Regulated Navigation Area, Chicago Sanitary and Ship Canal, Romeoville, IL, 46407-46410 [05-15781]
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Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Rules and Regulations
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
an 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
will not create 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
and direct effect on one or more Indian
tribes, on the relationship between the
Federal Governments and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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
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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
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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)(h), of the
Instruction, from further environmental
documentation. Special local
regulations issued in conjunction with a
regatta or marine parade permit are
specifically excluded from further
analysis and documentation under those
sections. Under figure 2–1, paragraph
(34)(h), of the Instruction, an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 100 as follows:
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46407
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233, Department of
Homeland Security Delegation No. 0170.1.
2. The Coast Guard amends the
temporary final rule published July 15,
2005 (70 FR 40882) entitled, ‘‘special
Local Regulations for Marine Events;
Manasquan River, Manasquan Inlet and
Atlantic Ocean, Point Pleasant Beach to
Bay Head, NJ’’.
I
§ 100.35–T05–073
[Amended]
3. In FR rule doc. 05–13962, published
on July 15, 2005 (70 FR 40882), make the
following amendments to §100.35-T05–
073:
I A. On page 40884, in the second
column, revise paragraph (a);
I B. On page 40884, in the third column,
in paragraph (c)(3), line 2, remove the
word ‘‘north’’ and add ‘‘outside’’ in its
place; and
I C. On page 40884, in the third column,
remove paragraph (c)(4) and redesignate
paragraph (c)(5) as (c)(4).
The revision reads as follows:
(a) Regulated area. The regulated area
is established for the waters of the
Atlantic Ocean bounded by a line drawn
from a position along the shoreline near
Normandy Beach, NJ at latitude
40°00′00″ N, longitude 074°03′30″ W,
thence easterly to latitude 39°59′40″ N,
longitude 074°02′00″ W, thence
southwesterly to latitude 39°56′35″ N,
longitude 074°03′00″ W, thence westerly
to a position near the Seaside Heights
Pier at latitude 39°56′35″ N, longitude
074°04′15″ W, thence northerly along
the shoreline to the point of origin. All
coordinates reference Datum NAD 1983.
I
Dated: August 1, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–15783 Filed 8–9–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD09–05–102]
RIN 1625–AA11
Regulated Navigation Area, Chicago
Sanitary and Ship Canal, Romeoville,
IL
AGENCY:
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Coast Guard, DHS.
10AUR1
46408
ACTION:
Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Rules and Regulations
Temporary final rule.
SUMMARY: The Coast Guard is extending
the previously established temporary
final rule published in the Federal
Register on January 26, 2005 which
created a regulated navigation area on
the Illinois Waterway near Romeoville,
IL. This temporary regulated navigation
area will place navigational and
operational restrictions on all vessels
transiting through the demonstration
electrical dispersal barrier located on
the Chicago Sanitary and Ship Canal.
This regulated navigation area is
necessary to protect vessels and their
crews from harm as a result of electrical
discharges emitting from the electrical
dispersal barrier as vessels transit over
it.
DATES: This rule is effective from 12
p.m. (local) June 30, 2005 through 12
p.m. (local) December 31, 2005.
Comments and related materials must
reach the Docket Management Facility
on or before December 31, 2005.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number [CGD09–05–102] to the
Commander (m) Ninth Coast Guard
District, 1240 E.9th Street, Room 2069,
Cleveland, OH 44199. The Marine
Safety and Analysis Branch (map) is the
document management facility for this
temporary rule and maintains the public
docket for this rulemaking. Documents
that become a part of this docket are
available for inspection between 8 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have further questions on this rule,
contact CDR K. Phillips, Marine Safety
and Analysis Branch, Cleveland, at
(216) 902–6045.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to submit
comments and related materials.
Comments and related materials must
reach the Docket Management Facility
on or before December 31, 2005.
Submitting Comments
If you submit a comment, please
include your name and address, identify
the docket number for this rulemaking
[CGD09–05–102], indicate the specific
section of this document to which each
comment applies, and give the reason
for each comment. You may submit
your comments and material by mail or
delivery to the docket management
facility (see ADDRESSES); but please
submit your comments and material by
only one means. If you submit them by
mail or delivery, submit them in an
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Jkt 205001
unbound format, no larger than 8 by 11
inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
reached the facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period, which may result
in a modification to the rule.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the docket management
facility (see ADDRESSES) explaining why
one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
rulemaking. Under 5 U.S.C. 553(b)(B),
the Coast Guard finds that good cause
exists for not publishing an NPRM. This
potential hazard to vessels and people
only recently became apparent, and
therefore we were unable to publish an
NPRM followed by a final rule. At this
point, it would be impracticable and
contrary to the public interest to provide
for notice and comment, due to the need
to prevent the risk of electrical hazard
to vessels and their crew/passengers.
