Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL, 23524-23528 [2011-10194]

Download as PDF 23524 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Proposed Rules Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on May 12, 2011. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public; if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Executive Order 12866—Regulatory Planning and Review This rule is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866. Other Laws and Executive Orders Affecting Rulemaking When a State submits a program amendment to OSM for review, our regulations at 30 CFR 732.17(h) require us to publish a notice in the Federal Register indicating receipt of the proposed amendment, its text or a summary of its terms, and an opportunity for public comment. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At VerDate Mar<15>2010 15:08 Apr 26, 2011 Jkt 223001 that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 936 Intergovernmental relations, Surface mining, Underground mining. Dated: March 4, 2011. Ervin J. Barchenger, Regional Director, Mid-Continent Region. [FR Doc. 2011–10142 Filed 4–26–11; 8:45 am] BILLING CODE 4310–05–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2011–0228] RIN 1625–AA00 Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a permanent safety zone from Brandon Road Lock and Dam to Lake Michigan. This proposed safety zone will cover 77 miles of navigable waterways in the Chicago area and is intended to restrict vessels from entering certain segments of the navigable waters of the Des Plaines River, the Chicago Sanitary and Ship Canal (CSSC), branches of the Chicago River, and the Calumet-Saganashkee Channel (Cal-Sag Channel). This proposed safety zone is necessary to protect the waters, waterway users and vessels from hazards associated with a myriad of actions designed to control the spread of aquatic nuisance species. Because the Asian Carp Regional Coordinating Committee (ACRCC) may take such actions at any time and in any segment of the waterways covered by this proposed safety zone, this proposed safety zone would provide the Captain of the Port, Sector Lake Michigan, the ability to take targeted and expeditious action to protect vessels and persons from the hazards associated with any Federal and State efforts to control aquatic nuisance species. SUMMARY: PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 Comments and related materials must be received by the Coast Guard on or before May 27, 2011. ADDRESSES: You may submit comments identified by docket number USCG– 2011–0228 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: 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– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. DATES: If you have questions on this rule, call LCDR William Nabach, Asst. Chief, Prevention Department, Sector Lake Michigan, telephone 414–747–7159, e-mail address William.A.Nabach@uscg.mil. If you have questions related to the application of piscicide, please contact Mr. Bill Bolen, U.S. Environmental Protection Agency, Senior Advisor, Great Lakes National Program Office, 77 W. Jackson Blvd., Chicago, IL 60604, at (312) 353– 6316. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to https:// www.regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2011–0228), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via https:// E:\FR\FM\27APP1.SGM 27APP1 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Proposed Rules www.regulations.gov) or by fax, mail or hand delivery but please use only one of these means. If you submit a comment online via https:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, mail, or hand deliver your comment, it will be considered received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and mailing address, e-mail address or telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2011–0228’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change this rule based on your comments. WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, click on the ‘‘read comments’’ box, which will then become highlighted in blue. In the ‘‘Keyword’’ box insert ‘‘USCG–2011– 0228’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets VerDate Mar<15>2010 15:08 Apr 26, 2011 Jkt 223001 in the January 17, 2008, issue of the Federal Register (73 FR 3316). Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one using one of the four methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. Background and Purpose In 2007, the Department of the Interior through the Fish and Wildlife Service listed the Asian Carp and the Silver Carp as Injurious Wildlife Species. Based upon testing conducted by the United States Army Corps of Engineers (USACE), the Asian carp are believed to be migrating toward the Great Lakes through the Chicago Sanitary and Ship Canal and connected tributaries. Scientists are concerned that if these aquatic nuisance species reach the Great Lakes in sufficient numbers that they might devastate the Great Lakes commercial and sport fishing industries. The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended by the National Invasive Species Act of 1996, authorized the USACE to conduct a demonstration project to identify an environmentally sound method for preventing and reducing the dispersal of nonindigenous aquatic nuisance species through the Chicago Sanitary and Ship Canal. Subsequently, the USACE put in place an electric barrier to prevent and reduce the dispersal of Asian carp in the Chicago Sanitary and Ship Canal. Specifically, a demonstration dispersal barrier (Barrier I) was constructed and has been in operation since April 2002. It is located approximately 30 miles from Lake Michigan and creates an electric field in the water by pulsing low voltage DC current through steel cables secured to the bottom of the canal. A second barrier (Barrier IIA) was constructed 800 to 1300 feet downstream of Barrier I. Barrier IIA is currently operating at two volts per inch, 15 Hertz, and 6.5 ms. Construction on Barrier IIB was completed in early 2011. Operational and safety testing was conducted on Barrier IIB in February 2011 and is being analyzed. The completion of Barrier IIB should allow for maintenance operations with reduced need for the use of other aquatic nuisance species countermeasures. