Regulated Navigation Area; Lake Michigan, Chicago Harbor Lock, Chicago, IL to Calumet Harbor, Chicago, IL, 52591-52595 [2014-20939]

Download as PDF Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Proposed Rules using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Todd Thompson, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone 425–227–1175; fax 425–227–1149. Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM– 116, Transport Airplane Directorate, FAA; or ˆ Agencia Nacional de Aviacao Civil (ANAC); ¸˜ or ANAC’s authorized Designee. If approved by the ANAC Designee, the approval must include the Designee’s authorized signature. (j) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian Airworthiness Directive 2014–01–01, dated January 20, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA–2014–0622. (2) For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical Publications Section (PC 060), Av. Brigadeiro ˜ Faria Lima, 2170—Putim—12227–901 Sao Jose dos Campos—SP—BRASIL; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; email distrib@ embraer.com.br; Internet http:// www.flyembraer.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Issued in Renton, Washington, on August 25, 2014. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. tkelley on DSK3SPTVN1PROD with PROPOSALS [FR Doc. 2014–21059 Filed 9–3–14; 8:45 am] BILLING CODE 4910–13–P VerDate Mar<15>2010 16:36 Sep 03, 2014 Jkt 232001 DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Chapter VII [Docket No. 140814670–4670–01] Effectiveness of Licensing Procedures for Agricultural Commodities to Cuba Bureau of Industry and Security, Commerce. ACTION: Request for comments. AGENCY: The Bureau of Industry and Security (BIS) is requesting public comments on the effectiveness of its licensing procedures as defined in the Export Administration Regulations for the export of agricultural commodities to Cuba. BIS will include a description of these comments in its biennial report to Congress, as required by the Trade Sanctions Reform and Export Enhancement Act of 2000, as amended. DATES: Comments must be received by October 6, 2014. ADDRESSES: Comments may be submitted to the Federal eRulemaking portal (www.regulations.gov). The regulations.gov ID for this notice is: BIS–2014–0034. Comments may also be sent by email to publiccomments@ bis.doc.gov with a reference to ‘‘TSRA 2014 Report’’ in the subject line. Paper comments may be submitted by mail to Regulatory Policy Division, Bureau of Industry and Security, U.S. Department of Commerce, Room 2099B, Washington, DC 20230 with a reference to ‘‘TSRA 2014 Report.’’ FOR FURTHER INFORMATION CONTACT: Tracy L. Patts, Office of Nonproliferation and Treaty Compliance, Telephone: (202) 482– 4252. Additional information on agricultural commodity export policy towards Cuba is available at http:// www.bis.doc.gov/index.php/policyguidance/country-guidance/13-policyguidance/country-guidance/187-cuba. SUPPLEMENTARY INFORMATION: Pursuant to section 906(a) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA) (22 U.S.C. 7205(a)), the Bureau of Industry and Security (BIS) authorizes exports of agricultural commodities, as defined in § 772.1 of the Export Administration Regulations (EAR) (15 CFR 772.1), to Cuba. Requirements and procedures associated with such authorization are set forth in § 740.18 of the EAR. These are the only licensing procedures in the EAR currently in effect pursuant to the requirements of section 906(a) of TSRA. Under the provisions of section 906(c) of TSRA (22 U.S.C. 7205(c)), BIS must SUMMARY: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 52591 submit a biennial report to Congress on the operation of the licensing system implemented pursuant to section 906(a) for the preceding two-year period. This report must include the number and types of licenses applied for, the number and types of licenses approved, the average amount of time elapsed from the date of filing of a license application until the date of its approval, the extent to which the licensing procedures were effectively implemented, and a description of comments received from interested parties during a 30-day public comment period about the effectiveness of the licensing procedures. BIS is currently preparing a biennial report on the operation of the licensing system for the two-year period from October 1, 2012, through September 30, 2014. Request for Comments By this notice, BIS requests public comments on the effectiveness of the licensing procedures for the export of agricultural commodities to Cuba set forth under § 740.18 of the EAR. Parties submitting comments are asked to be as specific as possible. All comments received by the close of the comment period will be considered by BIS in developing the report to Congress. All comments must be in writing and will be available for public inspection and copying. Any information that the commenter does not wish to be made available to the public should not be submitted to BIS. Dated: August 29, 2014. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2014–21081 Filed 9–3–14; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2014–0592] RIN 1625–AA11 Regulated Navigation Area; Lake Michigan, Chicago Harbor Lock, Chicago, IL to Calumet Harbor, Chicago, IL Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to establish a regulated navigation area for waters of Lake Michigan within 5 nautical miles from shore from the Chicago Harbor Lock, Chicago, Illinois SUMMARY: E:\FR\FM\04SEP1.SGM 04SEP1 52592 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Proposed Rules to Calumet Harbor, Chicago, Illinois. This regulated navigation area is intended to allow barges to transit an alternate route on a portion of Lake Michigan due to the temporary closure of the Thomas J. O’Brien Lock on RM 326.5 on the Calumet River. This proposed regulated navigation area is necessary to ensure vessel safety and facilitate commerce. 