[Federal Register: August 7, 2008 (Volume 73, Number 153)]
[Rules and Regulations]
[Page 45875-45879]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au08-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0470]
RIN 1625-AA11
Regulated Navigation Area and Safety Zone, Chicago Sanitary and
Ship Canal, Romeoville, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is revising the dates and is reinstating a
temporary regulated navigation area and safety zone on the Chicago
Sanitary and Ship Canal near Romeoville, IL. This regulated navigation
area and safety zone places navigational and operational restrictions
on all vessels transiting through the electrical dispersal barrier IIA.
DATES: This rule is effective from September 03, 2008 to October 15,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0470 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: The 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the U.S.
Coast Guard Sector Lake Michigan, 2420 South Lincoln Memorial Drive,
Milwaukee, Wisconsin 53207, between 8:30 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions regarding this
rule call CDR Tim Cummins, Deputy Prevention Division, Ninth Coast
Guard District, telephone 216-902-6045. If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 2, 2008 we published a Temporary Final Rule (73 FR 37810).
This Temporary Final Rule revises dates and reinstates the Temporary
Final Rule published on July 2, 2008.
Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause
exists for not publishing an NPRM. This regulated navigation area and
safety zone is being implemented to ensure continued safe
[[Page 45876]]
navigation of commercial and recreational traffic. Accordingly, it
requires immediate activation. 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 contrary to the public interest of ensuring the safety of
persons and vessels and immediate action is necessary to prevent
possible loss of life or property.
Background and Purpose
The electrodes on the demonstration electrical dispersal barrier 1
located between Mile Markers 296.1 and 296.7 of the Chicago Sanitary
and Ship Canal are beginning to fail. 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 Army Corps of Engineers intends to shutdown barrier 1 and
begin the process of replacing the barrier electrodes which run across
the bottom of the canal. Divers will be in the water and a barge-
mounted crane will be operating during maintenance operations to
barrier 1. Electrical dispersal barrier IIA located on the Chicago
Sanitary and Ship Canal 270 feet south of Mile Marker 296.1 to Mile
Marker 296.7 will be in operation while repairs are being made to
demonstration electrical dispersal barrier 1. Barrier IIA will operate
continuously for a two week period before taking barrier 1 off line for
electrode replacement. Electrical dispersal barrier IIA generates a
more powerful electric field than barrier 1 over a larger area within
the Chicago Sanitary and Ship Canal.
The Coast Guard and U.S. Army Corps of Engineers conducted field
tests to ensure the continued safe navigation of commercial and
recreational traffic across the barrier; however, results indicated an
arcing risk and hazardous electrical discharges as vessels transited
the barrier posing a serious risk to navigation through the barrier. To
mitigate these risks, navigational and operational restrictions will be
placed on all vessels transiting through the vicinity. 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. This regulation
will be 43 days in length to provide enough time for maintenance to be
performed to the barrier. This type of maintenance has never been
performed on Barrier I and therefore, an extended amount of time was
requested in the event it is needed.
Discussion of Rule
This rule will suspend 33 CFR 165.923 and place additional
restrictions on all vessels transiting through electrical dispersal
barrier IIA located on the Chicago Sanitary and Ship Canal from
September 03, 2008 until October 15, 2008. The regulated navigation
area encompasses all waters of the Chicago Sanitary and Ship Canal 270
feet south of the Romeo Road Bridge Mile Marker 296.1 to the south side
of the Aerial Pipeline Mile Marker 296.7. The requirements placed on
all vessels include: All up-bound and down-bound barge tows that
contain one or more Red Flag barges transiting through the restricted
navigation area must be assisted by a bow boat at least one mile above
the restricted navigation area to at least one mile below the
restricted navigation area. Red Flag barges are barges containing
hazardous materials as identified by Commodity Codes:
01 (Empty with previous hazardous material)
20 (Petroleum and Petroleum Products)
21 (Crude Petroleum)
22 (Gasoline, Jet Fuel and Kerosene)
23 (Distillate, Residual and other Fuel Oils; Lubricating Oils and
Greases)
24 (Petroleum Pitches, Coke Asphalt, Naphtha and Solvents)
30 (Chemicals and Related Products)
31 (Fertilizer-Nitrogenous, Potassic, Phosphatic and Others)
32 (Organic Industrial Chemicals {Crude Products{time} from Coal,
Tar, Petroleum and Natural Gas, Dyes, Organic Pigment Dying and Tanning
Materials, Alcohols, Benzene; Inorganic Industrial Chemicals {Sodium
Hydroxide{time} ; Radioactive and Associated Materials; Drugs)
The U.S. Army Corps of Engineers will contract bow boat assistance
for barge tows containing one or more Red Flag barges. Information on
how to contact the contractor for bow boat assistance will be provided
to the public in a Broadcast Notice to Mariners. Towing assistance will
be provided from at least one mile above the restricted navigation area
to at least one mile below the restricted navigation area.