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 23525 In addition to the aforementioned electric dispersal barriers, the ACRCC has been conducting fish sampling in the Chicago Area Waterway System. The purpose of this sampling is to detect the potential presence of Asian Carp and other aquatic nuisance species within the waters covered by this proposed safety zone. Upon detection of the presence of Asian Carp or other aquatic nuisance species within any segment of the waterways covered by this safety zone, the ACRCC will take action designed to control the spread of aquatic nuisance species within the area of detection. The various types of actions that the ACRCC might take are outlined in the Asian Carp Control Strategy Framework, which can be found on the ACRCC’s Web site: https://asiancarp.org. Because of the ACRCC’s testing and countermeasure activity, the Captain of the Port, Sector Lake Michigan, put in place a Temporary Interim Rule (TIR) on May 1, 2010. This TIR established a 77 mile long safety zone from Brandon Road Lock to Lake Michigan in Chicago, IL. The purpose of that safety zone was to provide the Captain of the Port, Sector Lake Michigan, with the ability to take targeted and expeditious action to protect vessels and persons from the hazards associated with the aquatic nuisance testing and the countermeasure activities detailed in the ACRCC’s Asian Carp Control Strategy Framework. Although that TIR expired on March 1, 2011, the ACRCC will continue their testing and countermeasure activities. Thus, the Captain of the Port, Sector Lake Michigan, still finds it necessary to have the ability to take targeted and expeditious actions in the affected waterways to protect vessels and persons from the ACRCC’s expected actions. For this reason, the Captain of the Port, Sector Lake Michigan, proposes to establish a permanent safety zone along the same waterways covered in the previously published TIR. Like the safety zone established in the TIR, this proposed safety zone will only be enforced when testing and countermeasure activity require the Captain of the Port, Sector Lake Michigan to enforce the safety zone. Discussion of Rule This proposed rule places a permanent safety zone on 77 miles of waterways from Brandon Road Lock and Dam (mile marker 286.0) to Lake Michigan, including the waterways of the Des Plaines River, the CSSC, branches of the Chicago River, and the Calumet-Saganashkee Channel (Cal-Sag Channel). The Coast Guard has deemed this safety zone necessary to protect the E:\FR\FM\27APP1.SGM 27APP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 23526 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Proposed Rules waters, waterway users, and vessels from the hazards associated with a myriad of actions designed to control the spread of aquatic nuisance species. Because it is difficult to predict with certainty the type and degree of aquatic nuisance countermeasures that might be in place along the affected waterways several years from now, the Coast Guard proposes to establish a permanent safety zone in place of the previous temporary safety zone that expired on March 1, 2011. This proposed rule is separate and distinct from that located in 33 CFR 165.T09–1054, which was published in the December 2, 2010 issue of the Federal Register (75 FR 759) to establish a safety zone and regulated navigation area (RNA) on the CSSC near Romeo Road Bridge, Romeoville, IL. Likewise, this proposed rule affects no other regulation currently applicable to the waterways covered by this safety zone. The Captain of the Port, Sector Lake Michigan, may enforce this safety zone in whole or in segments. Although the safety zone may be enforced in its entirety, it is the intention of the Captain of the Port, Sector Lake Michigan to enforce the safety zone, depending on the circumstances, in the smallest segments possible. By enforcing only small segments of the safety zone, the Captain of the Port, Sector Lake Michigan, retains the flexibility to focus enforcement efforts only on those portions of the safety zone actually affected by aquatic nuisance species countermeasures. It is expected that this enforcement scheme will minimize waterway closures and any corresponding effects on vessel traffic. Any segment of this proposed safety zone to be enforced shall be delineated by mile markers and/or landmarks (e.g., Romeo Road Bridge). Vessels may transit through any portion of the safety zone that is not being enforced. Entry into, transiting, mooring, laying up, or anchoring within an enforced segment of the safety zone, however, is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan, or his or her designated representative. All vessels desiring to enter a segment of a waterway in which this safety zone is being enforced must obtain permission from the Captain of the Port, Sector Lake Michigan, to do so and must follow all orders from the Captain of the Port, Sector Lake Michigan, or his or her designated representative while in the zone. Even during periods of enforcement, the Captain of the Port, Sector Lake Michigan, will make every effort to permit vessel entry into any enforced segment of the safety zone until on- VerDate Mar<15>2010 15:08 Apr 26, 2011 Jkt 223001 scene preparations begin for aquatic nuisance species countermeasures. Once on-scene preparations begin and until clean-up is complete, however, no vessel, except those being used for aquatic nuisance species countermeasures or those having specific permission from the Captain of the Port, Sector Lake Michigan, will be permitted to enter or remain in an enforced segment of the