[Federal Register Volume 74, Number 225 (Tuesday, November 24, 2009)]
[Rules and Regulations]
[Pages 61278-61283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28183]
[[Page 61278]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-1004]
RIN 1625-AA11
Safety and Security Zone, Chicago Sanitary and Ship Canal,
Romeoville, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety and security
zones on the Chicago Sanitary and Ship Canal (CSSC) near Romeoville,
IL. This temporary final rule is intended to restrict all vessels from
transiting the navigable waters of the CSSC. The safety and security
zones are necessary to protect the waters, waterway users and vessels
from hazards associated with the U.S. Army Corps of Engineers (USACE)
electrical dispersal barrier and for the preparation and safe
application of a fish toxicant during a period of time when the barrier
will be disabled to conduct maintenance.
DATES: This temporary final rule is effective from 5 p.m. on November
24, 2009, until 5 p.m. on December 18, 2009. This temporary final rule
is enforceable with actual notice by Coast Guard personnel beginning
November 16, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-1004 and are available online
by going to http://www.regulations.gov, inserting USCG-2009-1004 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call CDR Tim Cummins, Deputy Prevention Division,
Ninth Coast Guard District, telephone 216-902-6045. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for, good cause, finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) because the USACE made the decision, without time for a proper
notice period, to permanently increase the voltage of the fish barrier
to two-volts per inch in response to data which indicates that Asian
carp are closer to the Great Lakes waterway system than originally
thought. The electric current in the water created by the electrical
dispersal barriers coupled with the uncertainty of the effects of the
increased voltage poses a safety risk to commercial vessels and
recreational boaters who transit the area. As such, a safety and
security zone is being enacted to ensure the safety of vessels
operating in the vicinity of the electrical dispersal barrier.
In addition, the emergent planning and execution of maintenance to
Barrier IIA by the USACE and the preventative application of the fish
toxicant (rotenone), under the direction of the Illinois Department of
Natural Resources (IDNR) and the Federal coordination of the U.S.
Environmental Protection Agency (EPA) resulted in good cause for not
publishing an NPRM as there was insufficient time for proper notice.
During IDNR's deployment of rotenone, the Coast Guard will enact a
safety and security zone to provide for the safety and security of the
waters, the waterway facilities and the vessels operating between the
Lockport Lock and Dam and the electrical dispersal barrier.
The application of rotenone to the CSSC will ensure Asian carp do
not transit across the fish barrier when Barrier IIA is taken off line
and Barrier I, which only operates at one volt per inch, is the sole
prophylactic from preventing the Asian carp from entering the Great
Lakes. The effective application of rotenone is essential in preventing
the Asian carp from surviving the application. IDNR reports indicate
that vessels moored along the Canal wall could create pockets or eddies
where the fish toxicant is not able to reach all of the Asian Carp
necessitating the Captain of the Port (COTP) Sector Lake Michigan to
order their immediate removal from the safety and security zone.
Exceptions may possibly be granted upon the review of COTP Sector Lake
Michigan.
Rotenone has potential for adverse effects on humans. As such,
delaying this rule would be contrary to the public interest of ensuring
the safety and security of waterway users and vessels during the
preparations, application and clean-up from the use of rotenone.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because of the safety and security
risk to the waters, commercial vessels and recreational boaters who
transit the area. The following discussion and the Background and
Purpose section below provide additional support of the Coast Guard's
determination that good cause exists for not publishing a NPRM and for
making this rule effective less than 30 days after publication.
In 2002, the USACE energized a demonstration electrical dispersal
barrier located in the Chicago Sanitary and Ship Canal. The
demonstration barrier, commonly referred to as ``Barrier I,'' generates
a low-voltage electric field (one-volt per inch) across the canal,
which connects the Illinois River to Lake Michigan. Barrier I was built
to block the passage of aquatic nuisance species, such as Asian carp,
and prevent them from moving between the Mississippi River basin and
Great Lakes via the canal.
In 2006, the USACE completed construction of a new barrier,
``Barrier IIA.'' Because of its design, Barrier IIA can generate a more
powerful electric field (up to four-volts per inch), over a larger area
within the Chicago Sanitary and Ship Canal, than Barrier I. Testing was
conducted by the USACE which indicated that two-volts per inch is the
optimal voltage to deter aquatic nuisance species. The USACE's original
plan was to perform testing on the effects of the increased voltage on
vessels passing through the fish barrier prior to permanently
increasing the voltage. However, after receiving data that the Asian
carp were closer to the Great Lakes than expected, the decision was
made to immediately energize the barrier to two-volts per inch without
prior testing.
