Safety Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL, 25217-25219 [E7-8608]
Download as PDF
Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules
a.m. to 4:30 p.m. on August 5, 2007. If
either the speed trials or the races are
postponed due to weather, then the
temporary special local regulations will
be enforced during the same time period
the next day.
Dated: April 24, 2007.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. E7–8509 Filed 5–3–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–07–006]
RIN 1625–AA00
Safety Zone, Chicago Harbor, Navy
Pier Southeast, Chicago, IL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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SUMMARY: The Coast Guard is proposing
to establish a Safety Zone in Chicago
Harbor. This zone is intended to restrict
vessels from portions of Chicago Harbor
during fireworks displays that pose a
hazard to public safety. This zone is
necessary to protect the public from the
hazards associated with fireworks
displays.
DATES: Comments and related materials
must reach the Coast Guard on or before
June 4, 2007.
ADDRESSES: You may mail comments
and related material to Commander
Coast Guard Sector Lake Michigan, 2420
South Lincoln Memorial Drive,
Milwaukee, WI 53207. The Sector Lake
Michigan Prevention Department
maintains the public docket for this
rulemaking. Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, will
become part of this docket and will be
available for inspection or copying
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have further questions on this rule,
contact CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at (414) 747–
7154.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to submit
comments and related materials. If you
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Jkt 220001
submit a comment, please include your
name and address, identify the docket
number for this rulemaking [CGD09–07–
006], indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. You may submit your
comments and material by mail (see
ADDRESSES). If you submit them by mail
or delivery, submit them in an unbound
format, no larger than 81⁄2 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,
which may result in a modification to
the rule.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a public meeting (see 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
This safety zone is necessary to
protect vessels and people from the
hazards associated with fireworks
displays. Such hazards include the
explosive danger of fireworks and debris
falling into the water that may cause
death or serious bodily harm.
Discussion of Rule
The proposed safety zone is necessary
to ensure the safety of vessels and
people during fireworks displays in
Chicago Harbor. The proposed safety
zone encompasses the waters of Lake
Michigan within Chicago Harbor
between the east end of the Chicago
Lock guidewall and Chicago Harbor
breakwater.
The Coast Guard Patrol Commander
will be on-scene while the safety zone
is enacted and inform the public that
the safety zone is being enforced. 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. The Captain of the
Port will issue a Broadcast Notice to
Mariners notifying the public when
enforcement of the safety zone
established by this section is suspended.
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25217
The proposed safety zone replaces 33
CFR 165.918 Safety Zones; Annual
fireworks events in the Captain of the
Port Chicago Zone, (13) and (14). The
safety zone will encompass the waters
of Lake Michigan within Chicago Harbor
between the east end of the Chicago
Lock guidewall and the Chicago Harbor
breakwater beginning at 41°53′24″ N,
087°35′26″ W; then south to 41°53′09″
N, 087°35′26″ W; then east to 41°53′09″
N, 087°36′09″ W; then north to
41°53′24″ N, 087°36′09″ W; then back to
the point of origin.
Regulatory Evaluation
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. It has not
been reviewed by the Office of
Management and Budget 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. The Coast Guard’s
use of this safety zone will be periodic
in nature and will likely not exceed
forty, one-hour events per year. This
safety zone will only be enforced during
the time the safety zone is actually in
use. Furthermore, this safety zone has
been designed to allow vessels to transit
unrestricted to portions of the harbor
not affected by the zone. The Coast
Guard expects insignificant adverse
impact to mariners from the activation
of this zone.
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.
We suspect that there may be small
entities affected by this rule but are
unable to provide more definitive
information as to the number of small
entities that may be affected. The risk,
outlined above, is severe and requires
that immediate action be taken. The
Coast Guard will evaluate whether a
substantial number of small entities are
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04MYP1
25218
Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules
affected as more information becomes
available.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule will have a significant
economic impact on it, please submit a
comment to the Docket Management
Facility at the address under ADDRESSES.
In your comment, explain why you
think it qualifies, 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 this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking
process. Small businesses may send
comments on 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 proposed rule calls for no new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
cprice-sewell on DSK89S0YB1PROD with RULES
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 or more in any one year.
Though this proposed rule will not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
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14:29 Apr 20, 2010
Jkt 220001
Taking of Private Property
This proposed 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 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 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
The Coast Guard recognizes the treaty
rights of Native American Tribes.
