[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Rules and Regulations]
[Pages 26094-26098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11083]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0166]
RIN 1625-AA00
Safety Zone, Brandon Road Lock and Dam to Lake Michigan including
Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and
Calumet-Saganashkee Channel, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone from
Brandon Road Lock and Dam to Lake Michigan. This temporary safety zone
will cover 77 miles of navigable waterways in the Chicago area. This
temporary interim rule is intended to restrict vessels from entering
certain segments of the navigable waters of the Des Plaines River, the
Chicago Sanitary and Ship Canal (CSSC), branches of the Chicago River,
and the Calumet-Saganashkee Channel (Cal-Sag Channel). This temporary
safety zone is necessary to protect the waters, waterway users and
vessels from hazards associated with a myriad of actions designed to
control the spread of aquatic nuisance species. Because Federal and
State agencies may take such actions at any time and in any segment of
the waterways covered by this temporary safety zone, this rule provides
the Captain of the Port, Sector Lake Michigan, the ability to take
targeted and expeditious action in order to protect vessels and persons
from the hazards associated with any Federal and State efforts to
control aquatic nuisance species.
DATES: Effective Date: This rule is effective in the CFR on May 11,
2010 through March 1, 2011. This rule is effective with actual notice
for purposes of enforcement on April 28, 2010. This rule will remain in
effect until March 1, 2011.
Comment Period: Comments and related material must reach the Coast
Guard on or before July 12, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0166 using any one of the following methods:
(1) Federal eRulemaking Portal: http://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) Hand 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.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call CDR Tim Cummins, Deputy Prevention Division, Ninth Coast Guard
District, telephone 216-902-6045, e-mail address
[email protected]. If you have questions related to the
application of piscicide, please contact Mr. Bill Bolen, U.S.
Environmental Protection Agency, Senior Advisor, Great Lakes National
Program Office, 77 W. Jackson Blvd., Chicago, Il. 60604, at (312) 353-
6316. If you have questions on viewing the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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 http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0166), 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 (via http://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, 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
received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and
mailing address, e-mail address, or 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 http://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-2010-0166'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit 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 this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0166'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of
[[Page 26095]]
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).
Public Meeting
We do not now plan to hold a public meeting. But 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.
Regulatory Information
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this temporary interim rule
because doing so would be both impracticable and contrary to the public
interest.
The serious threat posed by Asian Carp migration requires swift
development and implementation of Federal and State countermeasures to
fight the spread of this invasive species. The Coast Guard anticipates
that Federal and State agencies, intensely focused on controlling the
Asian Carp migration, will often act with little notice when
implementing their countermeasures. Because the Coast Guard expects
these countermeasures to pose serious risks to life and property along
the waterways discussed in this rule, it is necessary that the Coast
Guard stand at the ready to rapidly respond to any action taken by
Federal or State agents. Waiting for the NPRM process to run would
delay the Coast Guard's readiness to protect the general public and
therefore, is impracticable and contrary to the public interest.
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. Just like with the NPRM process,
waiting 30 days after this rule's publication in the Federal Register
for it to go into effect would delay the Coast Guard's readiness and
ability to respond commensurate to any swift action taken by Federal
and State agencies. Delaying the effective date of this rule,
therefore, is impracticable and contrary to the public interest.
While we are issuing this regulation under the good cause
provisions of the APA, we do value public input into our rulemaking.
For this reason, we request comments on this rule and may change the
provisions of this temporary regulation in response to comments.
Background and Purpose
In 2007, the Department of the Interior through the Fish and
Wildlife Service listed the Asian Carp and the Silver Carp as Injurious
Wildlife Species. Based upon testing conducted by the United States
Army Corps of Engineers (USACE), the Asian Carp is presently migrating
toward the Great Lakes through the Chicago Sanitary and Ship Canal and
connected tributaries. If these aquatic nuisance species reach the
Great Lakes in sufficient numbers, scientists are concerned that they
might devastate the Great Lakes commercial and sport fishing
industries.
The Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990, as amended by the National Invasive Species Act of 1996,
authorized the USACE to conduct a demonstration project to identify an
environmentally sound method for preventing and reducing the dispersal
of non-indigenous aquatic nuisance species through the Chicago Sanitary
and Ship Canal. The USACE selected an electric barrier because it is a
non-lethal deterrent with a proven history, which does not overtly
interfere with navigation in the canal.
