
[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Proposed Rules]
[Pages 48751-48754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20091]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0489]
RIN 1625-AA87


Security Zones; Captain of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: Based on a review of safety and security zones around critical 
infrastructure in the Chicago area, the Captain of the Port Sector Lake 
Michigan has determined that to better protect such infrastructure, 
while also mitigating burdens on waterway users, it is necessary to 
amend these security zones in our regulations. Specifically, the Coast 
Guard proposes to reduce the size of an existing security zone, 
disestablish another security zone, and create three new security 
zones.

DATES: Comments and related materials must reach the Coast Guard on or 
before September 8, 2011.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2011-0489 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call MST1 Brenden Otjen Coast Guard Marine Safety Unit, 
Willowbrook, IL at (630) 986-2155. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0489), indicate the specific section of this 
document to which each comment

[[Page 48752]]

applies, and give the reason for each comment. We recommend that you 
include your name and a mailing address, an e-mail address, or a phone 
number in the body of your document so that we can contact you if we 
have questions regarding your submission. You may submit your comments 
and material by electronic means, mail, fax, or delivery to the Docket 
Management Facility at the address under ADDRESSES; but please submit 
your comments and material by only one means. If you submit them by 
mail or delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you 
submit them by mail and would like to know that they reached the 
Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2011-0489) 
in the ``Keyword'' box, and click ``Search. '' You may also visit 
either the Docket Management Facility in Room W12-140 on the ground 
floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, 
D.C. 20590, between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays; or the U.S. Coast Guard Marine Safety Unit Chicago, 
555A Plainfield Rd., Willowbrook, IL 60527, between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    The Coast Guard recently worked with local governmental agencies to 
review the safety and security zones around critical infrastructure in 
the Chicago area. Based on this review, the Captain of the Port Sector 
Lake Michigan had determined that to better protect critical 
infrastructure while also mitigating burdens on waterway users it is 
necessary to reduce the size of an existing security zone, disestablish 
an existing security zone, and establish three new security zones.

Discussion of Proposed Rule

    For the reasons discussed in the preceding paragraph, the Captain 
of the Port Sector Lake Michigan proposes to amend 33 CFR 165.904 and 
910. Specifically, this proposed rule would reduce the size of the 
safety and security zone entitled Lake Michigan at Chicago Harbor & 
Burnham Park Harbor-Safety and Security Zone, which is located at 33 
CFR 165.904. The revised zone will be significantly reduced in size due 
to the disestablishment of Meigs Airfield and the need to secure only 
Burnham Park harbor during high profile visits that require security 
zone enforcement. This proposed reduction of the Chicago Harbor & 
Burnham Park Harbor-Safety and Security Zone would result in the zone 
encompassing all U.S. navigable waters of Lake Michigan within Burnham 
Park Harbor shoreward of a line across the entrance of the harbor 
connecting coordinates 41[deg]51'09'' N, 87[deg]36'36'' W and 
41[deg]51'11'' N, 87[deg]36'22'' W.
    In addition to reducing the size of the security zone described in 
Sec.  165.904(a), this proposed rule would also disestablish a security 
zone. Specifically, this proposed rule would disestablish the security 
zone in 33 CFR 165.910(a)(1) entitled Security Zones; Captain of the 
Port Lake Michigan; Navy Pier Northside.
    Finally, this proposed rule would establish three new security 
zones in 33 CFR 165.910. The first new security zone would be located 
in the vicinity of the Jardine Water Treatment Plant, Chicago, 
Illinois. The Jardine Water Filtration Plant security zone would 
encompass all U.S. navigable waters of Lake Michigan within an arc of a 
100-yard radius with its center located on the approximate position 
41[deg]53'46'' N, 87[deg]36'23'' W.
    The second new security zone would be located in the vicinity of 
the Wilson Avenue Crib, Chicago, Illinois. It would encompass all U.S. 
navigable waters of Lake Michigan within the arc of a circle with a 
100-yard radius with its center in approximate position 41[deg]58'00'' 
N, 87[deg]35'30'' W.
    The third new security zone would be located in the vicinity of the 
new Four Mile Intake Crib in Chicago, Illinois. It would encompass all 
U.S. navigable waters of Lake Michigan within the arc of a circle with 
a 100-yard radius with its center in approximate position 
41[deg]52'40'' N, 87[deg]32'45'' W.
    In accordance with 33 CFR 165.33, no person or vessel would be able 
to enter or remain in one of the security zones discussed in this 
proposed rule without permission of the Captain of the Port Sector Lake 
Michigan. The Captain of the Port Sector Lake Michigan, at his or her 
discretion, may permit persons and vessels to enter the security zones 
addressed in this proposed rule. For instance, the Captain of the Port 
Sector Lake Michigan may permit those U.S. Coast Guard certificated 
passenger vessels that normally load and unload passengers at the north 
side of Navy Pier to operate in the Jardine Water Filtration Plant 
security zone.

