Regulated Navigation Area and Safety Zone, Chicago Sanitary and Ship Canal, Romeoville, IL, 45875-45879 [E8-18078]
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Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations
the control of mortality in freshwaterreared salmonids due to coldwater
disease associated with Flavobacterium
psychrophilum and for the control of
mortality in freshwater-reared
Oncorhynchus mykiss due to
columnaris disease associated with
Flavobacterium columnare. The
supplemental NADA is approved as of
July 6, 2008, and the regulations are
amended in 21 CFR 558.450 to reflect
the approval.
In accordance with the freedom of
information provisions of 21 CFR part
20 and 21 CFR 514.11(e)(2)(ii), a
summary of safety and effectiveness
data and information submitted to
support approval of this application
may be seen in the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852, between 9
a.m. and 4 p.m., Monday through
Friday.
Under section 573(c) of the Federal
Food, Drug, and Cosmetic Act (the act)
(21 U.S.C. 360ccc–2(c)), this
supplemental approval qualifies for 7
Oxytetracycline
amount
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*
*
*
BILLING CODE 4160–01–S
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0470]
RIN 1625–AA11
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Regulated Navigation Area and Safety
Zone, Chicago Sanitary and Ship
Canal, Romeoville, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
SUMMARY: The Coast Guard is revising
the dates and is reinstating a temporary
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1. The authority citation for 21 CFR
part 558 continues to read as follows:
I
Authority: 21 U.S.C. 360b, 371.
2. In § 558.450, in the table in
paragraph (d)(5)(v), in the ‘‘Limitations’’
column, remove ‘‘; do not administer
when water temperature is below 9 °C
(48.2 °F)’’; redesignate paragraph
(d)(5)(vi) as paragraph (d)(5)(vii); and
add new paragraph (d)(5)(vi) to read as
follows:
I
§ 558.450
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Oxytetracycline.
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(d) * * *
(5) * * *
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Sponsor
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Administer in mixed ration for 10 d; do not liberate
fish or slaughter fish for food for 21 d following
the last administration of medicated feed.
Administer in mixed ration for 10 d; do not liberate
fish or slaughter fish for food for 21 d following
the last administration of medicated feed.
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Frm 00023
PART 558—NEW ANIMAL DRUGS FOR
USE IN ANIMAL FEEDS
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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: This rule is effective from
September 03, 2008 to October 15, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0470 and are available online at
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 the U.S. Coast Guard Sector Lake
Michigan, 2420 South Lincoln Memorial
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Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 558 is amended as follows:
I
Limitations
1. Freshwater-reared salmonids: For control of
mortality due to coldwater disease associated
with Flavobacterium psychrophilum.
2. Freshwater-reared Oncorhynchus mykiss: For
control of mortality due to columnaris disease associated with Flavobacterium columnare.
Dated: July 28, 2008.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E8–18129 Filed 8–6–08; 8:45 am]
ACTION:
List of Subjects in 21 CFR Part 558
Animal drugs, Animal feeds.
Indications for use
*
(vi) 3.75 g/100 lb of
fish/day
years of exclusive marketing rights
beginning on the date of approval
because the new animal drug has been
declared a designated new animal drug
by FDA under section 573(a) of the act.
The agency has carefully considered
the potential environmental impact of
this action and has concluded that the
action will not have a significant impact
on the human environment and that an
environmental impact statement is not
required. FDA’s finding of no significant
impact and the evidence supporting that
finding, contained in an environmental
assessment, may be seen in the Division
of Dockets Management (HFA–305),
Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD
20852, between 9 a.m. and 4 p.m.,
Monday through Friday.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
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066104
066104
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Drive, Milwaukee, Wisconsin 53207,
between 8:30 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions regarding this 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:
Regulatory Information
On July 2, 2008 we published a
Temporary Final Rule (73 FR 37810).
This Temporary Final Rule revises dates
and reinstates the Temporary Final Rule
published on July 2, 2008.