safety zone. As the necessary clean-up actions are completed, the Captain of the Port, Sector Lake Michigan, will begin to reopen segments of the waterways in an effort to minimize disruption or waterway use. As soon as the aquatic nuisance species countermeasures are complete, the safety zone will no longer be enforced and the Captain of the Port, Sector Lake Michigan, will notify the public of such by all appropriate means. Such means of notification include, but are not limited to, Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port, Sector Lake Michigan, maintains a live radio watch on VHF Channel 16 and a telephone line that is manned 24-hours a day, seven days a week. The public can obtain information concerning enforcement of the safety zone by contacting the Captain of the Port, Sector Lake Michigan, via the Coast Guard Sector Lake Michigan Command Center at 414–747–7182. Regulatory Analyses We developed this proposed 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 proposed 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 proposed rule to be minimal. This determination is based on the following: (1) While this rule proposes to establish a safety zone that is 77 miles long, the Captain of the Port, Sector Lake Michigan, will enforce the safety zone only in relatively small segments. The Captain of the Port, Sector Lake Michigan, will have the flexibility to enforce the safety zone in only the segments of the safety zone affected by the application of piscicide, targeted fishing operations or other PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 countermeasures to address the problem of aquatic nuisance species invasion; and (2) The Captain of the Port, Sector Lake Michigan, will make every effort to reduce the closure time of the enforced segments of the safety zone. 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 proposed rule would affect the following entities, some of which might be small entities: The owners and operators of vessels intending to transit or anchor in any enforced segment of the 77-mile safety zone. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed 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 this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking process. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact LCDR William Nabach, Asst. Chief of Prevention, Sector Lake Michigan, at (414) 747–7159. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. Collection of Information This proposed rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). E:\FR\FM\27APP1.SGM 27APP1 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Proposed Rules Federalism Energy Effects A proposed rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. We have analyzed this proposed 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. 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 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule will not cause 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 proposed 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 proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Indian Tribal Governments This proposed 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. VerDate Mar<15>2010 15:08 Apr 26, 2011 Jkt 223001 Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, 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 that this action is one of the category of actions which do not individually or cumulatively have significant effect on the human environment. Therefore, this proposed rule is categorically excluded, under section 2.B.2 Figure 2–1, paragraph (34)(g), of the Instruction and neither an environmental assessment nor an environmental impact statement is required. This proposed rule involves the establishing, disestablishing, or changing of a security or safety zone. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 23527 under ADDRESSES. The Coast Guard’s environmental responsibilities extend only to the creation of a safety zone and do not include the application of piscicide or any other countermeasures to combat invasive species. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 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: Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.930 to read as follows: § 165.930 Safety Zone, Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and CalumetSaganashkee Channel, Chicago, IL. (a) Location. The safety zone consists of the following areas: (1) Des Plaines River. All U.S. waters of the Des Plaines River located between mile marker 286.0 (Brandon Road Lock and Dam) and mile marker 290.0 (point at which the Des Plaines River connects with the Chicago Sanitary and Ship Canal). (2) Chicago Sanitary and Ship Canal. All U.S. waters of the Chicago Sanitary and Ship Canal between mile marker 290.0 (point at which the Chicago Sanitary and Ship Canal connects to the Des Plaines River) and mile marker 321.8 (point at which the Chicago Sanitary and Ship Canal Connects to the South Branch Chicago River). (3) South Branch Chicago River. All U.S. waters of the South Branch Chicago River between mile marker 321.8 (point at which the South Branch Chicago River connects to the Chicago Sanitary and Ship Canal) and mile marker 325.6 (point at which the South Branch Chicago River connects to the Chicago River (Main Branch) and North Branch Chicago River). (4) Chicago River (Main Branch). All U.S. waters of the Chicago River (Main Branch) between mile marker 325.6 (point at which the Chicago River connects to the South Branch Chicago River) and 100 yards extending past the end of the Chicago River covering the area of the Federal channel within Chicago Harbor. E:\FR\FM\27APP1.SGM 27APP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 23528 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Proposed Rules (5) North Branch Chicago River. All U.S. waters of the North Branch Chicago River between mile marker 325.6 (point at which the