A comprehensive, independent analysis of Barrier IIA, conducted in
2008 by the USACE at the one-volt per inch level, found a serious risk
of injury or death to persons immersed in the water located adjacent to
and over the barrier. Additionally, sparking between barges transiting
the barrier (a risk to flammable cargoes) occurred at the one-volt per
inch level. The Coast Guard and
[[Page 61279]]
USACE developed regulations and safety guidelines, with stakeholder
input, which addressed the risks and hazards associated with operating
the barriers at the one-volt per inch level. These regulations were
published in 33 CFR 165.923, 70 FR 76692 (Dec 28, 2005) and in a series
of temporary final rules: 71 FR 4488 (Jan 27, 2006); 71 FR 19648 (Apr
17, 2006); 73 FR 33337 (Jun 12, 2008); 73 FR 37810 (Jul 2, 2008); 73 FR
45875 (Aug 7, 2008); and 73 FR 63633 (Oct 27, 2008). A temporary
interim rule was issued on February 9, 2009 (74 FR 6352). Finally, an
NPRM was issued on May 26, 2009 (74 FR 24722).
In October of 2009, the USACE notified the Coast Guard that barrier
IIA needed to be shut-down for required maintenance. As a result, the
IDNR, in the coordination of the EPA, will apply rotenone to the CSSC
to ensure Asian Carp do not transit through the CSSC while Barrier IIA
is disabled. The Coast Guard's understanding is that the application of
the rotenone will take approximately fifteen (15) hours followed by
neutralizing and clean-up. The application, neutralizing and clean-up
is expected to take a minimum of five days and a maximum of ten (10)
days. For any questions related to the application of rotenone, please
contact Mr. Bill Bolen, U.S. Environmental Protection Agency, Senior
Advisor, Great Lakes National Program Office, 77 W. Jackson Blvd.,
Chicago, IL 60604, at (312) 353-6316.
Until Barrier IIA is shut-down, the risks to persons and vessels
are on-going and immediate action is needed to prevent injury to the
people, vessels and waters. When the electrical power to Barrier IIA is
secured for maintenance and rotenone is applied to the CSSC, the risk
to persons and vessels continues to exist although now from an
alternative source. The timing of the decision to use rotenone during
the maintenance did not provide an opportunity for full notice and
comment period. Until on-scene preparations begin on December 2, 2009,
for the application of rotenone, the Captain of the Port Sector Lake
Michigan will make every effort to permit vessels to pass over the fish
barrier while it is operating at the two volt per inch level. Once
preparations begin on December 2, 2009, until clean-up is complete
which at the earliest will be December 7 but may last until December
14, no vessels, except those being used for the rotenone application
and clean-up, will be permitted to enter or remain in the safety and
security zones. As areas become neutralized and the necessary clean up
action has been completed, the Captain of the Port Sector Lake Michigan
will re-open certain portions of the waterways in an effort to minimize
commerce disruption.
Prior to December 2, 2009, vessels that comply with the regulations
as set forth in this temporary rule may transit through the safety and
security zones. After December 2, 2009, all vessels desiring to enter
the safety and security zones must receive permission from the Captain
of the Port Sector Lake Michigan to do so and must follow all orders
from the Captain of the Port Sector Lake Michigan or her designated on-
scene representative while in the zone. As soon as the rotenone clean-
up efforts are complete, the security and safety zone from the Lockport
Lock and Dam to the electric dispersal barrier will be removed. Upon
completion of the rotenone clean-up efforts, the safety and security
zone encompassing the electric dispersal barrier will remain in place;
however, the Captain of the Port Sector Lake Michigan will permit
vessels complying with the regulations set forth in this rule to
transit through the zone.
The Captain of the Port Sector Lake Michigan maintains a live radio
watch on VHF-FM Channel 16 and a telephone line that is manned 24 hours
a day, seven days a week. The public can obtain information concerning
enforcement of the safety zone by contacting the Captain of the Port
Sector Lake Michigan via the Coast Guard Sector Lake Michigan Command
Center at 414-747-7182.
Background and Purpose
The Non-indigenous Aquatic Nuisance Prevention and Control Act of
1990, as amended by the National Invasive Species Act of 1996,
authorized the USACE to conduct a demonstration project to identify an
environmentally sound method for preventing and reducing the dispersal
of non-indigenous aquatic nuisance species through the Chicago Sanitary
and Ship Canal. The USACE selected an electric barrier because it is a
non-lethal deterrent with a proven history, which does not overtly
interfere with navigation in the canal.
