Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations 22221 

(i) Location. All waters and adjacent 

shoreline of Lake Michigan and 

Bradford Beach located within a 4000- 

yard by 1000-yard rectangle. The 

rectangle will be bounded by the points 

beginning at points beginning at 

43°02′50′′ N, 087°52′36′′ W; then 

northeast to 43°04′33′′ N, 087°51′12′′ W; 

then northwest to 43°04′40′′ N, 

087°51′29′′ W; then southwest to 

43°02′57′′ N, 087°52′53′′ W; the 

southeast returning to the point of origin 

(NAD 83). 

(ii) Enforcement date and time. 

August 15, 2012 from 12 p.m. to 3 p.m.; 

August 17–19, 2012, from 9 a.m. to 

4 p.m. 

(uuu) Chicago Air and Water Show; 

Chicago, IL. 

(i) Location. All waters and adjacent 

shoreline of Lake Michigan and Chicago 

Harbor bounded by a line drawn from 

41°55′54′′ N at the shoreline, then east 

to 41°55′54′′ N, 087°37′12′′ W, then 

southeast to 41°54′00′′ N, 087°36′00′′ W 

(NAD 83), then southwestward to the 

northeast corner of the Jardine Water 

Filtration Plant, then due west to the 

shore. 

(ii) Enforcement date and time. 

August 10–12, 2012 from 8 a.m. to 4 

p.m. 

* * * * * 

Dated: March 14, 2012. 

M.W. Sibley, 

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

Port Sector Lake Michigan. 

[FR Doc. 2012–8753 Filed 4–12–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0052] 

RIN 1625–AA87 

Security Zones; North Atlantic Treaty 

Organization (NATO) Summit, Chicago, 

IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing four separate security zones 

on both the waters and waterfront area 

of Chicago Harbor and the Chicago 

River. These temporary security zones 

are intended to restrict vessels, 

regardless of the mode of propulsion, 

and people from certain land and water 

areas in Chicago Harbor and the Chicago 

River during the NATO Summit and 

associated events, which will be held in 

Chicago from May 16, 2012, through 

May 24, 2012. These security zones are 

necessary to protect visiting government 

officials and dignitaries from the 

potential dangers associated with a large 

scale, international political event. 

DATES: This rule is effective between 

8 a.m. on May 16, 2012, and 

8 a.m. on May 24, 2012. 

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 USCG–2012–0052 and are 

available online at www.regulations.gov. 

This material is also available for 

inspection or copying at two locations: 

The Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays and the U.S. 

Coast Guard Sector Lake Michigan, 2420 

South Lincoln Memorial Drive, 

Milwaukee, WI 53207, between 8 a.m. 

and 3 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email CWO Jon Grob, 

Prevention Department, Coast Guard 

Sector Lake Michigan, Milwaukee, WI at 

(414) 747–7188, email at 

Jon.K.Grob@uscg.mil. If you have 

questions on viewing material in the 

docket, call Renee Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On March 6, 2012, we published a 

notice of proposed rulemaking (NPRM) 

entitled Security Zones; G8/North 

Atlantic Treaty Organization (NATO) 

Summit, Chicago, Illinois in the Federal 

Register (77 FR 13232). Although the G8 

Summit is now planned to take place at 

Camp David rather than in Chicago, 

which is discussed in more detail in the 

following paragraph, the security zones 

addressed in the NPRM remain the 

same. Thus, the Coast Guard views the 

relocation as having no effect on the 

comment period. We received no letters 

commenting on the proposed rule. No 

public meeting was requested, and none 

was held. 

Background and Purpose 

Leaders from around the world will 

gather in Chicago this spring for what 

was supposed to be two diplomatic 

summits hosted by President Obama. 

Since the NPRM that preceded this 

temporary final rule was published, on 

March 6, 2012, the G8 summit has been 

relocated to be held at Camp David. 

This relocation, however, does not 

change the Coast Guard security zones 

for this event. Rather, the NATO 

Summit remains a highly political event 

that still demands the four separate 

security zones that were originally 

detailed in the NPRM. The NATO 

Summit, along with certain associated 

events, will take place in Chicago from 

May 16, 2012, through May 24, 2012. 

Considering the international, 

economical, and political objectives of 

NATO along with the high 

concentration of dignitaries and 

political figures, the NATO Summit is 

expected to draw significant domestic 

and international media interest and 

also attract a large number of protesters. 

