Regulated Navigation Area; Lake Michigan, Chicago Harbor Lock, Chicago, IL to Calumet Harbor, Chicago, IL, 52591-52595 [2014-20939]
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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
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or ANAC’s authorized Designee. If approved
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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 https://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@
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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
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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 https://
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:
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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:
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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 https://
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
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–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
https://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:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) 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
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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 https://
www.regulations.gov and will include
any personal information you have
provided.
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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
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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.
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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
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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:
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• 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.
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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.
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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
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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
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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.
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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
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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: https://
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: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) 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 https://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 https://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 https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-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 https://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
