[Federal Register Volume 67, Number 116 (Monday, June 17, 2002)]
[Rules and Regulations]
[Pages 41175-41176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15199]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR PART 165
[CGD09-02-035]
RIN 2115-AA97
Safety Zone; Navy Pier, Lake Michigan, Chicago Harbor, IL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
fireworks displays that will occur on a regular basis off the Navy Pier
during the summer of 2002. The safety zone encompasses a portion of the
navigable waters in Chicago Harbor, Lake Michigan. The safety zone is
needed to protect vessels and spectators during fireworks shows
scheduled for various dates during the summer of 2002.
DATES: This rule is effective from 9 p.m. (local) June 1, 2002 until 11
p.m. (local) on September 1, 2002.
ADDRESSES: The Marine Safety Office, Chicago, Illinois maintains the
public docket (CGD09-02-035) for this rule. Documents indicated in this
preamble will be available for inspection or copying at the Coast Guard
Marine Safety Office, 215 W. 83rd Street, Suite D, Burr Ridge, Ill.,
between 9:30 a.m. and 2 p.m. Monday through Friday, except Federal
Holidays.
FOR FURTHER INFORMATION CONTACT: MST3 Kathryn Varela, 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, 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.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with a 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 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 persons and property at these events and help minimize
the associated risks.
Both a primary and alternate launch site are being established. In
the event of inclement weather, the Coast Guard will notify the public
via the Broadcast Notice to Mariners if they are using the alternate
launch platform.
Entry into, transit through or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port, Chicago or his
designated on-scene representative. The designated on-scene
representative may be contacted on VHF/FM Marine Channel 16.
Regulatory Evaluation
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 Transportation
(DOT)(44 FR 11040, February 26, l979). The Coast Guard expects the
economic impact of this proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule will have a significant impact on a
substantial number of small businesses and not-for-profit organizations
that are independently owned and operated are not dominant in their
respective fields, and governmental jurisdictions with populations less
than 50,000.
The Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C.601-612) that this temporary final rule will
not have
[[Page 41176]]
a significant economic impact on a substantial number of small
entities.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Public Law 104-121), the Coast Guard
offered to assist small entities in understanding this rule so that
they can better evaluate its effectiveness and participate in the
rulemaking process. 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, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this rule under Executive Order 13132,
Federalism, and has determined that this rule does not have
implications under that Order.
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 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.
Taking of Private Property
This proposed rule will 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
create an environmental risk to health or risk to safety that may
disproportionately affect children.
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.
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.
Environment
The Coast Guard considered the environmental impact of this
regulation and concluded that, under figure 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1C, it is categorically excluded from
further environmental documentation. A ``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, Vessels, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITITED 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; 49 CFR 1.46.
2. From 9 p.m. on June 1, 2002 until 11 p.m. on September 1, 2002,
a new temporary Sec. 165.T09-034 is added to read as follows:
Sec. 165.T09-034 Safety Zone; Navy Pier, Lake Michigan, Chicago
Harbor, IL.
(a) Locations. (1) Primary launch site. All waters of Lake Michigan
bounded by the arc of a circle with a 1500-foot radius from the
fireworks launch platform with its center in approximate position
41 deg.53'18'' N, 087 deg.36'08'' W. These coordinates are based upon
North American Datum 1983.
(2) Alternate launch site. In the case of inclement weather, the
alternate launch site is all waters of Lake Michigan bounded by the arc
of a circle with a 1500-foot radius with its center in approximate
position 41 deg.53'24'' N, 087 deg.35'44'' W.
(b) Enforcement period. This section is effective from 9 p.m.
(local) June 1, 2002 until 11 p.m. (local) September 1, 2002. The
section will be enforced from 9 p.m. until 11 p.m.; on June 1, June 5,
June 8, June 12, June 15, June 19, June 22, June 26 June 29, July 3,
July 4, July 6, July 10, July 13, July 17, July 20, July 24, July 31,
August 3, August 7, August 10, August 14, August 17, August 21, August
24, August 28, August 31, and September 1, 2002.
(c) Regulations. In accordance with Sec. 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. Section 165.23 also contains other applicable general
requirements.
Dated: June 10, 2002.
R.E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 02-15199 Filed 6-14-02; 8:45 am]
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