A demonstration dispersal barrier (Barrier I) was constructed and
has been in operation since April 2002. It is located approximately 30
miles from Lake Michigan and creates an electric field in the water by
pulsing low voltage DC current through steel cables secured to the
bottom of the canal. A second barrier, Barrier IIA, was constructed 800
to 1300 feet downstream of the Barrier I. The potential field strength
for Barrier IIA will be up to four times that of the Barrier I. Barrier
IIA was successfully operated for the first time for approximately
seven weeks in September and October 2008, while Barrier I was taken
down for maintenance. Construction on a third barrier (Barrier IIB) is
in the initial stages; Barrier IIB will augment the capabilities of
Barriers I and IIA.
In the spring of 2004, a commercial towboat operator reported an
electrical arc between a wire rope and timberhead while making up a tow
in the vicinity of the Barrier I. During subsequent USACE safety
testing in January 2005, sparking was observed at points where metal-
to-metal contact occurred between two barges in the barrier field.
The electric current in the water also poses a safety risk to
commercial and recreational boaters transiting the area. The Navy
Experimental Diving Unit (NEDU) was tasked with researching how the
electric current from the barriers would affect a human body if
immersed in the water. The NEDU concluded that the possible effects to
a human body if immersed in the water include paralysis of body
muscles, inability to breathe, and ventricular fibrillation.
Based on the safety hazards associated with electric current
flowing through navigable waterways and the uncertainty of the effects
of higher voltage on people and vessels that pass over and adjacent to
the barriers, the Coast Guard implemented a safety zone restricting use
of the waterway until proper testing and analysis of such testing can
be completed by the USACE. As the testing results were, and continue to
be analyzed, the Coast Guard has permitted, on a case by case basis,
vessel transits so long as the vessels met certain operational
restrictions.
As soon as safety testing and analysis are completed, the Coast
Guard plans on publishing a new temporary interim rule (TIR) with
requests for comments. Although the Coast Guard anticipates being able
to continue to permit some vessels to transit through the fish barrier
after testing is complete, it is currently anticipated that any
subsequent TIR will continue to place restrictions on vessels including
prohibiting some vessels from transiting through the fish barrier
entirely. The Coast Guard will then likely follow with a supplemental
notice of proposed rulemaking (SNPRM) in order to provide a complete
notice and comment period for interested parties.
Until on-scene preparations begin on December 2, 2009, for the
application of rotenone, the Captain of the Port Sector Lake Michigan
will make every effort to permit vessels to pass over the fish barrier
while it is operating at the two volt per inch level. Once preparations
[[Page 61280]]
begin on December 2, 2009, until clean-up is complete which at the
earliest will be December 7 but may last until December 14, no vessels
except those being used for the rotenone application and clean-up will
be permitted to enter or remain in the safety and security zone. The
Captain of the Port Sector Lake Michigan will cause notice of the Coast
Guard again permitting vessels on a case by case basis, or those
complying with this regulation set forth in this rule, to transit the
safety zone to be made by all appropriate means to affect the widest
publicity among the affected segments of the public.
Discussion of Rule
This temporary final rule removes 33 CFR 165.T09-0942. This rule
suspends 33 CFR 65.923 until 5 p.m. on December 18, 2009. This rule
places a safety and security zone on all waters of the Chicago Sanitary
Ship Canal from mile-marker 291 (Lockport Lock and Dam) to mile-marker
296. The rule also placed a safety and security zone from mile-marker
296 to mile-marker 297.7 which is located adjacent to and over the
electrical dispersal barriers on the Chicago Sanitary and Ship Canal.
The electrical dispersal barrier safety and security zone will be
in effect at all times the USACE operates the electrical dispersal
barrier. The Coast Guard has deemed this safety and security zone
necessary from November 16, 2009, until December 18, 2009, because
safety testing and analysis is still being conducted on vessels to
determine whether and under what conditions vessels can safely pass
adjacent to and over the electrical dispersal barriers. In addition,
the safety and security zone is necessary to protect the waters,
commercial vessels and recreational boaters who transit the area during
the preparation, application and clean-up of the rotenone application.
