[Federal Register: May 20, 2003 (Volume 68, Number 97)]
[Rules and Regulations]
[Page 27466-27469]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my03-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-03-203]
RIN 1625-AA00
Safety Zones; Captain of the Port Chicago Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing fifteen permanent safety zones
for annual fireworks displays throughout the Captain of the Port
Chicago Zone. These safety zones are necessary to control vessel
traffic within the immediate vicinity of fireworks launch sites and to
ensure the safety of life and property during each event. These safety
zones are intended to restrict vessels from the area encompassed by the
safety zone for the duration of each fireworks display.
DATES: This rule is effective on May 20, 2003.
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 CGD09-03-203 and are available for inspection or
copying at Coast Guard Marine Safety Office Chicago, between 7:30 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: MST2 Kenneth Brockhouse, U.S. Coast
Guard Marine Safety Office Chicago, at (630) 986-2175.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 14, 2003, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones; Captain of the Port Chicago Zone, in the
Federal Register (68 FR 7473, February 14, 2003). We received no
letters commenting on the proposed rule. No public hearing 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. The events listed in this rule
have been regularly held on an annual basis with widespread public
participation. The Coast Guard has not received any complaints or
negative comments previously with regard to these events. Delaying the
effective date would be contrary to public interest because events
being held in early June would be without an enforceable zone, thus
placing the safety and property of spectators at unnecessary risk.
Background and Purpose
Each year, various organizations in Illinois and Michigan sponsor
fireworks displays at the same locations during the same general time
periods. Based on recent accidents that have occurred in other Captain
of the Port zones, and the explosive hazards associated with these
events, the Captain of the Port Chicago has determined that fireworks
launches in close proximity to watercraft pose a risk to public safety
and property. The likely combination of large numbers of inexperienced
recreational boaters, 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 will ensure the safety of
persons and property at these events and help minimize the associated
risk.
In the past, and for those reasons stated above, the Captain of the
Port has annually promulgated separate temporary rulemaking for each
fireworks event. This proposed rule merely consolidates past temporary
rulemakings into one rulemaking, includes other events for the purpose
of
[[Page 27467]]
uniformity, and allows for a more thoughtful, timely rulemaking
process. This rulemaking will create a permanent rule listing the
safety zones for each fireworks launch platform used for each fireworks
display. All geographic coordinates are based upon North American Datum
1983 (NAD 83).
Discussion of Comments and Changes
During the public comment period, the Coast Guard received no
comments or related information pertaining to this rulemaking.
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 exempted it from review under that
Order. It is not significant under the regulatory policies and
procedures of the Department of Homeland Security (DHS). 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 DHS is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this final 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 final
rule will not have a significant economic impact on a substantial
number of small entities.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
safety zone sizes were carefully considered and consist in size such
that they will not obstruct the regular flow of commercial traffic and
will allow vessel traffic to pass around the safety zone. In addition,
in the event that it may be necessary, prior to transiting commercial
vessels can request permission from the Captain of the Port Chicago to
transit through the zone.
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 this final rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
No comments or questions were received from any small businesses.
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, Federalism,
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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect 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 would not create an
environmental risk to health or risk to safety that might
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 would 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.
Environment
We have 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. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying 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 proposes to
amend 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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6 and 160.5; Department of Homeland Security Delegation
No. 0170.
0
2. Add Sec. 165.918 to read as follows:
[[Page 27468]]
Sec. 165.918 Safety Zones; Annual Fireworks Displays in the Captain
of the Port Chicago Zone
(a) Safety zones. The following areas are designated safety zones:
(1) Evanston Fourth of July Fireworks--Evanston, IL:
(i) Location. All waters and adjacent shoreline of Lake Michigan
bounded by the arc of a circle with a 1000-foot radius from the
fireworks launch site with its center in approximate position 42Sec.
