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, 35106-35110 [2011-14925]
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35106
Federal Register / Vol. 76, No. 116 / Thursday, June 16, 2011 / Rules and Regulations
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
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 this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34) (g.), of the Instruction. This rule
involves an emergency situation and
will be in effect for over one week, but
is not expected to result in any
significant adverse environmental
impact as described in NEPA.
An environmental analysis checklist
and a categorical exclusion
determination will be provided and
made available at the docket as
indicated in the ADDRESSES section.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
Coast Guard
■
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. A new temporary § 165.T08–0433 is
added to read as follows:
■
§ 165.T08–0433 Safety Zone; Waterway
Closure, Atchafalaya River from Mile Marker
117 (Morgan City Railroad Bridge) to Mile
Marker 0 (Simmesport, LA).
(a) Location. This temporary safety
zone is located on the specified waters
of the Atchafalaya River between MM
117 (Morgan City Railroad Bridge) and
MM 0 (Simmesport, LA).
(b) Effective date. This rule is effective
May 16, 2011 through July 31, 2011 and
enforceable with actual notice upon
signature, May 16, 2011.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Morgan City.
(2) Vessels requiring entry into or
passage through the Safety Zone must
request permission from the Captain of
the Port Morgan City, or a designated
representative. They may be contacted
on VHF Channel 13 or 16, or by
telephone at 985–380–5370.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Morgan City and
designated on-scene patrol personnel.
On-scene patrol personnel include
commissioned, warrant, and petty
officers of the U.S. Coast Guard.
Dated: May 16, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the
Port Morgan City, Louisiana.
E.M. Stanton,
Captain, U.S. Coast Guard Captain of the
Port New Orleans, Louisiana.
[FR Doc. 2011–14922 Filed 6–15–11; 8:45 am]
BILLING CODE 9110–04–P
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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 amends 33
CFR part 165 as follows:
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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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a permanent safety zone
from Brandon Road Lock and Dam to
Lake Michigan. This 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, branches of the Chicago
River, and the Calumet-Saganashkee
Channel. This 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 safety zone,
this safety zone will 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: This rule is effective July 18,
2011.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket USCG–2011–0228 and are
available online at https://
www.regulations.gov. This material is
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, WI 53207, between 8 a.m.
SUMMARY:
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and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call
BM1 Adam Kraft, Prevention
Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at (414) 747–
7148 or e-mail him at
Adam.D.Kraft@uscg.mil. 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 April 27, 2011, we published a
Notice of Proposed Rule Making
(NPRM) entitled Safety Zones; 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, in the Federal Register (76
FR 23524). We received zero letters
commenting on the proposed rule. No
public meeting was requested, and none
was held.
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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
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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 6.5ms. 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 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, is
establishing a permanent safety zone
along the same waterways covered in
the previously published TIR. Like the
safety zone established in the TIR, this
safety zone will only be enforced when
testing and countermeasure activity
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require the Captain of the Port, Sector
Lake Michigan to enforce the safety
zone.
Discussion of Comments and Changes
No comments on the proposed
rulemaking were received and no
changes are being made to the rule.
Regulatory Analysis
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this rule to be minimal. This
determination is based on the following:
(1) While this rule establishes 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 rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will 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
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safety zone. This rule will not have a
significant impact on a substantial
number of small entities because only
small segments of the safety zone will
be enforced at any one time. Also,
enforcement periods will be relatively
short. Furthermore, in certain instances
vessels may pass around an enforced
segment of the zone. Finally, transit
through an enforced segment of the zone
may be permitted by the Captain of the
Port, Sector Lake Michigan, or his or her
on-scene representative when deemed
practical.
On April 27, 2011, the Coast Guard
published a Notice of Proposed Rule
Making (NPRM) entitled Safety Zones;
Brandon Road Lock and Dam to Lake
Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal,
Chicago River, and CalumetSaganashkee Channel, Chicago, IL, in
the Federal Register (76 FR 23524). The
Coast Guard received zero public
submissions commenting on the impact
to small entities by this rule. There have
been no changes made to the rule as
proposed.
