[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13090]
[[Page Unknown]]
[Federal Register: May 27, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-95-005]
Safety and Security Zone; Lake Michigan--Chicago Harbor--Burnham
Park Harbor
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent safety and
security zone on Lake Michigan, over all waters and shoreline areas
within 1000 yards of the shoreline surrounding Merrill C. Meigs
Airfield. This zone is needed to safeguard all vessels and waterfront
facilities in these areas against destruction, loss, or injury from
sabotage or other subversive acts, accidents, or other causes of a
similar nature. This safety and security zone will be in effect at
various times; these times will be published in the Coast Guard Local
Notice to Mariners or broadcasted via Marine Radio VHF-FM Channels 16 &
22. When in effect, entry into this zone in prohibited unless
authorized by the Captain of the Port Chicago.
DATES: Comments must be received on or before July 26, 1994.
ADDRESSES: Comments and supporting materials should be mailed or
delivered to the Case Management & Port Safety Section, Ninth Coast
Guard District, room 2069, 1240 East Ninth Street, Cleveland, Ohio,
44199-2060, (216) 522-3994. Please reference the name of the proposal
and the docket number in the heading above. If you wish receipt of your
mailed comment to be acknowledged, please include a stamped self-
addressed envelope or postcard for that purpose. Comments and materials
received will be available for public inspection at the above location
from 9 a.m. to 3 p.m. Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Lieutenant (junior grade) Benjamin L.
Smith, Project Manager, Case Management & Port Safety Section, Ninth
Coast Guard District, (216) 522-3994.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting comments which may consist of data,
views, arguments, or proposals for amendments to the proposed
regulation. The Coast Guard does not currently plan to have a public
hearing, but consideration will be given to holding such a hearing if
it is requested. Such a request should indicate how a public hearing
would contribute substantial information or views which cannot be
received in written form. If it appears that a public hearing would
substantially contribute to revisions or further refinements of this
rulemaking, the Coast Guard will announce such a hearing by a later
notice in the Federal Register.
Background and Purpose
The purpose of this regulation is to support the U.S. Secret
service in performing statutory protective duties. The goal is ensure
the safety and security of the President and other officials that may
periodically arrive at Merrill C. Meigs Airfield on short notice; and
to protect all members of the public in the area. This safety and
security zone will be in affect at various times; these times will be
published in the Coast Guard Local Notice to Mariners or broadcasted
via Marine Radio VHF-FM Channels 16 & 22. This regulation is issued
pursuant to 33 U.S.C. 1231 and 50 U.S.C 191 as a set out in the
authority citation for all 33 CFR part 165.
Drafting Information
The principal persons involved in drafting this document are
Lieutenant (junior grade) Benjamin L. Smith, Project Manager, and
Commander Robert G. Blythe, Project Counsel.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under section 2.B.2.c of Coast Guard
Commandant Instruction M16475.1B, it is categorically excluded from
further environmental documentation.
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rulemaking does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
This regulation does not impose any new regulatory requirements in an
area not heretofore regulated by the Federal Government, and does not
impose any requirements or restrictions on State or local authorities.
Regulatory Evaluation
Proposal is not considered a significant regulatory action under
Executive Order 12866 on Regulatory Planning and Review and is not
significant under Department of Transportation regulatory policies and
procedures (44 FR 11034 of February 26, 1979).
Small Entities
The impact of this regulation is expected to be so minimal that a
full regulatory evaluation is unnecessary. The Coast Guard therefore
certifies that, if adopted, it will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.
Collection of Information
This regulation will impose no collection of information
requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), (Reporting and
recordkeeping requirement, Security measures, Waterways.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend subpart F of part 165 of title 33, Code of Federal Regulations,
as follows:
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), 604-
1, 6.04-6, and 160.5; and 49 CFR 1.46.
2. A new Sec. 165.904 is added to read as follows:
Sec. 165.904 Lake Michigan at Chicago Harbor & Burnham Park Habor--
Safety and Security Zone.
(a) Location. All waters, waterfront facilities, and shoreline
areas within 1000 yards of the shoreline surrounding Merrill C. Meigs
Airfield constitute a safety and security zone. This includes all
waters including Burnham Park Harbor and the southern part of Chicago
Harbor, Lake Michigan, bounded by the following coordinates;
(1) Northwest point: 41 deg.52'33'' N, 87 deg.36'58'' W
(2) Northeast point: 41 deg.52'33'' N, 87 deg.35'41'' W
(3) Southeast point: 41 deg.50'42'' N, 87 deg.35'41'' W
(4) Southwest point: 41 deg.50'42'' N, 87 deg.36'32'' W
(5) from the southwest point, north along the Lake Michigan
shoreline, including Burnham Park Harbor, to the northwest point.
(b) Effective times and dates. This safety and security zone will
be in effect at various times to be published in the Coast Guard Local
Notice to Mariners or broadcasted via Marine Radio VHF-FM Channels 16 &
22. These times will include the actual effective time and date and the
termination time and date.
(c) Restrictions. (1) In accordance with the general regulations in
Secs. 165.23 and 165.33 of this part, entry into this zone is
prohibited, unless authorized by the U.S. Coast Guard Captain of the
Port, Chicago, or the U.S. Secret Service. Other general requirements
in Secs. 165.23 and 165.33 also apply. Further, no person may enter or
remain in the shoreline areas of the established safety and security
zone, unless cleared by a U.S. Coast Guard or U.S. Secret Service
official.
(2) Vessels in Burnham Park Harbor at the commencement of the
safety and security zone must be moored and remain moored while the
safety and security zone is established, unless authorized to get
underway by a U.S. Coast Guard or U.S. Secret Service official.
(3) No person may engage in swimming, snorkeling, or diving within
the established safety and security zone, except with the permission of
the Captain of the Port or U.S. Secret Service.
Dated: April 26, 1994.
Clay A. Fust,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 94-13090 Filed 5-26-94; 8:45 am]
BILLING CODE 4910-14-M