1. Submitting Comments If you have questions on this rule, call or email Lieutenant Heidi Bragalone, U.S. Coast Guard Marine Safety Unit Chicago; telephone 630–986–2131, email Heidi.E.Bragalone@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366– 9826. If you submit a comment, please include the docket number for this rulemaking (USCG–2014–0592), 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 at http:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a 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://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–2014–0592’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your 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 the rule based on your comments. SUPPLEMENTARY INFORMATION: 2. Viewing Comments and Documents Table of Acronyms To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number USCG–2014–0592 in the ‘‘SEARCH’’ box and click ‘‘Search.’’ Click on Open Docket Folder on the line associated with this rulemaking. 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. Comments and related material must be received by the Coast Guard on or before October 6, 2014. DATES: You may submit comments identified by docket number USCG– 2014–0592 using any one of the following methods: (1) Federal eRulemaking Portal: http://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) 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. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. To avoid duplication, please use only one of these four methods. ADDRESSES: FOR FURTHER INFORMATION CONTACT: DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking RNA Regulated Navigation Area tkelley on DSK3SPTVN1PROD with PROPOSALS A. 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:// www.regulations.gov and will include any personal information you have provided. VerDate Mar<15>2010 16:36 Sep 03, 2014 Jkt 232001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 3. 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). 4. Public Meeting We do not now plan to hold a public meeting. 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. B. Regulatory History and Information On June 4, 2014, Coast Guard Marine Safety Unit Chicago, Willowbrook, Illinois hosted a meeting with industry stakeholders and the United States Army Corps of Engineers to discuss the upcoming closure of the Thomas J. O’Brien Lock between November 3, 2014, and March 6, 2015. The Thomas J. O’Brien Lock permits barge traffic to transit the Illinois River System from Calumet Harbor to Chicago Harbor, Illinois. To facilitate commerce during the projected closure of the Thomas J. O’Brien Lock, it was determined during the meeting that barges could be transported on an alternate route on Lake Michigan through the Chicago Harbor Lock, Chicago, Illinois. Because federal regulations for inspected and uninspected barges do not address this temporary alternate route, it was also determined that requirements for safe operation of barges were necessary for the transit to Chicago Harbor Lock, Chicago, Illinois from Calumet Harbor, Chicago, Illinois. In order to establish safe operating requirements for the temporary alternate route, the District Commander is establishing a regulated navigation area. For uninspected dry cargo river barges, Table 45.171 in 46 CFR 45.171 was used as a reference to establish safe operating parameters. The barge requirements found in the voyage listed between Calumet Harbor, Chicago, Illinois and Burns Harbor, Indiana were used for an uninspected dry cargo river barge transiting the temporary alternate route between Calumet Harbor, Chicago, Illinois and Chicago Harbor Lock, Chicago, Illinois. For inspected river barges, specialservice-limited-domestic-voyages E:\FR\FM\04SEP1.SGM 04SEP1 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Proposed Rules regulations in 46 CFR part 44, Great Lakes load lines regulations in 46 CFR part 45, and Section 14 of the United States Coast Guard Load Line Policy Notes were used as a reference. These regulations and Coast Guard policy outlined the requirements for an inspected river barge transiting the temporary alternate route between Calumet Harbor, Chicago, Illinois and Chicago Harbor Lock, Chicago, Illinois. Inspected river barges typically carry petroleum or chemical cargoes. tkelley on DSK3SPTVN1PROD with PROPOSALS C. Basis and Purpose The legal basis for this proposed rule is the Coast Guard’s authority to establish RNAs and limited access areas: 33 U.S. C. 1226, 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, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. Between November 3, 2014, and March 6, 2015, the United States Army Corps of Engineers anticipates closing the Thomas J. O’Brien Lock for two 45day periods in order to perform maintenance on the lock. The Thomas J. O’Brien Lock closures present a significant challenge to the barge industry and an alternate route is necessary in order to sustain commerce. Further safe operating requirements for this temporary alternate route are necessary to ensure safety of transiting barge traffic. D. Discussion of Proposed Rule This proposed regulated navigation area is necessary to facilitate commerce and establish safe operating requirements for this temporary alternate route. Thus, this proposed rule would establish an RNA on the waters of Lake Michigan, between Chicago Harbor Lock, Chicago, Illinois and Calumet Harbor, Chicago, Illinois, within 5 nautical miles from shore. This proposed regulated navigation area would be effective and enforced from November 1, 2014, through March 31, 2015. The enforcement dates and times for this regulated navigation area are subject to change. In the event of a change, the Ninth District Commander will provide notice to the public by issuing a Notice of Enforcement for publication in the Federal Register, and announcing a Broadcast Notice to Mariners. The Ninth District Commander will notify the public that the regulated navigation area in this proposal is or will be enforced in accordance with 33 CFR 165.7(a). Such means of notification may include publication in VerDate Mar<15>2010 16:36 Sep 03, 2014 Jkt 232001 the Federal Register, Broadcast Notice to Mariners, or Local Notice to Mariners. Inspected and uninspected river barges transiting this regulated navigation area, would