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Safety Zone; Lake Michigan, Chicago, IL
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 11, 2003 (Volume 68, Number 112)]
[Rules and Regulations]
[Page 34803-34805]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn03-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-215]
RIN 1625-AA00
Safety Zone; Lake Michigan, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety
encompassing a portion of Lake Michigan, Chicago, IL. This safety zone
is necessary to protect vessels and spectators from potential airborne
hazards during a planned fireworks display over a portion of Lake
Michigan. The safety zone is intended to restrict vessel traffic from a
portion of Lake Michigan, Chicago, Illinois.
DATES: This temporary final rule is effective from 10 p.m. (local),
until 11 p.m. on June 14, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CDG09-03-215 and are available for
inspection or copying at U.S. Coast Guard Marine Safety Office Chicago,
215 W. 83rd Street, Chicago, Illinois 60527 between 7:30 a.m. and 4
p.m. Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: MST2 Kenneth Brockhouse, U. S. Coast
Guard Marine Safety Office Chicago, at (630) 986-2125.
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. Similarly, under 5 U.S.C.
553(d)(3), the Coast Guard finds that 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 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
display. 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 fireworks 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 platform will
help ensure the safety of persons and property at these events and help
minimize the associated risks.
Discussion of Rule
The safety zone will encompass all waters of Lake Michigan bounded
by the arc of a circle with a 1000 foot radius with its center in
approximate position 41[deg]
52'15'' N; 087[deg]
36'44'' W. These
coordinates are based upon North American Datum 1983 (NAD 83). All
vessels except those officially participating in this event are
prohibited from entering the safety zone without the permission of the
Captain of the Port Chicago or his on-scene representative. The on-
scene representative will be the Patrol Commander, and 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 Homeland Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under 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
[[Page 34804]]
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 two hours on the day of the event.
The designated area is being established to allow for maximum use
of the waterway for commercial vessels to enjoy the fireworks display
in a safe manner. In addition, commercial vessels transiting the area
can transit around the area. The Coast Guard will give notice to the
public via a Broadcast to Mariners that the regulation is in effect.
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 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 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.
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 M16475.1D, 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.
Energy Effects
We have analyzed this 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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, 160.5; Department of Homeland Security Delegation
No. 0170.
? 2. A new temporary Sec. 165.T09-215 is added to read as follows:
Sec. 165.T09-215 Safety Zone; Lake Michigan, Chicago, Illinois.
(a) Location. The following is a safety zone: All waters of Lake
Michigan bounded by the arc of a circle with a 1000-foot radius with
its center in approximate position 41[deg]52'15'' N; 087[deg]36'44'' W
(NAD 83).
(b) Regulations. This safety zone is being established to protect
the boating public during a planned fireworks display. In accordance
with the general regulations in Sec. 165.23 of this part, entry into
the zone is prohibited unless authorized by the Coast Guard Captain of
the Port, Chicago, or the designated Patrol Commander.
(c) Effective date. This section is effective from 10 p.m. until 11
p.m. on June 14, 2003.
[[Page 34805]]
Dated: May 21, 2003.
Glenn A. Cekus,
Commander, U.S. Coast Guard, Acting Captain of the Port Chicago.
[FR Doc. 03-14588 Filed 6-10-03; 8:45 am]
BILLING CODE 4910-15-P