Moreover, the Coast Guard is committed
to working with Tribal Governments to
implement local policies and to mitigate
tribal concerns. We have determined
that this proposed safety zone and
fishing rights protection need not be
incompatible. We have also determined
that 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.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this Proposed Rule or options for
compliance are encourage to contact the
point of contact listed under FOR
FURTHER INFORMATION CONTACT.
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
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Fmt 4702
Sfmt 4702
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, 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 this
rule should be categorically excluded,
under figure 2–1, paragraph 34(g) from
further environmental documentation.
This proposed rule establishes a safety
zone and as such is covered by this
paragraph.
A preliminary ‘‘Environmental
Analysis Check List’’ and a preliminary
‘‘Categorical Exclusion Determination’’
are 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.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
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Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.931 to read as follows:
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§ 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
between the east end of the Chicago
Lock guidewall and the Chicago Harbor
breakwater beginning at 41°53′24″ N,
087°35′26″ W; then south to 41°53′09″
N, 087°35′26″ W; then east to 41°53′09″
N, 087°36′09″ W; then north to
41°53′24″ N, 087°36′09″ W; then back to
the point of origin.
(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 this safety zone, permit entry
into this zone, give legally enforceable
orders to persons or vessels within this
zones 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) The general
regulations in 33 CFR 165.23 apply.
(2) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port or a
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.
(4) All vessels must obtain permission
from the Captain of the Port or a
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 shall obey all lawful orders
or directions of the Captain of the Port
or a designated representative. While
within a safety zone, all vessels shall
operate at the minimum speed
necessary to maintain a safe course.
(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
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14:29 Apr 20, 2010
Jkt 220001
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.
The Captain of the Port will issue a
Broadcast Notice to Mariners notifying
the public when enforcement of the
safety zone established by this section is
suspended.
(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 a
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 safety or environmental
safety.
Dated: March 12, 2007.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. E7–8608 Filed 5–3–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–07–005]
RIN 1625–AA00
Safety Zones; Annual Events
Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes
establishment of safety zones for annual
events in the Captain of the Port Lake
Michigan zone. This proposed rule is
intended to restrict vessels from
portions of water and shore areas during
events that pose a hazard to public
safety. The safety zones established by
this proposed rule are necessary to
protect spectators, participants, and
vessels from the hazards associated with
fireworks displays, air shows, and other
events.
DATES: Comments and related materials
must reach the Coast Guard on or before
June 4, 2007.
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25219
ADDRESSES: You may mail comments
and related material to Commander,
Coast Guard Sector Lake Michigan
(spw), 2420 South Lincoln Memorial
Drive, Milwaukee, WI 53207. Sector
Lake Michigan Prevention Department
maintains the public docket for this
rulemaking. Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, will
become part of this docket and will be
available for inspection or copying at
the Coast Guard Sector Lake Michigan
Prevention Office between 8 a.m. and 3
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
CWO Brad Hinken, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at (414) 747–
7154.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking [CGD09–07–005],
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, 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.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Commander,
Coast Guard Sector Lake Michigan
(SPW) 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
In 2005 the Coast Guard consolidated
the Captain of the Port Milwaukee Zone
and the Captain of the Port Chicago
Zone and realigned the boundaries of
the Captain of the Port Sault Ste. Marine
zone to create the Captain of the Port
Lake Michigan zone. This proposed rule
will consolidate the regulations found
in 33 CFR 165.909, Safety Zones;
Annual fireworks events in the Captain
of the Port Milwaukee Zone and 33 CFR
E:\FR\FM\04MYP1.SGM
04MYP1
Agencies
[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Proposed Rules]
[Pages 25217-25219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8608]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-07-006]
RIN 1625-AA00
Safety Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a Safety Zone in
Chicago Harbor. This zone is intended to restrict vessels from portions
of Chicago Harbor during fireworks displays that pose a hazard to
public safety. This zone is necessary to protect the public from the
hazards associated with fireworks displays.
DATES: Comments and related materials must reach the Coast Guard on or
before June 4, 2007.
ADDRESSES: You may mail comments and related material to Commander
Coast Guard Sector Lake Michigan, 2420 South Lincoln Memorial Drive,
Milwaukee, WI 53207. The Sector Lake Michigan Prevention Department
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying between 8 a.m.
