Safety Zone; Chicago Sanitary and Ship Canal, Romeoville, IL, 19648-19650 [06-3609]

Download as PDF 19648 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Rules and Regulations PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS DEPARTMENT OF HOMELAND SECURITY 1. The authority citation for part 100 continues to read as follows: Coast Guard I Authority: 33 U.S.C. 1233, Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 100.35–T05–031 to read as follows: I § 100.35–T05–031 River, Maryland Martin Lagoon, Middle Dated: April 4, 2006. Larry L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 06–3608 Filed 4–14–06; 8:45 am] rmajette on PROD1PC67 with RULES BILLING CODE 4910–15–P 15:00 Apr 14, 2006 [CGD09–06–018] RIN 1625–AA00 Safety Zone; Chicago Sanitary and Ship Canal, Romeoville, IL Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: (a) Regulated area. The regulated area includes all waters of Martin Lagoon that are north of a line drawn from latitude 39°19′34″ N, 076°25′41″ W, thence to a position located at 39°19′33″ N, 076°25′33″ W. All coordinates reference Datum NAD 1983. (b) Definitions: (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Baltimore with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (c) Special local regulations: (1) Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area shall: (i) Stop the vessel immediately when directed to do so by any Official Patrol. (ii) Proceed as directed by any official patrol. (d) Enforcement period. This section will be enforced from 9 a.m. to 10 p.m. on May 13, 2006. If the marine event is postponed due to weather, then the temporary special local regulations will be enforced during the same time period on May 14, 2006. VerDate Aug<31>2005 33 CFR Part 165 Jkt 208001 SUMMARY: The Coast Guard is establishing a temporary safety zone on the Chicago Sanitary and Ship Canal on the Illinois Waterway near Romeoville, Illinois. This safety zone is necessary to close the Chicago Sanitary and Ship Canal during safety testing of the permanent electrical dispersal barrier. This safety zone intended to restrict vessels from a portion of the Canal in Romeoville, IL, at various times over a 30 day period. DATES: This rule is in effect during intermittent periods, as announced via Broadcast Notice to Mariners, from 7 a.m. (local) on April 10, 2006 until 7 a.m. (local) on June 30, 2006. Captain of the Port Lake Michigan or his on scene representative will inform mariners of enforcement periods via Broadcast Notice to Mariners. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket are part of the docket (CGD09–06–018), and are available for inspection or copying at Commanding Officer, U.S. Coast Guard Marine Safety Unit Chicago, 215 W. 83rd Street Suite D, Burr Ridge, IL, 60527, between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: MST1 Kenneth Brockhouse, U.S. Coast Guard, Marine Safety Unit Chicago, at (630) 986–2155. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. This safety zone is temporary in nature and limited time existed for an NPRM. The Coast Guard was not made aware that this operation was to take place with sufficient time to allow for publication of an NPRM followed by a final rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 making this rule effective less than 30 days after publication in the Federal Register. Delaying this rule would be impracticable and immediate action is necessary to ensure the safety of personnel and vessels during the operational period. During the enforcement of this safety zone, comments will be accepted and reviewed and may result in a modification to the rule. Background and Purpose A temporary electrical dispersal barrier is in operation at mile marker 296.5 on the Chicago Sanitary Ship Canal to prevent Asian Carp from entering Lake Michigan. A second permanent electrical dispersal barrier is being constructed and operational and safety testing must be completed prior to placing the permanent barrier in service. Also, additional safety tests need to be conducted for the temporary electrical dispersal barrier. These tests are scheduled to commence in April 2006. As such, the Captain of the Port Lake Michigan has determined that intermittent closures of the Chicago Sanitary and Ship Canal are necessary to ensure the integrity of the operational and safety tests, as well as the safety of the testing crews. Closures will occur between April 10, 2006 and June 30, 2006. Mariners will be notified of enforcement periods by Broadcast Notice to Mariners. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or his designated on scene representative via VHF–FM radio Channel 16. Discussion of Rule Operational and safety tests are required to determine the electrical parameters of the permanent electrical dispersal barrier, and to evaluate the health and safety risks of the electrical fields generated by both barriers in this portion of the Chicago Sanitary and Ship Canal. Restricting vessel movement through this portion of the Canal is necessary to ensure accurate test results, and to protect the equipment and crews conducting the tests. The safety zone will encompass all waters of the Chicago Sanitary and Ship Canal from the Romeo Road Bridge at Mile Marker 296.1 to the aerial pipeline arch at Mile Marker 296.7. All commercial and recreational vessels will be prohibited from entering the zone during enforcement periods. Enforcement periods will be announced via Broadcast Notice to Mariners. E:\FR\FM\17APR1.SGM 17APR1 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Rules and Regulations Vessels may contact the Coast Guard via VHF–FM radio Channel 16 to request permission to transit through the safety zone. rmajette on PROD1PC67 with RULES 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. The Office of Management and Budget has not reviewed it 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 established rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. This finding is based on the relatively small percentage of vessels that would fall within the applicability of the regulation, the relatively small size of the limited area around the zone, the minimal amount of time that vessels will be restricted when the zone is being enforced. In addition, vessels that will need to enter the zone may request permission on a case-by-case basis from the Captain of the Port or the designated on-scene representative. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this 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 rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which might be small entities: The owners or operators of vessels intending to transit through the safety zone in and around the area. This rule would not have a significant impact on a substantial number of small entities because the restrictions affect only a limited area for a brief amount of time as this safety zone is effective only when operations are underway. Further, transit through the zone may be permitted with proper authorization from the Captain of the Port Lake Michigan or his designated representative. Additionally, the VerDate Aug<31>2005 15:00 Apr 14, 2006 Jkt 208001 opportunity to engage in recreational activities outside the limits of the safety zone will not be disrupted. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining 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 (Pub. L. 104–121), 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 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– 800–734–3247. 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. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 19649 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 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 E:\FR\FM\17APR1.SGM 17APR1 19650 Federal Register / Vol. 71, No. 73 / Monday, April 17, 2006 / Rules and Regulations 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 that this rule should be categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. This event establishes a safety zone therefore paragraph (34)(g) of the Instruction applies. A preliminary ‘‘Environmental Analysis Check List’’ is 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 recordkeeping 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.T09.018 to read as follows: I rmajette on PROD1PC67 with RULES § 165.T09.018 Safety Zone; Chicago Sanitary and Ship Canal, Romeoville, IL. (a) Location. The following is a safety zone: all waters, bank-to-bank, from the Romeo Road Bridge at Mile Marker 296.1 to the aerial pipeline arch at Mile Marker 296.7 on Chicago Sanitary and Ship Canal. VerDate Aug<31>2005 16:26 Apr 14, 2006 Jkt 208001 (b) Effective time and date. This rule is in effect from 7 a.m. (local) on April 10, 2006 until 7 a.m. (local) on June 30, 2006. Enforcement periods will be announced via Broadcast Notice to Mariners. Captain of the Port Lake Michigan or the on scene representative may terminate this operation at anytime. (c) Regulations. In accordance with § 165.23, entry into this zone is prohibited unless authorized by the Coast Guard Captain of the Port Lake Michigan, or the designated on-scene representative. Section 165.23 also contains other general requirements. Regulatory Information DEPARTMENT OF HOMELAND SECURITY We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. Notice of this detonation operation was not received in time to engage in full rulemaking. Publishing an NPRM and delaying the effective date would be contrary to the public interest since the event would occur before the rulemaking process was complete, thereby jeopardizing the safety of the people and property unknowingly transiting or remaining in the area. 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. The COTP finds this good cause to be the immediate need for a safety zone to allay the aforementioned safety concerns surrounding the U.S. Air Force operations. Coast Guard Background and Purpose Dated: April 6, 2006. S.P. LaRochelle, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. 06–3609 Filed 4–14–06; 8:45 am] BILLING CODE 4910–15–P 33 CFR Part 165 [COTP Guam 06–004] RIN 1625–AA00 Safety Zone; 1.5NM North of Glass Breakwater, Philippine Sea, GU Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone in the waters of the Philippine Sea. This safety zone is necessary to protect mariners who would otherwise transit or be within the affected area from possible safety hazards associated with this simulated floating mine neutralization exercise. Entry of persons or vessels into this temporary safety zone is prohibited unless authorized by the Captain of the Port (COTP). DATES: This rule is effective from 1 p.m. to 3 p.m. (Kilo, Local Time) on April 21, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket COTP Guam 06–004 and are available for inspection or copying at Coast Guard Sector Guam between 7:30 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Jose M. Rosario, U.S. Coast Guard Sector Guam at (671) 339–2001 Extension 159. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 The Coast Guard expects that, on April 21, 2006, the U.S. Navy will conduct a simulated floating mine neutralization exercise within the Guam Captain of the Port Zone. The Coast Guard has determined that a temporary safety zone in the waters of the Philippine Sea, about 1.5NM north of Glass Breakwater, Guam, bounded by a circle with a 330-yard radius for vessels and 3000-yard radius for persons in the water is necessary to protect them from hazards associated with the exercise. Discussion of Rule This temporary safety zone is effective from 1 p.m. to 3 p.m. (Kilo, Local Time) on April 21, 2006. It is located within the Guam Captain of the Port Zone (See 33 CFR 3.70–15) and covers all waters bounded by a circle with a 330-yard radius for vessels and 3000-yard radius for persons in the water, centered at 13° 29′ 03″ North Latitude and 144°40′ 04″ East Longitude (NAD 1983), from the surface of the water to the ocean floor. The general regulations governing safety zones contained in 33 CFR 165.23 apply. Entry into, transit through, or anchoring within this zone is prohibited unless authorized by the Captain of the Port or a designated representative thereof. Any Coast Guard commissioned, warrant, or petty officer, and any other Captain of the Port representative permitted by law, may enforce the zone. The Captain of the Port may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that E:\FR\FM\17APR1.SGM 17APR1