Under 5 U.S.C. 553(b)(3)(B), the Coast
Guard finds that good cause exists for
not publishing an NPRM. This regulated
navigation area and safety zone is being
implemented to ensure continued safe
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Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations
navigation of commercial and
recreational traffic. Accordingly, it
requires immediate activation. 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 1 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 1 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 1. 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 1. Barrier IIA
will operate continuously for a two
week period before taking barrier 1 off
line for electrode replacement. Electrical
dispersal barrier IIA generates a more
powerful electric field than barrier 1
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. This regulation will be 43
days in length to provide enough time
for maintenance to be performed to the
barrier. This type of maintenance has
never been performed on Barrier I and
therefore, an extended amount of time
was requested in the event it is needed.
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Discussion of Rule
This rule will suspend 33 CFR
165.923 and place additional
restrictions on all vessels transiting
through electrical dispersal barrier IIA
located on the Chicago Sanitary and
Ship Canal from September 03, 2008
until October 15, 2008. The regulated
navigation area encompasses all waters
of the Chicago Sanitary and Ship Canal
270 feet south of the Romeo Road Bridge
Mile Marker 296.1 to the south side of
the Aerial Pipeline Mile Marker 296.7.
The requirements placed on all vessels
include: All up-bound and down-bound
barge tows that contain one or more Red
Flag barges transiting through the
restricted navigation area must be
assisted by a bow boat at least one mile
above the restricted navigation area to at
least one mile below the restricted
navigation area. Red Flag barges are
barges containing hazardous materials
as identified by Commodity Codes:
01 (Empty with previous hazardous
material)
20 (Petroleum and Petroleum
Products)
21 (Crude Petroleum)
22 (Gasoline, Jet Fuel and Kerosene)
23 (Distillate, Residual and other Fuel
Oils; Lubricating Oils and Greases)
24 (Petroleum Pitches, Coke Asphalt,
Naphtha and Solvents)
30 (Chemicals and Related Products)
31 (Fertilizer-Nitrogenous, Potassic,
Phosphatic and Others)
32 (Organic Industrial Chemicals
{Crude Products} from Coal, Tar,
Petroleum and Natural Gas, Dyes,
Organic Pigment Dying and Tanning
Materials, Alcohols, Benzene; Inorganic
Industrial Chemicals {Sodium
Hydroxide}; Radioactive and Associated
Materials; Drugs)
The U.S. Army Corps of Engineers
will contract bow boat assistance for
barge tows containing one or more Red
Flag barges. Information on how to
contact the contractor for bow boat
assistance will be provided to the public
in a Broadcast Notice to Mariners.
Towing assistance will be provided
from at least one mile above the
restricted navigation area to at least one
mile below the restricted navigation
area.
This rule prohibits all vessels from
loitering in the regulated navigation
area. Vessels may enter the regulated
navigation area for the sole purpose of
transiting to the other side and must
maintain headway throughout the
transit. The rule also requires all
personnel on open decks to wear a Coast
Guard approved Type I personal
flotation device while in the regulated
navigation area. In addition, vessels may
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not moor or lay up on the right or left
descending banks in the regulated
navigation area; towboats may not make
or break tows in the regulated
navigation area; vessels may not pass
(meet or overtake) in the regulated
navigation area. All vessels must make
a SECURITE call when approaching the
barrier to announce intentions and work
out passing arrangements on either side.
Finally, commercial tows transiting the
regulated navigation area 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 regulated
navigation area and to ensure the safety
of vessels and their personnel as well as
the public’s safety due to the electrical
discharges noted during safety tests
conducted by the U.S. Army Corps of
Engineers. Deviation from this rule is
prohibited unless specifically
authorized by the Commander, Ninth
Coast Guard District or his designated
representative. The Commander, Ninth
Coast Guard District will designate
Captain of the Port Lake Michigan as his
designated representative for the
purposes of this rule.
A temporary safety zone will be in
place while repairs are being made to
barrier 1. This temporary safety zone is
necessary to ensure the safety of
workers and vessels during maintenance
operations to barrier 1 on the Chicago
and Sanitary Ship Canal.
The maintenance on barrier 1 will
occur between 7 a.m., September 15,
2008 and 5 p.m., October 15, 2008. The
safety zone will be enforced from 7 a.m.
to 12 p.m. and 1 p.m. to 5 p.m. on
September 15, 2008 through October 15,
2008. The safety zone will encompass
all waters of the Chicago Sanitary Ship
Canal from mile marker 296.1 to mile
marker 296.7.