During the enforcement of this regulated
navigation area, comments will be
accepted and reviewed and may result
in a modification to the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists to
make this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
impracticable and 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
On January 7, 2005, the U.S. Army
Corps of Engineers, in close
coordination with the U. S. Coast Guard,
conducted preliminary safety tests on
the Chicago Sanitary and Ship Canal at
Mile Marker 296.5 in the vicinity of the
demonstration electrical dispersal
barrier located on the canal near
Romeoville, IL. 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 Coast Guard and Army Corps
of Engineers conducted field tests to
ensure the continued safe navigation of
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Sfmt 4700
commercial and recreational traffic
across the barrier; however, results
indicated a significant arcing risk and
hazardous electrical discharges as
vessels transited the barrier posing a
significant risk to navigation through
the barrier. To mitigate this risk,
navigational and operational restrictions
will be placed on all vessels transiting
through the vicinity.
On January 26, 2005 this regulated
navigational area was published in the
Federal Register (70 FR 3625) as a
temporary final rule. Testing has
continued since the regulation was first
proposed in January 2005. The testing
on the electrical dispersal barrier is still
being conducted. Preliminary results
indicate that further tests and analysis
are warranted. Therefore, the Coast
Guard is enacting a second RNA and
comment period.
Discussion of Comments and Changes
Five comments have been received so
far with regards to the first RNA. These
have been reviewed, evaluated and
responded to. A summary of each
follows:
We received two comments
concerning the requirement to wear a
Coast Guard approved Type I personal
flotation device (PFD) while in the
demonstration electrical dispersal
barrier. It was suggested that the
wearing of the Type V PFD would be
sufficient. The COTP Chicago has
determined that until subsequent fieldtesting determines the waters in this
area do not pose significant risks to
human life, the wearing of the Type I
will be the standard. A Type I PFD is
designed to provide support to the head
so that the face of an unconscious or
exhausted person is held above the
water.
One comment recommended that
visual warnings be posted to alert
towboat pilots well before the
demonstration electrical dispersal
barrier. The Coast Guard is presently
working with the Army Corp of
Engineers to install signs, facing both
directions, that will alert waterway
operators prior to entering the electrical
barrier.
One comment requested that, as the
Corp’s testing provides new
information, that the RNA be reopened
for further comment. The Coast Guard
will not proceed with a permanent final
rule until all testing data has been
gathered, analyzed, and reviewed by all
concerned parties. The rulemaking will
remain open for comment throughout
this process.
One comment requested that the
Coast Guard allow emergency exception
to the requirements that vessels may not
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Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Rules and Regulations
moor or lay up on the right or left
descending banks, and towboats may
not make or break tows. The Coast
Guard does not find this reasonable.
Test results indicate such activities in
the vicinity of the fish barrier cause
electrical arcing and are inherently
dangerous at all times when the fish
barrier is energized; even in emergency
situations.
A request for a public meeting was
received by one commenter in order to
submit information on the generally
accepted use of Type V PFDs as work
vests for deck crews in the towing
industry, the cost and burden associated
with the requirement for Type I PFDs
for the limited area versus the
equipment required under federal
equipment standards, and the
company’s safety program. The Coast
Guard will take the request for a public
meeting under consideration.
Discussion of Rule
Until this potential hazard to
navigation can be rectified, the Coast
Guard will require vessels transiting the
regulated navigation area to adhere to
specified operational and navigational
requirements. The regulated navigation
area encompasses all waters of the
Chicago Sanitary and Ship Canal from
the north side of the Romeo Highway
Bridge at Mile Marker 296.1 to the aerial
pipeline arch located at Mile Marker
296.7. The requirements placed on
vessels include: All vessels are
prohibited from loitering in the
regulated navigation area. Vessels may
enter this section of the waterway with
the sole purpose of transiting to the
other side, and must maintain headway
throughout the transit. All personnel on
open decks must wear a Coast Guard
approved Type I personal flotation
device while in the regulated navigation
area until subsequent field testing
determines the waters in this area do
not pose significant risk to human life.
Vessels may not moor or lay up on the
right or left descending banks. Towboats
may not make or break tows. 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.
Commercial tows transiting the barrier
must be made up with wire rope to
ensure electrical connectivity between
all segments of the tow.
