Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 25217 

a.m. to 4:30 p.m. on August 5, 2007. If 

either the speed trials or the races are 

postponed due to weather, then the 

temporary special local regulations will 

be enforced during the same time period 

the next day. 

Dated: April 24, 2007. 

Larry L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E7–8509 Filed 5–3–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–07–006] 

RIN 1625–AA00 

Safety Zone, Chicago Harbor, Navy 

Pier Southeast, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a Safety Zone in Chicago 

Harbor. This zone is intended to restrict 

vessels from portions of Chicago Harbor 

during fireworks displays that pose a 

hazard to public safety. This zone is 

necessary to protect the public from the 

hazards associated with fireworks 

displays. 

DATES: Comments and related materials 

must reach the Coast Guard on or before 

June 4, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander 

Coast Guard Sector Lake Michigan, 2420 

South Lincoln Memorial Drive, 

Milwaukee, WI 53207. The Sector Lake 

Michigan Prevention Department 

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 

between 8 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have further questions on this rule, 

contact CWO Brad Hinken, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at (414) 747– 

7154. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to submit 

comments and related materials. If you 

submit a comment, please include your 

name and address, identify the docket 

number for this rulemaking [CGD09–07– 

006], indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. You may submit your 

comments and material by mail (see 

ADDRESSES). If you submit them by mail 

or delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit them by mail and 

would like to know that they reached 

the facility, please enclose a stamped, 

self-addressed postcard or envelope. We 

will consider all comments and material 

received during the comment period, 

which may result in a modification to 

the rule. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a public meeting (see ADDRESSES) 

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

This safety zone is necessary to 

protect vessels and people from the 

hazards associated with fireworks 

displays. Such hazards include the 

explosive danger of fireworks and debris 

falling into the water that may cause 

death or serious bodily harm. 

Discussion of Rule 

The proposed safety zone is necessary 

to ensure the safety of vessels and 

people during fireworks displays in 

Chicago Harbor. The proposed safety 

zone encompasses the waters of Lake 

Michigan within Chicago Harbor 

between the east end of the Chicago 

Lock guidewall and Chicago Harbor 

breakwater. 

The Coast Guard Patrol Commander 

will be on-scene while the safety zone 

is enacted and inform the public that 

the safety zone is being enforced. The 

Captain of the Port will cause notice of 

enforcement of the safety zone 

established by this section to be made 

by all appropriate means to the affected 

segments of the public including 

publication in the Federal Register as 

practicable, in accordance with 33 CFR 

165.7(a). Such means of notification 

may also include, but are not limited to 

Broadcast Notice to Mariners or Local 

Notice to Mariners. The Captain of the 

Port will issue a Broadcast Notice to 

Mariners notifying the public when 

enforcement of the safety zone 

established by this section is suspended. 

The proposed safety zone replaces 33 

CFR 165.918 Safety Zones; Annual 

fireworks events in the Captain of the 

Port Chicago Zone, (13) and (14). The 

safety zone will encompass the waters 

of Lake Michigan within Chicago Harbor 

between the east end of the Chicago 

Lock guidewall and the Chicago Harbor 

breakwater beginning at 41°53′24′′ N, 

087°35′26′′ W; then south to 41°53′09′′ 

N, 087°35′26′′ W; then east to 41°53′09′′ 

N, 087°36′09′′ W; then north to 

41°53′24′′ N, 087°36′09′′ W; then back to 

the point of origin. 

Regulatory Evaluation 

This proposed 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. It has not 

been reviewed by the Office of 

Management and Budget 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 proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. The Coast Guard’s 

use of this safety zone will be periodic 

in nature and will likely not exceed 

forty, one-hour events per year. This 

safety zone will only be enforced during 

the time the safety zone is actually in 

use. Furthermore, this safety zone has 

been designed to allow vessels to transit 

unrestricted to portions of the harbor 

not affected by the zone. The Coast 

Guard expects insignificant adverse 

impact to mariners from the activation 

of this zone. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic 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. 

We suspect that there may be small 

entities affected by this rule but are 

unable to provide more definitive 

information as to the number of small 

entities that may be affected. The risk, 

outlined above, is severe and requires 

that immediate action be taken. The 

Coast Guard will evaluate whether a 

substantial number of small entities are 


cprice-sewell on DSK89S0YB1PROD with RULES
25218 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 

affected as more information becomes 

available. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule will have a significant 

economic impact on it, please submit a 

comment to the Docket Management 

Facility at the address under ADDRESSES. 

In your comment, explain why you 

think it qualifies, 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 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking 

process. Small businesses may send 

comments on 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 proposed rule calls for no new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

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 proposed 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 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 

We have 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 create an 

environmental risk to health or risk to 

safety that may disproportionately affect 

children. 

Indian Tribal Governments 

The Coast Guard recognizes the treaty 

rights of Native American Tribes. 

Moreover, the Coast Guard is committed 

to working with Tribal Governments to 

implement local policies and to mitigate 

tribal concerns. We have determined 

that this proposed safety zone and 

fishing rights protection need not be 

incompatible. We have also determined 

that this Proposed 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. 

Nevertheless, Indian Tribes that have 

questions concerning the provisions of 

this Proposed Rule or options for 

compliance are encourage to contact the 

point of contact listed under FOR

FURTHER INFORMATION CONTACT. 

