[Federal Register: August 30, 2005 (Volume 70, Number 167)]
[Rules and Regulations]
[Page 51262-51264]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au05-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-118]
RIN 1625-AA00
Safety Zone; Northerly Island, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Stormwater Conveyance System Construction Project located off of
Northerly Island, Lake Michigan, Chicago, IL. The safety zone is
necessary to protect vessels and persons from potential hazards during
the initial tunneling phase of the project. This phase will involve
extensive blasting operations. This safety zone is intended to restrict
vessels from a portion of Lake Michigan in Chicago, IL.
DATES: This rule is effective from 8 a.m. (local) on August 22, 2005
until 8 a.m. (local) on October 22, 2005. Captain of the Port Lake
Michigan or the on scene Patrol Commander may terminate this event at
anytime.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of the docket (CGD09-05-118], and are available for
inspection or copying at Commanding Officer, U.S. Coast Guard Marine
Safety Unit Chicago, 215 W. 83rd Street Suite D, Burr Ridge, IL, 60527,
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: LTJG Cameron Land, U.S. Coast Guard
Marine Safety Unit Chicago, at (630) 986-2155.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. This safety zone is temporary
in nature and limited time existed for an NPRM. The Coast Guard was not
made aware that this event was to take place with sufficient time to
allow for publication of an NPRM followed by a final rule. Under 5
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register. Delaying this rule would be impracticable and
immediate action is necessary to ensure the safety of personnel and
vessels during the operational period. During the enforcement of this
safety zone, comments will be accepted and reviewed and may result in a
modification to the rule.
Background and Purpose
A temporary safety zone is necessary to ensure the safety of
vessels and persons from the hazards associated with a construction
project on a navigable waterway. The Captain of the Port Lake Michigan
has determined this project in close proximity to watercraft (Burnham
Harbor) pose significant risks to public safety and property. Blasting
operations in close proximity to the water could easily result in
serious injuries or fatalities. Establishing a safety zone to control
vessel movement around the location of the blasting site will help
ensure the safety of persons and property and minimize the associated
risks. Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Lake Michigan
or his designated On-Scene Representative via VHF radio Channel 16.
Discussion of Rule
The safety zone will encompass all waters of Lake Michigan bounded
by the arc of a circle with a radius of 150-feet with its center at the
shoreline of Northerly Island in the approximate position
41[deg]51'12'' N, 087[deg]36'30'' W. These coordinates are based upon
North American Datum 1983 (NAD 1983). The size of this zone was
determined using the safety guidelines and safety plan provided by the
construction contractor and local knowledge concerning wind, waves, and
currents. All commercial and recreational vessels must contact
[[Page 51263]]
the Coast Guard Patrol Commander via VHF-FM Channel 16 to request
permission to transit through the safety zone.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
This finding is based on the relatively small percentage of vessels
that would fall within the applicability of the regulation, the
relatively small size of the limited area around the zone, the minimal
amount of time that vessels will be restricted when the zone is being
enforced. In addition, vessels that will need to enter the zone may
request permission on a case-by-case basis from the Captain of the Port
or the designated on-scene representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule may affect the following entities, some of which might be
small entities: The owners or operators of vessels intending to transit
through the safety zone in and around the area.
This proposed rule would not have a significant impact on a
substantial number of small entities because the restrictions affect
only a limited area for a short duration. Further, transit through the
zone may be permitted with proper authorization from the Captain of the
Port Lake Michigan or his designated representative. Additionally, the
opportunity to engage in recreational activities outside the limits of
the safety zone will not be disrupted.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Fairness Boards. The
Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-800-734-3247.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling
[[Page 51264]]
procedures; and related management systems practices) that are
developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides 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 there are no factors in this
case that would limit the use of a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we believe this rule should be
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. This safety zone
fits paragraph 34(g) because it establishes a safety zone.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be excluded from further environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C Chapter 701; 50 U.S.C.
191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat.2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T09.118 to read as follows:
Sec. 165.T09.118 Safety Zone; Northerly Island, Chicago, IL
(a) Location. The following is a safety zone: all waters of Lake
Michigan bounded by the arc of a circle with a radius of 150-feet with
its center at the shoreline of Northerly Island in the approximate
position 41[deg]51'12'' N, 087[deg]36'30'' W (NAD 1983).
(b) Effective time and date. This rule is effective from 8 a.m.
(local) August 22, 2005 until 8 a.m. (local) on October 22, 2005.
(c) Regulations. In accordance with Sec. 165.23, entry into this
zone is prohibited unless authorized by the Coast Guard Captain of the
Port, Lake Michigan, or the designated On-Scene Representative. Section
165.23 also contains other general requirements.
Dated: August 18, 2005.
H.M. Hamilton,
Commander, U.S. Coast Guard, Acting Captain of the Port Lake Michigan.
[FR Doc. 05-17160 Filed 8-29-05; 8:45 am]
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