These restrictions are necessary for
safe navigation of the barrier and to
ensure the safety of vessels and their
personnel as well as the public’s safety
due to the electrical discharges noted
during recent safety tests conducted by
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13:34 Aug 09, 2005
Jkt 205001
the Army Corps of Engineers. Deviation
from this rule is prohibited unless
specifically authorized by the
Commander, Ninth Coast Guard District
or his designated representative.
Regulatory Evaluation
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. It has not been reviewed by the
Office of Management and Budget under
that Order. It is not ‘‘significant’’ under
the regulatory policies and procedures
of the Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. This determination
is based on the fact that traffic will still
be able to transit through the RNA.
Small Entities
This rule does not require a general
notice of proposed rulemaking and,
therefore, is exempt from the
requirements of the Regulatory
Flexibility Act. Although this rule is
exempt, we have reviewed it for
potential economic impact on small
entities.
We suspect that there may be small
entities affected by this rule but are
unable to provide more definitive
information. The risk, outlined above, is
severe and requires that immediate
action be taken. The Coast Guard will
evaluate as more information becomes
available.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule will have a significant
economic impact on it, please submit a
comment to the Docket Management
Facility at the address under ADDRESSES.
In your comment, explain why you
think it qualifies and how and to what
degree this rule would economically
affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we offered 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 actions of Federal
employees who enforce, or otherwise
determine compliance with, Federal
regulations to the Small Business and
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Fmt 4700
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46409
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).
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
an 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.
E:\FR\FM\10AUR1.SGM
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46410
Federal Register / Vol. 70, No. 153 / Wednesday, August 10, 2005 / Rules and Regulations
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 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
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
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 we believe this
rule should be categorically excluded,
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13:34 Aug 09, 2005
Jkt 205001
under figure 2–1, paragraph 34 (g) from
further environmental documentation.
This temporary rule establishes a
regulated navigation area and as such is
covered by this paragraph.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES. Comments on this section
will be considered before we make the
final decision on whether the rule
should be categorically excluded from
further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
I 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
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T09.102 to read as
follows:
I
§ 165.T09.102 Temporary Regulated
Navigation Area between mile markers
296.1 and 296.7 of the Chicago Sanitary and
Ship Canal located near Romeoville, IL.
(a) Location. The following is a
Regulated Navigation Area: All waters
of the Chicago Sanitary and Ship Canal,
Romeoville, IL beginning at the north
side of Romeo Road Bridge Mile Marker
296.1, and ending at the south side of
the Aerial Pipeline Mile Marker 296.7.
(b) Effective period: This rule is
effective from 12 p.m. (local) June 30,
2005 through 12 p.m. (local) December
31, 2005.
(c) Regulations. (1) The general
regulations contained in 33 CFR 165.13
apply.
(2) All vessels are prohibited from
loitering in the regulated navigation
area. Vessels may enter this section of
the waterway with the sole purpose of
transiting to the other side, and must
maintain headway throughout the
transit. All personnel on open decks
must wear a Coast Guard approved Type
I personal flotation device while in the
regulated navigation area until
subsequent field testing determines the
waters in this area do not pose
significant risk to human life. Vessels
may not moor or lay up on the right or
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
left descending banks. Towboats may
not make or break tows. 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.
Commercial tows transiting the barrier
must be made up with wire rope to
ensure electrical connectivity between
all segments of the tow.
(3) All persons and vessels shall
comply with this rule and any
additional instructions of the Ninth
Coast Guard District Commander, or his
designated representative.
Dated: June 30, 2005.
R.J. Papp, Jr.,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 05–15781 Filed 8–9–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[OPP–2005–0156; FRL–7726–9]
Topramezone; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation establishes
tolerances for residues of topramezone
in or on field corn, pop corn, sweet
corn, kidney, and liver. BASF
Corporation requested these tolerances
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), as amended by
the Food Quality Protection Act of 1996
(FQPA).
DATES: This regulation is effective
August 10, 2005. Objections and
requests for hearings must be received
on or before October 11, 2005.
ADDRESSES: To submit a written
objection or hearing request follow the
detailed instructions as provided in
Unit VI. of the SUPPLEMENTARY
INFORMATION. EPA has established a
docket for this action under Docket
identification (ID) number OPP–2005–
0156. All documents in the docket are
listed in the EDOCKET index at http:/
/www.epa.gov/edocket. Although listed
in the index, some information is not
publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
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]]>Agencies
[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Rules and Regulations]
[Pages 46407-46410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15781]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-102]
RIN 1625-AA11
Regulated Navigation Area, Chicago Sanitary and Ship Canal,
Romeoville, IL
AGENCY: Coast Guard, DHS.
