[Federal Register: December 15, 2005 (Volume 70, Number 240)]
[Rules and Regulations]
[Page 74202-74204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de05-7]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-135]
RIN 1625-AA00
Safety Zone; Chicago New Year's Celebration, Lake Michigan,
Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Chicago New Year's Celebration fireworks display. This safety zone
is necessary to protect vessels and spectators from potential airborne
hazards during a planned fireworks display over Lake Michigan. The
safety zone is intended to restrict vessels from a portion of Lake
Michigan off Chicago, Illinois.
DATES: This rule is effective from 11:59 p.m. (local time) on December
31, 2005 through 12:15 a.m. (local time) on January 1, 2006.
ADDRESSES: Comments and material from the public, as well as documents
indicated in this preamble as being available in the docket, are part
of the docket (CGD09-05-135], and are available for inspection or
copying at Commanding Officer, U.S. Coast Guard Marine Safety Unit
Chicago, 215 W. 83rd Street, Suite D, Burr Ridge, IL, 60527, between 8
a.m. and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: MST1 Kenneth Brockhouse, U.S. Coast
Guard Marine Safety Unit Chicago, at (630) 986-2155.
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 a NPRM. The Coast Guard was not made
aware that this event was to take place with sufficient time to allow
for publication of a NPRM followed by a final rule. 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. Delaying this rule would be impracticable and immediate
action is necessary to ensure the safety of spectators and vessels
during this event. During the enforcement of this safety zone, comments
will be accepted and reviewed and may result in a modification to the
rule.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with a fireworks
display. Based on accidents that have occurred in other Captain of the
Port zones and the explosive hazards of fireworks, the Captain of the
Port Lake Michigan has determined fireworks launches in close proximity
to watercraft pose significant risk to public safety and property. The
likely combination of large numbers of recreation 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 platform will help ensure
the safety of persons and property at these events and help minimize
the associated risks.
Discussion of Rule
The safety zone for the Chicago New Year's Celebration fireworks
display will encompass all waters of Lake Michigan bounded by the arc
of a circle with a 700-foot radius with its center in the approximate
position 41[deg]52'41'' N, 087[deg]36'37'' W (inside the breakwall of
Monroe Harbor). These coordinates are based upon the North American
Datum 1983 (NAD 83). The size of this zone was determined using the
National Fire Prevention Association guidelines and local knowledge
concerning wind, waves, and currents.
All persons shall comply with the instructions of the Captain of
the Port Lake Michigan or his designated on-scene representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Lake Michigan, or his
designated on-scene representative. The designated on-scene
representative is the Patrol
[[Page 74203]]
Commander. The Patrol Commander can be contacted via VHF Channel 16.
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This finding is based on the relatively small percentage of vessels
that would fall within the applicability of the regulation, the
relatively small size of the limited area around the safety zone, the
minimal amount of time that vessels will be restricted when the zone is
being enforced. In addition, vessels that will need to enter the zone
may request permission on a case-by-case basis from the Captain of the
Port or the designated on-scene representatives.
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.
This rule may affect the following entities, some of which might be
small entities: The owners or operators of vessels intending to transit
through the safety zone in and around the area.
This proposed rule would not have a significant impact on a
substantial number of small entities because the restrictions affect
only a limited area for a brief amount of time. Further, transit
through the zone may be permitted with proper authorization from the
Captain of the Port Lake Michigan or his designated representative.
Additionally, the opportunity to engage in recreational activities
outside the limits of the safety zone will not be disrupted.
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 (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 (1-800-734-3247).
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
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 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
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. 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
[[Page 74204]]
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 proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination 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, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. This event
establishes a safety zone therefore paragraph (34)(g) of the
Instruction applies.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be categorically excluded from further environmental
review.
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(g), 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.T09.135 to read as follows: Sec. 165.T09.135 Safety
Zone; Chicago New Year's Celebration, Lake Michigan, Chicago, IL.
(a) Location. The following area is designated a safety zone: All
waters of Lake Michigan bounded by the arc of a circle with a 700-foot
radius with its center in the approximate position 41[deg]52'41'' N,
87[deg]36'37'' W (inside the breakwall of Monroe Harbor). These
coordinates are based upon the North American Datum 1983 (NAD 1983).
(b) Effective Time and Date. This regulation is effective from
11:59 p.m. (local time) December 31, 2005 until 12:15 a.m. (local time)
January 1, 2006. Captain of the Port Lake Michigan or the on scene
Patrol Commander may terminate this event at anytime.
(c) Regulations. In accordance with the general regulations in 33
CFR 165.23, entry into this zone is prohibited unless authorized by the
Coast Guard Captain of the Port Lake Michigan, or the designated on-
scene representative.
(1) This safety zone is closed to all marine traffic, except as may
be permitted by the Captain of the Port or his duly appointed
representative.
(2) The ``duly appointed representative'' of the Captain of the
Port is any Coast Guard commissioned, warrant or petty officer who has
been designated by the Captain of the Port to act on his behalf. The
representative of the Captain of the Port will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
(3) Vessel operators desiring to enter or operate within the Safety
Zone shall contact the Captain of the Port or his representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the Safety Zone shall comply with all directions given to
them by the Captain of the Port or his representative.
Dated: December 7, 2005.
S. P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 05-24068 Filed 12-14-05; 8:45 am]
BILLING CODE 4910-15-P