The Captain of the Port will cause
notice of enforcement of the safety zone
established by this section to be made
by all appropriate means to the affected
segments of the public. Such means of
notification will include, but is not
limited to, Broadcast Notice to Mariners
and Local Notice to Mariners. The
Captain of the Port will issue a
Broadcast Notice to Mariners notifying
the public when enforcement of the
safety zone is terminated.
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.
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Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations
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.
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.
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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 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 September 03, 2008 to
October 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.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
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45877
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.
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.
Assistance for Small Entities
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact CDR Tim
Cummins, Deputy Prevention Division,
Ninth Coast Guard District, 1240 East
Ninth Street, Cleveland, OH 44199;
216–902–6049. The Coast Guard will
not retaliate against small entities that
question or complain about this rule or
any policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has 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.
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 rule or options for compliance are
encouraged to contact the point of
contact listed under FOR FURTHER
INFORMATION CONTACT.
Taking of Private Property
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.
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.
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
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.
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Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Rules and Regulations
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 made a preliminary
determination, under the Instruction,
that this action is not likely to have a
significant effect on the human
environment. A preliminary
‘‘Environmental Analysis Check List’’
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
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.
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§ 165.923
[Suspended]
2. Section 165.923 is suspended from
September 03, 2008 until October 15,
2008.
I 3. A new temporary section 165.T09–
4002 is added as follows:
I
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§ 165.T09–4002 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 September 03, 2008 until
October 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:
(1) 01 (Empty with previous
hazardous material);
(2) 20 (Petroleum and Petroleum
Products);
(3) 21 (Crude Petroleum);
(4) 22 (Gasoline, Jet Fuel and
Kerosene);
(5) 23 (Distillate, Residual and other
Fuel Oils; Lubricating Oils and Greases);
(6) 24 (Petroleum Pitches, Coke
Asphalt, Naphtha and Solvents);
(7) 30 (Chemicals and Related
Products);
(8) 31 (Fertilizer-Nitrogenous,
Potassic, Phosphatic and Others); and
(9) 32 (Organic Industrial Chemicals
{Crude Products} from Coal, Tar,
Petroleum and Natural Gas, Dyes,
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
restricted navigation area must be
assisted by a bow boat until the entire
tow is clear of the expanded restricted
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 restricted navigation area to as least
one mile below the restricted 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
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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 section 165.T09–
4003 is added as follows:
§ 165.T09–4003 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., September 15,
2008, to 5 p.m., October 15, 2008. The
safety zone will be enforced from 7 a.m.
to 12 p.m. and 1 p.m. to 5 p.m. on
September 15, 2008, through October
15, 2008.
(c) Regulations. (1) In accordance with
the general regulations in section 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.
(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.
(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.
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 onscene 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
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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: July 29, 2008.
Peter V. Neffenger,
Rear Admiral, U.S. Coast Guard Commander,
Ninth Coast Guard District.
[FR Doc. E8–18078 Filed 8–6–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2007–1030; FRL–8573–5]
Approval and Promulgation of Air
Quality Implementation Plans;
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Provisions for Malfunctions; Common
Provisions Regulation
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
rmajette on PRODPC74 with RULES
AGENCY:
SUMMARY: EPA is taking direct final
action approving a State
Implementation Plan (SIP) revision
submitted by the State of Colorado on
August 1, 2007. This revision
establishes affirmative defense
provisions for source owners and
operators for excess emissions during
periods of malfunction. The affirmative
defense provisions are contained in the
State of Colorado’s Common Provisions
regulation. The intended effect of this
action is to approve only those portions
of Colorado’s Common Provisions
regulation submitted on August 1, 2007
that relate to the affirmative defense for
malfunctions. This action is being taken
under section 110 of the Clean Air Act.
DATES: This rule is effective on October
6, 2008, without further notice, unless
EPA receives adverse comment by
September 8, 2008. If adverse comment
is received, EPA will publish a timely
withdrawal of this direct final rule in
the Federal Register informing the
public that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2007–1030, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: videtich.callie@epa.gov and
komp.mark@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
VerDate Aug<31>2005
15:21 Aug 06, 2008
Jkt 214001
INFORMATION CONTACT section if you are
faxing comments).
