[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Rules and Regulations]
[Pages 37810-37813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14993]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0470]
RIN 1625-AA11
Regulated Navigation Area and Safety 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 a temporary regulated
navigation area and safety zone on the Chicago Sanitary and Ship Canal
near Romeoville, IL. This regulated navigation area and safety zone
places navigational and operational restrictions on all vessels
transiting through the electrical dispersal barrier IIA.
DATES: Amendments for Sec. Sec. 165.923 and 165.T09-0470 are effective
from June 30, 2008, until August 15, 2008; and the amendment for Sec.
165.T09-4001 is effective from 7 a.m., July 14, 2008, until 5 p.m.,
August 9, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0470 and are available online at
www.regulations.gov. The material is also available for inspection and
copying at two places: 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 and the Ninth
[[Page 37811]]
Coast Guard District, Room 2069, 1240 East 9th Street, Cleveland, Ohio
44199, between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule call CDR Tim Cummins, Deputy Prevention Division, Ninth
Coast Guard District, telephone 216-902-6045. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION: On June 12, 2008, we published a notice of
proposed rulemaking (NPRM) entitled Regulated Navigation Area and
Safety Zone, Chicago Sanitary and Ship Canal, Romeoville, IL, in the
Federal Register (73 FR 33337). We received no letters commenting on
the proposed rule. No public meeting was requested, and none was held.
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 this rule would be
contrary to the public interest of ensuring the safety of persons and
vessels, and immediate action is necessary to prevent possible loss of
life or property.
Background and Purpose
The electrodes on the demonstration electrical dispersal barrier I
located between mile markers 296.1 and 296.7 of the Chicago Sanitary
and Ship Canal are beginning to fail. This barrier was constructed to
prevent Asian Carp from entering Lake Michigan through the Illinois
River system by generating a low-voltage electric field across the
canal. The Army Corps of Engineers intends to shutdown barrier I and
begin the process of replacing the barrier electrodes which run across
the bottom of the canal. Divers will be in the water and a barge-
mounted crane will be operating during maintenance operations to
barrier I. Electrical dispersal barrier IIA located on the Chicago
Sanitary and Ship Canal 270 feet south of mile marker 296.1 to mile
marker 296.7 will be in operation while repairs are being made to
demonstration electrical dispersal barrier I. Barrier IIA will operate
continuously for a two week period before taking barrier I off line for
electrode replacement. Electrical dispersal barrier IIA generates a
more powerful electric field than barrier I over a larger area within
the Chicago Sanitary and Ship Canal.
The Coast Guard and U.S. Army Corps of Engineers conducted field
tests to ensure the continued safe navigation of commercial and
recreational traffic across the barrier; however, results indicated an
arcing risk and hazardous electrical discharges as vessels transited
the barrier posing a serious risk to navigation through the barrier. To
mitigate these risks, navigational and operational restrictions will be
placed on all vessels transiting through the vicinity. Until the
potential electrical hazards can be rectified, the Coast Guard will
require vessels transiting the regulated navigation area to adhere to
specified operational and navigational requirements.
Discussion of Comment and Changes
No comments were received and no changes were made.
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, 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 so minimal that a
full Regulatory Evaluation is unnecessary.
This determination is based on the fact that traffic will still be
able to transit through the regulated navigation area and the minimal
time that vessels will be restricted from the safety zone. The safety
zone is an area where the Coast Guard expects insignificant adverse
impact to mariners from the zones' activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule 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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This rule would affect the following entities, some of which might
be small: the owners and operators of vessels intending to transit or
anchor in a portion of the Chicago Sanitary Ship Canal from June 30,
2008 to August 15, 2008.
This regulated navigation area and safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons. Vessel traffic will be able to transit
through the regulated navigation area. The U.S. Army Corps of Engineers
will contract bow boat assistance for barge tows containing one or more
Red Flag barges. Vessel traffic will only be limited for one five hour
period and one four hour period each day the safety zone is in effect.
In the event this temporary safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port Lake
Michigan to transit through the safety zone. The Coast Guard will give
notice to the public via a Broadcast Notice 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 (Pub. L. 104-121), in the NPRM we offered 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 proposed rule would call 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 substantial direct effect on State or local
governments and would either preempt State law or
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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 would 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 concern 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 proposed 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 procedure; and related management
system 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 Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, 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,
under the Instruction, that there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2 of
the Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This temporary rule establishes a
regulated navigation area and safety zone and as such is covered by
this paragraph.