Consequently, the Captain of the Port, 

Sector Lake Michigan, has determined 

that the implementation of four separate 

security zones is necessary to ensure the 

safety and security of those who attend, 

participate, and visit the NATO Summit 

and any associated events. 

Discussion of Comments and Changes 

No comments were received regarding 

this rule. Since the NPRM published 

back on March 6, 2012, the G8 Summit 

portion has been relocated to Camp 

David. The NATO portion still demands 

the four separate security zone structure 

that was originally proposed in the 

NPRM. As discussed above, the Coast 

Guard views the relocation as having no 

effect on the comment period. We made 

no changes to the regulatory text from 

what we proposed in the NPRM. 

Discussion of Rule 

To alleviate the safety and security 

concerns presented by the international, 

economical, and political implications 

of NATO; the high concentration of 

dignitaries and political figures; the 

expected interest of domestic and 

international media; and the anticipated 

presence of protesters; the Captain of 

the Port, Sector Lake Michigan, has 

determined that it is necessary to 

establish four separately enforceable 

security zones. These zones allow for 

the closure of four specific areas on and 

around the waterfront along both 

Chicago Harbor and the Chicago River. 

The four temporary security zones 

will encompass: 

Security Zone A—This zone 

encompasses all U.S. navigable waters, 

facilities, and shoreline within the arc of 

a circle with a 2000-yard radius of the 

Burnham park hoist ramp with its 

center point located in the approximate 

position 41°51′37′′ N, 087°36′44′′ W. 

[DATUM: NAD 83]. 


pmangrum on DSK3VPTVN1PROD with RULES
22222 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations 

Security Zone B—This zone 

encompasses all U.S. navigable waters, 

facilities, and shoreline within the arc of 

a circle with a 2000-yard radius of the 

outer-most tip of the Chicago lock with 

its center point located in the 

approximate position 41°53′19′′ N, 

087°36′17′′ W. [DATUM: NAD 83]. 

Security Zone C—This zone 

encompasses all U.S. navigable waters 

of the Chicago River between the 

Western Gate of the Chicago Controlling 

Works Lock which is located in 

approximate position 41°53′18′′ N, 

087°36′28′′ W [DATUM: NAD 83] and 

the juncture of the north and south 

branches of the Chicago River which is 

located in approximate position 

41°53′11′′ N, 087°38′15′′ W. [DATUM: 

NAD 83]. 

Security Zone D—This zone 

encompasses all U.S. navigable waters 

of the Chicago River between Mile 

Marker 322.0, which is in the vicinity of 

the Loomis Street coal storage terminal 

slip, and Mile Marker 326.4, which is in 

the vicinity of the Chicago Tribune 

Wharf. [DATUM: NAD 83]. 

These security zones will be effective 

and enforced between 8 a.m. on May 16, 

2012, and 8 a.m. on May 24, 2012. 

In accordance with 33 CFR 165.33, no 

person or vessel, regardless of the mode 

of propulsion, may enter or remain in 

any one of the security zones 

established in this temporary rule 

without first obtaining permission from 

the Captain of the Port Sector Lake 

Michigan. The Captain of the Port 

Sector Lake Michigan, at his or her 

discretion, may permit persons and 

vessels to enter the security zones 

established in this temporary rule. The 

security zones created by this rule do 

not prohibit members of the public from 

assembling on shore or expressing from 

locations on shore their points of view 

to those attending the NATO Summit. 

Regulatory Analyses 

We developed this temporary rule 

after considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This temporary 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 Homeland Security 

(DHS). We conclude that this temporary 

rule is not a significant regulatory action 

because we anticipate that it will have 

minimal impact on the economy, will 

not interfere with other agencies, will 

not adversely alter the budget of any 

grant or loan recipients, and will not 

raise any novel legal or policy issues. 

Each security zone has been designed to 

allow as much free transit of vessels as 

possible while also preserving the 

security of the NATO Summit. Thus, 

vessels may still transit portions of the 

affected waterways not implicated by 

the security zones. Also, under certain 

conditions, vessels may still transit 

through a security zone when permitted 

by the Captain of the Port, Sector Lake 

Michigan. Moreover, the Captain of the 

Port, Sector Lake Michigan, retains the 

discretion to suspend enforcement of 

any or all these security zones when he 

deems necessary. On the whole, the 

Coast Guard expects insignificant 

adverse impact to mariners from the 

activation of these security zones 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this temporary 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. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this temporary rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This temporary rule would affect the 

following entities, some of which might 

be small entities: The owners and 

operators of vessels, regardless of the 

mode of propulsion, intending to transit 

or anchor in the security zones 

established in this rule. These security 

zones would not have a significant 

economic impact on a substantial 

number of small entities for the same 

reasons discussed in the above 

Regulatory Planning and Review 

section. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this temporary 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 temporary 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 want to assist small entities in 

understanding this temporary rule so 

that they can better evaluate its effects 

on them and participate in the 

rulemaking. If this temporary rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the 

Waterways Management Department, 

Coast Guard Sector Lake Michigan, 

Milwaukee, WI at (414) 747–7188. The 

Coast Guard will not retaliate against 

small entities that question or object to 

this rule or any policy or action of the 

Coast Guard. 