need to operate in accordance with the following regulations: Uninspected Dry Cargo Barges In accordance with 46 CFR 45.171, unmanned dry cargo river barges transiting between Chicago Harbor Lock, Chicago, Illinois and Calumet Harbor, Chicago, Illinois must meet the requirements for voyages between Burns Harbor, Indiana and Calumet Harbor, Chicago, Illinois outlined in Table 45.171 of 46 CFR 45.171, as follows: • Load line requirement: Conditionally exempted from load line assignment. • Where to register/apply: Exempted barges must be registered with the USCG Marine Safety Unit Chicago, 555A Plainfield Road, Willowbrook, IL 60527; Fax (630) 986–2120. • Eligible barges are dry cargo river barges, built and maintained in accordance with ABS River Rules, Length-to-depth ratio is less than 22, and all weathertight and watertight closures are in proper working condition. There is no age limitation. • Barges freeboard must be at least 24 inches (610mm). On open hopper barges, the coaming height + freeboard must be at least 54 inches (1,372 mm). • Tow limitations: Barges must be unmanned. Barges must transit within 5 nautical miles from shore. There is no limit on the number of barges in tow. • Cargo limitations: Dry cargoes only. Liquid cargoes, even in drums or tank containers, are prohibited. No hazardous materials. HazMats are defined in 46 CFR part 148 and 49 CFR chapter 1, subchapter C. • Weather limitations: Voyages will be conducted in ‘‘Fair weather’’ only. If worse conditions arise during the transit, the voyage must be discontinued and tow must proceed to shelter. • Pre-departure preparations: Required; as specified in 46 CFR 45.191. • Tow requirements: Æ Power: sufficient to handle tow. Æ Communication system: Recommended; 46 CFR 45.195(a). Æ Cutting gear: Recommended; 46 CFR 45.195(b). Æ Operational plan: Recommended; 46 CFR 45.197. Coast Guard Inspected Tank Barges Unmanned inspected river barges operating between Chicago Harbor Lock, Chicago, Illinois and Calumet Harbor, Chicago, Illinois must meet the following requirements: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 52593 • Markings: Great Lakes diamond without seasonal marks. • Stability: Applicable 46 CFR subchapter S requirements. • Strength: ABS Rules for Rivers and Intracoastal Waterways. Tank barges over 300 feet in length must have loading information per 46 CFR 31.10– 32. • Freeboard: Dry cargo and tank barges are to comply with the freeboard requirements of 46 CFR Part 45. Dry cargo barges will not be assessed penalties for hatch coaming or hatch cover deficiencies. • Load Line Certificate: Great Lakes certificate with the following notation: ‘‘This certificate is valid only for unmanned fair weather voyages between Calumet Harbor, Chicago, Illinois and Burns Harbor, Indiana.’’ • Operating restrictions: Voyages will be conducted in ‘‘Fair weather’’ only. If worse conditions arise during the transit, the voyage must be discontinued and tow must proceed to shelter. Barges must transit within 5 nautical miles of shore. E. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 1. 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, or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. It is not ‘‘significant’’ under the regulatory policies and procedures of the Department of Homeland Security (DHS). We conclude that this proposed rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. This proposed regulated navigation area is intended to facilitate commerce and will not restrict navigation because it will allow barges to transit an additional route without making any changes to the current barge requirements. Overall, we expect the economic impact of this proposed rule to be minimal and that a full Regulatory Evaluation is unnecessary. E:\FR\FM\04SEP1.SGM 04SEP1 52594 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Proposed Rules 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S. C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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 will not have a significant economic impact on a substantial number of small entities. This proposed regulated navigation area will not have a significant economic impact on a substantial number of small entities because it is intended to facilitate commerce and will not restrict navigation because it will allow barges to transit an additional route without making any changes to the current barge requirements. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. tkelley on DSK3SPTVN1PROD with PROPOSALS 3. 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. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact Lieutenant Heidi Bragalone, Waterways Management Branch, Coast Guard Marine Safety Unit Chicago, Willowbrook, IL at (630) 986–2131. 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. 4. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520.). 5. 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 VerDate Mar<15>2010 16:36 Sep 03, 2014 Jkt 232001 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. Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 6. Protest Activities This proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. 7. 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 expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would 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. 9. 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. 10. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 12. Energy Effects 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary environmental analysis checklist supporting this determination is available in the docket where indicated under ADDRESSES. This proposed rule involves the establishment of a regulated navigation area and is therefore categorically excluded under figure 2–1, paragraph 34(g) of the Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine Safety, Navigation (water), Reporting and record keeping 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. E:\FR\FM\04SEP1.SGM 04SEP1 Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Proposed Rules Subpart F—Specific Regulated Navigation Areas and Limited Access Areas 2. Add § 165.T09–0592 under the undesignated center heading ‘‘Ninth Coast Guard District’’ to read as follows: ■ tkelley on DSK3SPTVN1PROD with PROPOSALS § 165.T09–0592 Regulated Navigation Area, Lake Michigan; Chicago Harbor Lock, Chicago, IL to Calumet Harbor, Chicago, IL. (a) Location. All waters of Lake Michigan, between Chicago Harbor Lock, Chicago, Illinois to Calumet Harbor, Chicago, Illinois, extending within 5 nautical miles from shore. (b) Effective period and enforcement. The regulated navigation area described in paragraph (a) of this section will be effective from November 1, 2014, through March 31, 2015. This section is expected to be enforced from November 1, 2014, through March 31, 2015, but the enforcement dates and times for this regulated navigation area are subject to change. In the event of a change, the Ninth District Commander will provide notice to the public by issuing a Notice of Enforcement for publication in the Federal Register, and announcing a Broadcast Notice to Mariners. (c) Regulations. (1) In accordance with 46 CFR 45.171, unmanned dry cargo river barges transiting between Chicago Harbor Lock, Chicago, Illinois and Calumet Harbor, Chicago, Illinois must meet the requirements for voyages between Burns Harbor, Indiana and Calumet Harbor, Chicago, Illinois outlined in Table 45.171 of 46 CFR 45.171, as follows: (i) Load line requirement: Conditionally exempted from load line assignment. (ii) Where to register/apply: Exempted barges must be registered with the USCG Marine Safety Unit, 555A Plainfield Road, Willowbrook, IL 60527; Fax (630) 986–2120. (iii) Eligible barges are dry cargo river barges, built and maintained in accordance with ABS River Rules, Length-to-depth ratio is less than 22, and all weathertight and watertight closures are in proper working condition. There is no age limitation. (iv) Barges freeboard must be at least 24 inches (610mm). On open hopper barges, the coaming height + freeboard must be at least 54 inches (1,372 mm) (v) Tow limitations: Barges must be unmanned. Barges must transit within 5 nautical miles from shore. There is no limit on the number of barges in tow. (vi) Cargo limitations: Dry cargoes only. Liquid cargoes, even in drums or tank containers, are prohibited. No hazardous materials. Hazardous materials are defined in 46 CFR part 148 and 49 CFR chapter 1, subchapter C. VerDate Mar<15>2010 16:36 Sep 03, 2014 Jkt 232001 (vii) Weather limitations: Voyages will be conducted in ‘‘Fair weather’’ only. If worse conditions arise during the transit, the voyage must be discontinued and tow must proceed to shelter. (viii) Pre-departure preparations: Required; as specified in 46 CFR 45.191. (ix) Tow requirements: (A) Power: sufficient to handle tow. (B) Communication system: Recommended; 46 CFR 45.195(a). (C) Cutting gear: Recommended; 46 CFR 45.195(b). (D) Operational plan: Recommended; 46 CFR 45.197. (2) Unmanned inspected river barges operating between Chicago Harbor Lock, Chicago, Illinois and Calumet Harbor, Chicago, Illinois must meet the following requirements: (i) Markings: Great Lakes diamond without seasonal marks. (ii) Stability: Applicable 46 CFR subchapter S requirements. (iii) Strength: ABS Rules for Rivers and Intracoastal Waterways. Tank barges over 300 feet in length must have loading information per 46 CFR 31.10– 32. (iv) Freeboard: Dry cargo and tank barges are to comply with the freeboard requirements of 46 CFR Part 45. Dry cargo barges will not be assessed penalties for hatch coaming or hatch cover deficiencies. (v) Load Line Certificate: Great Lakes certificate with the following notation: ‘‘This certificate is valid only for unmanned fair weather voyages between Calumet Harbor, Chicago, Illinois and Burns Harbor, Indiana.’’ (vi) Operating restrictions: Voyages will be conducted in ‘‘Fair weather’’ only. If worse conditions arise during the transit, the voyage must be discontinued and tow must proceed to shelter. Barges must transit within 5 nautical miles from shore. Dated: August 8, 2014. F.M. Midgette, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2014–20939 Filed 9–3–14; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 52595 DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 13 [NPS–AKRO–15122; PPAKAKROZ5, PPMPRLE1Y.L00000] RIN 1024–AE21 Alaska; Hunting and Trapping in National Preserves National Park Service, Interior. Proposed rule. AGENCY: ACTION: The National Park Service proposes to amend its regulations for sport hunting and trapping in National Preserves in Alaska. This proposed rule would not adopt state laws or regulations that authorize taking of wildlife, hunting or trapping activities, or management actions involving predator reduction efforts with the intent or potential to alter or manipulate natural predator-prey dynamics and associated natural ecological processes to increase harvest of ungulates by humans. The rule would maintain longstanding prohibited sport hunting and trapping practices; update procedures for closing an area or restricting an activity in National Park Service areas in Alaska; update obsolete subsistence regulations; prohibit obstructing persons engaged in lawful hunting or trapping; and authorize use of native species as bait for fishing. DATES: Comments must be received by December 3, 2014. ADDRESSES: You may submit comments, identified by Regulation Identifier Number (RIN) 1024–AE21, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail or hand deliver to: National Park Service, Regional Director, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 99501. Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking. All comments received will be posted without change to www.regulations.gov, including any personal information provided. For additional information see ‘‘Public Participation’’ under SUPPLEMENTARY INFORMATION below. FOR FURTHER INFORMATION CONTACT: Andee Sears, Regional Law Enforcement Specialist, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 99501. Phone (907) 644–3417. Email: AKR_ Regulations@nps.gov. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\04SEP1.SGM 04SEP1