North Branch Chicago River connects to the Chicago River (Main Branch) and the South Branch Chicago River) and mile marker 331.4 (end of navigation channel). (6) Calumet-Saganashkee Channel. All U.S. waters of the CalumetSaganashkee Channel between mile marker 303.5 (point at which the Calumet-Saganashkee Channel connects to the Chicago Sanitary and Ship Canal) and mile marker 333.0; all U.S. waters of the Calumet-Saganashkee Channel between mile marker 333.0 and Lake Michigan (Calumet Harbor). (b) Effective Period. This rule is effective [30 DAYS AFTER THE PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]. (c) Enforcement. (1) The Captain of the Port, Sector Lake Michigan, may enforce this safety zone in whole, in segments, or by any combination of segments. The Captain of the Port, Sector Lake Michigan, may suspend the enforcement of any segment of this safety zone for which notice of enforcement had been given. (2) The safety zone established by this section will be enforced, pursuant to paragraph (c)(1) of this section, only upon notice by the Captain of the Port, Sector Lake Michigan. Suspension of any previously announced period of enforcement will also be provided by the Captain of the Port, Sector Lake Michigan. All notices of enforcement and notices of suspension of enforcement will clearly describe any segments of the safety zone affected by the notice. At a minimum, notices of enforcement and notices of suspension of enforcement will identify any affected segments by reference to mile markers. When possible, the Captain of the Port, Sector Lake Michigan, will also identify enforced segments of this safety zone by referencing readily identifiable geographical points. In addition to providing the geographical bounds of any enforced segment of this safety zone, notices of enforcement will also provide the date(s) and time(s) at which enforcement will commence or suspend. (3) The Captain of the Port, Sector Lake Michigan, will publish notices of enforcement and notices of suspension of enforcement in accordance with 33 CFR 165.7(a) and in a manner that provides as much notice to the public as possible. The primary method of notification will be through publication in the Federal Register. The Captain of the Port, Sector Lake Michigan, will also provide notice through other means, such as Broadcast Notice to Mariners, VerDate Mar<15>2010 15:08 Apr 26, 2011 Jkt 223001 local Notice to Mariners, local news media, distribution in leaflet form, and on-scene oral notice. Additionally, the Captain of the Port, Sector Lake Michigan, may notify representatives from the maritime industry through telephonic and e-mail notifications. (d) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, mooring, laying up, or anchoring within any enforced segment of the safety zone is prohibited unless authorized by the Captain of the Port, Sector Lake Michigan, or his or her designated representative. (2) The ‘‘designated representative’’ of the Captain of the Port, Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port, Sector Lake Michigan, to act on his or her behalf. The designated representative of the Captain of the Port, Sector Lake Michigan, will be aboard a Coast Guard, Coast Guard Auxiliary, or other designated vessel or will be on shore and will communicate with vessels via VHF radio, loudhailer, or by phone. The Captain of the Port, Sector Lake Michigan, or his or her designated representative may be contacted via VHF radio Channel 16 or the Coast Guard Sector Lake Michigan Command Center at 414–747–7182. (3) To obtain permission to enter or operate within an enforced segment of the safety zone established by this section, Vessel operators must contact the Captain of the Port, Sector Lake Michigan, or his or her designated representative. Vessel operators given permission to operate in an enforced segment of the safety zone must comply with all directions given to them by the Captain of the Port, Sector Lake Michigan, or his or her designated representative. (4) When a segment of the safety zone is being enforced, it will be closed to all vessel traffic, except as may be permitted by the Captain of the Port, Sector Lake Michigan, or his or her designated representative. As soon as operations permit, the Captain of the Port, Sector Lake Michigan, will issue a notice of suspension of enforcement as specified in paragraph (c) of this section. (5) All persons entering any enforced segment of the safety zone established in this section are advised that they do so at their own risk. PO 00000 Dated: April 15, 2011. L. Barndt, Captain, U.S. Coast Guard, Captain of the Port, U.S. Coast Guard Sector Lake Michigan. [FR Doc. 2011–10194 Filed 4–26–11; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA–2011–0002; Internal Agency Docket No. FEMA–B–1184] Proposed Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Proposed rule. AGENCY: Comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed in the table below. The purpose of this proposed rule is to seek general information and comment regarding the proposed regulatory flood elevations for the reach described by the downstream and upstream locations in the table below. The BFEs and modified BFEs are a part of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, these elevations, once finalized, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents in those buildings. DATES: Comments are to be submitted on or before July 26, 2011. ADDRESSES: The corresponding preliminary Flood Insurance Rate Map (FIRM) for the proposed BFEs for each community is available for inspection at the community’s map repository. The respective addresses are listed in the table below. You may submit comments, identified by Docket No. FEMA–B–1184, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–4064, or (e-mail) luis.rodriguez1@dhs.gov. SUMMARY: FOR FURTHER INFORMATION CONTACT: Rodriguez, Chief, Engineering Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1 Luis