[[Page 46408]]
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is extending the previously established
temporary final rule published in the Federal Register on January 26,
2005 which created a regulated navigation area on the Illinois Waterway
near Romeoville, IL. This temporary regulated navigation area will
place navigational and operational restrictions on all vessels
transiting through the demonstration electrical dispersal barrier
located on the Chicago Sanitary and Ship Canal. This regulated
navigation area is necessary to protect vessels and their crews from
harm as a result of electrical discharges emitting from the electrical
dispersal barrier as vessels transit over it.
DATES: This rule is effective from 12 p.m. (local) June 30, 2005
through 12 p.m. (local) December 31, 2005. Comments and related
materials must reach the Docket Management Facility on or before
December 31, 2005.
ADDRESSES: You may submit comments identified by Coast Guard docket
number [CGD09-05-102] to the Commander (m) Ninth Coast Guard District,
1240 E.9th Street, Room 2069, Cleveland, OH 44199. The Marine Safety
and Analysis Branch (map) is the document management facility for this
temporary rule and maintains the public docket for this rulemaking.
Documents that become a part of this docket are available for
inspection between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have further questions on this
rule, contact CDR K. Phillips, Marine Safety and Analysis Branch,
Cleveland, at (216) 902-6045.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to submit comments and related materials. Comments
and related materials must reach the Docket Management Facility on or
before December 31, 2005.
Submitting Comments
If you submit a comment, please include your name and address,
identify the docket number for this rulemaking [CGD09-05-102], indicate
the specific section of this document to which each comment applies,
and give the reason for each comment. You may submit your comments and
material by mail or delivery to the docket management facility (see
ADDRESSES); but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8 by 11 inches, suitable for copying and
electronic filing. If you submit them by mail and would like to know
that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period, which may result in a
modification to the rule.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the docket management facility (see ADDRESSES)
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
rulemaking. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. This potential hazard to
vessels and people only recently became apparent, and therefore we were
unable to publish an NPRM followed by a final rule. At this point, it
would be impracticable and contrary to the public interest to provide
for notice and comment, due to the need to prevent the risk of
electrical hazard to vessels and their crew/passengers. During the
enforcement of this regulated navigation area, comments will be
accepted and reviewed and may result in a modification to the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists to make this rule effective less than 30 days after publication
in the Federal Register. Delaying this rule would be impracticable and
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
On January 7, 2005, the U.S. Army Corps of Engineers, in close
coordination with the U. S. Coast Guard, conducted preliminary safety
tests on the Chicago Sanitary and Ship Canal at Mile Marker 296.5 in
the vicinity of the demonstration electrical dispersal barrier located
on the canal near Romeoville, IL. 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 Coast Guard and Army Corps of Engineers conducted field
tests to ensure the continued safe navigation of commercial and
recreational traffic across the barrier; however, results indicated a
significant arcing risk and hazardous electrical discharges as vessels
transited the barrier posing a significant risk to navigation through
the barrier. To mitigate this risk, navigational and operational
restrictions will be placed on all vessels transiting through the
vicinity.
On January 26, 2005 this regulated navigational area was published
in the Federal Register (70 FR 3625) as a temporary final rule. Testing
has continued since the regulation was first proposed in January 2005.
The testing on the electrical dispersal barrier is still being
conducted. Preliminary results indicate that further tests and analysis
are warranted. Therefore, the Coast Guard is enacting a second RNA and
comment period.
Discussion of Comments and Changes
Five comments have been received so far with regards to the first
RNA. These have been reviewed, evaluated and responded to. A summary of
each follows:
We received two comments concerning the requirement to wear a Coast
Guard approved Type I personal flotation device (PFD) while in the
demonstration electrical dispersal barrier. It was suggested that the
wearing of the Type V PFD would be sufficient. The COTP Chicago has
determined that until subsequent field-testing determines the waters in
this area do not pose significant risks to human life, the wearing of
the Type I will be the standard. A Type I PFD is designed to provide
support to the head so that the face of an unconscious or exhausted
person is held above the water.
One comment recommended that visual warnings be posted to alert
towboat pilots well before the demonstration electrical dispersal
barrier. The Coast Guard is presently working with the Army Corp of
Engineers to install signs, facing both directions, that will alert
waterway operators prior to entering the electrical barrier.
One comment requested that, as the Corp's testing provides new
information, that the RNA be reopened for further comment. The Coast
Guard will not proceed with a permanent final rule until all testing
data has been gathered, analyzed, and reviewed by all concerned
parties. The rulemaking will remain open for comment throughout this
process.
