[Federal Register Volume 66, Number 100 (Wednesday, May 23, 2001)]
[Rules and Regulations]
[Pages 28374-28375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12978]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-026]
RIN 2115-AA97


Safety Zone: Chicago Harbor, Chicago, IL

AGENCY: Coast Guard, DOT.

ACTION: Temporary Final Rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the WXRT fireworks display taking place in the Chicago Harbor over 
Memorial Day weekend. The safety zone is necessary for the protection 
and safety of passengers and vessels during the fireworks display. The 
safety zone is intended to restrict vessel traffic from an area of the 
Chicago Harbor and, in particular, the Monroe Street Harbor area. 
During this event, vessels will be unable to enter or exit the Monroe 
Street Harbor.

DATES: This temporary final rule is effective from 9 p.m. until 10 p.m. 
on May 26, 2001 and May 27, 2001.

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 CGD09-01-026 and are available for inspection or 
copying at: U.S. Coast Guard Marine Safety Office Chicago, 215 W. 83rd 
Street, Suite D, Burr Ridge, Illinois and are available for inspection 
or copying between 9:30 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, Burr Ridge, Illinois 
60521. The telephone number is (630) 986-2175.

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. 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 
displays. 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 person and property at these events and help minimize the 
associated risk.
    The safety zone will encompass the waters of the Chicago Harbor 
bounded by the following positions: starting at 41 deg.52.43 N, 
087 deg.36.43 W, thence East to 41 deg.52.43 N, 087 deg.36.16 W, thence 
South to 41 deg.52.28 N, 087 deg.36.16 W, thence West to 41 deg.52.28 
N, 087 deg.36.43 W, thence North back to the first position. This area 
includes a portion of the Monroe Street Harbor including the Grant Park 
anchorage areas (33 CFR 110.83), the entrance to the Monroe Street 
Harbor, as well as a portion outside the breakwall for the Monroe 
Street Harbor.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on scene patrol 
personnel. Entry into, transiting, or anchoring within the safety zone 
is prohibited unless authorized by the Captain of the Port Chicago or 
his designated on scene representative. The Captain of the Port or his 
designated on scene representative 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 Transportation (DOT) (44 FR 11040, 
February 26, 1979). We expect the economic impact of this 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 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 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 few hours on the day of the event. Vessel 
traffic can safely pass outside the safety zone during the event. 
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

[[Page 28375]]

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 this display 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.)
    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 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 rule would not impose an unfunded mandate.

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 M16475.1C, 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.

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 and 160.5; 49 CFR 1.46.


    2. A new temporary section 165.T09-013 is added to read as follows:


Sec. 165.T09-013  Safety Zone: Chicago Harbor, Chicago, Illinois.

    (a) Location. The safety zone will encompass the waters of the 
Chicago Harbor, including a portion of the Monroe Street Harbor and the 
entrance to the Monroe Street Harbor, bounded by the following 
positions: starting at 41 deg.52.43 N, 087 deg.36.43 W, thence East to 
41 deg.52.43 N, 087 deg.36.16 W, thence South to 41 deg.52.28 N, 
087 deg.36.16 W, thence West to 41 deg.52.28 N, 087 deg.36.43 W, thence 
North back to the first position.
    (b) Effective time and date. This section is effective from 9 p.m. 
(local time) until 10 p.m. (local time) on May 26, 2001. In the event 
the fireworks display is cancelled due to inclement weather, this 
section is effective during these same times on May 27, 2001. The Coast 
Guard Captain of the Port, Chicago, and the designated Patrol Commander 
have the authority to terminate this event at any time. The designated 
on scene Patrol Commander may be contacted via VHF Channel 16.
    (c) Regulations. In accordance with the general regulations in 
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.

    Dated: May 11, 2001.
R.E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 01-12978 Filed 5-22-01; 8:45 am]
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