Agencies

[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Proposed Rules]
[Pages 23524-23528]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10194]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0228]
RIN 1625-AA00


Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including 
Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and 
Calumet-Saganashkee Channel, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
from Brandon Road Lock and Dam to Lake Michigan. This proposed safety 
zone will cover 77 miles of navigable waterways in the Chicago area and 
is intended to restrict vessels from entering certain segments of the 
navigable waters of the Des Plaines River, the Chicago Sanitary and 
Ship Canal (CSSC), branches of the Chicago River, and the Calumet-
Saganashkee Channel (Cal-Sag Channel). This proposed safety zone is 
necessary to protect the waters, waterway users and vessels from 
hazards associated with a myriad of actions designed to control the 
spread of aquatic nuisance species. Because the Asian Carp Regional 
Coordinating Committee (ACRCC) may take such actions at any time and in 
any segment of the waterways covered by this proposed safety zone, this 
proposed safety zone would provide the Captain of the Port, Sector Lake 
Michigan, the ability to take targeted and expeditious action to 
protect vessels and persons from the hazards associated with any 
Federal and State efforts to control aquatic nuisance species.

DATES: Comments and related materials must be received by the Coast 
Guard on or before May 27, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0228 using any one of the following methods:
    (1) Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call LCDR William Nabach, Asst. Chief, Prevention Department, Sector 
Lake Michigan, telephone 414-747-7159, e[dash]mail address 
William.A.Nabach@uscg.mil. If you have questions related to the 
application of piscicide, please contact Mr. Bill Bolen, U.S. 
Environmental Protection Agency, Senior Advisor, Great Lakes National 
Program Office, 77 W. Jackson Blvd., Chicago, IL 60604, at (312) 353-
6316. If you have questions on viewing the docket, call Renee V. 
Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http:[sol][sol]www.regulations.gov and will include 
any personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0228), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http:[sol][sol]

[[Page 23525]]

www.regulations.gov) or by fax, mail or hand delivery but please use 
only one of these means. If you submit a comment online via 
http:[sol][sol]www.regulations.gov, it will be considered received by 
the Coast Guard when you successfully transmit the comment. If you fax, 
mail, or hand deliver your comment, it will be considered received by 
the Coast Guard when it is received at the Docket Management Facility. 
We recommend that you include your name and mailing address, e-mail 
address or telephone number in the body of your document so that we can 
contact you if we have questions regarding your submission.
    To submit your comment online, go to 
http:[sol][sol]www.regulations.gov, click on the ``submit a comment'' 
box, which will then become highlighted in blue. In the ``Document 
Type'' drop down menu select ``Proposed Rule'' and insert ``USCG-2011-
0228'' in the ``Keyword'' box. Click ``Search'' then click on the 
balloon shape in the ``Actions'' column. If you submit comments by mail 
or hand delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you 
submit comments by mail and would like to know that they reached the 
Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period and may change this rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to 
http:[sol][sol]www.regulations.gov, click on the ``read comments'' box, 
which will then become highlighted in blue. In the ``Keyword'' box 
insert ``USCG-2011-0228'' and click ``Search.'' Click the ``Open Docket 
Folder'' in the ``Actions'' column. You may also visit the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    In 2007, the Department of the Interior through the Fish and 
Wildlife Service listed the Asian Carp and the Silver Carp as Injurious 
Wildlife Species. Based upon testing conducted by the United States 
Army Corps of Engineers (USACE), the Asian carp are believed to be 
migrating toward the Great Lakes through the Chicago Sanitary and Ship 
Canal and connected tributaries. Scientists are concerned that if these 
aquatic nuisance species reach the Great Lakes in sufficient numbers 
that they might devastate the Great Lakes commercial and sport fishing 
industries.
    The Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990, as amended by the National Invasive Species Act of 1996, 
authorized the USACE to conduct a demonstration project to identify an 
environmentally sound method for preventing and reducing the dispersal 
of non-indigenous aquatic nuisance species through the Chicago Sanitary 
and Ship Canal.
    Subsequently, the USACE put in place an electric barrier to prevent 
and reduce the dispersal of Asian carp in the Chicago Sanitary and Ship 
Canal. Specifically, a demonstration dispersal barrier (Barrier I) was 
constructed and has been in operation since April 2002. It is located 
approximately 30 miles from Lake Michigan and creates an electric field 
in the water by pulsing low voltage DC current through steel cables 
secured to the bottom of the canal. A second barrier (Barrier IIA) was 
constructed 800 to 1300 feet downstream of Barrier I. Barrier IIA is 
currently operating at two volts per inch, 15 Hertz, and 6.5 ms. 
Construction on Barrier IIB was completed in early 2011. Operational 
and safety testing was conducted on Barrier IIB in February 2011 and is 
being analyzed. The completion of Barrier IIB should allow for 
maintenance operations with reduced need for the use of other aquatic 
nuisance species countermeasures.
    In addition to the aforementioned electric dispersal barriers, the 
ACRCC has been conducting fish sampling in the Chicago Area Waterway 
System. The purpose of this sampling is to detect the potential 
presence of Asian Carp and other aquatic nuisance species within the 
waters covered by this proposed safety zone. Upon detection of the 
presence of Asian Carp or other aquatic nuisance species within any 
segment of the waterways covered by this safety zone, the ACRCC will 
take action designed to control the spread of aquatic nuisance species 
within the area of detection. The various types of actions that the 
ACRCC might take are outlined in the Asian Carp Control Strategy 
Framework, which can be found on the ACRCC's Web site: https://asiancarp.org.
    Because of the ACRCC's testing and countermeasure activity, the 
Captain of the Port, Sector Lake Michigan, put in place a Temporary 
Interim Rule (TIR) on May 1, 2010. This TIR established a 77 mile long 
safety zone from Brandon Road Lock to Lake Michigan in Chicago, IL. The 
purpose of that safety zone was to provide the Captain of the Port, 
Sector Lake Michigan, with the ability to take targeted and expeditious 
action to protect vessels and persons from the hazards associated with 
the aquatic nuisance testing and the countermeasure activities detailed 
in the ACRCC's Asian Carp Control Strategy Framework. Although that TIR 
expired on March 1, 2011, the ACRCC will continue their testing and 
countermeasure activities. Thus, the Captain of the Port, Sector Lake 
Michigan, still finds it necessary to have the ability to take targeted 
and expeditious actions in the affected waterways to protect vessels 
and persons from the ACRCC's expected actions. For this reason, the 
Captain of the Port, Sector Lake Michigan, proposes to establish a 
permanent safety zone along the same waterways covered in the 
previously published TIR. Like the safety zone established in the TIR, 
this proposed safety zone will only be enforced when testing and 
countermeasure activity require the Captain of the Port, Sector Lake 
Michigan to enforce the safety zone.

