[Federal Register Volume 66, Number 84 (Tuesday, May 1, 2001)]
[Proposed Rules]
[Pages 21715-21717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10716]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-015]
RIN 2115-AA97


Safety Zone: Captain of the Port Chicago Zone

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish safety zones for annual 
fireworks displays located at the Navy Pier, Chicago, Illinois. This 
action is necessary to provide for the safety of life and property on 
navigable waters during each event. This action is intended to restrict 
vessel traffic in a portion of the Chicago Harbor.

DATES: Comments must be received on or before May 31, 2001.

ADDRESSES: Comments may be mailed or delivered to: Commanding Officer, 
U.S. Coast Guard Marine Safety Office Chicago, 215 W. 83rd Street, 
Suite D, Burr Ridge, Illinois 60521. Marine Safety Office Chicago 
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 MSO Chicago 
between 7:30 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, Suite D, Chicago, 
Illinois 60521 (630) 986-2175.

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 on this rulemaking (CGD09-01-
015), indicate the specific section of this proposal to which each 
comment

[[Page 21716]]

applies, and give the reason(s) for each comment. Please submit all 
comments and attachments in an unbound format, no larger than 8\1/2\ by 
11 inches, suitable for photocopying and electronic filing. If you 
would like to know they reached us, please enclose a stamped, self-
addressed envelope or postcard.
    The Coast Guard will consider all comments 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 request a 
public meeting by writing to MSO Chicago at the address listed under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, the Coast Guard will hold a public 
meeting at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The Coast Guard proposes to establish a permanent safety zone that 
will be activated for fireworks displays occurring throughout the 
summer season annually at the same location. The proposed safety zone 
will include the waters off the Navy Pier Breakwall, Lake Michigan 
bounded by the arc of a circle with a 350-foot radius with its center 
in approximate position 41 deg.53'18" N, 087 deg.36'08" W (NAD 1983).
    Based on recent accidents that have occurred in other Captain of 
the Port zones and the explosive hazard associated with these events, 
the Captain of the Port has determined that fireworks launches in close 
proximity to watercraft pose a significant risk to public safety and 
property. The likely combination of large numbers of inexperienced 
recreational boaters, 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 within a 350-foot radius of the 
fireworks launch platforms will help ensure the safety of persons and 
property at these events and help minimize the associated risk.
    Establishing permanent safety zones by notice and comment 
rulemaking gives the public the opportunity to comment on the proposed 
zones, provides better notice than promulgating temporary rules 
annually, and decreases the amount of annual paperwork required for 
these events. The Coast Guard has not previously received notice of any 
impact caused by these events.

Discussion of Proposed Rule

    The proposed size of this safety zone was determined using National 
Fire Protection Association and local area fire department standards, 
combined with the Coast Guard's knowledge of waterway conditions in 
these areas.
    Although these new regulations will not affect the Chicago River, 
the channel will be affected. In the event that shipping is affected by 
these new regulations, commercial vessels may request permission from 
the Captain of the Port Chicago to transit through the safety zone.
    The proposed safety zone would be in effect from 8 p.m. (c.d.t.) to 
11 p.m. (c.d.t.) However, vessels may enter, remain in, or transit 
through this safety zone during this time frame if authorized by the 
Captain of the Port Chicago, or designated Coast Guard patrol personnel 
on scene, as provided for in 33 CFR 165.23. The proposed zone will be 
activated on the Sunday before Memorial Day and Labor Day, every 
Wednesday and Saturday between Memorial Day and Labor Day, and the 
Fourth of July.

Regulatory Evaluation

    This proposed 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 
proposed 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 zones, and all of the zones are in areas 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 proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed 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.
    These safety zones would not have a significant economic impact on 
a substantial number of small entities for the following reasons: The 
proposed zone is only in effect for few hours on the day of the event. 
Vessel traffic can safely pass outside the proposed safety zone during 
the events. In cases where traffic congestion is greater than expected 
and blocks the Chicago River, 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 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 these displays 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.)

Collection of Information

    This proposed 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 proposed rule under Executive Order 13132 and 
have

[[Page 21717]]

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 proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed 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 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

    The Coast Guard has 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 concern an environmental risk to health or risk to safety that 
may disproportionately affect children.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph 32(g) of Commandant 
Instruction M16475.1C, this proposed 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.

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:

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. Add Sec. 165.908 to read as follows:


Sec. 165.908  Safety Zones: Annual fireworks events in the Captain of 
the Port Chicago Zone.

    (a) The following area is designated a safety zone:
    (1) Location. The waters off the end of Navy Pier, Lake Michigan, 
where the fireworks barge will be, bounded by the arc of a circle with 
a 350-foot radius with its center in the middle of the barge, an 
approximate position of 41 deg. 53' 18" N, 087 deg. 36' 08" W (NAD 
1983).
    (2) Effective dates. This regulation becomes effective from 8 p.m. 
(c.d.t.) to 11 p.m. (c.d.t.) on the Sunday before Memorial and Labor 
Day; every Wednesday and Saturday from Memorial Day weekend to Labor 
Day Weekend; and the Fourth of July. If the Fourth of July fireworks 
are canceled due to inclement weather, the paragraph (a)(1) is 
effective on July 5th.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Coast Guard patrol personnel include commissioned, warrant, 
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. 
Coast Guard vessel via siren, radio, flashing light, or other means, 
the operator shall proceed as directed.
    (3) The safety zone encompasses a portion of Lake Michigan that is 
near the entrance to the Chicago River. In cases where shipping is 
affected, commercial vessels may request permission from the Captain of 
the Port Chicago to transit the safety zone. Approval will be made on a 
case-by-case basis. Requests must be made in advance and approved by 
the Captain of the Port before transits will be authorized. The Captain 
of the Port may be contacted via U.S. Coast Guard Group Milwaukee on 
Channel 16, VHF-FM.

    Dated: April 20, 2001.
R.E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 01-10716 Filed 4-30-01; 8:45 am]
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