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 rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
On April 27, 2011, the Coast Guard
published a Notice of Proposed Rule
Making (NPRM) entitled Safety Zones;
Brandon Road Lock and Dam to Lake
Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal,
Chicago River, and CalumetSaganashkee Channel, Chicago, IL, in
the Federal Register (76 FR 23524). The
Coast Guard received zero public
submissions commenting on the impact
to small entities by this rule. There have
been no changes made to the rule as
proposed.
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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 rule
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
On April 27, 2011, the Coast Guard
published a Notice of Proposed Rule
Making (NPRM) entitled Safety Zones;
Brandon Road Lock and Dam to Lake
Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal,
Chicago River, and CalumetSaganashkee Channel, Chicago, IL, in
the Federal Register (76 FR 23524). The
Coast Guard received zero public
submissions commenting on the impact
to small entities by this rule. There have
been no changes made to the rule as
proposed.
Taking of Private Property
This 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.
On April 27, 2011, the Coast Guard
published a Notice of Proposed Rule
Making (NPRM) entitled Safety Zones;
Brandon Road Lock and Dam to Lake
Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal,
Chicago River, and CalumetSaganashkee Channel, Chicago, IL, in
the Federal Register (76 FR 23524). The
Coast Guard received zero public
submissions commenting on the impact
to small entities by this rule. There have
been no changes made to the rule as
proposed.
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.
On April 27, 2011, the Coast Guard
published a Notice of Proposed Rule
Making (NPRM) entitled Safety Zones;
Brandon Road Lock and Dam to Lake
Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal,
Chicago River, and CalumetSaganashkee Channel, Chicago, IL, in
the Federal Register (76 FR 23524). The
Coast Guard received zero public
submissions commenting on the impact
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to small entities by this rule. There have
been no changes made to the rule as
proposed.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
On April 27, 2011, the Coast Guard
published a Notice of Proposed Rule
Making (NPRM) entitled Safety Zones;
Brandon Road Lock and Dam to Lake
Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal,
Chicago River, and CalumetSaganashkee Channel, Chicago, IL, in
the Federal Register (76 FR 23524). The
Coast Guard received zero public
submissions commenting on the impact
to small entities by this rule. There have
been no changes made to the rule as
proposed.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
On April 27, 2011, the Coast Guard
published a Notice of Proposed Rule
Making (NPRM) entitled Safety Zones;
Brandon Road Lock and Dam to Lake
Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal,
Chicago River, and CalumetSaganashkee Channel, Chicago, IL, in
the Federal Register (76 FR 23524). The
Coast Guard received zero public
submissions commenting on the impact
to small entities by this rule. There have
been no changes made to the rule as
proposed.
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
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Federal Register / Vol. 76, No. 116 / Thursday, June 16, 2011 / Rules and Regulations
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
On April 27, 2011, the Coast Guard
published a Notice of Proposed Rule
Making (NPRM) entitled Safety Zones;
Brandon Road Lock and Dam to Lake
Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal,
Chicago River, and CalumetSaganashkee Channel, Chicago, IL, in
the Federal Register (76 FR 23524). The
Coast Guard received zero public
submissions commenting on the impact
to small entities by this rule. There have
been no changes made to the rule as
proposed.
mstockstill on DSK4VPTVN1PROD with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
On April 27, 2011, the Coast Guard
published a Notice of Proposed Rule
Making (NPRM) entitled Safety Zones;
Brandon Road Lock and Dam to Lake
Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal,
Chicago River, and CalumetSaganashkee Channel, Chicago, IL, in
the Federal Register (76 FR 23524). The
Coast Guard received zero public
submissions commenting on the impact
to small entities by this rule. There have
been no changes made to the rule as
proposed.
Environment
We have analyzed this 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
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significant effect on the human
environment. Therefore, this 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 rule involves the
establishing of a safety zone. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES. The Coast Guard’s
responsibilities to assess environmental
impacts extend only to the creation of
the 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 amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; 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
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35109
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.
(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 July 18, 2011.
(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.
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(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 email 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
VerDate Mar<15>2010
16:24 Jun 15, 2011
Jkt 223001
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: June 3, 2011.
L. Barndt,
Captain, U.S. Coast Guard Captain of the
Port, U.S. Coast Guard Sector Lake Michigan.