This rule prohibits all vessels 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. The rule also requires all personnel on
open decks to wear a Coast Guard approved Type I personal flotation
device while in the regulated navigation area. In addition, 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. All vessels must make a SECURITE call
when approaching the barrier to announce intentions and work out
passing arrangements on either side. Finally, 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 safety tests conducted by the U.S. 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.
A temporary safety zone will be in place while repairs are being
made to barrier 1. This temporary safety zone is necessary to ensure
the safety of workers and vessels during maintenance operations to
barrier 1 on the Chicago and Sanitary Ship Canal.
The maintenance on barrier 1 will occur between 7 a.m., September
15, 2008 and 5 p.m., October 15, 2008. The safety zone will be enforced
from 7 a.m. to 12 p.m. and 1 p.m. to 5 p.m. on September 15, 2008
through October 15, 2008. The safety zone will encompass all waters of
the Chicago Sanitary Ship Canal from mile marker 296.1 to mile marker
296.7.
The Captain of the Port will cause notice of enforcement of the
safety zone established by this section to be made by all appropriate
means to the affected segments of the public. Such means of
notification will include, but is not limited to, Broadcast Notice to
Mariners and Local Notice to Mariners. The Captain of the Port will
issue a Broadcast Notice to Mariners notifying the public when
enforcement of the safety zone is terminated.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
[[Page 45877]]
Regulatory Planning and Review
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.
This determination is based on the fact that traffic will still be
able to transit through the regulated navigation area and the minimal
time that vessels will be restricted from the safety zone. The safety
zone is an area where the Coast Guard expects insignificant adverse
impact to mariners from the zones' activation.
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
would not have a significant economic impact on a substantial number of
small entities.
This rule would affect the following entities, some of which might
be small: The owners and operators of vessels intending to transit or
anchor in a portion of the Chicago Sanitary Ship Canal from September
03, 2008 to October 15, 2008.
This regulated navigation area and safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons. Vessel traffic will be able to transit
through the regulated navigation area. The U.S. Army Corps of Engineers
will contract bow boat assistance for barge tows containing one or more
Red Flag barges. Vessel traffic will only be limited for one five hour
period and one four hour period each day the safety zone is in effect.
In the event this temporary safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port Lake
Michigan to transit through the safety zone. The Coast Guard will give
notice to the public via a Broadcast Notice to Mariners that the
regulation is in effect.
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 want to assist small
entities in understanding the rule so that they could 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 CDR Tim Cummins, Deputy
Prevention Division, Ninth Coast Guard District, 1240 East Ninth
Street, Cleveland, OH 44199; 216-902-6049. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
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 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 would not result in such 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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these regulations and fishing rights
protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes
that have questions concerning the provisions of this rule or options
for compliance are encouraged to contact the point of contact listed
under FOR FURTHER INFORMATION CONTACT.
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
[[Page 45878]]
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 procedure;
and related management system 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
and Department of Homeland Security Management Directive 5100.1, 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, under the Instruction, that this action is
not likely to have a significant effect on the human environment. A
preliminary ``Environmental Analysis Check List'' supporting this
preliminary determination is available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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.
