[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78157-78159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32227]
[[Page 78157]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1123]
RIN 1625-AA00
Safety Zone; Eisenhower Expressway Bridge Rehabilitation Project;
Chicago River South Branch, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Chicago River South Branch near Chicago, Illinois. This zone is
intended to restrict vessels from a portion of the Chicago River South
Branch due to the rehabilitation of the Eisenhower Expressway Bridge.
This temporary safety zone is necessary to protect the surrounding
public and vessels from the hazards associated with the rehabilitation
of the Eisenhower Expressway Bridge. Entry into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Lake
Michigan or a designated representative.
DATES: This rule is effective from 7 a.m. December 23, 2011 through 3
p.m. December 28, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1123 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-1123 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 rule, contact or email BM1 Adam Kraft, U.S. Coast Guard
Sector Lake Michigan, at (414) 747-7148 or Adam.D.Kraft@uscg.mil. 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 an agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under U.S.C. 553 (b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this. The final details for this project were not
received by until less than four weeks before the start of the bridge
rehabilitation project. Waiting for a comment period to run would
prevent the Coast Guard from performing its statutory function of
protecting life on navigable waters and thus would be impractical and
contrary to the public interest.
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. Delaying the effective date would
prevent the Coast Guard from performing its statutory function of
protecting life on navigable waters and thus would be impractical and
contrary to the public interest.
Basis and Purpose
The rehabilitation of the Eisenhower Expressway Bridge will occur
from 7 a.m. to 3 p.m. on December 23, 2011. The threat or possibility
of falling debris associated with the replacement of the bridge leafs
poses serious risks of injury to persons and property. As such, the
Captain of the Port, Sector Lake Michigan, has determined that the
rehabilitation project of the Eisenhower Expressway Bridge poses
significant risks to public safety and property and that a safety zone
is necessary.
Discussion of Rule
This temporary safety zone will be enforced from 7 a.m. to 3 p.m.
on December 23, 2011 to protect the public from dangers associated with
the scheduled rehabilitation of the Eisenhower Expressway Bridge. If
the rehabilitation project efforts are cancelled due to inclement
weather, then this safety zone will be enforced between 7 a.m. and 3
p.m. on December 28, 2011. The temporary safety zone will encompass all
U.S. navigable waters of the Chicago River South Branch in the vicinity
of the Eisenhower Expressway Bridge between Mile Marker 324.8 and Mile
Marker 325.1 of the Chicago River South Branch in Chicago, Illinois.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her
on-scene representative. Entry into, transiting, or anchoring within
the safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her on-scene representative. The
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative may be contacted via VHF Channel 16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
It is not ``significant'' under the regulatory policies and
procedures of the Department of Homeland Security (DHS). We conclude
that this rule is not a significant regulatory action because we
anticipate that it will have minimal impact on the economy, will not
interfere with other agencies, will not adversely alter the budget of
any grant or loan recipients, and will not raise any novel legal or
policy issues. The safety zone around the bridge project will be
relatively small and exist for a relatively short time. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have
[[Page 78158]]
a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor on a portion of the Chicago River South Branch
between 7 a.m. and 3 p.m. on December 23, 2011 or, in the event the
rehabilitation project efforts are cancelled due to inclement weather,
between 7 a.m. and 3 p.m. on December 28, 2011.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be enforced while unsafe conditions exist. Vessel
traffic will be minimal due to the fact that the location of the safety
zone is in an area that typically does not experience high volumes of
vessel traffic during the hours of 7 a.m. and 3 p.m. Several commercial
traffic entities have already been contacted concerning this closure
and have confirmed that the effective period of the closure will not
affect them in a negative way.
In the event that this temporary safety zone affects shipping,
commercial vessels may request permission from the Captain of The Port,
Sector Lake Michigan, or his or her on scene representative to transit
through the safety zone. The Coast Guard will give notice to the public
via a Broadcast to Mariners that the regulation is in effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they could 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 affect 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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
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 proposed 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
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves the establishment of a
safety zone and is therefore categorically excluded under paragraph
34(g) of the Instruction.
A final environmental analysis check list and categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping
[[Page 78159]]
requirements, Security measures, Waterways.
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. 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; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-1123 to read as follows
Sec. 165.T09-1123 Safety Zone; Bridge Rehabilitation Project, Chicago
River South Branch, Chicago, IL
(a) Location. The safety zone will encompass all U.S. navigable
waters of the Chicago River South Branch in the vicinity of the
Eisenhower Expressway Bridge between Mile Marker 324.8 and Mile Marker
325.1 of the Chicago River South Branch in Chicago, IL.
(b) Enforcement Period. This rule is enforceable between 7 a.m. and
3 p.m. on December 23, 2011. If the rehabilitation project efforts are
cancelled due to inclement weather, then this safety zone will be
enforceable between 7 a.m. and 3 p.m. on December 28, 2011.
(c) Regulations. (1) In accordance with the general regulations in
33 CFR part 165, subpart C, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan, or his or her on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan, or his
or her on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan, 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 his or her behalf. The on-scene representative of
the Captain of the Port, Sector Lake Michigan, will be on land in the
vicinity of the safety zone and will have constant communications with
the involved safety vessels which will be provided by the contracting
company, Walsh Construction.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan, or
his or her on-scene representative to obtain permission to do so. The
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port, Sector
Lake Michigan, or his or her on-scene representative.
Dated: December 5, 2011.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-32227 Filed 12-15-11; 8:45 am]
BILLING CODE 9110-04-P