[Federal Register: April 22, 2005 (Volume 70, Number 77)]
[Rules and Regulations]
[Page 20809-20811]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap05-2]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-009]
RIN 1625-AA00
Safety Zone; Chicago Sanitary and Ship Canal, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone around the tank
barge EMC423 during salvage operations. This safety zone is necessary
to ensure the safety of workers and divers during salvage operations of
the tank barge EMC423. The temporary safety zone prohibits persons or
vessels from entering the zone unless authorized by the Captain of the
Port Chicago or the designated on-scene representative.
DATES: This rule is effective from 5 p.m. on April 5, 2005, until 5 p.m
on May 31, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of the docket (CGD09-05-009], and are available for
inspection or copying at Commanding Officer, U.S. Coast Guard Marine
Safety Office 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 Office 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. 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 contrary to
public interest as boating season is resuming and immediate action is
necessary to clear the barge from the canal and perform clean up of the
surrounding area; further, immediate action is necessary to ensure the
safety of persons and vessels during the salvage operations and to
prevent possible loss of life or property. 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
On January 19, 2005, the tank barge EMC423 was involved in a marine
casualty on the Chicago Sanitary and Ship Canal (CSSC) at Mile Marker
317.5. The barge sustained an explosion and partially sank with a full
load of clarified slurry oil on board. Salvage and recovery operations
are underway. With the change in weather and increase in recreational
vessel traffic in the area, the Captain of the Port Chicago finds it
necessary to implement operational restrictions and control vessel
traffic through the area to protect response workers, vessels
transiting the zone, and to maintain the integrity of the site.
Discussion of Rule
This rule establishes a safety zone from bank-to-bank beginning at
the Cicero Avenue Bridge at Mile Marker 317.3 and ending at the Belt
Railroad Bridge at Mile Marker 317.5 on the Chicago Sanitary and Ship
Canal.
Vessels will not be allowed to enter the safety zone, without the
express permission of the Captain of the Port Chicago or the designated
on-scene representative. It is anticipated that controlled passage of
vessels will be possible on a case-by-case basis.
Barges transiting the area will be limited to dry cargo, 35 foot
wide with drafts not exceeding 9-feet. Up bound tows are limited to one
barge. Down bound tows are limited to one loaded barge or two empty
barges. All down bound tows require a bow assist boat.
All commercial and recreational vessels must contact the Coast
Guard Forward Command Post via VHF-FM Channel 19 or land line at 630-
336-0291 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 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 access area around the EMC423 tank
barge, 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 representatives.
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 affects 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 sunken barge.
This rule would not have a significant impact on a substantial
number of small entities because the restrictions affect only a limited
area for a brief amount of time as this safety zone is effective only
when salvage operations on the tank barge EMC423 is underway. Further,
transit through the zone may be permitted with proper authorization
from the Captain of the Port Chicago 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
[[Page 20810]]
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. If the
rule will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact LTJG Cameron Land, Coast Guard
Marine Safety Office Chicago, at (630) 986-2155.
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
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 affect 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 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 concluded 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, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. Under figure 2-1, paragraph (34)(g) of the
Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
A final ``Environmental Analysis Check List'' and a final ``Categorical
Exclusion Determination'' will be available in the docket where
indicated under ADDRESSES.
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 amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 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. From 5 p.m. on April 5, 2005 until 5 p.m. on May 31, 2005 add Sec.
165.T09.009 to read as follows:
Sec. 165.T09.009 Safety Zone; Chicago Sanitary and Ship Canal,
Chicago, IL.
(a) Location. The following area is a safety zone: From bank-to-
bank beginning at the Cicero Avenue Bridge at Mile Marker 317.3 and
ending at the Belt Railroad Bridge at Mile Marker 317.5 on the Chicago
Sanitary and Ship Canal.
[[Page 20811]]
(b) Regulations. (1) In accordance with the general regulations in
165.23 of this part, vessels will not be allowed to enter the safety
zone without the express permission of the Captain of the Port Chicago
or the designated on-scene representative. It is anticipated that
controlled passage of vessels will be possible on a case-by-case basis.
(2) Barges transiting the area will be limited to dry cargo, 35
foot wide with drafts not exceeding 9-feet. Up bound tows are limited
to one barge. Down bound tows are limited to one loaded barge or two
empty barges. All down bound tows require a bow assist boat.
(3) All commercial and recreational vessels must contact the Coast
Guard Forward Command Post via VHF-FM Channel 19 or land line at 630-
336-0291 to request permission to transit through the safety zone.
(c) Effective Date. This regulation is effective from 5 pm on April
05, 2005, through 5 pm on May 31, 2005, unless cancelled sooner by the
Captain of the Port Chicago by Broadcast Notice to Mariners.
Dated: April 5, 2005.
T.W. Carter,
Captain, U.S. Coast Guard, Captain of the Port, Chicago.
[FR Doc. 05-8071 Filed 4-21-05; 8:45 am]
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