[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Rules and Regulations]
[Page 32524-32526]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn07-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-07-007]
RIN 1625-AA00
Safety Zone; Chicago Harbor, Navy Pier East, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard has established a Safety Zone in Chicago
Harbor. This zone will restrict vessels from portions of Chicago Harbor
during fireworks displays that pose a hazard to public safety. This
zone is necessary to protect the public from the hazards associated
with fireworks displays.
DATES: This rule is effective June 28, 2007.
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 [CGD09-07-007] and are available for inspection or
copying at Coast Guard Sector Lake Michigan (spw), 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: CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414)
747-7154.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 7, 2007, we published a notice of proposed rulemaking (NPRM)
entitled Safety Zone, Chicago Harbor, Navy Pier East, Chicago, IL. in
the Federal Register (72 FR 25720). We received no letters commenting
on the rule. No public meeting was requested, and none was held.
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. Any delay encountered in the
regulation's effective date would be contrary to the public interest
since the safety zone is needed to prevent traffic from transiting a
portion of Chicago Harbor during fireworks displays, thus ensuring that
the maritime public is protected from any potential harm associated
with such an event.
Background and Purpose
This safety zone is necessary to protect vessels and people from
the hazards associated with fireworks displays. Such hazards include
the explosive danger of fireworks and debris falling into the water
that may cause death or serious bodily harm.
Discussion of Comments and Changes
No comments were received concerning this final rule. No changes
were made.
Regulatory Evaluation
This 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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. The Coast Guard's use of this safety zone will
be periodic in nature and will likely not exceed 10, one-hour events
per year. This safety zone will only be enforced during the time the
safety zone is actually in use. Furthermore, this safety zone has been
designed to allow vessels to transit unrestricted to portions of the
harbor not affected by the zone. The Coast Guard expects insignificant
adverse impact to mariners from the activation of this zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
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
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 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
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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 an
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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that this safety zone and fishing rights
protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes
that have questions concerning the provisions of this rule or options
for compliance are encouraged to contact the point of contact listed
under FOR FURTHER INFORMATION CONTACT.
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. 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. This rule establishes a safety zone and as such is
covered by this paragraph.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 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.
0
2. Add Sec. 165.933 to read as follows:
Sec. 165.933 Safety Zone, Chicago Harbor, Navy Pier East, Chicago IL.
(a) Location. The following area is a safety zone: The waters of
Lake Michigan within Chicago Harbor between the east end of Navy Pier
and the Chicago Harbor breakwater beginning at 41[deg]53'37'' N,
087[deg]35'26'' W; then south to 41[deg]53'24'' N, 087[deg]35'26'' W;
then east to 41[deg]53'24'' N, 087[deg]35'55'' W; then north to
41[deg]53'37'' N, 087[deg]35'55'' W; then back to the point of origin.
(b) Definitions. The following definitions apply to this section:
(1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Lake
Michigan to monitor this safety zone, permit entry into this zone, give
legally enforceable orders to persons or vessels within this zones and
take other actions authorized by the Captain of the Port.
(2) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
(c) Regulations. (1) The general regulations in 33 CFR 165.23
apply.
(2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port Lake Michigan or a designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
(3) All vessels must obtain permission from the Captain of the Port
Lake Michigan or a designated representative to enter, move within or
exit the safety zone established in this section when this safety zone
is enforced. Vessels and persons granted permission to enter the safety
zone shall obey all lawful orders or directions of the Captain of the
Port Lake Michigan or a designated representative. While within a
safety zone, all vessels shall operate at the minimum speed necessary
to maintain a safe course.
(d) Notice of Enforcement or Suspension of Enforcement. The safety
zone established by this section will be enforced only upon notice of
the Captain of the Port. The Captain of the
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Port Lake Michigan will cause notice of enforcement of the safety zone
established by this section to be made by all appropriate means to the
affected segments of the public including publication in the Federal
Register as practicable, in accordance with 33 CFR 165.7(a). Such means
of notification may also include, but are not limited to Broadcast
Notice to Mariners or Local Notice to Mariners. The Captain of the Port
Lake Michigan will issue a Broadcast Notice to Mariners notifying the
public when enforcement of the safety zone established by this section
is suspended.
(e) Exemption. Public vessels as defined in paragraph (b) of this
section are exempt from the requirements in this section.
(f) Wavier. For any vessel, the Captain of the Port Lake Michigan
or a designated representative may waive any of the requirements of
this section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of safety or environmental safety.
Dated: June 6, 2007.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E7-11343 Filed 6-12-07; 8:45 am]
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