[Federal Register: November 14, 2005 (Volume 70, Number 218)]
[Proposed Rules]
[Page 69128-69130]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no05-27]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-131]
RIN 1625-AA11
Regulated Navigation Area, Chicago Sanitary and Ship Canal,
Romeoville, IL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a permanent
regulated navigation area on the Chicago Sanitary and Ship Canal on the
Illinois Waterway near Romeoville, IL. This permanent regulated
navigation area will place navigational and operational restrictions on
all vessels transiting through the demonstration electrical dispersal
barrier located on the Chicago Sanitary and Ship Canal. This regulated
navigation area is necessary to protect vessels and their crews from
harm as a result of electrical discharges emitting from the electrical
dispersal barrier as vessels transit over it.
DATES: Comments and related materials must reach the Coast Guard on or
before December 14, 2005.
ADDRESSES: You may mail comments and related material to Commander
(dpw-1) Ninth Coast Guard District, 1240 E.9th Street, Room 2069,
Cleveland, OH 44199. The Ninth Coast Guard District Planning and
Development Section (dpw-1) maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part of this docket and will be available for inspection or
copying between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have further questions on this
rule, contact CDR K. Phillips, Planning and Development Section, Ninth
Coast Guard District, Cleveland, OH at (216) 902-6045.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to submit comments and related materials. If you
submit a comment, please include your name and address, identify the
docket number for this rulemaking [CGD09-05-131], indicate the specific
section of this document to which each comment applies, and give the
reason for each comment. You may submit your comments and material by
mail (see ADDRESSES). If you submit them by mail or 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 them 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, which may result in a
modification to the rule.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a public meeting (see ADDRESSES) explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
On January 7, 2005, the U.S. Army Corps of Engineers, in close
coordination with the U. S. Coast Guard, conducted preliminary safety
tests on the electrical dispersal barrier located at Mile Marker 296.5
of the Chicago Sanitary and Ship Canal near Romeoville, IL. This
barrier was constructed to prevent Asian Carp from entering Lake
Michigan through the Illinois River system by generating a low-voltage
electric field across the canal. The Coast Guard and Army Corps of
Engineers conducted field tests to ensure the continued safe navigation
of commercial and recreational traffic across the barrier; however,
results indicated a significant arcing risk and hazardous electrical
discharges as vessels transited the barrier posing a significant risk
to navigation through the barrier. To mitigate these risks, the
proposed rule would place navigational and operational restrictions on
all vessels transiting through the vicinity.
On January 26, 2005 a regulated navigational area (RNA) was
published in the Federal Register (70 FR 3625) as a temporary final
rule. The temporary final rule was extended on August 10, 2005 (70 FR
46407). Testing has continued since the regulation was first proposed
in January 2005, but has not yet been completed. Preliminary results
indicate that further tests and analysis are warranted and that this
process may continue for an undetermined period of time. Therefore, the
Coast Guard is proposing to establish a permanent RNA.
[[Page 69129]]
Discussion of Rule
Until the potential electrical hazards can be rectified, the Coast
Guard will require vessels transiting the regulated navigation area to
adhere to specified operational and navigational requirements. The
regulated navigation area encompasses all waters of the Chicago
Sanitary and Ship Canal from the north side of the Romeo Highway Bridge
at Mile Marker 296.1 to the aerial pipeline arch located at Mile Marker
296.7. The requirements placed on vessels include: All vessels are
prohibited from loitering in the regulated navigation area, vessels may
enter the regulated navigation area for the sole purpose of transiting
to the other side, and must maintain headway throughout the transit,
all personnel on open decks must wear a Coast Guard approved Type I
personal flotation device while in the regulated navigation area,
vessels may not moor or lay up on the right or left descending banks in
the regulated navigation area, towboats may not make or break tows in
the regulated navigation area, vessels may not pass (meet or overtake)
in the regulated navigation area and must make a SECURITE call when
approaching the barrier to announce intentions and work out passing
arrangements on either side, and commercial tows transiting the
regulated navigation area must be made up with wire rope to ensure
electrical connectivity between all segments of the tow.
These restrictions are necessary for safe navigation of the
regulated navigation area and to ensure the safety of vessels and their
personnel as well as the public's safety due to the electrical
discharges noted during recent safety tests conducted by the Army Corps
of Engineers. Deviation from this rule is prohibited unless
specifically authorized by the Commander, Ninth Coast Guard District or
his designated representative. The Commander, Ninth Coast Guard
District will designate Captain of the Port, Lake Michigan as his
designated representative for the purposes of this rule.
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. It has not been reviewed by the Office of
Management and Budget 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. This determination is based on the fact that
traffic will still be able to transit through the RNA.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
We suspect that there may be small entities affected by this rule
but are unable to provide more definitive information as to the number
of small entities that may be affected. The risk, outlined above, is
severe and requires that immediate action be taken. The Coast Guard
will evaluate whether a substantial number of small entities are
affected as more information becomes available.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will have a
significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain 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 can better evaluate its
effects on them and participate in the rulemaking process. Small
businesses may send comments on actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business 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 1-888-REG-FAIR (1-888-734-3247).
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
[[Page 69130]]
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 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) from further
environmental documentation. This temporary rule establishes a
regulated navigation area and as such is covered by this paragraph.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are 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 categorically 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.
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. 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.
2. Add Sec. 165.923 to read as follows:
Sec. 165.923 Regulated Navigation Area between mile markers 296.1 and
296.7 of the Chicago Sanitary and Ship Canal located near Romeoville,
IL.
(a) Location. The following is a Regulated Navigation Area: All
waters of the Chicago Sanitary and Ship Canal, Romeoville, IL between
the north side of Romeo Road Bridge Mile Marker 296.1, and the south
side of the Aerial Pipeline Mile Marker 296.7.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.13 apply.
(2) All vessels are prohibited from loitering in the regulated
navigation area.
(3) Vessels may enter the regulated navigation area for the sole
purpose of transiting to the other side, and must maintain headway
throughout the transit.
(4) All personnel on open decks must wear a Coast Guard approved
Type I personal flotation device while in the regulated navigation
area.
(5) Vessels may not moor or lay up on the right or left descending
banks of the regulated navigation area.
(6) Towboats may not make or break tows in the regulated navigation
area.
(7) Vessels may not pass (meet or overtake) in the regulated
navigation area and must make a SECURITE call when approaching the
barrier to announce intentions and work out passing arrangements on
either side.
(8) Commercial tows transiting the regulated navigation area must
be made up with wire rope to ensure electrical connectivity between all
segments of the tow.
(c) Compliance. All persons and vessels shall comply with this rule
and any additional instructions of the Ninth Coast Guard District
Commander, or his designated representative. The Captain of the Port,
Lake Michigan is a designated representative of the District Commander
for the purposes of this rule.
Dated: October 31, 2005.
T.W. Sparks,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District,
Acting.
[FR Doc. 05-22497 Filed 11-10-05; 8:45 am]
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