Discussion of Rule

    This proposed rule places a permanent safety zone on 77 miles of 
waterways from Brandon Road Lock and Dam (mile marker 286.0) to Lake 
Michigan, including the waterways of the Des Plaines River, the CSSC, 
branches of the Chicago River, and the Calumet-Saganashkee Channel 
(Cal-Sag Channel). The Coast Guard has deemed this safety zone 
necessary to protect the

[[Page 23526]]

waters, waterway users, and vessels from the hazards associated with a 
myriad of actions designed to control the spread of aquatic nuisance 
species. Because it is difficult to predict with certainty the type and 
degree of aquatic nuisance countermeasures that might be in place along 
the affected waterways several years from now, the Coast Guard proposes 
to establish a permanent safety zone in place of the previous temporary 
safety zone that expired on March 1, 2011. This proposed rule is 
separate and distinct from that located in 33 CFR 165.T09-1054, which 
was published in the December 2, 2010 issue of the Federal Register (75 
FR 759) to establish a safety zone and regulated navigation area (RNA) 
on the CSSC near Romeo Road Bridge, Romeoville, IL. Likewise, this 
proposed rule affects no other regulation currently applicable to the 
waterways covered by this safety zone.
    The Captain of the Port, Sector Lake Michigan, may enforce this 
safety zone in whole or in segments. Although the safety zone may be 
enforced in its entirety, it is the intention of the Captain of the 
Port, Sector Lake Michigan to enforce the safety zone, depending on the 
circumstances, in the smallest segments possible. By enforcing only 
small segments of the safety zone, the Captain of the Port, Sector Lake 
Michigan, retains the flexibility to focus enforcement efforts only on 
those portions of the safety zone actually affected by aquatic nuisance 
species countermeasures. It is expected that this enforcement scheme 
will minimize waterway closures and any corresponding effects on vessel 
traffic. Any segment of this proposed safety zone to be enforced shall 
be delineated by mile markers and/or landmarks (e.g., Romeo Road 
Bridge).
    Vessels may transit through any portion of the safety zone that is 
not being enforced. Entry into, transiting, mooring, laying up, or 
anchoring within an enforced segment of the safety zone, however, is 
prohibited unless authorized by the Captain of the Port, Sector Lake 
Michigan, or his or her designated representative. All vessels desiring 
to enter a segment of a waterway in which this safety zone is being 
enforced must obtain permission from the Captain of the Port, Sector 
Lake Michigan, to do so and must follow all orders from the Captain of 
the Port, Sector Lake Michigan, or his or her designated representative 
while in the zone.
    Even during periods of enforcement, the Captain of the Port, Sector 
Lake Michigan, will make every effort to permit vessel entry into any 
enforced segment of the safety zone until on-scene preparations begin 
for aquatic nuisance species countermeasures. Once on-scene 
preparations begin and until clean-up is complete, however, no vessel, 
except those being used for aquatic nuisance species countermeasures or 
those having specific permission from the Captain of the Port, Sector 
Lake Michigan, will be permitted to enter or remain in an enforced 
segment of the safety zone.
    As the necessary clean-up actions are completed, the Captain of the 
Port, Sector Lake Michigan, will begin to re-open segments of the 
waterways in an effort to minimize disruption or waterway use. As soon 
as the aquatic nuisance species countermeasures are complete, the 
safety zone will no longer be enforced and the Captain of the Port, 
Sector Lake Michigan, will notify the public of such by all appropriate 
means. Such means of notification include, but are not limited to, 
Broadcast Notice to Mariners or Local Notice to Mariners.
    The Captain of the Port, Sector Lake Michigan, maintains a live 
radio watch on VHF Channel 16 and a telephone line that is manned 24-
hours a day, seven days a week. The public can obtain information 
concerning enforcement of the safety zone by contacting the Captain of 
the Port, Sector Lake Michigan, via the Coast Guard Sector Lake 
Michigan Command Center at 414-747-7182.

