Regulated Navigation Area and Safety Zone, Chicago Sanitary and Ship Canal, Romeoville, IL, 37810-37813 [E8-14993]
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Federal Register / Vol. 73, No. 128 / Wednesday, July 2, 2008 / Rules and Regulations
Zone in Lake Union from 9:30 p.m. to
11 p.m. on July 4th, 2008. This action
is necessary to ensure the safety of
participants and spectators during the
Lake Union, Seattle, WA (Ivar’s
Fireworks Show). During the
enforcement period, entry into the
Safety Zone is prohibited unless
authorized by the Captain of the Port,
Puget Sound, Seattle, WA. The Captain
of the Port may establish transit lanes
along the east and west shorelines of
Lake Union and may allow boaters to
transit north and south through the
safety zone in these lanes. If established,
these transit lanes will remain open
until 10 p.m. and then be closed until
the end of the fireworks display.
Dated: June 18, 2008.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the
Port Puget Sound.
[FR Doc. E8–15032 Filed 7–1–08; 8:45 am]
The regulations in 33 CFR
165.1306 will be enforced from 9:30
p.m. to 11 p.m. on July 4th, 2008.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
The Coast Guard will enforce
the annual Elliot Bay Seattle, WA safety
zone in Elliot Bay from 9:30 p.m. to 11
p.m. on July 4th, 2008. This action is
necessary to ensure the safety of
participants and spectators during the
Ivar’s Spectacular Fireworks show.
During the enforcement period, entry
into, transit through, mooring, or
anchoring within this zone is prohibited
unless authorized by the Captain of the
Port, Puget Sound or his designated
representatives.
DATES: The regulations in 33 CFR
165.1307 will be enforced from 9:30
p.m. to 11 p.m. on July 4th, 2008.
FOR FURTHER INFORMATION CONTACT:
Ensign Heidi Bevis, c/o Captain of the
Port Puget Sound, Coast Guard Sector
Seattle, 1519 Alaskan Way South,
Seattle, WA 98134 at (206) 217–6002.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone for
Elliot Bay, Seattle, WA Fireworks Show,
33 CFR 165.1307 from 9:30 p.m. to 11
p.m. on July 4th, 2008.
This safety zone provides for a
regulated area to protect spectators
while providing unobstructed vessel
traffic lanes to ensure timely arrival of
emergency response craft. Movements
are regulated for all vessels in the area
as described under 33 CFR 165.1307 or
unless otherwise regulated by the COTP
or his designee. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this safety zone.
Under the provisions of 33 CFR
165.1307, all waters of Elliott Bay
within a box bounded by the points:
47°37′22″ N, 122°22′06″; 47°37′06″ N,
122°21′45″; 47°36′54″ N, 122°22′05″;
47°37′08″ N, 122°22′27″; thence
returning to the origin. The safety zone
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33 CFR Part 165
[Docket No. USCG–2008–0560]
RIN 1625–AA08
Elliot Bay, Seattle, WA
SUMMARY:
The Coast
Guard will enforce the safety zone for
the Lake Union, Seattle, WA Fireworks
Show, 33 CFR 165.1306 on July 4th,
2008, from 9:30 p.m. to 11 p.m.
This safety zone provides for a
regulated area to protect spectators.
Movements are regulated for all vessels
in the area as described under 33 CFR
§ 165.1306 or unless otherwise regulated
by the COTP or his designee. The Coast
Guard may be assisted by other Federal,
State, or local law enforcement agencies
in enforcing this safety zone.
Under the provisions of 33 CFR
165.1306, all portions of the waters of
Lake Union bounded by the following
coordinates: Latitude 47°38′32″ N,
Longitude 122°20′34″ W; thence to
Latitude 47°38′32″ N, Longitude
122°19′48″ W; thence to Latitude
47°38′10″ N, Longitude 122°20′24″ W;
thence returning to the origin. This
safety zone begins 1,000 feet south of
Gas Works Park and encompasses all
waters from east to west for 2,500 feet.
Floating markers will be placed by the
sponsor of the fireworks demonstration
to delineate the boundaries of the safety
zone.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 165.1306(c) and 5 U.S.C.
552(a).
17:12 Jul 01, 2008
Coast Guard
ACTION:
Ensign Heidi Bevis, c/o Captain of the
Port Puget Sound, Coast Guard Sector
Seattle, 1519 Alaskan Way South,
Seattle, WA 98134 at (206) 217–6002.
VerDate Aug<31>2005
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard, DHS.
Notice of enforcement of
regulation.
DATES:
SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–04–P
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resembles a square centered around the
barge from which the fireworks will be
launched and begins 100 yards off the
shore of Myrtle Edwards Park. Floating
markers will be placed by the sponsor
of the fireworks display to delineate the
boundaries of the safety zone.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 165.1307(c) and 5 U.S.C. 552
(a).
Dated: June 18, 2008.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the
Port Puget Sound.
[FR Doc. E8–15038 Filed 7–1–08; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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 §§ 165.923 and
165.T09–0470 are effective from June
30, 2008, until August 15, 2008; and the
amendment for § 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
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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.
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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
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17:12 Jul 01, 2008
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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.
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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.
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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
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compliance are encouraged to contact
the point of contact listed under FOR
FURTHER INFORMATION CONTACT.
exclusion determination are available in
the docket where indicated under
ADDRESSES.
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.
List of Subjects in 33 CFR Part 165
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
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Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
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, 6.04–1, 6.04–6, and 160.5; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
§ 165.923
[Suspended]
2. Section 165.923 is suspended from
June 30, 2008 until August 15, 2008.
I 3. A new temporary § 165.T09–0470 is
added to read as follows:
I
§ 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.
I 4. A new temporary § 165.T09–4001 is
added to read as follows:
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§ 165.T09–4001 Safety Zone; Chicago
Sanitary and Ship Canal, Romeoville, IL.
17:12 Jul 01, 2008
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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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0511]
RIN 1625–AA00
Safety Zone; Red, White, and Blue
Fireworks, Incline Village, NV
Coast Guard, DHS.
Temporary final rule.
AGENCY:
(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
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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 § 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 onscene 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.
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone in
the navigable waters of Lake Tahoe for
the loading, transport, and launching of
fireworks to celebrate Independence
Day. This safety zone is established to
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ensure the safety of participants and
spectators from the dangers associated
with the pyrotechnics. Unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
remaining in the safety zone without
permission of the Captain of the Port or
his designated representative.
DATES: This rule is effective from 8 a.m.
on June 28, 2008, through 10:30 p.m. on
July 4, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0511 and are available online at
https://www.regulations.gov. They are
also available for inspection or copying
at two locations: 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 Coast
Guard Sector San Francisco, 1 Yerba
Buena Island, San Francisco, California,
94130, 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 Lieutenant Junior Grade Sheral
Richardson, U.S. Coast Guard Sector
San Francisco, at (415) 399–7436. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
event would occur before the
rulemaking process was complete.
Because of the dangers posed by the
pyrotechnics used in this fireworks
display, the safety zone is necessary to
provide for the safety of event
participants, spectator craft, and other
vessels transiting the event area. For the
safety concerns noted, it is in the public
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]]>Agencies
[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Rules and Regulations]
[Pages 37810-37813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14]
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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
[[Page 37812]]
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,
[[Page 37813]]
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