Agencies

[Federal Register Volume 71, Number 73 (Monday, April 17, 2006)]
[Rules and Regulations]
[Pages 19648-19650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3609]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-018]
RIN 1625-AA00


Safety Zone; Chicago Sanitary and Ship Canal, Romeoville, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Chicago Sanitary and Ship Canal on the Illinois Waterway near 
Romeoville, Illinois. This safety zone is necessary to close the 
Chicago Sanitary and Ship Canal during safety testing of the permanent 
electrical dispersal barrier. This safety zone intended to restrict 
vessels from a portion of the Canal in Romeoville, IL, at various times 
over a 30 day period.

DATES: This rule is in effect during intermittent periods, as announced 
via Broadcast Notice to Mariners, from 7 a.m. (local) on April 10, 2006 
until 7 a.m. (local) on June 30, 2006. Captain of the Port Lake 
Michigan or his on scene representative will inform mariners of 
enforcement periods via Broadcast Notice to Mariners.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket 
are part of the docket (CGD09-06-018), and are available for inspection 
or copying at Commanding Officer, U.S. Coast Guard Marine Safety Unit 
Chicago, 215 W. 83rd Street Suite D, Burr Ridge, IL, 60527, between 8 
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: MST1 Kenneth Brockhouse, U.S. Coast 
Guard, Marine Safety Unit Chicago, at (630) 986-2155.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. This safety zone is temporary 
in nature and limited time existed for an NPRM. The Coast Guard was not 
made aware that this operation was to take place with sufficient time 
to allow for publication of an NPRM followed by a final rule. 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 impracticable and 
immediate action is necessary to ensure the safety of personnel and 
vessels during the operational period. During the enforcement of this 
safety zone, comments will be accepted and reviewed and may result in a 
modification to the rule.