Agencies

[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Proposed Rules]
[Pages 52591-52595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20939]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0592]
RIN 1625-AA11


Regulated Navigation Area; Lake Michigan, Chicago Harbor Lock, 
Chicago, IL to Calumet Harbor, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a regulated navigation 
area for waters of Lake Michigan within 5 nautical miles from shore 
from the Chicago Harbor Lock, Chicago, Illinois

[[Page 52592]]

to Calumet Harbor, Chicago, Illinois. This regulated navigation area is 
intended to allow barges to transit an alternate route on a portion of 
Lake Michigan due to the temporary closure of the Thomas J. O'Brien 
Lock on RM 326.5 on the Calumet River. This proposed regulated 
navigation area is necessary to ensure vessel safety and facilitate 
commerce.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 6, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0592 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://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) 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.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Heidi Bragalone, U.S. Coast Guard Marine 
Safety Unit Chicago; telephone 630-986-2131, email 
Heidi.E.Bragalone@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

A. 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://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2014-0592), 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 at http://www.regulations.gov, or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online, it will be considered received by the Coast Guard when 
you successfully transmit the comment. If you fax, hand deliver, or 
mail your comment, it will be considered as having been received by the 
Coast Guard when it is received at the Docket Management Facility. We 
recommend that you include your name and a mailing address, an email 
address, or a 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://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-2014-0592'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your 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 
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2014-0592 in the ``SEARCH'' box and click 
``Search.'' Click on Open Docket Folder on the line associated with 
this rulemaking. 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.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. 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.

