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Safety Zone: Chicago Harbor, Chicago, IL
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[Federal Register: May 23, 2001 (Volume 66, Number 100)]
[Rules and Regulations]
[Page 28374-28375]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my01-10]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-01-026]
RIN 2115-AA97
Safety Zone: Chicago Harbor, Chicago, IL
AGENCY: Coast Guard, DOT.
ACTION: Temporary Final Rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the WXRT fireworks display taking place in the Chicago Harbor over
Memorial Day weekend. The safety zone is necessary for the protection
and safety of passengers and vessels during the fireworks display. The
safety zone is intended to restrict vessel traffic from an area of the
Chicago Harbor and, in particular, the Monroe Street Harbor area.
During this event, vessels will be unable to enter or exit the Monroe
Street Harbor.
DATES: This temporary final rule is effective from 9 p.m. until 10 p.m.
on May 26, 2001 and May 27, 2001.
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 CGD09-01-026 and are available for inspection or
copying at: U.S. Coast Guard Marine Safety Office Chicago, 215 W. 83rd
Street, Suite D, Burr Ridge, Illinois and are available for inspection
or copying between 9:30 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, Burr Ridge, Illinois
60521. The telephone number is (630) 986-2175.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM, and under 5 U.S.C. 553(d)(3),
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. The permit application was
not received in time to publish an NPRM followed by a final rule before
the necessary effective date. Delaying this rule would be contrary to
the public interest of ensuring the safety of spectators and vessels
during this event and immediate action is necessary to prevent possible
loss of life or property. The Coast Guard has not received any
complaints or negative comments previously with regard to this event.
Background and Purpose
A temporary safety zone is necessary to ensure the safety of
vessels and spectators from the hazards associated with fireworks
displays. Based on recent accidents that have occurred in other Captain
of the Port zones, and the explosive hazard of fireworks, the Captain
of the Port Chicago has determined firework launches in close proximity
to watercraft pose significant risks to public safety and property. The
likely combination of large numbers of recreational vessels, 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 around the location of the launch platforms will help ensure
the safety of person and property at these events and help minimize the
associated risk.
The safety zone will encompass the waters of the Chicago Harbor
bounded by the following positions: starting at 41 deg.52.43 N,
087 deg.36.43 W, thence East to 41 deg.52.43 N, 087 deg.36.16 W, thence
South to 41 deg.52.28 N, 087 deg.36.16 W, thence West to 41 deg.52.28
N, 087 deg.36.43 W, thence North back to the first position. This area
includes a portion of the Monroe Street Harbor including the Grant Park
anchorage areas (33 CFR 110.83), the entrance to the Monroe Street
Harbor, as well as a portion outside the breakwall for the Monroe
Street Harbor.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on scene patrol
personnel. Entry into, transiting, or anchoring within the safety zone
is prohibited unless authorized by the Captain of the Port Chicago or
his designated on scene representative. The Captain of the Port or his
designated on scene representative may be contacted via VHF Channel 16.
Regulatory Evaluation
This 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 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 zone, and the zone is in an area 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 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 rule
would not have a significant economic impact on a substantial number of
small entities.
This 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.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
zone is only in effect for few hours on the day of the event. Vessel
traffic can safely pass outside the safety zone during the event.
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
[[Page 28375]]
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 this display 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.)
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).
Collection of Information
This 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 rule under Executive Order 13132 and have
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 rule would not impose an unfunded mandate.
Taking of Private Property
This 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 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 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 rule and
concluded that, under figure 2-1, paragraph 32(g) of Commandant
Instruction M16475.1C, this 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.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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
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. A new temporary section 165.T09-013 is added to read as follows:
Sec. 165.T09-013 Safety Zone: Chicago Harbor, Chicago, Illinois.
(a) Location. The safety zone will encompass the waters of the
Chicago Harbor, including a portion of the Monroe Street Harbor and the
entrance to the Monroe Street Harbor, bounded by the following
positions: starting at 41 deg.52.43 N, 087 deg.36.43 W, thence East to
41 deg.52.43 N, 087 deg.36.16 W, thence South to 41 deg.52.28 N,
087 deg.36.16 W, thence West to 41 deg.52.28 N, 087 deg.36.43 W, thence
North back to the first position.
(b) Effective time and date. This section is effective from 9 p.m.
(local time) until 10 p.m. (local time) on May 26, 2001. In the event
the fireworks display is cancelled due to inclement weather, this
section is effective during these same times on May 27, 2001. The Coast
Guard Captain of the Port, Chicago, and the designated Patrol Commander
have the authority to terminate this event at any time. The designated
on scene Patrol Commander may be contacted via VHF Channel 16.
(c) Regulations. In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Chicago, or his
designated on scene representative.
Dated: May 11, 2001.
R.E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 01-12978 Filed 5-22-01; 8:45 am]
BILLING CODE 4910-15-P