Sec. 165.923 [Suspended]
0
2. Section 165.923 is suspended from September 03, 2008 until October
15, 2008.
0
3. A new temporary section 165.T09-4002 is added as follows:
Sec. 165.T09-4002 Temporary Regulated Navigation Area, Chicago
Sanitary and Ship Canal, Romeoville, IL.
(a) Regulated Navigation Area. The following is a Regulated
Navigation Area: All waters of the Chicago Sanitary and Ship Canal,
Romeoville, IL, 270 feet south of the Romeo Road Bridge Mile Marker
296.1 to the south side of the Aerial Pipeline Mile Marker 296.7.
(b) Effective period. This section is effective from September 03,
2008 until October 15, 2008.
(c) Definitions. The following definitions apply to this section:
Designated representative means the Captain of the Port Lake Michigan.
Red Flag barges means barges containing hazardous materials as
identified by the following Commodity Codes:
(1) 01 (Empty with previous hazardous material);
(2) 20 (Petroleum and Petroleum Products);
(3) 21 (Crude Petroleum);
(4) 22 (Gasoline, Jet Fuel and Kerosene);
(5) 23 (Distillate, Residual and other Fuel Oils; Lubricating Oils
and Greases);
(6) 24 (Petroleum Pitches, Coke Asphalt, Naphtha and Solvents);
(7) 30 (Chemicals and Related Products);
(8) 31 (Fertilizer-Nitrogenous, Potassic, Phosphatic and Others);
and
(9) 32 (Organic Industrial Chemicals {Crude Products{time} from
Coal, Tar, Petroleum and Natural Gas, Dyes, Organic Pigment Dying and
Tanning Materials, Alcohols, Benzene; Inorganic Industrial Chemicals
{Sodium Hydroxide{time} ; Radioactive and Associated Materials; Drugs)
(d) Regulations. (1) The general regulations contained in 33 CFR
165.13 apply.
(2) All up-bound and down-bound barge tows that contain one or more
Red Flag barges transiting through the restricted navigation area must
be assisted by a bow boat until the entire tow is clear of the expanded
restricted navigation area boundaries.
(i) Information on how to contact the contractor for bow boat
assistance will be provided to the public in a Broadcast Notice to
Mariners.
(ii) Towing assistance will be provided from at least one mile
above the restricted navigation area to as least one mile below the
restricted navigation area.
(3) All vessels are prohibited from loitering in the regulated
navigation area.
(4) Vessels may enter the regulated navigation area for the sole
purpose of transiting to the other side, and must maintain headway
throughout the transit.
(5) All personnel on open decks must wear a Coast Guard approved
Type I personal flotation device while in the regulated navigation
area.
(6) Vessels may not moor or lay up on the right or left descending
banks of the regulated navigation area.
(7) Towboats may not make or break tows in the regulated navigation
area.
(8) 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.
(9) Commercial tows transiting the regulated navigation area must
be made up with wire rope to ensure electrical connectivity between all
segments of the tow.
(e) Compliance. All persons and vessels must comply with this
section and any additional instructions of the Ninth Coast Guard
District Commander, or his designated representative.
0
4. A new temporary section 165.T09-4003 is added as follows:
Sec. 165.T09-4003 Safety Zone; Chicago Sanitary and Ship Canal,
Romeoville, IL.
(a) Safety Zone. The following area is a temporary safety zone: All
waters of the Chicago Sanitary and Ship Canal from mile marker 296.1 to
296.7.
(b) Effective period. This regulation is effective from 7 a.m.,
September 15, 2008, to 5 p.m., October 15, 2008. The safety zone will
be enforced from 7 a.m. to 12 p.m. and 1 p.m. to 5 p.m. on September
15, 2008, through October 15, 2008.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port Lake Michigan, or his on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Lake Michigan or his on-scene
representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his on-scene representative may be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Lake
[[Page 45879]]
Michigan or his on-scene representative to obtain permission to do so.
Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Lake Michigan or his on-scene representative.
Dated: July 29, 2008.
Peter V. Neffenger,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. E8-18078 Filed 8-6-08; 8:45 am]
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