Safety Zone: Captain of the Port Chicago Zone
[Federal Register: May 1, 2001 (Volume 66, Number 84)]
[Proposed Rules]
[Page 21715-21717]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my01-29]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-01-015]
RIN 2115-AA97
Safety Zone: Captain of the Port Chicago Zone
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish safety zones for annual
fireworks displays located at the Navy Pier, Chicago, Illinois. This
action is necessary to provide for the safety of life and property on
navigable waters during each event. This action is intended to restrict
vessel traffic in a portion of the Chicago Harbor.
DATES: Comments must be received on or before May 31, 2001.
ADDRESSES: Comments may be mailed or delivered to: Commanding Officer,
U.S. Coast Guard Marine Safety Office Chicago, 215 W. 83rd Street,
Suite D, Burr Ridge, Illinois 60521. Marine Safety Office Chicago
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying at MSO Chicago
between 7:30 a.m. and 4 p.m. Monday through Friday, except federal
holidays.
FOR FURTHER INFORMATION CONTACT: MST2 Mike Hogan, U.S. Coast Guard
Marine Safety Office Chicago, 215 W. 83rd Street, Suite D, Chicago,
Illinois 60521 (630) 986-2175.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number on this rulemaking (CGD09-01-
015), indicate the specific section of this proposal to which each
comment
[[Page 21716]]
applies, and give the reason(s) for each comment. Please submit all
comments and attachments in an unbound format, no larger than 8\1/2\ by
11 inches, suitable for photocopying and electronic filing. If you
would like to know they reached us, please enclose a stamped, self-
addressed envelope or postcard.
The Coast Guard will consider all comments received during the
comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may request a
public meeting by writing to MSO Chicago at the address listed under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, the Coast Guard will hold a public
meeting at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The Coast Guard proposes to establish a permanent safety zone that
will be activated for fireworks displays occurring throughout the
summer season annually at the same location. The proposed safety zone
will include the waters off the Navy Pier Breakwall, Lake Michigan
bounded by the arc of a circle with a 350-foot radius with its center
in approximate position 41 deg.53'18" N, 087 deg.36'08" W (NAD 1983).
Based on recent accidents that have occurred in other Captain of
the Port zones and the explosive hazard associated with these events,
the Captain of the Port has determined that fireworks launches in close
proximity to watercraft pose a significant risk to public safety and
property. The likely combination of large numbers of inexperienced
recreational boaters, congested waterways, darkness punctuated by
bright flashes of light, alcohol use, and debris falling into the water
could easily result in serious injuries or fatalities. Establishing a
safety zone to control vessel movement within a 350-foot radius of the
fireworks launch platforms will help ensure the safety of persons and
property at these events and help minimize the associated risk.
Establishing permanent safety zones by notice and comment
rulemaking gives the public the opportunity to comment on the proposed
zones, provides better notice than promulgating temporary rules
annually, and decreases the amount of annual paperwork required for
these events. The Coast Guard has not previously received notice of any
impact caused by these events.
Discussion of Proposed Rule
The proposed size of this safety zone was determined using National
Fire Protection Association and local area fire department standards,
combined with the Coast Guard's knowledge of waterway conditions in
these areas.
Although these new regulations will not affect the Chicago River,
the channel will be affected. In the event that shipping is affected by
these new regulations, commercial vessels may request permission from
the Captain of the Port Chicago to transit through the safety zone.
The proposed safety zone would be in effect from 8 p.m. (c.d.t.) to
11 p.m. (c.d.t.) However, vessels may enter, remain in, or transit
through this safety zone during this time frame if authorized by the
Captain of the Port Chicago, or designated Coast Guard patrol personnel
on scene, as provided for in 33 CFR 165.23. The proposed zone will be
activated on the Sunday before Memorial Day and Labor Day, every
Wednesday and Saturday between Memorial Day and Labor Day, and the
Fourth of July.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 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 this
rule under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040, February 26, 1979). We expect the economic impact of this
proposed rule to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary.
This determination is based on the minimal time that vessels will
be restricted from the zones, and all of the zones are in areas where
the Coast Guard expects insignificant adverse impact to mariners from
the zones' activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant 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 or operators of commercial
vessels intending to transit a portion of an activated safety zone.
These safety zones would not have a significant economic impact on
a substantial number of small entities for the following reasons: The
proposed zone is only in effect for few hours on the day of the event.
Vessel traffic can safely pass outside the proposed safety zone during
the events. In cases where traffic congestion is greater than expected
and blocks the Chicago River, traffic may be allowed to pass through
the safety zone under Coast Guard escort with the permission of the
Captain of the Port Chicago. Before the effective period, we will issue
maritime advisories widely available to users of the Port of Chicago by
the Ninth Coast Guard District Local Notice to Mariners, Marine
information broadcasts, and facsimile broadcasts may also be made.
Additionally, the Coast Guard has not received any negative reports
from small entities affected during these displays in previous years.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects and participate in the rulemaking process. 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 Marine Safety Office Chicago
(see ADDRESSES.)
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under Executive Order 13132 and
have
[[Page 21717]]
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a state,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a 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 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
The Coast Guard has analyzed this proposed 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 concern an environmental risk to health or risk to safety that
may disproportionately affect children.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph 32(g) of Commandant
Instruction M16475.1C, this proposed rule is categorically excluded
from further environmental documentation. A written categorical
exclusion determination is available in the docket for inspection or
copying 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 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; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
2. Add Sec. 165.908 to read as follows:
Sec. 165.908 Safety Zones: Annual fireworks events in the Captain of
the Port Chicago Zone.
(a) The following area is designated a safety zone:
(1) Location. The waters off the end of Navy Pier, Lake Michigan,
where the fireworks barge will be, bounded by the arc of a circle with
a 350-foot radius with its center in the middle of the barge, an
approximate position of 41 deg. 53' 18" N, 087 deg. 36' 08" W (NAD
1983).
(2) Effective dates. This regulation becomes effective from 8 p.m.
(c.d.t.) to 11 p.m. (c.d.t.) on the Sunday before Memorial and Labor
Day; every Wednesday and Saturday from Memorial Day weekend to Labor
Day Weekend; and the Fourth of July. If the Fourth of July fireworks
are canceled due to inclement weather, the paragraph (a)(1) is
effective on July 5th.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means,
the operator shall proceed as directed.
(3) The safety zone encompasses a portion of Lake Michigan that is
near the entrance to the Chicago River. In cases where shipping is
affected, commercial vessels may request permission from the Captain of
the Port Chicago to transit the safety zone. Approval will be made on a
case-by-case basis. Requests must be made in advance and approved by
the Captain of the Port before transits will be authorized. The Captain
of the Port may be contacted via U.S. Coast Guard Group Milwaukee on
Channel 16, VHF-FM.
Dated: April 20, 2001.
R.E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 01-10716 Filed 4-30-01; 8:45 am]
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