, or an on-scene representative.

    Dated: December 11, 2015.
A.B. Cocanour,
Captain, U. S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2015-32642 Filed 12-24-15; 8:45 am]
 BILLING CODE 9110-04-P