Safety and Security Zone; Lake MichiganChicago HarborBurnham Park Harbor

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.

-----------------------------------------------------------------------

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