[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Rules and Regulations]
[Pages 66749-66751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31844]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD09-01-139]
RIN 2115-AA97 and 2115-AA98


Security Zone and Anchorage Regulations; Lake Michigan, Navy 
Pier, Chicago Harbor, Chicago, Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule, request for comments.

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SUMMARY: The Coast Guard is establishing a temporary security zone and 
suspending an anchorage area encompassed by the security zone on the 
navigable waters of Lake Michigan around Chicago, Illinois. This 
security zone is necessary to protect the Navy Pier from possible 
sabotage or other subversive acts, accidents, or possible acts of 
terrorism. This zone is intended to restrict vessel traffic from a 
portion of Lake Michigan.

DATES: This rule is effective at 3 p.m. (local), December 17, 2001 
until 11 a.m. (local) March 1, 2002.

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 CGD09-01-139 and are available for inspection or 
copying at 215 W. 83rd Street, Chicago, Illinois 60521 between 7:30 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer 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 History

    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. Following the catastrophic 
nature and extent of damage realized from the aircraft flown into the 
World Trade Center towers, this rulemaking is urgently necessary to 
protect the national security interests of the United States against 
future potential terrorists strikes against public and governmental 
targets. A similar attack was conducted against the Pentagon on the 
same day. National security and intelligence officials warn that future 
terrorist attacks against civilian targets may be anticipated. 
Publication of a notice of proposed rulemaking and delay of effective 
date would be contrary to the public interest because immediate action 
is necessary to protect against the possible loss of life, injury, or 
damage to property.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center, New 
York City, New York, were destroyed as a result of two commercial 
airliner crashes, an act of terrorism. This regulation establishes a 
security zone over the waters of Lake Michigan encompassed by a line 
drawn from the northeast corner of the Central District Filtration 
Plant, at 41 deg. 53'46" N, 87 deg. 36'09" W; then east to the 
breakwall at 41 deg. 53'46" N, 87 deg. 35'30" W; south to 41 deg. 
53'20" N, 87 deg. 35'30" N; west to 41 deg. 53'20" N, 87 deg. 36'20" W; 
and then following the shoreline back to the point of origin. These 
coordinates are based upon North American Datum 1983 (NAD 83).
    Since this security zone will encompass an already established 
anchorage area, this anchorage area will be suspended for the duration 
of this temporary security zone. The anchorage areas are described in 
33 CFR 110.205, Chicago Harbor, Illinois. The anchorage areas specified 
in paragraph (a)(1), Anchorage A, exterior breakwaters and (a)(5), 
Anchorage E, Chicago Harbor Lock North, will be suspended.
    This security zone is necessary to protect the public, the 
facilities, and the surrounding area from possible acts of sabotage or 
other subversive acts. All persons and vessels other that those 
approved by the Captain of the Port Chicago, or his authorized patrol 
representative, are prohibited from entering or moving within the zone 
without the prior approval of the Captain of the Port Chicago.
    The Captain of the Port Chicago will generally permit those 
passenger vessels that normally operate from the Navy Pier to regularly 
transit the area. However, should the Captain of the Port Chicago 
determine it is appropriate, he will require even those vessels which 
normally operate from the Navy Pier to request permission before 
leaving or entering the security zone. The Captain of the Port Chicago 
may be contacted via VHF Channel 16.
    In addition to publication in the Federal Register, the public will 
be made aware of the existence of this security zone, its exact 
location within these boundaries, and the restrictions

[[Page 66750]]

involved, via Broadcast Notice to Mariners.
    Pursuant to 33 U.S.C. 1232, any violation of the security zone 
described herein, is punishable by civil penalties (not to exceed 
$27,500 per violation, where each day of a continuing violation is a 
separate violation), criminal penalties (imprisonment for not more than 
6 years and a fine of not more than $250,000), in rem liability against 
the offending vessel, and license sanctions. Any person who violates 
this regulation, using a dangerous weapon, or who engages in conduct 
that causes bodily injury or fear of imminent bodily injury to any 
officer authorized to enforce this regulation, also faces imprisonment 
up to 12 years (class C felony).