Background and Purpose

    A temporary electrical dispersal barrier is in operation at mile 
marker 296.5 on the Chicago Sanitary Ship Canal to prevent Asian Carp 
from entering Lake Michigan.
    A second permanent electrical dispersal barrier is being 
constructed and operational and safety testing must be completed prior 
to placing the permanent barrier in service. Also, additional safety 
tests need to be conducted for the temporary electrical dispersal 
barrier. These tests are scheduled to commence in April 2006. As such, 
the Captain of the Port Lake Michigan has determined that intermittent 
closures of the Chicago Sanitary and Ship Canal are necessary to ensure 
the integrity of the operational and safety tests, as well as the 
safety of the testing crews. Closures will occur between April 10, 2006 
and June 30, 2006. Mariners will be notified of enforcement periods by 
Broadcast Notice to Mariners. Entry into, transiting, or anchoring 
within the safety zone is prohibited unless authorized by the Captain 
of the Port Lake Michigan or his designated on scene representative via 
VHF-FM radio Channel 16.

Discussion of Rule

    Operational and safety tests are required to determine the 
electrical parameters of the permanent electrical dispersal barrier, 
and to evaluate the health and safety risks of the electrical fields 
generated by both barriers in this portion of the Chicago Sanitary and 
Ship Canal. Restricting vessel movement through this portion of the 
Canal is necessary to ensure accurate test results, and to protect the 
equipment and crews conducting the tests.
    The safety zone will encompass all waters of the Chicago Sanitary 
and Ship Canal from the Romeo Road Bridge at Mile Marker 296.1 to the 
aerial pipeline arch at Mile Marker 296.7. All commercial and 
recreational vessels will be prohibited from entering the zone during 
enforcement periods. Enforcement periods will be announced via 
Broadcast Notice to Mariners.

[[Page 19649]]

Vessels may contact the Coast Guard via VHF-FM radio Channel 16 to 
request permission to transit through the safety zone.

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. The Office of Management and Budget has not 
reviewed it 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 established rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    This finding is based on the relatively small percentage of vessels 
that would fall within the applicability of the regulation, the 
relatively small size of the limited area around the zone, the minimal 
amount of time that vessels will be restricted when the zone is being 
enforced. In addition, vessels that will need to enter the zone may 
request permission on a case-by-case basis from the Captain of the Port 
or the designated on-scene representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule may affect the following entities, some of which might be 
small entities: The owners or operators of vessels intending to transit 
through the safety zone in and around the area.
    This rule would not have a significant impact on a substantial 
number of small entities because the restrictions affect only a limited 
area for a brief amount of time as this safety zone is effective only 
when operations are underway. Further, transit through the zone may be 
permitted with proper authorization from the Captain of the Port Lake 
Michigan or his designated representative. Additionally, the 
opportunity to engage in recreational activities outside the limits of 
the safety zone will not be disrupted.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining 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 (Pub. L. 104-121), 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 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 1-800-734-3247.

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.

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

[[Page 19650]]

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 that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. This event 
establishes a safety zone therefore paragraph (34)(g) of the 
Instruction applies.
    A preliminary ``Environmental Analysis Check List'' is 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 
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; 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.T09.018 to read as follows:


Sec.  165.T09.018  Safety Zone; Chicago Sanitary and Ship Canal, 
Romeoville, IL.

    (a) Location. The following is a safety zone: all waters, bank-to-
bank, from the Romeo Road Bridge at Mile Marker 296.1 to the aerial 
pipeline arch at Mile Marker 296.7 on Chicago Sanitary and Ship Canal.
    (b) Effective time and date. This rule is in effect from 7 a.m. 
(local) on April 10, 2006 until 7 a.m. (local) on June 30, 2006. 
Enforcement periods will be announced via Broadcast Notice to Mariners. 
Captain of the Port Lake Michigan or the on scene representative may 
terminate this operation at anytime.
    (c) Regulations. In accordance with Sec.  165.23, entry into this 
zone is prohibited unless authorized by the Coast Guard Captain of the 
Port Lake Michigan, or the designated on-scene representative. Section 
165.23 also contains other general requirements.

    Dated: April 6, 2006.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 06-3609 Filed 4-14-06; 8:45 am]
BILLING CODE 4910-15-P