One comment requested that the Coast Guard allow emergency
exception to the requirements that vessels may not
[[Page 46409]]
moor or lay up on the right or left descending banks, and towboats may
not make or break tows. The Coast Guard does not find this reasonable.
Test results indicate such activities in the vicinity of the fish
barrier cause electrical arcing and are inherently dangerous at all
times when the fish barrier is energized; even in emergency situations.
A request for a public meeting was received by one commenter in
order to submit information on the generally accepted use of Type V
PFDs as work vests for deck crews in the towing industry, the cost and
burden associated with the requirement for Type I PFDs for the limited
area versus the equipment required under federal equipment standards,
and the company's safety program. The Coast Guard will take the request
for a public meeting under consideration.
Discussion of Rule
Until this potential hazard to navigation can be rectified, the
Coast Guard will require vessels transiting the regulated navigation
area to adhere to specified operational and navigational requirements.
The regulated navigation area encompasses all waters of the Chicago
Sanitary and Ship Canal from the north side of the Romeo Highway Bridge
at Mile Marker 296.1 to the aerial pipeline arch located at Mile Marker
296.7. The requirements placed on vessels include: All vessels are
prohibited from loitering in the regulated navigation area. Vessels may
enter this section of the waterway with the sole purpose of transiting
to the other side, and must maintain headway throughout the transit.
All personnel on open decks must wear a Coast Guard approved Type I
personal flotation device while in the regulated navigation area until
subsequent field testing determines the waters in this area do not pose
significant risk to human life. Vessels may not moor or lay up on the
right or left descending banks. Towboats may not make or break tows.
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.
Commercial tows transiting the barrier must be made up with wire rope
to ensure electrical connectivity between all segments of the tow.
These restrictions are necessary for safe navigation of the barrier
and to ensure the safety of vessels and their personnel as well as the
public's safety due to the electrical discharges noted during recent
safety tests conducted by the Army Corps of Engineers. Deviation from
this rule is prohibited unless specifically authorized by the
Commander, Ninth Coast Guard District or his designated representative.
Regulatory Evaluation
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. It has not been reviewed by the Office of
Management and Budget under that Order. It is not ``significant'' under
the regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This determination is based on the fact that
traffic will still be able to transit through the RNA.
Small Entities
This rule does not require a general notice of proposed rulemaking
and, therefore, is exempt from the requirements of the Regulatory
Flexibility Act. Although this rule is exempt, we have reviewed it for
potential economic impact on small entities.
We suspect that there may be small entities affected by this rule
but are unable to provide more definitive information. The risk,
outlined above, is severe and requires that immediate action be taken.
The Coast Guard will evaluate as more information becomes available.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will have a
significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain why you think it qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered 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 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).
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 an 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.
[[Page 46410]]
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 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 Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination 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 we believe this rule should be
categorically excluded, under figure 2-1, paragraph 34 (g) from further
environmental documentation. This temporary rule establishes a
regulated navigation area and as such is covered by this paragraph.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES. Comments on this section will be
considered before we make the final decision on whether the rule should
be categorically excluded from further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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.T09.102 to read as follows:
Sec. 165.T09.102 Temporary Regulated Navigation Area between mile
markers 296.1 and 296.7 of the Chicago Sanitary and Ship Canal located
near Romeoville, IL.
(a) Location. The following is a Regulated Navigation Area: All
waters of the Chicago Sanitary and Ship Canal, Romeoville, IL beginning
at the north side of Romeo Road Bridge Mile Marker 296.1, and ending at
the south side of the Aerial Pipeline Mile Marker 296.7.
(b) Effective period: This rule is effective from 12 p.m. (local)
June 30, 2005 through 12 p.m. (local) December 31, 2005.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.13 apply.
(2) All vessels are prohibited from loitering in the regulated
navigation area. Vessels may enter this section of the waterway with
the sole purpose of transiting to the other side, and must maintain
headway throughout the transit. All personnel on open decks must wear a
Coast Guard approved Type I personal flotation device while in the
regulated navigation area until subsequent field testing determines the
waters in this area do not pose significant risk to human life. Vessels
may not moor or lay up on the right or left descending banks. Towboats
may not make or break tows. 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. Commercial tows transiting the barrier
must be made up with wire rope to ensure electrical connectivity
between all segments of the tow.
(3) All persons and vessels shall comply with this rule and any
additional instructions of the Ninth Coast Guard District Commander, or
his designated representative.
Dated: June 30, 2005.
R.J. Papp, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 05-15781 Filed 8-9-05; 8:45 am]
BILLING CODE 4910-15-P
