[Federal Register: February 14, 2003 (Volume 68, Number 31)]
[Proposed Rules]
[Page 7473-7476]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe03-29]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-03-203]
RIN 2115-AA97
Safety Zones; Captain of the Port Chicago Zone
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish fifteen permanent safety
zones for annual fireworks displays throughout the Captain of the Port
Chicago Zone. These safety zones are necessary to control vessel
traffic within the immediate vicinity of fireworks launch sites and to
ensure the safety of life and property during each event. These safety
zones are intended to restrict vessels from the area encompassed by the
safety zone for the duration of each fireworks display.
DATES: Comments and related material must reach the Coast Guard on or
before March 17, 2003.
ADDRESSES: You may mail or hand-deliver comments and related material
to Commanding Officer, U.S. Coast Guard Marine Safety Office (MSO)
Chicago, 215 W. 83rd Street Suite D, Burr Ridge, IL. 60527. MSO Chicago
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as the 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 MSO Chicago
between 8 a.m. and 3 p.m. Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: MST3 Kathryn Varela, MSO Chicago, at
(630) 986-2175.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages you to participate in this rulemaking by
submitting comments and related material. Persons submitting comments
should include their name and address, identify this rulemaking (CGD09-
03-203) and indicate the specific event and section of this proposal to
which each comment applies, and give the reason for each comment.
Please submit two copies of all comments and attachments in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for photocopying
and electronic filing. Persons wanting acknowledgement for receipt of
comments should enclose a stamped, self-addressed envelope or postcard.
The Coast Guard will consider all comments and material received
during the comment period. We may change this proposal in view of them.
Public Meeting
The Coast Guard does not plan to hold a public hearing. Persons may
request a public meeting by writing to Marine Safety Office Chicago at
the address listed 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
Each year, various organizations in Illinois and Michigan sponsor
fireworks displays at the same locations during the same general time
periods. Based on recent accidents that have occurred in other Captain
of the Port zones, and the explosive hazards associated with these
events, the Captain of the Port Chicago has determined that fireworks
launches in close proximity to watercraft pose a risk to public safety
and property. The likely combination of large numbers of inexperienced
recreational boaters, congested waterways, darkness punctuated by
bright flashes of light, alcohol use, and debris falling into the water
could easily result in serious injuries or fatalities. Establishing a
safety zone to control vessel movement will ensure the safety of
persons and property at these events and help minimize the associated
risk.
In the past, and for those reasons stated above, the Captain of the
Port has annually promulgated separate temporary rulemaking for each
fireworks event. This proposed rule would merely consolidates past
temporary rulemakings into one rulemaking, would include other events
for the purpose of uniformity, and would allow for a more thoughtful,
timely rulemaking process. This rulemaking would create a permanent
rule listing the safety zones for each fireworks launch platform used
for each fireworks display. All geographic coordinates are based upon
North American Datum 1983 (NAD 83).
Discussion of Proposed Rule
The Coast Guard is proposing to establish a safety zone around all
annual fireworks events in the Captain of the Port Chicago area. The
proposed size was determined by using the National Fire Protection
Association standards.
The Coast Guard believes these proposed rules will not pose any
additional problems for commercial vessels transiting the area. In the
unlikely event that shipping is affected by these proposed rules,
commercial vessels may request permission from the Captain of the Port
Chicago, or his designated representative, to transit through the
safety zone. No commercial shipping lanes would be impacted as a result
of this rulemaking.
The Coast Guard would announce the exact dates and times for these
events by publishing a Notice of Implementation in the Federal Register
at least ten days prior to the beginning of the event, and by
publishing this information in the Ninth Coast Guard District Local
Notice to Mariners, marine information broadcasts, and, for those who
request it from MSO Chicago, by facsimile (fax).
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 on Regulatory Planning and Review
and therefore 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 this rule under that order. It is non-
significant under Department of Transportation regulatory policies and
procedures (DOT) (44 FR 11040, February 26, 1979). If comments are
received to indicate otherwise, the Captain of the Port may reconsider
this determination. The Coast Guard expects the economic impact of this
proposed rule to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary. This finding is based on the minimal time that vessels
will be restricted from the zone.
Small Entities
In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the Captain of the Port Chicago has determined that this rule
will not have a significant 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 or
operators of vessels intending to transit or anchor in a portion of an
activated
[[Page 7474]]
safety zone. The safety zone would not have a significant economic
impact on a substantial number of small entities for the following
reasons. This proposed rule would be in effect for only a few hours on
the day of the event on an annual basis. Vessel traffic could safely
pass outside the proposed safety zone during the events, traffic would
be allowed to pass through the safety zone only with the permission of
the Captain of the Port Chicago's on-scene representative which will be
the U.S. Coast Guard Patrol Commander. At least ten days before the
effective period, the Coast Guard will publish a Notice of
Implementation in the Federal Register. In addition, the exact times
and dates will be published in the Ninth Coast Guard District Local
Notice to Mariners, broadcasts made via the Broadcast Notice to
Mariners and facsimile sent to operators of vessels who might be in the
affected area who request such. If you think that your business,
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
affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), the Coast Guard wants to
assist small entities in understanding this rule so that they can
better evaluate its effects and participate in the rulemaking process.