A demonstration dispersal barrier (Barrier I) was constructed and
has been in operation since April 2002. It is located approximately 30
miles from Lake Michigan and creates an electric field in the water by
pulsing low voltage DC current through steel cables secured to the
bottom of the canal. A second barrier (Barrier IIA) was constructed 800
to 1300 feet downstream of the Barrier I. Barrier IIA is currently
operating at two volts per inch. Construction on a third barrier
(Barrier IIB) is in the initial stages; Barrier IIB will augment the
capabilities of Barriers I and IIA and may allow for maintenance
operations without the use of aquatic nuisance species countermeasures.
In November 2009, the USACE announced that it had discovered
environmental DNA (E-DNA) north of the fish barrier suggesting the
potential presence of Asian Carp. A possible explanation of barrier
circumvention by the aquatic nuisance species was through flooding in
parallel waterways, or the inadvertent transport of eggs, gametes or
juvenile carp in the non-potable water of vessels transiting the
barrier.
The USACE is conducting further investigations to detect the
potential presence of Asian Carp and other aquatic nuisance species
both north and south of the fish barrier. Upon detection of the
presence of Asian Carp or other aquatic nuisance species within any
segment of the waterways covered by this safety zone, the USACE, along
with its Federal and State partners, may take action designed to
control the spread of aquatic nuisance species, within the area of
detection, as soon as practically possible. Due to the possibility of
Asian Carp fish or eggs circumventing the fish barrier, the USACE and
the Illinois Department of Natural Resources (IDNR) may conduct aquatic
nuisance species countermeasures in the vicinity of the fish barrier.
One of the primary aquatic nuisance species countermeasures will be
the application of piscicide. The effective application of piscicide is
essential in preventing the Asian carp from entering the Great Lakes.
IDNR reports that vessels moored along waterways could create pockets
or eddies where the piscicide is not able to reach all of the targeted
aquatic nuisance species. As such, the Captain of the Port, Sector Lake
Michigan, must be able to order a vessel's immediate removal from any
enforced portion of the temporary safety zone. Exceptions may possibly
be granted upon the review of the Captain of the Port, Sector Lake
Michigan.
Another aquatic nuisance species countermeasure that may be
employed will be targeted fishing operations. Fishing nets may be
deployed across the channel for extended periods of time which would
have an adverse effect on vessel traffic.
The intent of aquatic nuisance species countermeasure operations by
the USACE and IDNR is to eradicate any Asian Carp or other aquatic
nuisance species that may be present in the waterways subject to this
temporary safety zone. The countermeasures taken by the USACE and IDNR
may have fatal effects to native fish species, in addition to the
targeted invasive species. Therefore, the USACE and IDNR will
specifically target those portions of waterways suspected of containing
Asian Carp and other aquatic nuisance species.
[[Page 26096]]
Discussion of Rule
This rule places a temporary safety zone on 77 miles of waterways
from Brandon Road Lock and Dam (mile marker 286.0) to Lake Michigan,
including the waterways of the Des Plaines River, the CSSC, branches of
the Chicago River, and the Calumet-Saganashkee Channel (Cal-Sag
Channel). The Coast Guard has deemed this temporary safety zone
necessary to protect the waters, commercial vessels and recreational
boaters who transit the area during the application of aquatic nuisance
species countermeasures. Because it is difficult to predict with
certainty the type and degree of aquatic nuisance countermeasures that
might be in place along the affected waterways one year from now, this
rule is temporary in nature and expires on March 11, 2011. This rule
does not amend, remove or supersede 33 CFR Sec. 165.T09-1080, which
was published in the January 6, 2010 issue of the Federal Register (75
FR 759) to establish a safety zone and regulated navigation area (RNA)
on the CSSC near Romeo Road Bridge, Romeoville, IL, or any other
regulation currently applicable to the waterways covered by this safety
zone.