Until 8 a.m. on December 2, 2009, vessels that comply with the
following restrictions are permitted to transit the electrical
dispersal barrier safety and security zone:
(1) Vessels must be greater than twenty feet in length;
(2) Vessel must not be a personal watercraft of any kind (i.e., jet
skis, wave runners, kayak, etc.);
(3) All up-bound and down-bound tows that consist of barges
carrying flammable liquid cargos (grade A through C, flashpoint below
140 degrees Fahrenheit, or heated to within 15 degrees Fahrenheit of
flash point) must engage the services of a bow boat at all times until
the entire tow is clear of the safety and security zone;
(4) Vessels engaged in commercial service, as defined in 46 U.S.C
2101(5), may not pass (meet or overtake) in the safety zone and must
make a SECURITE call when approaching the safety and security zone to
announce intentions and work out passing arrangements on either side;
(5) Commercial tows transiting the safety and security zone must be
made up with wire rope to ensure electrical connectivity between all
segments of the tow;
(6) All vessels are prohibited from loitering in the safety and
security zone;
(7) Vessels may enter the safety zone for the sole purpose of
transiting to the other side and must maintain headway throughout the
transit. All vessels and persons are prohibited from dredging, laying
cable, dragging, fishing, conducting salvage operations, or any other
activity, which could disturb the bottom of the safety zone;
(8) All personnel in the safety zone on open decks must wear a
Coast Guard approved Type I personal flotation device;
(9) Vessels may not moor or lay up on the right or left descending
banks of the safety zone; and,
(10) Towboats may not make or break tows if any portion of the
towboat or tow is located in the safety zone.
With respect to the safety and security zone from the Lockport Lock
and Dam to the electrical dispersal barrier (from mile-marker 291 to
296), until December 2, 2009, all up-bound and down-bound vessels
engaged in commercial service, as defined in 46 U.S.C. 2101(5), are
permitted to transit through safety and security zone. Vessels may not
moor or lay up in the safety and security zone unless preparing to, or
engaging in, loading or unloading operations. Any vessel not actively
preparing to, or currently engaged in, loading and unloading operations
must ask for permission for the Captain of the Port to remain in the
safety and security zone.
On December 2, 2009, preparations will begin for the application of
rotenone at which time the Captain of the Port Sector Lake Michigan
will prohibit all vessels from transiting either safety and security
zone. As soon as the rotenone clean-up efforts are complete, the
security and safety zone from the Lockport Lock and Dam to the electric
dispersal barrier will be removed. Upon completion of the rotenone
clean-up efforts, the safety and security zone encompassing the
electric dispersal barrier will remain in place; however, the Captain
of the Port Sector Lake Michigan will permit vessels complying with the
regulations set forth in this rule to transit through the zone.
The Captain of the Port Sector Lake Michigan will cause notice of
the Coast Guard again permitting vessels to transit the electrical
dispersal barrier safety zone by all appropriate means to affect the
widest publicity among the affected segments of the public. Such means
of notification will include, but is not limited to, Broadcast Notice
to Mariners and Local Notice to Mariners. In addition, Captain of the
Port Sector Lake Michigan maintains a telephone line that is manned 24
hours a day, seven days a week. The public can obtain information
concerning enforcement of the safety and security zones by contacting
the Captain of the Port Sector Lake Michigan via the Coast Guard Sector
Lake Michigan Command Center at 414-747-7182.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on thirteen (13) of these statutes or executive orders.
Regulatory Planning and Review
This 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.
We expect the economic impact of this rule to be minimal. This
determination is based the following: (1) Initial test results at the
current operating parameters of two volts per inch indicate that the
majority of commercial and recreational vessels that regularly transit
the Chicago Sanitary and Ship Canal will be permitted to enter the
safety zone under certain conditions; and, (2) every effort will be
made to reduce the closure time of the canal following the shutdown of
Barrier IIA for maintenance and rotenone application.
Because these safety and security zones must be implemented
immediately without a full notice and comment period, the full economic
impact of this rule is difficult to determine at this time. The Coast
Guard urges interested parties to submit comments that specifically
address the economic impacts of permanent or temporary closures of the
Chicago Sanitary and Ship Canal. Comments can be made online by going
to http://www.regulations.gov, inserting USCG-2009-0942 in the
``Keyword'' box, and then clicking ``Search.''
[[Page 61281]]
Small Entities
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) requires
agencies to consider whether regulatory actions 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 50,000. An RFA analysis is not required when a
rule is exempt from notice and comment rulemaking under 5 U.S.C.
553(b). The Coast Guard determined that this rule is exempt from notice
and comment rulemaking pursuant to 5 U.S.C. 553(b)(B). Therefore, an
RFA analysis is not required for this rule. The Coast Guard,
nonetheless, expects that this temporary final rule will not have a
significant economic impact on a substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
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 rule under
that Order and have determined that it does not have implications for
federalism.