B. Regulatory History and Information

    On June 4, 2014, Coast Guard Marine Safety Unit Chicago, 
Willowbrook, Illinois hosted a meeting with industry stakeholders and 
the United States Army Corps of Engineers to discuss the upcoming 
closure of the Thomas J. O'Brien Lock between November 3, 2014, and 
March 6, 2015. The Thomas J. O'Brien Lock permits barge traffic to 
transit the Illinois River System from Calumet Harbor to Chicago 
Harbor, Illinois. To facilitate commerce during the projected closure 
of the Thomas J. O'Brien Lock, it was determined during the meeting 
that barges could be transported on an alternate route on Lake Michigan 
through the Chicago Harbor Lock, Chicago, Illinois. Because federal 
regulations for inspected and uninspected barges do not address this 
temporary alternate route, it was also determined that requirements for 
safe operation of barges were necessary for the transit to Chicago 
Harbor Lock, Chicago, Illinois from Calumet Harbor, Chicago, Illinois. 
In order to establish safe operating requirements for the temporary 
alternate route, the District Commander is establishing a regulated 
navigation area.
    For uninspected dry cargo river barges, Table 45.171 in 46 CFR 
45.171 was used as a reference to establish safe operating parameters. 
The barge requirements found in the voyage listed between Calumet 
Harbor, Chicago, Illinois and Burns Harbor, Indiana were used for an 
uninspected dry cargo river barge transiting the temporary alternate 
route between Calumet Harbor, Chicago, Illinois and Chicago Harbor 
Lock, Chicago, Illinois.
    For inspected river barges, special-service-limited-domestic-
voyages

[[Page 52593]]

regulations in 46 CFR part 44, Great Lakes load lines regulations in 46 
CFR part 45, and Section 14 of the United States Coast Guard Load Line 
Policy Notes were used as a reference. These regulations and Coast 
Guard policy outlined the requirements for an inspected river barge 
transiting the temporary alternate route between Calumet Harbor, 
Chicago, Illinois and Chicago Harbor Lock, Chicago, Illinois. Inspected 
river barges typically carry petroleum or chemical cargoes.

C. Basis and Purpose

    The legal basis for this proposed rule is the Coast Guard's 
authority to establish RNAs and limited access areas: 33 U.S. C. 1226, 
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, 160.5; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    Between November 3, 2014, and March 6, 2015, the United States Army 
Corps of Engineers anticipates closing the Thomas J. O'Brien Lock for 
two 45-day periods in order to perform maintenance on the lock. The 
Thomas J. O'Brien Lock closures present a significant challenge to the 
barge industry and an alternate route is necessary in order to sustain 
commerce. Further safe operating requirements for this temporary 
alternate route are necessary to ensure safety of transiting barge 
traffic.

D. Discussion of Proposed Rule

    This proposed regulated navigation area is necessary to facilitate 
commerce and establish safe operating requirements for this temporary 
alternate route. Thus, this proposed rule would establish an RNA on the 
waters of Lake Michigan, between Chicago Harbor Lock, Chicago, Illinois 
and Calumet Harbor, Chicago, Illinois, within 5 nautical miles from 
shore.
    This proposed regulated navigation area would be effective and 
enforced from November 1, 2014, through March 31, 2015.
    The enforcement dates and times for this regulated navigation area 
are subject to change. In the event of a change, the Ninth District 
Commander will provide notice to the public by issuing a Notice of 
Enforcement for publication in the Federal Register, and announcing a 
Broadcast Notice to Mariners.
    The Ninth District Commander will notify the public that the 
regulated navigation area in this proposal is or will be enforced in 
accordance with 33 CFR 165.7(a). Such means of notification may include 
publication in the Federal Register, Broadcast Notice to Mariners, or 
Local Notice to Mariners.
    Inspected and uninspected river barges transiting this regulated 
navigation area, would need to operate in accordance with the following 
regulations:

Uninspected Dry Cargo Barges

    In accordance with 46 CFR 45.171, unmanned dry cargo river barges 
transiting between Chicago Harbor Lock, Chicago, Illinois and Calumet 
Harbor, Chicago, Illinois must meet the requirements for voyages 
between Burns Harbor, Indiana and Calumet Harbor, Chicago, Illinois 
outlined in Table 45.171 of 46 CFR 45.171, as follows:
     Load line requirement: Conditionally exempted from load 
line assignment.
     Where to register/apply: Exempted barges must be 
registered with the USCG Marine Safety Unit Chicago, 555A Plainfield 
Road, Willowbrook, IL 60527; Fax (630) 986-2120.
     Eligible barges are dry cargo river barges, built and 
maintained in accordance with ABS River Rules, Length-to-depth ratio is 
less than 22, and all weathertight and watertight closures are in 
proper working condition. There is no age limitation.
     Barges freeboard must be at least 24 inches (610mm). On 
open hopper barges, the coaming height + freeboard must be at least 54 
inches (1,372 mm).
     Tow limitations: Barges must be unmanned. Barges must 
transit within 5 nautical miles from shore. There is no limit on the 
number of barges in tow.
     Cargo limitations: Dry cargoes only. Liquid cargoes, even 
in drums or tank containers, are prohibited. No hazardous materials. 
HazMats are defined in 46 CFR part 148 and 49 CFR chapter 1, subchapter 
C.
     Weather limitations: Voyages will be conducted in ``Fair 
weather'' only. If worse conditions arise during the transit, the 
voyage must be discontinued and tow must proceed to shelter.
     Pre-departure preparations: Required; as specified in 46 
CFR 45.191.
     Tow requirements:
    [cir] Power: sufficient to handle tow.
    [cir] Communication system: Recommended; 46 CFR 45.195(a).
    [cir] Cutting gear: Recommended; 46 CFR 45.195(b).
    [cir] Operational plan: Recommended; 46 CFR 45.197.

Coast Guard Inspected Tank Barges

    Unmanned inspected river barges operating between Chicago Harbor 
Lock, Chicago, Illinois and Calumet Harbor, Chicago, Illinois must meet 
the following requirements:
     Markings: Great Lakes diamond without seasonal marks.
     Stability: Applicable 46 CFR subchapter S requirements.
     Strength: ABS Rules for Rivers and Intracoastal Waterways. 
Tank barges over 300 feet in length must have loading information per 
46 CFR 31.10-32.
     Freeboard: Dry cargo and tank barges are to comply with 
the freeboard requirements of 46 CFR Part 45. Dry cargo barges will not 
be assessed penalties for hatch coaming or hatch cover deficiencies.
     Load Line Certificate: Great Lakes certificate with the 
following notation: ``This certificate is valid only for unmanned fair 
weather voyages between Calumet Harbor, Chicago, Illinois and Burns 
Harbor, Indiana.''
     Operating restrictions: Voyages will be conducted in 
``Fair weather'' only. If worse conditions arise during the transit, 
the voyage must be discontinued and tow must proceed to shelter. Barges 
must transit within 5 nautical miles of shore.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes and executive orders.

1. 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, or under section 1 of Executive 
Order 13563. The Office of Management and Budget has not reviewed it 
under those Orders. It is not ``significant'' under the regulatory 
policies and procedures of the Department of Homeland Security (DHS). 
We conclude that this proposed rule is not a significant regulatory 
action because we anticipate that it will have minimal impact on the 
economy, will not interfere with other agencies, will not adversely 
alter the budget of any grant or loan recipients, and will not raise 
any novel legal or policy issues. This proposed regulated navigation 
area is intended to facilitate commerce and will not restrict 
navigation because it will allow barges to transit an additional route 
without making any changes to the current barge requirements. Overall, 
we expect the economic impact of this proposed rule to be minimal and 
that a full Regulatory Evaluation is unnecessary.

[[Page 52594]]

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S. C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 will not have a significant economic impact on a 
substantial number of small entities.
    This proposed regulated navigation area will not have a significant 
economic impact on a substantial number of small entities because it is 
intended to facilitate commerce and will not restrict navigation 
because it will allow barges to transit an additional route without 
making any changes to the current barge requirements. If you think that 
your business, organization, or governmental jurisdiction qualifies as 
a small entity and that this rule would have a significant economic 
impact on it, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and how and to what degree this rule would 
economically affect it.

3. 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. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Heidi Bragalone, 
Waterways Management Branch, Coast Guard Marine Safety Unit Chicago, 
Willowbrook, IL at (630) 986-2131. 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.

4. Collection of Information

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

5. 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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. 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 expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. 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.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of a regulated navigation area and is 
therefore categorically excluded under figure 2-1, paragraph 34(g) of 
the Instruction. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record 
keeping 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

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, 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.