Regulatory Analyses

    We developed this proposed 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 proposed 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 
proposed rule is not a significant regulatory action because we 
anticipate that it would have minimal impact on the economy, would not 
interfere with other agencies, would not adversely alter the budget of 
any grant or loan recipients, and would not raise any novel legal or 
policy issues. The security zones amended and established by this 
proposed rule would be relatively small and enforced for relatively 
short time. Also, each security zone is designed to minimize its impact 
on navigable waters. Furthermore, each security zone has been designed 
to allow vessels to transit unrestricted to portions of the waterways 
not affected by the security zones. Thus, restrictions on vessel 
movements within that particular area are expected to be minimal. Under 
certain conditions, moreover, vessels may still transit through each 
security zone when permitted by the Captain of the Port,

[[Page 48753]]

Sector Lake Michigan. On the whole, the Coast Guard expects 
insignificant adverse impact to mariners from the activation of these 
security zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: the owners and 
operators of vessels intending to transit or anchor in the security 
zones addressed in this proposed rule. These security zones would not 
have a significant economic impact on a substantial number of small 
entities for the following reasons: the security zones in this proposed 
rule would be in small areas surrounding the intake cribs or areas near 
shore to Chicago's water filtration plants; the security zones have 
been designed to allow traffic to pass safely around these zones 
whenever possible.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If this 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the Waterways 
Management Department, Coast Guard Marine Safety Unit Chicago, 
Willowbrook, IL at (630) 986-2155. The Coast Guard will not retaliate 
against small entities that question or object to this rule or any 
policy or action of the Coast Guard.

Collection of Information

    This proposed 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 proposed 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not affect the 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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 proposed 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 proposed 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 proposed 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 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 
made a preliminary determination that this action is not likely to have 
a significant effect on the human environment. This proposed rule 
involves the establishing, disestablishing, and changing of security 
zones and therefore, is categorically excluded under paragraph 34(g) of 
the Instruction. A preliminary environmental analysis check list 
supporting this preliminary

[[Page 48754]]

determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.
    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

    1. The authority citation for part 165 continues to read as 
follows:
    33 U.S.C. 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; Public Law 107-295, 116 
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
    2. Amend Sec.  165.904 by revising paragraph (a) to read as 
follows:


Sec.  165.904  Lake Michigan at Chicago Harbor & Burnham Park Harbor--
Safety and Security Zone.

    (a) Location. All waters of Lake Michigan within Burnham Park 
Harbor shoreward of a line across the entrance of the harbor connecting 
coordinates 41[deg]51'09'' N, 87[deg]36'36'' W and 41[deg]51'11'' N, 
87[deg]36'22'' W.
* * * * *
    3. In Sec.  165.910, revise paragraph (a)(1),(a)(1)(i) and add 
paragraphs (a)(10) and (a)(11) to read as follows:


Sec.  165.910  Security Zones; Captain of the Port Lake Michigan.

    (a) * * *
    (1) Jardine Water Filtration Plant.
    (i) Location. All waters of Lake Michigan within the arc of a 100-
yard radius with its center located on the north wall of Jardine Water 
Filtration Plant, approximate position 41[deg]53'46'' N, 87[deg]36'23'' 
W; (NAD 83)
* * * * *
    (10) Wilson Avenue Intake Crib. All waters of Lake Michigan within 
the arc of a circle with a 100-yard radius of the Wilson Avenue Crib 
with its center in approximate position 41[deg]58'00'' N, 
87[deg]35'30'' W. (NAD 83)
    (11) Four Mile Intake Crib. All waters of Lake Michigan within the 
arc of a circle with a 100-yard radius of the Four Mile Crib with its 
center in approximate position 41[deg]52'40'' N, 87[deg]32'45'' W. (NAD 
83)
* * * * *

    Dated: July 21 2011.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-20091 Filed 8-8-11; 8:45 am]
BILLING CODE 9110-04-P