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 Marine Safety
Office Chicago (see ADDRESSES.)
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).
Federalism
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule does not have implications for
federalism under that Order.
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 would 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 would 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
The Coast Guard has 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 concern an environmental risk to health or risk to
safety that may disproportionately affect children.
Environment
The Coast Guard has considered the environmental impact of this
proposed rule and concluded that, under figure 2-1, paragraph 32(g) of
Commandant Instruction M16475.1C, this proposed rule is categorically
excluded from further environmental documentation. A written
categorical exclusion determination is available in the docket for
inspection or copying where indicated under ADDRESSES.
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.
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reason 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; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Add Sec. 165.918 to read as follows:
Sec. 165.918 Safety Zones; Annual Fireworks Displays in the Captain
of the Port Chicago Zone
(a) Safety zones. The following areas are designated safety zones:
(1) Evanston Fourth of July Fireworks--Evanston, IL
(i) Location. All waters and adjacent shoreline of Lake Michigan
bounded by the arc of a circle with a 1000-foot radius from the
fireworks launch site with its center in approximate position
42[deg]02'58'' N, 087[deg]40'22'' W (NAD 83).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(2) Independence Day Fireworks--Manistee, MI.
(i) Location. All waters and adjacent shoreline of Lake Michigan
within the arc of a circle with a 1000-foot radius from the fireworks
launch site with its center in approximate position 44[deg]14'51'' N,
086[deg]20'46'' W (NAD 83) (Off First Street Beach).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(3) Independence Day Fireworks--Lake Kalamazoo, Saugatuck, MI.
(i) Location. All waters and adjacent shoreline of Lake Michigan
within the arc of a circle with a 1000-foot radius from the fireworks
launch site with its center in approximate position 42[deg]38'52.5'' N,
086[deg]12'18.5'' W (NAD 83).
[[Page 7475]]
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(4) Independence Day Fireworks--White Lake, Whitehall, MI.
(i) Location. All waters and adjacent shoreline of White Lake,
Whitehall, MI. within the arc of a circle with a 1000-foot radius from
the fireworks launch site with its center in approximate position of
43[deg]24'33.5'' N, 086[deg]21'28.5'' W (NAD 83).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(5) Pentwater July 3rd Fireworks--Lake Michigan, Pentwater, MI.
(i) Location. All waters and adjacent shoreline of Lake Michigan
and the Shipping Channel, Pentwater, MI. within the arc of a circle
with a 1000-foot radius from the fireworks launch site on the North
Breakwall with its center in approximate position of 43[deg]46'56.5''
N, 086[deg]26'38'' W (NAD 83).
(ii) Expected date and time. First Week in July; sunset to
termination of display.
(6) Venetian Night Fireworks--Lake Kalamazoo, Saugatuck, MI.
(i) Location. All waters and adjacent shoreline of Lake Kalamazoo,
Saugatuck, MI. within the arc of a circle with a 1000-foot radius from
the fireworks launch site with its center in approximate position
42[deg]38'52.5'' N, 086[deg]12'18.5'' W (NAD 83).
(ii) Expected date and time. The fourth weekend in July; or the
first weekend in August; sunset to termination of display.
(7) Venetian Night Fireworks--Lake Michigan, Hammond, IN.
(i) Location. All waters and adjacent shoreline of Lake Michigan,
Hammond, IN. within the arc of a circle with a 840-foot radius from the
fireworks launch site with its center in approximate position of
41[deg]41'54'' N, 087[deg]30'46'' W (NAD 83).
(ii) Expected date and time. The first weekend in August; sunset to
termination of display.
(8) Venetian Night Fireworks--Monroe Street Harbor--Chicago, IL.
(i) Location. All waters and adjacent shoreline of Lake Michigan,
Chicago, IL. within the arc of a circle with a 1000-foot radius from
the fireworks launch site at Monroe Street Harbor with its center in
approximate position of 41[deg]52'41'' N, 087[deg]36'37'' W (NAD 83).
(ii) Expected date and time. The fourth weekend in July; or the
first weekend in August; sunset to termination of display.
(9) Wings Over the Lake Air Show--Michigan City, IN.