[[Page 52595]]

Subpart F--Specific Regulated Navigation Areas and Limited Access 
Areas

0
2. Add Sec.  165.T09-0592 under the undesignated center heading ``Ninth 
Coast Guard District'' to read as follows:


Sec.  165.T09-0592  Regulated Navigation Area, Lake Michigan; Chicago 
Harbor Lock, Chicago, IL to Calumet Harbor, Chicago, IL.

    (a) Location. All waters of Lake Michigan, between Chicago Harbor 
Lock, Chicago, Illinois to Calumet Harbor, Chicago, Illinois, extending 
within 5 nautical miles from shore.
    (b) Effective period and enforcement. The regulated navigation area 
described in paragraph (a) of this section will be effective from 
November 1, 2014, through March 31, 2015. This section is expected to 
be enforced from November 1, 2014, through March 31, 2015, but the 
enforcement dates and times for this regulated navigation area are 
subject to change. In the event of a change, the Ninth District 
Commander will provide notice to the public by issuing a Notice of 
Enforcement for publication in the Federal Register, and announcing a 
Broadcast Notice to Mariners.
    (c) Regulations. (1) In accordance with 46 CFR 45.171, unmanned dry 
cargo river barges transiting between Chicago Harbor Lock, Chicago, 
Illinois and Calumet Harbor, Chicago, Illinois must meet the 
requirements for voyages between Burns Harbor, Indiana and Calumet 
Harbor, Chicago, Illinois outlined in Table 45.171 of 46 CFR 45.171, as 
follows:
    (i) Load line requirement: Conditionally exempted from load line 
assignment.
    (ii) Where to register/apply: Exempted barges must be registered 
with the USCG Marine Safety Unit, 555A Plainfield Road, Willowbrook, IL 
60527; Fax (630) 986-2120.
    (iii) Eligible barges are dry cargo river barges, built and 
maintained in accordance with ABS River Rules, Length-to-depth ratio is 
less than 22, and all weathertight and watertight closures are in 
proper working condition. There is no age limitation.
    (iv) Barges freeboard must be at least 24 inches (610mm). On open 
hopper barges, the coaming height + freeboard must be at least 54 
inches (1,372 mm)
    (v) Tow limitations: Barges must be unmanned. Barges must transit 
within 5 nautical miles from shore. There is no limit on the number of 
barges in tow.
    (vi) Cargo limitations: Dry cargoes only. Liquid cargoes, even in 
drums or tank containers, are prohibited. No hazardous materials. 
Hazardous materials are defined in 46 CFR part 148 and 49 CFR chapter 
1, subchapter C.
    (vii) Weather limitations: Voyages will be conducted in ``Fair 
weather'' only. If worse conditions arise during the transit, the 
voyage must be discontinued and tow must proceed to shelter.
    (viii) Pre-departure preparations: Required; as specified in 46 CFR 
45.191.
    (ix) Tow requirements:
    (A) Power: sufficient to handle tow.
    (B) Communication system: Recommended; 46 CFR 45.195(a).
    (C) Cutting gear: Recommended; 46 CFR 45.195(b).
    (D) Operational plan: Recommended; 46 CFR 45.197.
    (2) Unmanned inspected river barges operating between Chicago 
Harbor Lock, Chicago, Illinois and Calumet Harbor, Chicago, Illinois 
must meet the following requirements:
    (i) Markings: Great Lakes diamond without seasonal marks.
    (ii) Stability: Applicable 46 CFR subchapter S requirements.
    (iii) Strength: ABS Rules for Rivers and Intracoastal Waterways. 
Tank barges over 300 feet in length must have loading information per 
46 CFR 31.10-32.
    (iv) Freeboard: Dry cargo and tank barges are to comply with the 
freeboard requirements of 46 CFR Part 45. Dry cargo barges will not be 
assessed penalties for hatch coaming or hatch cover deficiencies.
    (v) Load Line Certificate: Great Lakes certificate with the 
following notation: ``This certificate is valid only for unmanned fair 
weather voyages between Calumet Harbor, Chicago, Illinois and Burns 
Harbor, Indiana.''
    (vi) Operating restrictions: Voyages will be conducted in ``Fair 
weather'' only. If worse conditions arise during the transit, the 
voyage must be discontinued and tow must proceed to shelter. Barges 
must transit within 5 nautical miles from shore.

    Dated: August 8, 2014.
F.M. Midgette,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2014-20939 Filed 9-3-14; 8:45 am]
BILLING CODE 9110-04-P