02'58'' N, 087Sec. 40'22'' W (NAD 83).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(2) Independence Day Fireworks--Manistee, MI:
(i) Location. All waters and adjacent shoreline of Lake Michigan
within the arc of a circle with a 1000-foot radius from the fireworks
launch site with its center in approximate position 44[deg]14'51'' N,
086[deg]20'46'' W (NAD 83) (Off First Street Beach).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(3) Independence Day Fireworks--Lake Kalamazoo, Saugatuck, MI:
(i) Location. All waters and adjacent shoreline of Lake Kalamazoo,
Saugatuck, MI. within the arc of a circle with a 1000-foot radius from
the fireworks launch site with its center in approximate position
42[deg]38'52.5'' N, 086[deg]12'18.5'' W (NAD 83).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(4) Independence Day Fireworks--White Lake, Whitehall, MI:
(i) Location. All waters and adjacent shoreline of White Lake,
Whitehall, MI. within the arc of a circle with a 1000-foot radius from
the fireworks launch site with its center in approximate position of
43[deg]24'33.5'' N, 086[deg]21'28.5'' W (NAD 83).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(5) Pentwater July 3rd Fireworks--Lake Michigan, Pentwater, MI:
(i) Location. All waters and adjacent shoreline of Lake Michigan
and the Shipping Channel, Pentwater, MI. within the arc of a circle
with a 1000-foot radius from the fireworks launch site on the North
Breakwall with its center in approximate position of 43[deg]46'56.5''
N, 086[deg]26'38'' W (NAD 83).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(6) Venetian Night Fireworks--Lake Kalamazoo, Saugatuck, MI:
(i) Location. All waters and adjacent shoreline of Lake Kalamazoo,
Saugatuck, MI. within the arc of a circle with a 1000-foot radius from
the fireworks launch site with its center in approximate position
42[deg]38'52.5'' N, 086[deg]12'18.5'' W (NAD 83).
(ii) Expected date and time. The fourth weekend in July; or the
first weekend in August; sunset to termination of display:
(7) Venetian Night Fireworks--Lake Michigan, Hammond, IN:
(i) Location. All waters and adjacent shoreline of Lake Michigan,
Hammond, IN. within the arc of a circle with a 840-foot radius from the
fireworks launch site with its center in approximate position of
41[deg]41'54'' N, 087[deg]30'46'' W (NAD 83).
(ii) Expected date and time. The first weekend in August; sunset to
termination of display.
(8) Venetian Night Fireworks--Monroe Street Harbor--Chicago, IL:
(i) Location. All waters and adjacent shoreline of Lake Michigan,
Chicago, IL. within the arc of a circle with a 1000-foot radius from
the fireworks launch site at Monroe Street Harbor with its center in
approximate position of 41[deg]52'41'' N, 087[deg]36'37'' W (NAD 83).
(ii) Expected date and time. The fourth weekend in July; or the
first weekend in August; sunset to termination of display.
(9) Wings Over the Lake Air Show--Michigan City, IN:
(i) Location. All waters and adjacent shoreline of Lake Michigan,
off Washington Park, Michigan City, IN. encompassed by a line drawn
between the following coordinates starting at 41[deg]43'39'' N,
086[deg]54'32'' W; northwest to 41[deg]44'06'' N, 086[deg]54'44'' W;
northeast to 41[deg]44'21'' N, 086[deg]53'52'' W; southeast to
41[deg]43'55'' N, 086[deg]53'40'' W; then southwest back to the point
of origin (NAD 83). The safety zone starts approximately 250-feet from
the East Pierhead and 250-feet from Washington Park Beach.
(ii) Expected Date and Time. The first week in July.
(10) YMCA Lake Michigan Swim--Ferrysburg, MI:
(i) Location. All waters and adjacent shoreline of Lake Michigan,
off the Ferrysburg North Pier within 100-feet of a straight line from
43[deg]03.45' N, 086[deg]13.4' W; to 43[deg]05' N, 086[deg]15.24' W
(NAD 83).