[FR Doc. 2011–14925 Filed 6–15–11; 8:45 am]
BILLING CODE 9110–04–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 302–16
[FTR Amendment 2011–02; FTR Case 2011–
306; Docket Number 2011–0013, Sequence
1]
RIN 3090–AJ17
Federal Travel Regulation (FTR);
Miscellaneous Expense Allowance
(MEA)
Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Final rule.
AGENCY:
GSA is amending the Federal
Travel Regulation (FTR) by increasing
the set lump-sum rate amount to be paid
for the miscellaneous expenses
allowance (MEA), when the employee
chooses not to provide documentation
of miscellaneous expenses.
DATES: Effective date: This final rule is
effective on July 18, 2011.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat (MVCB), 1275
First Street, NE., Washington, DC 20417,
(202) 501–4755, for information
pertaining to status or publication
schedules. For clarification of content,
contact Rick Miller, Office of
Governmentwide Policy, Travel
Management Policy, at (202) 501–3822
or e-mail at rodney.miller@gsa.gov.
Please cite FTR Amendment 2011–02;
FTR case 2011–306.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
Pursuant to 5 U.S.C. 5738, the
Administrator of General Services is
authorized to prescribe regulations
necessary to implement laws regarding
Federal employees when assigned a
temporary change of station or when
otherwise officially relocated. The
overall implementing authority is the
Federal Travel Regulation (FTR) (41
CFR Chapters 300–304).
Pursuant to 5 U.S.C. 5724a(f), an
employee who is transferred in the
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
interest of the Government is entitled to
reimbursement for certain
miscellaneous expenses. The purpose of
the miscellaneous expense allowance
(MEA) is to defray various contingent
costs associated with discontinuing a
residence at one location and
establishing a residence at a new
location. The costs covered include
items such as fees for disconnecting and
connecting appliances, cutting and
fitting rugs, draperies, and curtains
moved from one residence to another,
utility fees or deposits that are not offset
by eventual refunds, forfeiture of
medical, dental, and other nontransferrable contracts, and the cost of
automobile registration and driver’s
licenses.
The FTR provides that a MEA may be
paid in one of two alternative amounts.
A transferring employee without an
immediate family is automatically
entitled to a lump-sum of one week’s
basic gross pay, up to $500, and an
employee with an immediate family is
entitled to a lump-sum of two weeks’
basic gross pay, up to $1000. If
additional amounts are justified, with
supporting documentation, MEA may be
reimbursed up to a maximum of one or
two weeks basic pay depending on
whether or not the employee has an
immediate family, not to exceed the
maximum rate payable for a position at
GS–13, Step 10, of the General Schedule
provided in 5 U.S.C. 5332. Since the
establishment of MEA in 1966, the
lump-sum has only been increased
twice. The last increase was on February
19, 2002.
This final rule will revise section
302–16.102 of the FTR by increasing the
lump sums from $500 to $650 for
employees with no immediate family
and from $1000 to $1300, for employees
who have an immediate family. These
figures are based upon an increase in
the Consumer Price Index.
This final rule also makes one clerical
correction to section 302–16.104.
B. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This is not
a significant regulatory action and,
therefore, was not subject to review
E:\FR\FM\16JNR1.SGM
16JNR1
]]>Agencies
[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Rules and Regulations]
[Pages 35106-35110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14925]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a permanent safety zone from
Brandon Road Lock and Dam to Lake Michigan. This 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, branches
of the Chicago River, and the Calumet-Saganashkee Channel. This 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 safety zone, this safety
zone will 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: This rule is effective July 18, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket USCG-2011-0228 and are available online at https://www.regulations.gov. This material is 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, WI 53207, between 8 a.m.
[[Page 35107]]
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call BM1 Adam Kraft, Prevention Department, Coast Guard Sector Lake
Michigan, Milwaukee, WI at (414) 747-7148 or e-mail him at
Adam.D.Kraft@uscg.mil. 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 April 27, 2011, we published a Notice of Proposed Rule Making
(NPRM) entitled Safety Zones; 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, in the
Federal Register (76 FR 23524). We received zero letters commenting on
the proposed rule. No public meeting was requested, and none was held.
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 6.5ms.