• Mail: Callie Videtich, Director, Air
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
A, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
• Hand Delivery: Callie Videtich,
Director, Air Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–A, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. Such
deliveries are only accepted Monday
through Friday, 8 a.m. to 4:30 p.m.,
excluding Federal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2007–
1030. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA, without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
45879
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mark Komp, Air Program, 1595
Wynkoop Street, Mailcode: 8P–A,
Denver, Colorado 80202–1129, (303)
312–6022, komp.mark@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Background of State Submittal
III. EPA Analysis of State Submittal
IV. Consideration of Section 110 (l) of the
CAA
V. Final Action
VI. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or Colorado
mean the State of Colorado unless the
context indicates otherwise.
I. General Information
A. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
regulations.gov or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
E:\FR\FM\07AUR1.SGM
07AUR1
]]>Agencies
[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Rules and Regulations]
[Pages 45875-45879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18078]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising the dates and is reinstating 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: This rule is effective from September 03, 2008 to October 15,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0470 and are available online
at 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 the U.S.
Coast Guard Sector Lake Michigan, 2420 South Lincoln Memorial Drive,
Milwaukee, Wisconsin 53207, between 8:30 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions regarding this
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:
Regulatory Information
On July 2, 2008 we published a Temporary Final Rule (73 FR 37810).
This Temporary Final Rule revises dates and reinstates the Temporary
Final Rule published on July 2, 2008.
Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause
exists for not publishing an NPRM. This regulated navigation area and
safety zone is being implemented to ensure continued safe
[[Page 45876]]
navigation of commercial and recreational traffic. Accordingly, it
requires immediate activation. 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 1
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 1 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 1. 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 1. Barrier IIA will operate
continuously for a two week period before taking barrier 1 off line for
electrode replacement. Electrical dispersal barrier IIA generates a
more powerful electric field than barrier 1 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. This regulation
will be 43 days in length to provide enough time for maintenance to be
performed to the barrier. This type of maintenance has never been
performed on Barrier I and therefore, an extended amount of time was
requested in the event it is needed.
Discussion of Rule
This rule will suspend 33 CFR 165.923 and place additional
restrictions on all vessels transiting through electrical dispersal
barrier IIA located on the Chicago Sanitary and Ship Canal from
September 03, 2008 until October 15, 2008. The regulated navigation
area encompasses all waters of the Chicago Sanitary and Ship Canal 270
feet south of the Romeo Road Bridge Mile Marker 296.1 to the south side
of the Aerial Pipeline Mile Marker 296.7. The requirements placed on
all vessels include: All up-bound and down-bound barge tows that
contain one or more Red Flag barges transiting through the restricted
navigation area must be assisted by a bow boat at least one mile above
the restricted navigation area to at least one mile below the
restricted navigation area. Red Flag barges are barges containing
hazardous materials as identified by Commodity Codes:
01 (Empty with previous hazardous material)
20 (Petroleum and Petroleum Products)
21 (Crude Petroleum)
22 (Gasoline, Jet Fuel and Kerosene)
23 (Distillate, Residual and other Fuel Oils; Lubricating Oils and
Greases)
24 (Petroleum Pitches, Coke Asphalt, Naphtha and Solvents)
30 (Chemicals and Related Products)
31 (Fertilizer-Nitrogenous, Potassic, Phosphatic and Others)
32 (Organic Industrial Chemicals {Crude Products{time} from Coal,
Tar, Petroleum and Natural Gas, Dyes, Organic Pigment Dying and Tanning
Materials, Alcohols, Benzene; Inorganic Industrial Chemicals {Sodium
Hydroxide{time} ; Radioactive and Associated Materials; Drugs)
The U.S. Army Corps of Engineers will contract bow boat assistance
for barge tows containing one or more Red Flag barges. Information on
how to contact the contractor for bow boat assistance will be provided
to the public in a Broadcast Notice to Mariners. Towing assistance will
be provided from at least one mile above the restricted navigation area
to at least one mile below the restricted navigation area.
