[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Rules and Regulations]
[Pages 42865-42868]
[FR Doc No: 2013-17108]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0320]
RIN 1625-AA00

Safety Zone; Chicago Harbor; Navy Pier Southeast; Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY:  The Coast Guard is amending the safety zone for Chicago
Harbor, Navy Pier Southeast, Chicago, IL. This safety zone is intended
to restrict vessels from a portion of Chicago Harbor during fireworks
displays, races, and other marine events that occur throughout each
calendar year. The safety zone established by this rule is necessary to
protect spectators, participants, and vessels from the hazards
associated with these fireworks displays, boat races, and other events.

DATES: This final rule is effective August 19, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0320. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 rule,
contact MST1 Joseph McCollum, Prevention Department, Coast Guard Sector
Lake Michigan, Milwaukee, WI at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On May 21, 2013, The Coast Guard published a notice of proposed
rulemaking entitled ``Safety Zone; Chicago Harbor, Navy Pier SE.,
Chicago IL'' in the Federal Register (78 FR 29680). We did not receive
any comments in response to the proposed rule. No public meeting was
requested and one was not held.

B. Basis and Purpose

    Each year dozens of fireworks displays are launched from barges in
positions just south of the Navy Pier in Chicago. These fireworks
displays, along with other marine events, take place on a monthly and
sometimes weekly basis. The Captain of the Port, Lake Michigan, has
determined that these fireworks displays and other events such as races
or air shows pose a significant risk to public safety and property.
Such hazards include falling debris and collisions among spectator
vessels. To address these hazards the Coast Guard established a
permanent safety zone for the protection of spectators during these
displays and events in 33 CFR 165.931. This year, however, the Coast
Guard was informed by Melrose Pyrotechnics that a new launch position
will be used for some of the fireworks displays. This new position
launches a display from a break wall south of the Navy Pier and would
impact portions of Chicago Harbor hundreds of feet beyond the
boundaries of the zone as it is currently listed. To address this new
launch position, and to ensure safety of spectators and vessels, this
rule extends the boundaries of the safety zone within 33 CFR 165.931.

C. Discussion of Comments, Changes and the Final Rule

    The Captain of the Port, Lake Michigan, has determined that a
safety zone is necessary to mitigate the aforementioned safety risks.
Thus, this rule amends 33 CFR 165.931 and establishes a permanent
safety zone on Lake Michigan within Chicago harbor. This rule amends 33
CFR 165.931 to read: The following area is a safety zone: The waters of
Lake Michigan within Chicago Harbor bounded by coordinates beginning at
41[deg]53'26.5'' N, 087[deg]35'26.5'' W; then south to 41[deg]53'7.6''
N, 087[deg]35'26.3'' W; then west to 41[deg]53'7.6'' N,
087[deg]36'23.2'' W; then north to 41[deg]53'26.5'' N,
087[deg]36'24.6'' W; then east back to the point of origin (NAD 83).
    The Captain of the Port Lake Michigan will use all appropriate
means to notify the public when the safety zone established by this
rule will be enforced. Consistent with 33 CFR 165.7(a), such means may
include, among other things, publication in the Federal Register,
Broadcast Notice to Mariners, or Local Notice to Mariners.
    Entry into, transiting, or anchoring within this safety zone during
the period of enforcement is prohibited unless authorized by the
Captain of the Port, Lake Michigan, or his or her designated on-scene
representative. The Captain of the Port, Lake Michigan, or his or her
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

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

1. 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security. 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 created by this rule
will be relatively small and enforced in short periods immediately
before, during, and after the time the displays and events occur. Also,
this safety zone is designed to minimize its impact on navigable
waters. Furthermore, the safety zone has been designed to allow vessels
to transit portions of the waterways not affected by the safety zone.
Thus, restrictions on vessel movements within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port, Lake Michigan. On the whole, the Coast Guard expects
insignificant adverse impact to mariners from the activation of this
safety zone.

2. Impact on 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
would 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 portions of Chicago Harbor when this
safety zone is being enforced.

3. 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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process. If this
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in FOR FURTHER
INFORMATION CONTACT section, above.
    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.

4. 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).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. 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 would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This rule would 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. 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 determined
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and
thus, is categorically excluded under paragraph (34)(g) of the
Instruction. An environmental analysis checklist supporting this
determination is 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.

    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. 1231; 46 U.S.C. Chapters 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. Revise Sec.  165.931 to read as follows:

Sec.  165.931  Safety Zone; Chicago Harbor, Navy Pier Southeast,
Chicago, IL.

    (a) Location. The following area is a safety zone: The waters of
Lake Michigan within Chicago Harbor bounded by coordinates beginning at
41[deg]53'26.5'' N, 087[deg]35'26.5'' W; then south to 41[deg]53'7.6''
N, 087[deg]35'26.3'' W; then west to 41[deg]53'7.6'' N,
087[deg]36'23.2'' W; then north to 41[deg]53'26.5'' N,
087[deg]36'24.6'' W then east back to the point of origin (NAD 83).
    (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 a safety zone, permit entry into the zone, give
legally enforceable orders to persons or vessels within the zone, 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) In accordance with the general regulations in
33 CFR 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port, Lake
Michigan, or his designated representative.

    (2) This safety zone is closed to all vessel traffic, excepted as
may be permitted by the Captain of the Port, Lake Michigan or his
designated representative. All persons and vessels must comply with the
instructions of the Coast Guard Captain of the Port or his 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
or his 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 must obey all lawful orders or directions of the Captain of the
Port or a designated representative.
    (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 Port 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.
    (e) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
    (f) Waiver. For any vessel, the Captain of the Port Lake Michigan
or his 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 public or environmental safety.

    Dated: July 1, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-17108 Filed 7-17-13; 8:45 am]
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