Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66749

Authority: 33 U.S.C. 471, 1221 through

1236, 2030, 2035, 2071; 49 CFR 1.46 and 33

CFR 1.05–1(g).

§ 110.83 [Amended]

2. In § 110.83, suspend paragraph (a)

from 11 p.m. December 31, 2001(local

time) until 12:45 a.m. (local time) on

January 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 § 165.T09–123 is

added to read as follows:

§ 165.T09–123 Safety Zone; Chicago

Harbor, Chicago, Illinois.

(a) Location. The safety zone will

encompass the waters of the Lake

Michigan in 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° 52.43 N, 087°

36.43 W, thence east to 41° 52.43 N,

087° 36.16 W, thence south to 41° 52.28

N, 087° 36.16 W, thence west to 41°

52.28 N, 087° 36.43 W, thence north

back to the point of origin.

(b) Effective time and date. This

section is effective from 11 p.m. (local

time) December 31, 2001 until 12:45

a.m. (local time) on January 1, 2002.

(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. The Captain of the Port

Chicago or his designated on-scene

representative may be contacted via

VHF Channel 16. The designated onscene representative will be the Patrol

Commander.

Dated: December 17, 2001.

James D. Hull,

Rear Admiral, U.S. Coast Guard, District

Commander, Ninth Coast Guard District.

[FR Doc. 01–31843 Filed 12–26–01; 8:45 am]

BILLING CODE 4910–15–P

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.

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° 53′46′′ N, 87°

36′09′′ W; then east to the breakwall at

41° 53′46′′ N, 87° 35′30′′ W; south to 41°

53′20′′ N, 87° 35′30′′ N; west to 41°

53′20′′ N, 87° 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

66750 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

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.

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 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).

§ 110.205 [Amended]

2. In § 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 § 165.T09–112 is

added to read as follows:

§ 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°53′46′′ N,

87°36′09′′ W); then east to the breakwall

at 41°53′46′′ N, 87°35′30′′ W; then south

to 41°53′20′′ N, 87°35′30′′ W; west to

41°53′20′′ N, 87°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 § 7 of

the Ports and Waterways Safety Act (33

U.S.C. 1226).

(2) In accordance with the general

regulations in § 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]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08–01–042]

RIN 2115–AE47

Drawbridge Operation Regulation;

Mississippi River, Iowa and Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Commander, Eighth

Coast Guard District is temporarily

changing the regulation governing the

Rock Island Railroad and Highway

Drawbridge, Mile 482.9, Upper

Mississippi River. The drawbridge will

be allowed to remain closed to

navigation from 8 a.m., December 19,

2001, until 8 a.m., March 11, 2002. This

change is necessary to perform annual

maintenance and repair work on the

bridge.

DATES: This temporary rule is effective

from 8 a.m. Central Standard Time

(CST) on December 19, 2001, to 8 a.m.

Central Standard Time (CST) on March

11, 2002.

ADDRESSES: Material received from the

public, as well as documents indicated

in this preamble as being available in

the docket, are part of docket CGD08–

01–042 and are available for inspection

or copying at room 2.107f in the Robert

A. Young Federal Building at the Eighth

Coast Guard District, Bridge Branch,

1222 Spruce Street, St. Louis, MO

63103–2832, between 7 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

Roger K. Wiebusch, Bridge

Administrator, Eighth Coast Guard

District, Bridge Branch at (314) 539–

3900, extension 378.

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. This rule

is being promulgated without an NPRM

due to the short time frame allowed

between the submission of the request

by the Department of the Army, Rock

Island Arsenal and the date of requested

closure. The Coast Guard received the

request from the Department of the

Army, Rock Island Arsenal, on 25

October 2001. Winter conditions on the

Upper Mississippi River coupled with

the closure of the Army Corps of

Engineers’ Lock No. 24 (Mile 273.4

UMR) until March 2, 2002 and Lock No.

12 (Mile 556.7) until March 11, 2002,

will preclude any significant navigation

demands for the drawspan opening .

Under 5 U.S.C. 553(d)(3), the Coast

Guard finds that good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register. This temporary drawbridge

operation amendment has been

coordinated with the commercial

waterway operators. No objections were

raised.

Background and Purpose

On October 25, 2001, the Department

of the Army, Rock Island Arsenal

requested a temporary change to the

operation of the Rock Island Railroad

and Highway Drawbridge across the

Upper Mississippi River, Mile 482.9 at

Rock Island, Illinois. The Department of

the Army, Rock Island Arsenal

requested that the drawbridge be

temporarily closed to navigation in

order to perform necessary maintenance

and bridge repair during the winter

months.

The Rock Island Railroad and

Highway Drawbridge has a vertical

clearance of 23.8 feet above normal pool

in the closed-to-navigation position.

Navigation on the waterway consists

primarily of commercial tows and

recreational watercraft. Presently, the