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 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, is establishing a permanent
safety zone along the same waterways covered in the previously
published TIR. Like the safety zone established in the TIR, this 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 Comments and Changes
No comments on the proposed rulemaking were received and no changes
are being made to the rule.
Regulatory Analysis
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be minimal. This
determination is based on the following: (1) While this rule
establishes 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 rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will 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
[[Page 35108]]
safety zone. This rule will not have a significant impact on a
substantial number of small entities because only small segments of the
safety zone will be enforced at any one time. Also, enforcement periods
will be relatively short. Furthermore, in certain instances vessels may
pass around an enforced segment of the zone. Finally, transit through
an enforced segment of the zone may be permitted by the Captain of the
Port, Sector Lake Michigan, or his or her on-scene representative when
deemed practical.
On April 27, 2011, the Coast Guard published a Notice of Proposed
Rule Making (NPRM) entitled Safety Zones; 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, in
the Federal Register (76 FR 23524). The Coast Guard received zero
public submissions commenting on the impact to small entities by this
rule. There have been no changes made to the rule as proposed.
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
On April 27, 2011, the Coast Guard published a Notice of Proposed
Rule Making (NPRM) entitled Safety Zones; 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, in
the Federal Register (76 FR 23524). The Coast Guard received zero
public submissions commenting on the impact to small entities by this
rule. There have been no changes made to the rule as proposed.
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 rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
On April 27, 2011, the Coast Guard published a Notice of Proposed
Rule Making (NPRM) entitled Safety Zones; 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, in
the Federal Register (76 FR 23524). The Coast Guard received zero
public submissions commenting on the impact to small entities by this
rule. There have been no changes made to the rule as proposed.
Taking of Private Property
This 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.
On April 27, 2011, the Coast Guard published a Notice of Proposed
Rule Making (NPRM) entitled Safety Zones; 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, in
the Federal Register (76 FR 23524). The Coast Guard received zero
public submissions commenting on the impact to small entities by this
rule. There have been no changes made to the rule as proposed.
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.
On April 27, 2011, the Coast Guard published a Notice of Proposed
Rule Making (NPRM) entitled Safety Zones; 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, in
the Federal Register (76 FR 23524). The Coast Guard received zero
public submissions commenting on the impact to small entities by this
rule. There have been no changes made to the rule as proposed.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
On April 27, 2011, the Coast Guard published a Notice of Proposed
Rule Making (NPRM) entitled Safety Zones; 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, in
the Federal Register (76 FR 23524). The Coast Guard received zero
public submissions commenting on the impact to small entities by this
rule. There have been no changes made to the rule as proposed.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
On April 27, 2011, the Coast Guard published a Notice of Proposed
Rule Making (NPRM) entitled Safety Zones; 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, in
the Federal Register (76 FR 23524). The Coast Guard received zero
public submissions commenting on the impact to small entities by this
rule. There have been no changes made to the rule as proposed.
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
[[Page 35109]]
has not designated it as a significant energy action. Therefore, it
does not require a Statement of Energy Effects under Executive Order
13211.
On April 27, 2011, the Coast Guard published a Notice of Proposed
Rule Making (NPRM) entitled Safety Zones; 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, in
the Federal Register (76 FR 23524). The Coast Guard received zero
public submissions commenting on the impact to small entities by this
rule. There have been no changes made to the rule as proposed.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
On April 27, 2011, the Coast Guard published a Notice of Proposed
Rule Making (NPRM) entitled Safety Zones; 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, in
the Federal Register (76 FR 23524). The Coast Guard received zero
public submissions commenting on the impact to small entities by this
rule. There have been no changes made to the rule as proposed.
Environment
We have analyzed this 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 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 rule involves the establishing of a safety
zone. An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES. The Coast Guard's responsibilities to assess environmental
impacts extend only to the creation of the 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 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. 1231; 46 U.S.C. Chapter 701; 50 U.S.C.
191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295,
116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
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.
(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 July 18, 2011.
(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.
[[Page 35110]]
(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 email 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: June 3, 2011.
L. Barndt,
Captain, U.S. Coast Guard Captain of the Port, U.S. Coast Guard Sector
Lake Michigan.
[FR Doc. 2011-14925 Filed 6-15-11; 8:45 am]
BILLING CODE 9110-04-P
