[Federal Register Volume 59, Number 169 (Thursday, September 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21652]
[[Page Unknown]]
[Federal Register: September 1, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-94-005]
RIN 2115-AA97
Safety and Security Zone; Lake Michigan--Chicago Harbor--Burnham
Park Harbor
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard has established 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 is prohibited unless
authorized by the Captain of the Port Chicago.
EFFECTIVE DATE: This rule is effective on July 26, 1994.
FOR FURTHER INFORMATION CONTACT:
Lieutenant (junior grade) D.R. McRitchie, Project Manager, Case
Management & Port Safety Section, Ninth Coast Guard District, (216)
522-3994.
SUPPLEMENTARY INFORMATION:
Regulatory History
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
has not been published for this regulation and good cause exists for
making it effective in less than 30 days from date of publication.
Following normal rulemaking procedures would have been impracticable.
Specifically, the goal is to 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. As a result, the Coast Guard deems it to be in the
public's best interest to issue a regulation immediately.
Background and Purpose
On Friday, May 27, 1994, the Coast Guard published a notice of
proposed rulemaking in the Federal Register for these regulations (33
CFR part 165). No public hearing was held. Interested persons were
requested to submit comments and a total of zero comments were
received. The purpose of this regulation is to support the U.S. Secret
Service in performing statutory protective duties. The goal is to
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 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. 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 of 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 rule 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
This regulation is considered to be nonsignificant under Executive
Order 12866 on Regulatory Planning and Review and 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 requirements, Security measures, Waterways.
Regulations
In consideration of the foregoing, subpart F of part 165 of title
33, Code of Federal Regulations, is amended as follows:
PART 165--[AMENDED]
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; 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 Harbor--
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.36'33''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
section 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 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 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: July 26, 1994.
Clay A. Fust,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 94-21652 Filed 8-31-94; 8:45 am]
BILLING CODE 4910-14-M