The Captain of the Port, Sector Lake Michigan, may enforce this
safety zone in whole or in segments. Although the safety zone may be
enforced in its entirety, it is the intention of the Captain of the
Port, Sector Lake Michigan to enforce the safety zone, depending on the
circumstances, in the smallest segments possible. By enforcing only
segments of the safety zone, the Captain of the Port, Sector Lake
Michigan, retains the flexibility to focus enforcement efforts only on
those portions of the safety zone actually affected by aquatic nuisance
species countermeasures. It is expected that this enforcement scheme
will minimize waterway closures and any corresponding effects on vessel
traffic. Any segment of the temporary safety zone to be enforced shall
be delineated by mile markers and/or landmarks (e.g., Romeo Road
Bridge).
Vessels may transit through any portion of the safety zone that is
not being enforced. Entry into, transiting, mooring, laying up, or
anchoring within an enforced segment of the safety zone, however, is
prohibited unless authorized by the Captain of the Port, Sector Lake
Michigan, or his or her designated representative. All vessels desiring
to enter a segment of a waterway in which this safety zone is being
enforced must obtain permission from the Captain of the Port, Sector
Lake Michigan, to do so and must follow all orders from the Captain of
the Port, Sector Lake Michigan, or his or her designated representative
while in the zone.
Even during periods of enforcement, the Captain of the Port, Sector
Lake Michigan, will make every effort to permit vessel entry into any
enforced segment of the safety zone until on-scene preparations begin
for aquatic nuisance species countermeasures. Once on-scene
preparations begin and until clean-up is complete, however, no vessel,
except those being used for aquatic nuisance species countermeasures or
having permission from the Captain of the Port, Sector Lake Michigan,
will be permitted to enter or remain in an enforced segment of the
safety zone.
As the necessary clean up actions are completed, the Captain of the
Port, Sector Lake Michigan, will begin to re-open segments of the
waterways in an effort to minimize disruption or waterway use. As soon
as the aquatic nuisance species eradication efforts are complete, the
safety zone will no longer be enforced and the Captain of the Port,
Sector Lake Michigan, will notify the public of such by all appropriate
means. Such means of notification include, but are not limited, to
Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port, Sector Lake Michigan, maintains a live
radio watch on VHF Channel 16 and a telephone line that is manned 24-
hours a day, seven days a week. The public can obtain information
concerning enforcement of the safety zone by contacting the Captain of
the Port, Sector Lake Michigan, via the Coast Guard Sector Lake
Michigan Command Center at 414-747-7182.
Regulatory Analyses
We developed this temporary interim 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.
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.
We expect the economic impact of this rule to be minimal. This
determination is based the following: (1) While this rule will
establish a temporary safety zone that is 77 miles long, the Captain of
the Port, Sector Lake Michigan, will have the authority to divide the
safety zone into segments for enforcement purposes. The Captain of the
Port, Sector Lake Michigan, will have the flexibility to enforce the
safety zone in only the segments of the safety zone affected by the
application of piscicide, targeted fishing operations, or other
countermeasures to address the problem of aquatic nuisance species
invasion; and (2) every effort will be made to reduce the closure time
of the enforced segments of the safety zone immediately following the
clean-up of the piscicide application.
Because such safety zones must be implemented immediately without a
full notice and comment period, the full economic impact of this rule
is difficult to determine at this time. The Coast Guard urges
interested parties to submit comments that specifically address the
economic impacts of waterway closures. Comments can be made online by
going to http://www.regulations.gov, inserting USCG-2010-0166 in the
``Keyword'' box, and then clicking ``Search.'' While this temporary
interim rule is effective immediately, we may make changes to it based
upon comments that we receive from the public.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this temporary interim 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.
This temporary interim rule does not require a general notice of
proposed rulemaking and, therefore, is exempt from the requirements of
the Regulatory Flexibility Act. If you are a small entity and feel that
this temporary interim rule would have a significant economic impact on
your business, please submit a comment to the docket, explaining the
impacts.
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 temporary interim rule so that they can
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees
[[Page 26097]]
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). The Coast Guard will not retaliate against small
entities that question or complain about this temporary interim rule or
any policy or action of the Coast Guard.
Collection of Information
This temporary interim rule calls for no new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
Federalism
A temporary interim 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 temporary interim 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 (adjusted for
inflation) 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 temporary interim rule will 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.