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have further questions on this
rule, contact CWO Brad Hinken, Prevention Department, Coast Guard
Sector Lake Michigan, Milwaukee, WI at (414) 747-7154.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to submit comments and related materials. If you
submit a comment, please include your name and address, identify the
docket number for this rulemaking [CGD09-07-006], indicate the specific
section of this document to which each comment applies, and give the
reason for each comment. You may submit your comments and material by
mail (see ADDRESSES). 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, which may result in a
modification to the rule.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a public meeting (see 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
This safety zone is necessary to protect vessels and people from
the hazards associated with fireworks displays. Such hazards include
the explosive danger of fireworks and debris falling into the water
that may cause death or serious bodily harm.
Discussion of Rule
The proposed safety zone is necessary to ensure the safety of
vessels and people during fireworks displays in Chicago Harbor. The
proposed safety zone encompasses the waters of Lake Michigan within
Chicago Harbor between the east end of the Chicago Lock guidewall and
Chicago Harbor breakwater.
The Coast Guard Patrol Commander will be on-scene while the safety
zone is enacted and inform the public that the safety zone is being
enforced. 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. The Captain of the Port will issue a Broadcast Notice to
Mariners notifying the public when enforcement of the safety zone
established by this section is suspended.
The proposed safety zone replaces 33 CFR 165.918 Safety Zones;
Annual fireworks events in the Captain of the Port Chicago Zone, (13)
and (14). The safety zone will encompass the waters of Lake Michigan
within Chicago Harbor between the east end of the Chicago Lock
guidewall and the Chicago Harbor breakwater beginning at 41[deg]53'24''
N, 087[deg]35'26'' W; then south to 41[deg]53'09'' N, 087[deg]35'26''
W; then east to 41[deg]53'09'' N, 087[deg]36'09'' W; then north to
41[deg]53'24'' N, 087[deg]36'09'' W; then back to the point of origin.
Regulatory Evaluation
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. It has not been reviewed by the
Office of Management and Budget 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. The Coast Guard's use of this
safety zone will be periodic in nature and will likely not exceed
forty, one-hour events per year. This safety zone will only be enforced
during the time the safety zone is actually in use. Furthermore, this
safety zone has been designed to allow vessels to transit unrestricted
to portions of the harbor not affected by the zone. The Coast Guard
expects insignificant adverse impact to mariners from the activation of
this zone.
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.
We suspect that there may be small entities affected by this rule
but are unable to provide more definitive information as to the number
of small entities that may be affected. The risk, outlined above, is
severe and requires that immediate action be taken. The Coast Guard
will evaluate whether a substantial number of small entities are
[[Page 25218]]
affected as more information becomes available.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will have a
significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain why you think it qualifies, 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 this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
Small businesses may send comments on 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 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 or more in any
one year. Though this proposed 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 proposed 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 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 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
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that this proposed safety zone and fishing
rights protection need not be incompatible. We have also determined
that 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.
Nevertheless, Indian Tribes that have questions concerning the
provisions of this Proposed Rule or options for compliance are
encourage to contact the point of contact listed under FOR FURTHER
INFORMATION CONTACT.
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, 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 this rule should be
categorically excluded, under figure 2-1, paragraph 34(g) from further
environmental documentation. This proposed rule establishes a safety
zone and as such is covered by this paragraph.
A preliminary ``Environmental Analysis Check List'' and a
preliminary ``Categorical Exclusion Determination'' are 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.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
[[Page 25219]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.
2. Add 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 between the east end of the Chicago
Lock guidewall and the Chicago Harbor breakwater beginning at
41[deg]53'24'' N, 087[deg]35'26'' W; then south to 41[deg]53'09'' N,
087[deg]35'26'' W; then east to 41[deg]53'09'' N, 087[deg]36'09'' W;
then north to 41[deg]53'24'' N, 087[deg]36'09'' W; then back to the
point of origin.
(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 this safety zone, permit entry into this zone, give
legally enforceable orders to persons or vessels within this zones 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) The general regulations in 33 CFR 165.23
apply.
(2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or a 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.
(4) All vessels must obtain permission from the Captain of the Port
or a 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 shall
obey all lawful orders or directions of the Captain of the Port or a
designated representative. While within a safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course.
(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. The Captain of the Port will issue a Broadcast
Notice to Mariners notifying the public when enforcement of the safety
zone established by this section is suspended.
(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 a 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 safety or environmental safety.
Dated: March 12, 2007.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E7-8608 Filed 5-3-07; 8:45 am]
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