(ii) Expected date and time. The 3rd week in July; from 8 a.m.
(local) until the end of the event.
(11) Team Aquatics Ski Show--Grand River, Grand Haven, MI:
(i) Location. All waters and adjacent shoreline of the Grand River,
Grand Haven, MI. from 43[deg]04'08'' N, 086[deg]14'13'' W; thence east
to 43[deg]04'06'' N, 086[deg]14'07'' W; thence southwest to
43[deg]03'53'' N, 086[deg]14'14'' W; and east to 43[deg]03'51.5'' N,
086[deg]14'07.5'' W (NAD 83).
(ii) Expected date and time. The 4th week in July; from 6 p.m.
(local) until 8:30 p.m. (local).
(12) Chicago Flatwater Classic--Chicago River, Chicago, IL:
(i) Location. All waters and adjacent shoreline of the Chicago
River from a line drawn across the river at mile marker 323 to a line
drawn across the river at mile marker 331.
(ii) Expected date and time. The 2nd weekend in August; from 9 a.m.
(local) until 3:30 p.m. (local).
(13) Navy Pier Summer Fireworks--Lake Michigan, Chicago, IL.
(i) Locations.
(1) Primary launch site. All waters and adjacent shoreline of Lake
Michigan bounded by the arc of a circle with a 1400-foot radius from
the fireworks launch platform with its center in approximate position
41[deg]53'18'' N, 087[deg]36'08'' W (NAD 83).
(2) Alternate launch site. In the case of inclement weather, the
alternate launch site is all waters and adjacent shoreline of Lake
Michigan bounded by the arc of a circle with a 1400-foot radius with
its center in approximate position 41[deg]53'24'' N, 087[deg]35'44'' W
(NAD 83).
(ii) Expected dates and times. Every Wednesday and Saturday evening
from 9 p.m. (local) until termination of display from June 1 thru
September 1.
(14) Navy Pier 4th of July Fireworks--Lake Michigan, Chicago, IL.
(i) Locations.
(1) Primary launch site. All waters and adjacent shoreline of Lake
Michigan bounded by the arc of a circle with a 1400-foot radius from
the fireworks launch platform with its center in approximate position
41[deg]53'18'' N, 087[deg]36'08'' W (NAD 83).
(2) Alternate launch site. In the case of inclement weather, the
alternate launch site is all waters and adjacent shoreline of Lake
Michigan bounded by the arc of a circle with a 1400-foot radius with
its center in approximate position 41[deg]53'24'' N, 087[deg]35'44'' W
(NAD 83).
(ii) Expected date and time. The first week of July; sunset to
termination of display.
(15) St. Joseph's River Marathon Swim--St. Joseph, MI.
(i) Location. All the waters of Lake Michigan (off of St. Joseph,
MI.), and the St. Joseph River, within 100 feet of the race course.
(ii) Expected date and time. The 3rd week in July; from 11 a.m.
(local) until the end of the event.
[[Page 27469]]
(b) Regulations.
(1) The general regulations contained in 33 CFR 165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means,
the operator shall proceed as directed. U.S. Coast Guard Auxiliary,
representatives of the event organizer, and local or state officials
may be present to inform vessel operators of this regulation and other
applicable laws.
(3) In cases where shipping is affected, commercial vessels may
request permission from the Captain of the Port Chicago to transit the
safety zone. Approval in such cases will be case-by-case. Requests must
be made in advance and approved by the Captain of the Port before
transits will be authorized. The Captain of the Port may be contacted
via Channel 16, VHF-FM.
(c) Captain of the Port Chicago will announce the exact time and
location of the annual events listed in this regulation by Notice of
Implementation, Broadcast Local Notice to Mariners, or any other means
deemed appropriate.
Dated: May 5, 2003.
Raymond E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port, Chicago.
[FR Doc. 03-12493 Filed 5-19-03; 8:45 am]
BILLING CODE 4910-15-P