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 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, 
1979).
    The Coast Guard expects the economic impact of this proposal to be 
so minimal that a full Regulatory Evaluation under paragraph 10 (e) of 
the regulatory policies and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will not obstruct the regular flow of traffic and will allow 
vessel traffic to pass safely around the security zone. In addition, 
those passenger vessels that normally operate out of Navy Pier will be 
permitted to transit the zone. However, should the Captain of the Port 
Chicago determine it is appropriate, he may require even those vessels 
which normally operate from the Navy Pier to request permission from 
his on-scene representative before leaving or entering the security 
zone. The Captain of the Port Chicago's on-scene representative will be 
the Patrol Commander. The Captain of the Port Chicago will notify these 
vessels via Broadcast Notice to Mariners if they must notify the Coast 
Guard before transiting the security zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If you 
are a small entity and you need assistance in how the rule applies to 
you, please contact the office listed in ADDRESSES in this preamble.
    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 calls 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) 
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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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

    We have 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.

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 rule 
and concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation.

List of Subjects

33 CFR Part 110

    Anchorage grounds.

[[Page 66751]]

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 amends 
33 CFR parts 110 and 165 as follows:

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, and 
2071; 49 CFR 1.46 and 33 CFR 1.05-1(g).


Sec. 110.205  [Amended]

    2. In Sec. 110.205, suspend paragraphs (a)(1) and (a)(5) from 3 
p.m. (local) December 17, 2001, until 11 a.m. (local) March 1, 2002.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.

    3. 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.

    4. A new temporary Sec. 165.T09-112 is added to read as follows:


Sec. 165.T09-112  Security zone; Lake Michigan, Navy Pier, Chicago 
Harbor, Chicago, IL

    (a) Location. The following is a security zone: All waters of Lake 
Michigan encompassed by a line drawn from the northeast corner of the 
Central District Filtration Plant (41 deg.53'46" N, 87 deg.36'09" W); 
then east to the breakwall at 41 deg.53'46" N, 87 deg.35'30" W; then 
south to 41 deg.53'20" N, 87 deg.35'30" W; west to 41 deg.53'20" N, 
87 deg.36'20" W; then following the shoreline back to the point of 
origin (NAD 83).
    (b) Effective dates. This section is effective from 3 p.m. December 
17, 2001 through 11 a.m. (local), March 1, 2002.
    (c) Regulations.
    (1) This section is issued under Sec. 7 of the Ports and Waterways 
Safety Act (33 U.S.C. 1226).
    (2) In accordance with the general regulations in Sec. 165.33 of 
this part, entry into or movement within this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Chicago.
    (3) The Captain of the Port Chicago will generally permit those 
passenger vessels that normally operate from the Navy Pier to regularly 
transit the area. However, should the Captain of the Port Chicago 
determine it is appropriate, he will require even those vessels which 
normally operate from the Navy Pier to request permission before 
leaving or entering the security zone. The Captain of the Port Chicago 
will notify these vessels via Broadcast Notice to Mariners if they must 
notify the Coast Guard before transiting the security zone. The Captain 
of the Port Chicago may be contacted via VHF Channel 16.
    (4) All persons and vessels shall comply with the instruction of 
the Captain of the Port Chicago or the designated on-scene U.S. Coast 
Guard patrol personnel. On-scene patrol personnel include commissioned, 
warrant, and petty officers of the U.S. Coast Guard on board Coast 
Guard, Coast Guard Auxiliary, local, state, and federal law enforcement 
vessels. Emergency response vessels are authorized to move within the 
zone but must abide by the restrictions imposed by the Captain of the 
Port.

    Dated: December 17, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 01-31844 Filed 12-26-01; 8:45 am]
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