Regulatory Analyses

    We developed this proposed 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 proposed 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 proposed rule to be minimal. 
This determination is based on the following: (1) While this rule 
proposes to establish a safety zone that is 77 miles long, the Captain 
of the Port, Sector Lake Michigan, will enforce the safety zone only in 
relatively small segments. The Captain of the Port, Sector Lake 
Michigan, will have the flexibility to enforce the safety zone in only 
the segments of the safety zone affected by the application of 
piscicide, targeted fishing operations or other countermeasures to 
address the problem of aquatic nuisance species invasion; and (2) The 
Captain of the Port, Sector Lake Michigan, will make every effort to 
reduce the closure time of the enforced segments of the safety zone.

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 proposed rule would affect the following 
entities, some of which might be small entities: The owners and 
operators of vessels intending to transit or anchor in any enforced 
segment of the 77-mile safety zone. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this proposed 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 this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
If the proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LCDR William 
Nabach, Asst. Chief of Prevention, Sector Lake Michigan, at (414) 747-
7159. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

Collection of Information

    This proposed rule calls for no new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 23527]]

Federalism

    A proposed rule has implications for federalism under Executive 
Order 13132, Federalism, if it has a substantial direct effect on State 
or local governments and would either preempt State law or impose a 
substantial direct cost of compliance on them. We have analyzed this 
proposed 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule will not cause 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
does not create an environmental risk to health or risk to safety that 
may disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian Tribes, on the relationship between the Federal 
Government and Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 that this action is one of the category of actions which 
do not individually or cumulatively have significant effect on the 
human environment. Therefore, this proposed rule is categorically 
excluded, under section 2.B.2 Figure 2-1, paragraph (34)(g), of the 
Instruction and neither an environmental assessment nor an 
environmental impact statement is required. This proposed rule involves 
the establishing, disestablishing, or changing of a security or safety 
zone. An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES. The Coast Guard's environmental responsibilities extend only 
to the creation of a safety zone and do not include the application of 
piscicide or any other countermeasures to combat invasive species.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

    2. Add Sec.  165.930 to read as follows:


Sec.  165.930  Safety Zone, Brandon Road Lock and Dam to Lake Michigan 
including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago 
River, and Calumet-Saganashkee Channel, Chicago, IL.

    (a) Location. The safety zone consists of the following areas:
    (1) Des Plaines River. All U.S. waters of the Des Plaines River 
located between mile marker 286.0 (Brandon Road Lock and Dam) and mile 
marker 290.0 (point at which the Des Plaines River connects with the 
Chicago Sanitary and Ship Canal).
    (2) Chicago Sanitary and Ship Canal. All U.S. waters of the Chicago 
Sanitary and Ship Canal between mile marker 290.0 (point at which the 
Chicago Sanitary and Ship Canal connects to the Des Plaines River) and 
mile marker 321.8 (point at which the Chicago Sanitary and Ship Canal 
Connects to the South Branch Chicago River).
    (3) South Branch Chicago River. All U.S. waters of the South Branch 
Chicago River between mile marker 321.8 (point at which the South 
Branch Chicago River connects to the Chicago Sanitary and Ship Canal) 
and mile marker 325.6 (point at which the South Branch Chicago River 
connects to the Chicago River (Main Branch) and North Branch Chicago 
River).
    (4) Chicago River (Main Branch). All U.S. waters of the Chicago 
River (Main Branch) between mile marker 325.6 (point at which the 
Chicago River connects to the South Branch Chicago River) and 100 yards 
extending past the end of the Chicago River covering the area of the 
Federal channel within Chicago Harbor.