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 rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate Tribal
concerns. We have determined that these regulations and fishing rights
protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes
that have questions concerning the provisions of this rule or options
for compliance are encouraged to contact the point of contact listed
under FOR FURTHER INFORMATION CONTACT.
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. 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.
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
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 concluded
that this action is one of the category of actions which do not
individually or cumulatively have significant effect on the human
environment. Therefore, this rule is categorically excluded, under
section 2.B.2 Figure 2-1, paragraph (34)(g), of the Instruction and
neither an environmental assessment nor an environmental impact
statement is required. This rule involves the establishing,
disestablishing, or changing of a security or safety zone. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated
[[Page 61282]]
under ADDRESSES. The Coast Guard's environmental responsibilities
extend only to the creation of a safety and security zone and do not
address the application of rotenone. Any questions regarding the
rotenone operation should be addressed to Mr. Bill Bolen, U.S.
Environmental Protection Agency, Senior Advisor, Great Lakes National
Program Office, 77 W. Jackson Blvd., Chicago, IL 60604, at (312) 353-
6316.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 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;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
Sec. 165.T09-0942 [Removed]
0
2. Remove Sec. 165.T09-0942.
Sec. 165.923 [Suspended]
0
3. Section 165.923 is suspended until December 18, 2009.
0
4. A new temporary section 165.T09-1004 is added as follows:
Sec. 165.T09-1004 Safety and Security Zone, Chicago Sanitary and Ship
Canal, Romeoville, IL.
(a) Lockport Lock to Electrical Dispersal Barrier Safety and
Security Zone. (1) The following area is a temporary safety and
security zone: All waters of the Chicago Sanitary and Ship Canal
located between mile marker 291.0 (Lockport Lock and Dam) and mile
marker 296.0 (approximately 958 feet south of the Romeo Road Bridge).
(2) Enforcement Period. The safety and security zone will be
enforced from 5 p.m. on November 16, 2009, until 5 p.m. on December 18,
2009. Beginning November 16, 2009, the Coast Guard will use actual
notice to enforce this safety and security zone until this rule is
published in the Federal Register.
(3) Regulations. (i) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety and security zone is prohibited unless authorized by
the Captain of the Port Sector Lake Michigan, or her on-scene
representative.
(ii) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port Sector Lake Michigan to act on
her behalf. The on-scene representative of the Captain of the Port
Sector Lake Michigan will be aboard a Coast Guard, Coast Guard
Auxiliary, or other designated vessel or will be on shore and will
communicate with vessels via VHF-FM radio, loudhailer, or by phone. The
Captain of the Port Sector Lake Michigan or her on-scene representative
may be contacted via VHF-FM radio Channel 16 or the Coast Guard Sector
Lake Michigan Command Center at 414-747-7182.
(iii) Vessel operators desiring to enter or operate within the
safety and security zone must comply with the provisions of paragraph
(a)(4)(iv) or contact the Captain of the Port Sector Lake Michigan or
her on-scene representative to obtain permission to do so. Vessel
operators given permission to enter or operate in the safety and
security zone must comply with all directions given to them by the
Captain of the Port Sector Lake Michigan or her on-scene
representative.
(iv) Until 8 a.m. on December 2, 2009, all up-bound and down-bound
vessels engaged in commercial service, as defined in 46 U.S.C. 2101(5),
are permitted to transit through the safety zone. Vessels may not moor
or lay up in the safety and security zone unless preparing to, or
engaging in, loading or unloading operations. Any vessel not actively
preparing to, or currently engaged in, loading and unloading operations
must ask for permission for the Captain of the Port to remain in the
safety and security zone.
(v) Starting at 8 a.m. on December 2, 2009, this safety zone and
security zone is closed to all vessel traffic, except as may be
permitted by the Captain of the Port Sector Lake Michigan or her on-
scene representative. As soon as clean-up efforts from the rotenone
application are complete, the Captain of the Port will cause notice of
the enforcement of the safety and security zone being removed by all
appropriate means to effect the widest publicity among the affected
segments of the public. Such means of notification include but are not
limited to, Broadcast Notice to Mariners or Local Notice to Mariners.
(b) Electrical Dispersal Barrier Safety and Security Zone. (1) The
following area is a temporary safety and security zone: All waters of
the Chicago Sanitary and Ship Canal located between mile marker 296.0
(approximately 958 feet south of the Romeo Road Bridge) and mile marker
297.7 (approximately one mile north of the electrical dispersal
barrier).