A final environmental analysis checklist and a final 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 requirements, Security measures, and 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; 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. 165.923 [Suspended]
0
2. Section 165.923 is suspended from June 30, 2008 until August 15,
2008.
0
3. A new temporary Sec. 165.T09-0470 is added to read as follows:
Sec. 165.T09-0470 Temporary Regulated Navigation Area, Chicago
Sanitary and Ship Canal, Romeoville, IL.
(a) Regulated Navigation Area. The following is a Regulated
Navigation Area: All waters of the Chicago Sanitary and Ship Canal,
Romeoville, IL, 270 feet south of the Romeo Road Bridge Mile Marker
296.1 to the south side of the Aerial Pipeline Mile Marker 296.7.
(b) Effective period. This section is effective from June 30, 2008
until August 15, 2008.
(c) Definitions. The following definitions apply to this section:
Designated representative means the Captain of the Port Lake
Michigan.
Red Flag barges means barges containing hazardous materials as
identified by the following commodity codes:
(i) 01 (Empty with previous hazardous material);
(ii) 20 (Petroleum and Petroleum Products);
(iii) 21 (Crude Petroleum);
(iv) 22 (Gasoline, Jet Fuel and Kerosene);
(v) 23 (Distillate, Residual and other Fuel Oils; Lubricating Oils
and Greases);
(vi) 24 (Petroleum Pitches, Coke Asphalt, Naphtha and Solvents);
(vii) 30 (Chemicals and Related Products);
(viii) 31 (Fertilizer-Nitrogenous, Potassic, Phosphatic and
Others); and
(ix) 32 (Organic Industrial Chemicals (Crude Products) from Coal,
Tar, Petroleum and Natural Gas, Dyes,
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Organic Pigment Dying and Tanning Materials, Alcohols, Benzene;
Inorganic Industrial Chemicals (Sodium Hydroxide); Radioactive and
Associated Materials; Drugs)).
(d) Regulations. (1) The general regulations contained in 33 CFR
165.13 apply.
(2) All up-bound and down-bound barge tows that contain one or more
red flag barges transiting through the regulated navigation area must
be assisted by a bow boat until the entire tow is clear of the expanded
regulated navigation area boundaries.
(i) Information on how to contact the contractor for bow boat
assistance will be provided to the public in a Broadcast Notice to
Mariners.
(ii) Towing assistance will be provided from at least one mile
above the regulated navigation area to as least one mile below the
regulated navigation area.
(3) All vessels are prohibited from loitering in the regulated
navigation area.
(4) Vessels may enter the regulated navigation area for the sole
purpose of transiting to the other side and must maintain headway
throughout the transit.
(5) All personnel on open decks must wear a Coast Guard approved
Type I personal flotation device while in the regulated navigation
area.
(6) Vessels may not moor or lay up on the right or left descending
banks of the regulated navigation area.
(7) Towboats may not make or break tows in the regulated navigation
area.
(8) Vessels may not pass (meet or overtake) in the regulated
navigation area and must make a SECURITE call when approaching the
barrier to announce intentions and work out passing arrangements on
either side.
(9) Commercial tows transiting the regulated navigation area must
be made up with wire rope to ensure electrical connectivity between all
segments of the tow.
(e) Compliance. All persons and vessels must comply with this
section and any additional instructions of the Ninth Coast Guard
District Commander, or his designated representative.
0
4. A new temporary Sec. 165.T09-4001 is added to read as follows:
Sec. 165.T09-4001 Safety Zone; Chicago Sanitary and Ship Canal,
Romeoville, IL.
(a) Safety Zone. The following area is a temporary safety zone: All
waters of the Chicago Sanitary and Ship Canal from mile marker 296.1 to
296.7.
(b) Effective period. This regulation is effective from 7 a.m.,
July 14, 2008 to 5 p.m., August 9, 2008. The safety zone will be
enforced from 7 a.m. to 12 p.m. and 1 p.m. to 5 p.m. on July 14, 2008
through August 9, 2008.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Lake Michigan, or his on-scene representative, for paragraph (a)
of this section.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan, or his on-scene
representative, for paragraph (a) of this section.
(3) 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 to act on his behalf for
paragraph (a) of this section. The on-scene representative of the
Captain of the Port will be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The Captain of the Port or his on-scene
representative may be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Lake Michigan or his on-
scene representative to obtain permission to do so. 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 Lake
Michigan or his on-scene representative.
Dated: June 24, 2008.
David R. Callahan,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. E8-14993 Filed 7-1-08; 8:45 am]
BILLING CODE 9110-04-P