This rule prohibits all vessels from loitering in the regulated
navigation area. Vessels may enter the regulated navigation area for
the sole purpose of transiting to the other side and must maintain
headway throughout the transit. The rule also requires all personnel on
open decks to wear a Coast Guard approved Type I personal flotation
device while in the regulated navigation area. In addition, vessels may
not moor or lay up on the right or left descending banks in the
regulated navigation area; towboats may not make or break tows in the
regulated navigation area; vessels may not pass (meet or overtake) in
the regulated navigation area. All vessels must make a SECURITE call
when approaching the barrier to announce intentions and work out
passing arrangements on either side. Finally, commercial tows
transiting the regulated navigation area 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
regulated navigation area and to ensure the safety of vessels and their
personnel as well as the public's safety due to the electrical
discharges noted during safety tests conducted by the U.S. Army Corps
of Engineers. Deviation from this rule is prohibited unless
specifically authorized by the Commander, Ninth Coast Guard District or
his designated representative. The Commander, Ninth Coast Guard
District will designate Captain of the Port Lake Michigan as his
designated representative for the purposes of this rule.
A temporary safety zone will be in place while repairs are being
made to barrier 1. This temporary safety zone is necessary to ensure
the safety of workers and vessels during maintenance operations to
barrier 1 on the Chicago and Sanitary Ship Canal.
The maintenance on barrier 1 will occur between 7 a.m., September
15, 2008 and 5 p.m., October 15, 2008. The safety zone will be enforced
from 7 a.m. to 12 p.m. and 1 p.m. to 5 p.m. on September 15, 2008
through October 15, 2008. The safety zone will encompass all waters of
the Chicago Sanitary Ship Canal from mile marker 296.1 to mile marker
296.7.
The Captain of the Port will cause notice of enforcement of the
safety zone established by this section to be made by all appropriate
means to the affected segments of the public. Such means of
notification will include, but is not limited to, Broadcast Notice to
Mariners and Local Notice to Mariners. The Captain of the Port will
issue a Broadcast Notice to Mariners notifying the public when
enforcement of the safety zone is terminated.
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.
[[Page 45877]]
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.
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 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
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 September
03, 2008 to October 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.
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 want to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact CDR Tim Cummins, Deputy
Prevention Division, Ninth Coast Guard District, 1240 East Ninth
Street, Cleveland, OH 44199; 216-902-6049. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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 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 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
[[Page 45878]]
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 made a
preliminary determination, under the Instruction, that this action is
not likely to have a significant effect on the human environment. A
preliminary ``Environmental Analysis Check List'' supporting this
preliminary determination is available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
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(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.
Sec. 165.923 [Suspended]
0
2. Section 165.923 is suspended from September 03, 2008 until October
15, 2008.
0
3. A new temporary section 165.T09-4002 is added as follows:
Sec. 165.T09-4002 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 September 03,
2008 until October 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:
(1) 01 (Empty with previous hazardous material);
(2) 20 (Petroleum and Petroleum Products);
(3) 21 (Crude Petroleum);
(4) 22 (Gasoline, Jet Fuel and Kerosene);
(5) 23 (Distillate, Residual and other Fuel Oils; Lubricating Oils
and Greases);
(6) 24 (Petroleum Pitches, Coke Asphalt, Naphtha and Solvents);
(7) 30 (Chemicals and Related Products);
(8) 31 (Fertilizer-Nitrogenous, Potassic, Phosphatic and Others);
and
(9) 32 (Organic Industrial Chemicals {Crude Products{time} from
Coal, Tar, Petroleum and Natural Gas, Dyes, Organic Pigment Dying and
Tanning Materials, Alcohols, Benzene; Inorganic Industrial Chemicals
{Sodium Hydroxide{time} ; 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 restricted navigation area must
be assisted by a bow boat until the entire tow is clear of the expanded
restricted 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 restricted navigation area to as least one mile below the
restricted 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 section 165.T09-4003 is added as follows:
Sec. 165.T09-4003 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.,
September 15, 2008, to 5 p.m., October 15, 2008. The safety zone will
be enforced from 7 a.m. to 12 p.m. and 1 p.m. to 5 p.m. on September
15, 2008, through October 15, 2008.
(c) Regulations. (1) In accordance with the general regulations in
section 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.
(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.
(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. 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
[[Page 45879]]
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: July 29, 2008.
Peter V. Neffenger,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. E8-18078 Filed 8-6-08; 8:45 am]
BILLING CODE 4910-15-P