(2) Enforcement Period. The safety zone will be enforced from 5
p.m. on November 16, 2009, until 5 p.m. on December 18, 2009. Beginning
November 16, 2009, the Coast Guard will use actual notice to enforce
this safety zone until this rule is published in the Federal Register.
(3) Definitions. The following definitions apply to paragraph (b)
of this section:
Bow boat means a towing vessel capable of providing positive
control of the bow of a tow containing one or more barges, while
transiting the regulated navigation area. The bow boat must be capable
of preventing a tow containing one or more barges from coming into
contact with the shore and other moored vessels.
(4) Regulations. (i) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port Sector Lake Michigan, or her representative.
(ii) The ``representative'' of the Captain of the Port is any Coast
Guard commissioned, warrant or petty officer who has been designated by
the Captain of the Port Sector Lake Michigan to act on her behalf. The
representative of the Captain of the Port Sector Lake Michigan will be
aboard a Coast Guard, Coast Guard Auxiliary, or other designated vessel
or will be on shore and will communicate with vessels via VHF-FM radio,
loudhailer, or by phone. The Captain of the Port Sector Lake Michigan
or her representative may be contacted via VHF-FM radio Channel 16 or
the Coast Guard Sector Lake Michigan Command Center at 414-747-7182.
(iii) Vessel operators desiring to enter or operate within the
safety and security zone must comply with the provisions of paragraph
(b)(4)(iv) or shall contact the Captain of the Port Sector Lake
Michigan or her representative to obtain permission to do so. Vessel
operators given permission to enter or operate in the safety and
security zone must comply with all directions given to them by the
Captain of the Port Sector Lake Michigan or her representative.
(iv) Until 8 a.m. on December 2, 2009, vessels that comply with the
following restrictions are permitted to transit the safety and security
zone and the following regulations apply:
(A) Vessels must be greater than twenty feet in length.
(B) Vessel must not be a personal watercraft of any kind (i.e., jet
skis, wave runners, kayak, etc.).
[[Page 61283]]
(C) All up-bound and down-bound tows that consist of barges
carrying flammable liquid cargos (grade A through C, flashpoint below
140 degrees Fahrenheit, or heated to within 15 degrees Fahrenheit of
flash point) must engage the services of a bow boat at all times until
the entire tow is clear of the safety and security zone.
(D) Vessels engaged in commercial service, as defined in 46 U.S.C.
2101(5), may not pass (meet or overtake) in the safety zone and must
make a SECURITE call when approaching the safety zone to announce
intentions and work out passing arrangements on either side.
(E) Commercial tows transiting the safety zone must be made up with
wire rope to ensure electrical connectivity between all segments of the
tow.
(F) All vessels are prohibited from loitering in the safety and
security zone.
(G) Vessels may enter the safety and security zone for the sole
purpose of transiting to the other side and must maintain headway
throughout the transit. All vessels and persons are prohibited from
dredging, laying cable, dragging, fishing, conducting salvage
operations, or any other activity, which could disturb the bottom of
the safety and security zone.
(H) If a vessel is permitted by the Captain of the Port Sector Lake
Michigan or her representative to transit the safety and security zone,
all personnel should remain on open decks inside the cabin, or as
inboard as practicable and wear a Coast Guard approved Type I personal
flotation device. Alternatively, personnel on recreational vessels may
wear a Coast Guard approved personal flotation device under 33 CFR Part
175 while in the safety zone.
(I) Vessels may not moor or lay up on the right or left descending
banks of the safety zone.
(J) Towboats may not make or break tows if any portion of the
towboat or tow is located in the safety zone.
(v) Starting at 8 a.m. on December 2, 2009, this safety and
security zone is closed to all vessel traffic, except as may be
permitted by the Captain of the Port Sector Lake Michigan or her
representative. As soon as clean-up efforts from the rotenone
application are complete, the Captain of the Port will cause notice of
the safety and security zone being open to vessel transits, so long as
the vessels comply with regulations described in paragraph (b)(4)(iv)
of this section, by all appropriate means to effect the widest
publicity among the affected segments of the public. Such means of
notification include but are not limited to, Broadcast Notice to
Mariners or Local Notice to Mariners.
(vi) Persons on board any vessel transiting this safety and
security zone in accordance with this rule or otherwise are advised
they do so at their own risk.
Dated: November 16, 2009.
D.R. Callahan,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District,
Acting.
[FR Doc. E9-28183 Filed 11-23-09; 8:45 am]
BILLING CODE 9110-04-P