
[Federal Register: June 21, 2010 (Volume 75, Number 118)]
[Rules and Regulations]               
[Page 34936-34939]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn10-9]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0250]
RIN 1625-AA00

 
Safety Zone; Chicago Tall Ships Fireworks, Lake Michigan, 
Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Lake Michigan within Chicago Harbor, Chicago, Illinois. This 
zone is intended to restrict vessels from a portion of Chicago Harbor 
due to a fireworks display. This temporary safety zone is necessary to 
protect the surrounding public and vessels from the hazards associated 
with a fireworks display.

DATES: This rule is effective from 8:45 p.m. on August 24, 2010 until 
9:15 p.m. August 28, 2010.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble

[[Page 34937]]

as being available in the docket, are part of docket USCG-2010-0250 and 
are available online by going to http://www.regulations.gov, inserting 
USCG-2010-0250 in the ``Keyword'' box, and then clicking ``Search.'' 
This material is also available for inspection or copying at the Docket 
Management Facility (M-30), U.S. Department of Transportation, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail CWO2 Jon Grob, U.S. Coast Guard, Sector 
Lake Michigan, telephone (414)747-7188, e-mail Jon.K.Grob@uscg.mil. If 
you have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 3, 2010, we published a notice of proposed rulemaking (NPRM) 
entitled Safety Zone; Chicago Tall Ships Fireworks, Chicago, IL in the 
Federal Register (75 FR 23209). We received 0 comments on the proposed 
rule. No public meeting was requested and none was held.

Basis and Purpose

    This temporary safety zone is necessary to protect vessels from the 
hazards associated with the Chicago Tall Ships Fireworks display. The 
Captain of the Port, Sector Lake Michigan has determined that the 
Chicago Tall Ships Fireworks display presents a significant risk to 
public safety and property. The likely combination of congested 
waterways and a fireworks display presents a significant risk of 
serious injuries or fatalities.

Discussion of Comments and Changes

    No public comments were received concerning this event. No 
substantive changes have been made to the rule as proposed.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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 conclude that this rule is not a 
significant regulatory action because we anticipate that it will have 
minimal impact on the economy, will not interfere with other agencies, 
will not adversely alter the budget of any grant or loan recipients, 
and will not raise any novel legal or policy issues. The safety zone 
will be relatively small and will exist for only a minimal time. Under 
certain conditions, moreover, vessels may still transit through the 
safety zone when permitted by proper authority.

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 will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in a portion of Chicago Harbor between 8:45 p.m. 
until 9:15 p.m. from August 24, 2010 through August 28, 2010.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be enforced for short period of time. Vessels may safely 
pass outside the safety zone during the event. In the event that this 
temporary safety zone affects shipping, commercial vessels may request 
permission from the Captain of the Port, Sector Lake Michigan to 
transit through the safety zone. The Coast Guard will give notice to 
the public via a Broadcast to Mariners that the regulation is in 
effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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. No comments were received concerning this rule. No 
substantive changes have been made to the rule as proposed.

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 (adjusted for 
inflation) 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. No comments were received concerning this rule. No 
substantive changes have been made to the rule as proposed.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights. No comments were received concerning this rule. No substantive 
changes have been made to the rule as proposed.

[[Page 34938]]

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. No comments were received 
concerning this rule. No substantive changes have been made to the rule 
as proposed.

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. No comments were received 
concerning this rule. No substantive changes have been made to the rule 
as proposed.

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. No comments were 
received concerning this rule. No substantive changes have been made to 
the rule as proposed.

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. No comments were received concerning this 
rule. No substantive changes have been made to the rule as proposed.

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. No comments were 
received concerning this rule. No substantive changes have been made to 
the rule as proposed.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction. This rule involves the establishment of a safety zone 
therefore paragraph (34)(g) of the Instruction applies.
    An environmental analysis checklist and a 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 record 
keeping 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, 3306, 
3703; 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.T09-0250 to read as follows:


Sec.  165.T09-0250  Safety Zone; Chicago Tall Ships Fireworks, Chicago 
Harbor, Chicago, IL

    (a) Location. The safety zone will encompass all waters of Lake 
Michigan in the vicinity of Chicago Harbor located off the north east 
end of Navy Pier, encompassing an area 600 yards by 750 yards bound by 
a line drawn from bound by a line drawn from 41[deg]53'24'' N., 
087[deg]35'55'' W.; then north to 41[deg]53'41'' N., 087[deg]35'55'' 
W.; then east to 41[deg]53'41'' N., 087[deg]35'26'' W.; then south to 
41[deg]53'24'' N., 087[deg]35'26'' W.; then west returning to the point 
of origin (NAD 83).
    (b) Effective period. This regulation is effective from 8:45 p.m. 
on August 24, 2010 until 9:15 p.m. on August 28, 2010. It will be 
enforced between 8:45 p.m. and 9:15 p.m. on August 24, 2010, between 
the hours of 8:45 p.m. and 9:15 p.m. on August 25, 2010, between the 
hours of 8:45 p.m. and 9:15 p.m. on August 26, 2010, between the hours 
of 8:45 p.m. and 9:15 p.m. on August 27, 2010, and again between the 
hours of 8:45 p.m. and 9:15 p.m. on August 28, 2010. The Captain of the 
Port, Sector Lake Michigan, or his or her on-scene representative may 
terminate this operation at anytime.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port, Sector Lake Michigan, or his or her on-scene 
representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sector Lake Michigan, or his 
or her on-scene representative.
    (3) The ``on-scene 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 or her behalf. The 
on-scene representative of the Captain of the Port, Sector Lake 
Michigan, will be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port, Sector Lake Michigan, or 
his or her on-scene representative to obtain permission to do so. The 
Captain of the Port, Sector Lake Michigan, or his or her on-scene 
representative may be contacted via VHF Channel 16. Vessel operators 
given permission to enter or operate in the safety zone must comply 
with all directions given to them by the Captain of the Port, Sector 
Lake Michigan, or his or her on-scene representative.


[[Page 34939]]


    Dated: June 3, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-14848 Filed 6-18-10; 8:45 am]
BILLING CODE 9110-04-P