[[Page 23528]]

    (5) North Branch Chicago River. All U.S. waters of the North Branch 
Chicago River between mile marker 325.6 (point at which the North 
Branch Chicago River connects to the Chicago River (Main Branch) and 
the South Branch Chicago River) and mile marker 331.4 (end of 
navigation channel).
    (6) Calumet-Saganashkee Channel. All U.S. waters of the Calumet-
Saganashkee Channel between mile marker 303.5 (point at which the 
Calumet-Saganashkee Channel connects to the Chicago Sanitary and Ship 
Canal) and mile marker 333.0; all U.S. waters of the Calumet-
Saganashkee Channel between mile marker 333.0 and Lake Michigan 
(Calumet Harbor).
    (b) Effective Period. This rule is effective [30 DAYS AFTER THE 
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
    (c) Enforcement. (1) The Captain of the Port, Sector Lake Michigan, 
may enforce this safety zone in whole, in segments, or by any 
combination of segments. The Captain of the Port, Sector Lake Michigan, 
may suspend the enforcement of any segment of this safety zone for 
which notice of enforcement had been given.
    (2) The safety zone established by this section will be enforced, 
pursuant to paragraph (c)(1) of this section, only upon notice by the 
Captain of the Port, Sector Lake Michigan. Suspension of any previously 
announced period of enforcement will also be provided by the Captain of 
the Port, Sector Lake Michigan. All notices of enforcement and notices 
of suspension of enforcement will clearly describe any segments of the 
safety zone affected by the notice. At a minimum, notices of 
enforcement and notices of suspension of enforcement will identify any 
affected segments by reference to mile markers. When possible, the 
Captain of the Port, Sector Lake Michigan, will also identify enforced 
segments of this safety zone by referencing readily identifiable 
geographical points. In addition to providing the geographical bounds 
of any enforced segment of this safety zone, notices of enforcement 
will also provide the date(s) and time(s) at which enforcement will 
commence or suspend.
    (3) The Captain of the Port, Sector Lake Michigan, will publish 
notices of enforcement and notices of suspension of enforcement in 
accordance with 33 CFR 165.7(a) and in a manner that provides as much 
notice to the public as possible. The primary method of notification 
will be through publication in the Federal Register. The Captain of the 
Port, Sector Lake Michigan, will also provide notice through other 
means, such as Broadcast Notice to Mariners, local Notice to Mariners, 
local news media, distribution in leaflet form, and on-scene oral 
notice. Additionally, the Captain of the Port, Sector Lake Michigan, 
may notify representatives from the maritime industry through 
telephonic and e-mail notifications.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, mooring, laying up, 
or anchoring within any enforced segment of the safety zone is 
prohibited unless authorized by the Captain of the Port, Sector Lake 
Michigan, or his or her designated representative.
    (2) The ``designated representative'' of the Captain of the Port, 
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty 
officer who has been designated by the Captain of the Port, Sector Lake 
Michigan, to act on his or her behalf. The designated representative of 
the Captain of the Port, Sector Lake Michigan, will be aboard a Coast 
Guard, Coast Guard Auxiliary, or other designated vessel or will be on 
shore and will communicate with vessels via VHF radio, loudhailer, or 
by phone. The Captain of the Port, Sector Lake Michigan, or his or her 
designated representative may be contacted via VHF radio Channel 16 or 
the Coast Guard Sector Lake Michigan Command Center at 414-747-7182.
    (3) To obtain permission to enter or operate within an enforced 
segment of the safety zone established by this section, Vessel 
operators must contact the Captain of the Port, Sector Lake Michigan, 
or his or her designated representative. Vessel operators given 
permission to operate in an enforced segment of the safety zone must 
comply with all directions given to them by the Captain of the Port, 
Sector Lake Michigan, or his or her designated representative.
    (4) When a segment of the safety zone is being enforced, it will be 
closed to all vessel traffic, except as may be permitted by the Captain 
of the Port, Sector Lake Michigan, or his or her designated 
representative. As soon as operations permit, the Captain of the Port, 
Sector Lake Michigan, will issue a notice of suspension of enforcement 
as specified in paragraph (c) of this section.
    (5) All persons entering any enforced segment of the safety zone 
established in this section are advised that they do so at their own 
risk.

    Dated: April 15, 2011.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, U.S. Coast Guard Sector 
Lake Michigan.
[FR Doc. 2011-10194 Filed 4-26-11; 8:45 am]
BILLING CODE 9110-04-P

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