Energy Effects 

We have analyzed this proposed 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. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore we believe this 

rule should be categorically excluded, 

under figure 2–1, paragraph 34(g) from 

further environmental documentation. 

This proposed rule establishes a safety 

zone and as such is covered by this 

paragraph. 

A preliminary ‘‘Environmental 

Analysis Check List’’ and a preliminary 

‘‘Categorical Exclusion Determination’’ 

are available in the docket where 

indicated under ADDRESSES. Comments 

on this section will be considered before 

we make the final decision on whether 

the rule should be categorically 

excluded from further environmental 

review. 

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: 


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Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 25219 

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. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add § 165.931 to read as follows: 

§ 165.931 Safety Zone, Chicago Harbor, 

Navy Pier Southeast, Chicago IL. 

(a) Location. The following area is a 

safety zone: The waters of Lake 

Michigan within Chicago Harbor 

between the east end of the Chicago 

Lock guidewall and the Chicago Harbor 

breakwater beginning at 41°53′24′′ N, 

087°35′26′′ W; then south to 41°53′09′′ 

N, 087°35′26′′ W; then east to 41°53′09′′ 

N, 087°36′09′′ W; then north to 

41°53′24′′ N, 087°36′09′′ W; then back to 

the point of origin. 

(b) Definitions. The following 

definitions apply to this section: 

(1) Designated representative means 

any Coast Guard commissioned, 

warrant, or petty officer designated by 

the Captain of the Port Lake Michigan 

to monitor this safety zone, permit entry 

into this zone, give legally enforceable 

orders to persons or vessels within this 

zones and take other actions authorized 

by the Captain of the Port. 

(2) Public vessel means vessels 

owned, chartered, or operated by the 

United States, or by a State or political 

subdivision thereof. 

(c) Regulations. (1) The general 

regulations in 33 CFR 165.23 apply. 

(2) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port or a 

designated representative. Upon being 

hailed by the U.S. Coast Guard by siren, 

radio, flashing light or other means, the 

operator of a vessel shall proceed as 

directed. 

(4) All vessels must obtain permission 

from the Captain of the Port or a 

designated representative to enter, move 

within or exit the safety zone 

established in this section when this 

safety zone is enforced. Vessels and 

persons granted permission to enter the 

safety zone shall obey all lawful orders 

or directions of the Captain of the Port 

or a designated representative. While 

within a safety zone, all vessels shall 

operate at the minimum speed 

necessary to maintain a safe course. 

(d) Notice of Enforcement or 

Suspension of Enforcement. The safety 

zone established by this section will be 

enforced only upon notice of the 

Captain of the Port. The Captain of the 

Port will cause notice of enforcement of 

the safety zone established by this 

section to be made by all appropriate 

means to the affected segments of the 

public including publication in the 

Federal Register as practicable, in 

accordance with 33 CFR 165.7(a). Such 

means of notification may also include, 

but are not limited to Broadcast Notice 

to Mariners or Local Notice to Mariners. 

The Captain of the Port will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

suspended. 

(e) Exemption. Public vessels as 

defined in paragraph (b) of this section 

are exempt from the requirements in 

this section. 

(f) Waiver. For any vessel, the Captain 

of the Port Lake Michigan or a 

designated representative may waive 

any of the requirements of this section, 

upon finding that operational 

conditions or other circumstances are 

such that application of this section is 

unnecessary or impractical for the 

purposes of safety or environmental 

safety. 

Dated: March 12, 2007. 

Bruce C. Jones, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. E7–8608 Filed 5–3–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD09–07–005] 

RIN 1625–AA00 

Safety Zones; Annual Events 

Requiring Safety Zones in the Captain 

of the Port Lake Michigan Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishment of safety zones for annual 

events in the Captain of the Port Lake 

Michigan zone. This proposed rule is 

intended to restrict vessels from 

portions of water and shore areas during 

events that pose a hazard to public 

safety. The safety zones established by 

this proposed rule are necessary to 

protect spectators, participants, and 

vessels from the hazards associated with 

fireworks displays, air shows, and other 

events. 

DATES: Comments and related materials 

must reach the Coast Guard on or before 

June 4, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander, 

Coast Guard Sector Lake Michigan 

(spw), 2420 South Lincoln Memorial 

Drive, Milwaukee, WI 53207. Sector 

Lake Michigan Prevention Department 

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 

the Coast Guard Sector Lake Michigan 

Prevention Office between 8 a.m. and 3 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

CWO Brad Hinken, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at (414) 747– 

7154. 

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 for 

this rulemaking [CGD09–07–005], 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material 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 submit a request 

for a meeting by writing to Commander, 

Coast Guard Sector Lake Michigan 

(SPW) at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Background and Purpose 

In 2005 the Coast Guard consolidated 

the Captain of the Port Milwaukee Zone 

and the Captain of the Port Chicago 

Zone and realigned the boundaries of 

the Captain of the Port Sault Ste. Marine 

zone to create the Captain of the Port 

Lake Michigan zone. This proposed rule 

will consolidate the regulations found 

in 33 CFR 165.909, Safety Zones; 

Annual fireworks events in the Captain 

of the Port Milwaukee Zone and 33 CFR 


cprice-sewell on DSK89S0YB1PROD with RULES