Safety Zone, Fireworks Display, Lake Michigan; Winnetka, IL, 27521-27524 [2014-10973]
[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10973]
DEPARTMENT OF HOMELAND SECURITY
33 CFR Part 165
[Docket No. USCG-2014-0259]
Safety Zone, Fireworks Display, Lake Michigan; Winnetka, IL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to establish a safety zone in Lake
Michigan, Winnetka, Illinois. This proposed safety zone is necessary to
protect the surrounding public and vessels from the hazards associated
with a fireworks display. This safety zone is intended to restrict
vessels from a portion of Lake Michigan due to hazards associated with
a fireworks display.
DATES: Comments and related material must be received by the Coast
Guard on or before June 13, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2014-0259 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) 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.
(4) Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Joseph McCollum, U.S. Coast Guard Sector
Lake Michigan; telephone 414-747-7148, email
Joseph.P.McCollum@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 1-800-647-5527.
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. 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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2014-0259), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online, it will be considered received by the Coast Guard when
you successfully transmit the comment. If you fax, hand deliver, or
mail your comment, it will be considered as having been received by the
Coast Guard when it is received at the Docket Management Facility. We
that you include your name and a mailing address, an email address, or
a telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2014-0259) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this notice of proposed rulemaking.
If you submit your comments by mail or hand 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 comments 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 and may change the rule
based on your comments.
2. 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,
type the docket number USCG-2014-0259 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. We have an agreement with the Department of Transportation to
use the Docket Management Facility.
3. Privacy Act
Anyone can search the electronic form of 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).
4. Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting 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
B. Regulatory History and Information
On July 26, 2013 the Coast Guard published a Temporary Final Rule
entitled Safety Zones; Sherman Private Party Fireworks, Lake Michigan,
Winnetka, IL and made it available for public comment (78 FR 45059). No
public meeting was requested, and none was held.
C. Basis and Purpose
The legal basis for this proposed rule is the Coast Guard's
authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1,
160.5; Department of Homeland Security Delegation No. 0170.1.
On August 16, 2014 a private party fireworks display is expected to
take place on Lake Michigan, Winnetka, IL, from a barge located at
approximate position 42[deg]06'24.19'' N, 087[deg]43'7.92'' W (NAD 83).
The Captain of the Port, Lake Michigan, has determined that an aerial
firework display presents a significant risk to public safety and
property. Such hazards include falling and flaming debris.
D. Discussion of Proposed Rule
The Captain of the Port, Lake Michigan, has determined that a
safety zone is necessary to mitigate the aforementioned safety risks.
Thus, this proposed rulemaking would establish a safety zone on the
waters of Lake Michigan, near Winnetka, IL, within an 840 foot radius
from a barge located at approximate position 42[deg]06'24.19'' N,
087[deg]43'7.92'' W (NAD 83).
This proposed safety zone would be effective and enforced from 9:15
p.m. until 10 p.m. on August 16, 2014.
The Captain of the Port Lake Michigan will notify the public that
the zone in this proposal is or will be enforced by all appropriate
means to the affected segments of the public. Such means of
notification may also include, but are not limited to Broadcast Notice
to Mariners or Local Notice to Mariners.
All persons and vessels must comply with the instructions of the
Captain of the Port Lake Michigan, or his or her designated on-scene
representative. Entry into, transiting, or anchoring within the safety
zone 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.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and executive orders.
1. 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We conclude that this proposed 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. Overall, we expect
the economic impact of this proposed rule to be minimal and that a full
Regulatory Evaluation is unnecessary.
2. Impact on 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
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 will affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit or anchor within the waters
of Lake Michigan near Winnetka, IL, on August 16, 2014.
This proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: This proposed rule will be enforced for a short duration of 45
minutes. The location of this safety zone allows traffic to pass safely
around the zone and vessels will be allowed to pass through the zone
with the permission of the Captain of the Port. If you think that your
organization, or governmental jurisdiction qualifies as a small entity
and that this 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
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Petty Officer Joseph McCollum,
Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI
at (414) 747-7148. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
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
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 proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
9. 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.
10. 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 would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed 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.
12. 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.
13. 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
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
We have analyzed this proposed 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 made a determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. An environmental analysis checklist
supporting this determination is available in the docket where
indicated under ADDRESSES. This proposed rule involves the
establishment of a safety zone and is therefore categorically excluded
under figure 2-1, paragraph 34(g) of the Instruction. 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:
Authority: 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; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T09-0259 to read as follows:
Sec. 165.T09-0259 Safety Zone, Fireworks Display, Lake Michigan;
(a) Location. All waters of Lake Michigan, near Winnetka, IL,
within an 840 foot radius from a barge located at approximate position
42[deg]06'24.19'' N, 087[deg]43'7.92'' W (NAD 83).
(b) Effective period. This section will be effective from 9:15 p.m.
until 10 p.m. on August 16, 2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring in this safety zone
is prohibited unless authorized by the Captain of the Port, Lake
Michigan, or his or her designated on-scene representative.
(2) The safety zone described in paragraph (a) of this section is
closed to all vessel traffic except as permitted by the Captain of the
Port Lake Michigan or his or her designated on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port Lake
Michigan is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Lake Michigan to act or
his or her behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Lake Michigan or his or her
designated on-scene representative to obtain permission to do so. The
Captain of the Port Lake Michigan or his or her designated on-scene
representative may be contacted via VHF Channel 16.
Dated: April 30, 2014.
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-10973 Filed 5-13-14; 8:45 am]
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