(i) Location. All waters and adjacent shoreline of Lake Michigan,
off Washington Park, Michigan City, IN. encompassed by a line drawn
between the following coordinates starting at 41[deg]43'39'' N,
086[deg]54'32'' W; northwest to 41[deg]44'06'' N, 086[deg]54'44'' W;
northeast to 41[deg]44'21'' N, 086[deg]53'52'' W; southeast to
41[deg]43'55'' N, 086[deg]53'40'' W; then southwest back to the point
of origin (NAD 83). The box starts approximately 250-feet from the East
Pierhead and 250-feet from Washington Park Beach.
(ii) Expected date and time. The first week in July.
(10) YMCA Lake Michigan Swim--Ferrysburg, MI.
(i) Location. All waters and adjacent shoreline of Lake Michigan,
off the Ferrysburg North Pier within 100-feet of a straight line from
43[deg]03.45' N, 086[deg]13.4' W; to 43[deg]05' N, 086[deg]15.24' W
(NAD 83).
(ii) Expected date and time. The third week in July; from 8 a.m.
(local) until the end of the event.
(11) Team Aquatics Ski Show--Grand River, Grand Haven, MI.
(i) Location. All waters and adjacent shoreline of the Grand River,
Grand Haven, MI. from 43[deg]04'08'' N, 086[deg]14'13'' W; thence east
to 43[deg]04'06'' N, 086[deg]14'07'' W; thence southwest to
43[deg]03'53'' N, 086[deg]14'14'' W; and east to 43[deg]03'51.5'' N,
086[deg]14'07.5'' W (NAD 83).
(ii) Expected date and time. The fourth week in July; from 6 p.m.
(local) until 8:30 p.m. (local).
(12) Chicago Flatwater Classic--Chicago River, Chicago, IL.
(i) Location. All waters and adjacent shoreline of the Chicago
River from a line drawn across the river at mile marker 323 to a line
drawn across the river at mile marker 331.
(ii) Expected date and time. The second weekend in August; from 9
a.m. (local) until 3:30 p.m. (local).
(13) Navy Pier Summer Fireworks--Lake Michigan, Chicago, IL.
(i) Locations.
(A) Primary launch site. All waters and adjacent shoreline of Lake
Michigan bounded by the arc of a circle with a 1400-foot radius from
the fireworks launch platform with its center in approximate position
41[deg]53'18'' N, 087[deg]36'08'' W (NAD 83).
(B) Alternate launch site. In the case of inclement weather, the
alternate launch site is all waters and adjacent shoreline of Lake
Michigan bounded by the arc of a circle with a 1400-foot radius with
its center in approximate position 41[deg]53'24'' N, 087[deg]35'44'' W
(NAD 83).
(ii) Expected dates and times. Every Wednesday and Saturday evening
from 9 p.m. (local) until termination of display from June 1 thru
September 1.
(14) Navy Pier 4th of July Fireworks--Lake Michigan, Chicago, IL.
(i) Locations.
(A) Primary launch site. All waters and adjacent shoreline of Lake
Michigan bounded by the arc of a circle with a 1400-foot radius from
the fireworks launch platform with its center in approximate position
41[deg]53'18'' N, 087[deg]36'08'' W (NAD 83).
(B) Alternate launch site. In the case of inclement weather, the
alternate launch site is all waters and adjacent shoreline of Lake
Michigan bounded by the arc of a circle with a 1400-foot radius with
its center in approximate position 41[deg]53'24'' N, 087[deg]35'44'' W
(NAD 83).
(ii) Expected date and time. The first week of July; sunset to
termination of display.
(15) St. Joseph's River Marathon Swim--St. Joseph, MI.
(i) Location. All the waters of Lake Michigan (off of St. Joseph,
MI.), and the St. Joseph River, within 100-feet of the race course.
(ii) Expected date and time. The 3rd week in July; from 11 a.m.
(local) until the end of the event.
(b) Regulations.
(1) The general regulations contained in 33 CFR 165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means,
the operator shall proceed as directed. U.S. Coast Guard Auxiliary,
representatives of the event organizer, and local or state officials
may be present to inform vessel operators of this regulation and other
applicable laws.
(3) In cases where shipping is affected, commercial vessels may
request permission from the Captain of the Port Chicago to transit the
safety zone. Approval in such cases will be case-by-case. Requests must
be made in advance and approved by the Captain of the Port before
transits will be authorized. The Captain of the Port may be contacted
via Channel 16, VHF-FM.
(c) Captain of the Port Chicago will announce the exact time and
location of the annual events listed in this section by publication of
a Notice of Implementation in the Federal Register at least ten days
prior to the beginning of the event, Broadcast Local Notice to
Mariners, or any other means deemed appropriate.
[[Page 7476]]
Dated: January 30, 2003.
L.M. Henderson,
Commander, U.S. Coast Guard, Acting Captain of the Port, Chicago.
[FR Doc. 03-3739 Filed 2-13-03; 8:45 am]
BILLING CODE 4910-15-P