Collection of Information 

This temporary 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 temporary 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 (adjusted for inflation) or 

more in any one year. Though this 

temporary rule would not result in such 

an expenditure, we do discuss the 

effects of this temporary rule elsewhere 

in this preamble. 

Taking of Private Property 

This temporary rule will not affect the 

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 temporary rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations 22223 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this temporary rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This temporary 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 temporary 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 temporary 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 temporary rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this temporary rule 

under Commandant Instruction 

M16475.lD and Department of 

Homeland Security Management 

Directive 5100.1, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. This temporary rule 

involves the establishment of security 

zones and therefore, is categorically 

excluded under paragraph 34(g) of the 

Instruction. An environmental analysis 

check list supporting this determination 

is available in the docket where 

indicated under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine security, Navigation 

(water), Reporting and recordkeeping 

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; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 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.T09–0052 to read as 

follows: 

§ 165.T09–0052 Security Zones; North 

Atlantic Treaty Organization (NATO) 

Summit, Chicago, Illinois. 

(a) Locations. The following areas are 

designated security zones: 

(1) Security Zone A—Security Zone A 

encompasses all U.S. navigable waters, 

facilities, and shoreline within the arc of 

a circle with a 2000-yard radius of the 

Burnham park hoist ramp with its 

center point located in the approximate 

position 41°51′37′′ N, 087°36′44′′ W. 

[DATUM: NAD 83]. 

(2) Security Zone B—Security Zone B 

encompasses all U.S. navigable waters, 

facilities, and shoreline within the arc of 

a circle with a 2000-yard radius of the 

outer most tip of the Chicago lock with 

its center point located in the 

approximate position 41°53′19′′ N, 

087°36′17′′ W. [DATUM: NAD 83]. 

(3) Security Zone C—Security Zone C 

encompasses all U.S. navigable waters 

of the Chicago River between the 

Western Gate of the Chicago Controlling 

Works Lock which is located in 

approximate position 41°53′18′′ N, 

087°36′28′′ W [DATUM: NAD 83] and 

the juncture of the north and south 

branches of the Chicago River which is 

located in approximate position 

41°53′11′′ N, 087°38′15′′ W. [DATUM: 

NAD 83]. 

(4) Security Zone D—Security D 

encompasses all U.S. navigable waters 

of the Chicago River between Mile 

Marker 322.0, which is in the vicinity of 

the Loomis Street coal storage terminal 

slip, and Mile Marker 326.4, which is in 

the vicinity of the Chicago Tribune 

Wharf. [DATUM: NAD 83]. 

(b) Enforcement period. These 

security zones will be effective and 

enforced between 8 a.m. on May 16, 

2012, and 8 a.m. on May 24, 2012. 

(c) Regulations. (1) In accordance with 

§ 165.33, entry into any area of these 

security zones is prohibited unless 

authorized by the Coast Guard Captain 

of the Port, Sector Lake Michigan, or his 

or her on-scene designated 

representative. 

(2) The designated representative of 

the Captain of the Port, Sector Lake 

Michigan, is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port, Sector Lake Michigan, to act 

on his or her behalf. 

(3) Vessel operators desiring to enter 

or operate within any of the security 

zones shall contact the Captain of the 

Port, Sector Lake Michigan, or his or her 

on-scene designated representative to 

obtain permission to do so. The Captain 

of the Port, Sector Lake Michigan, or his 

or her on-scene designated 

representative may be contacted via 

VHF Channel 16. 

(4) Vessel operators given permission 

to enter or operate in any of the security 

zones shall comply with all directions 

given by the Captain of the Port, Sector 

Lake Michigan, or his or her on-scene 

designated representative. 

Dated: April 6, 2012. 

M.W. Sibley, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2012–8965 Filed 4–12–12; 8:45 am] 

BILLING CODE 9110–04–P 


pmangrum on DSK3VPTVN1PROD with RULES