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
temporary interim 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 temporary interim 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 temporary interim 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 temporary interim rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
Environment
We have analyzed this temporary interim 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 concluded that this action is one of the category of
actions which do not individually or cumulatively have significant
effect on the human environment. Therefore, this rule is categorically
excluded, under section 2.B.2 Figure 2-1, paragraph (34)(g), of the
Instruction and neither an environmental assessment nor an
environmental impact statement is required. This rule involves the
establishing, disestablishing, or changing of a security or safety
zone. An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES. The Coast Guard's environmental responsibilities extend only
to the creation of a safety zone and do not include the application of
piscicide or any other countermeasures to combat invasive species.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard temporarily
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, 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.
0
2. From May 11, 2010 until March 1, 2011, add Sec. 165.T09-0166 to
read as follows:
Sec. 165.T09-0166 Safety Zone, Brandon Road Lock and Dam to Lake
Michigan including Des Plaines River, Chicago Sanitary and Ship Canal,
Chicago River, and Calumet-Saganashkee Channel, Chicago, IL.
(a) Location. The following areas are a temporary safety zone:
(1) Des Plaines River. All U.S. waters of the Des Plaines River
located between mile marker 286.0 (Brandon Road Lock and Dam) and mile
marker 290.0 (point at which the Des Plaines River connects
[[Page 26098]]
with the Chicago Sanitary and Ship Canal).
(2) Chicago Sanitary and Ship Canal. All U.S. waters of the Chicago
Sanitary and Ship Canal between mile marker 290.0 (point at which the
Chicago Sanitary and Ship Canal connects to the Des Plaines River) and
mile marker 321.8 (point at which the Chicago Sanitary and Ship Canal
Connects to the South Branch Chicago River).
(3) South Branch Chicago River. All U.S. waters of the South Branch
Chicago River between mile marker 321.8 (point at which the South
Branch Chicago River connects to the Chicago Sanitary and Ship Canal)
and mile marker 325.6 (point at which the South Branch Chicago River
connects to the Chicago River (Main Branch) and North Branch Chicago
River).
(4) Chicago River (Main Branch). All U.S. waters of the Chicago
River (Main Branch) between mile marker 325.6 (point at which the
Chicago River connects to the South Branch Chicago River) and 100 yards
extending past the end of the Chicago River covering the area of the
Federal channel within Chicago Harbor.
(5) North Branch Chicago River. All U.S. waters of the North Branch
Chicago River between mile marker 325.6 (point at which the North
Branch Chicago River connects to the Chicago River (Main Branch) and
the South Branch Chicago River) and mile marker 331.4 (end of
navigation channel).
(6) Calumet-Saganashkee Channel. All U.S. waters of the Calumet-
Saganashkee Channel between mile marker 303.5 (point at which the
Calumet-Saganashkee Channel connects to the Chicago Sanitary and Ship
Canal) and mile marker 333.0; all U.S. waters of the Calumet-
Saganashkee Channel between mile marker 333.0 and Lake Michigan
(Calumet Harbor).
(b) Effective Period. This rule is effective in the CFR on May 11,
2010 This rule is effective with actual notice for purposes of
enforcement on April 28, 2010. This rule will remain in effect until
March 1, 2011.
(c) Enforcement.
(1) The Captain of the Port, Sector Lake Michigan, may enforce this
safety zone in whole, in segments, or by any combination of segments.
The Captain of the Port, Sector Lake Michigan, may suspend the
enforcement of any segment of this safety zone for which notice of
enforcement had been given.
(2) The safety zone established by this section will be enforced,
pursuant to paragraph (c)(1) of this section, only upon notice by the
Captain of the Port, Sector Lake Michigan. Suspension of any previously
announced period of enforcement will also be provided by the Captain of
the Port, Sector Lake Michigan. All notices of enforcement and notices
of suspension of enforcement will clearly describe any segments of the
safety zone affected by the notice. At a minimum, notices of
enforcement and notices of suspension of enforcement will identify any
affected segments by reference to mile markers. When possible, the
Captain of the Port, Sector Lake Michigan, will also identify enforced
segments of this safety zone by referencing readily identifiable
geographical points. In addition to providing the geographical bounds
of any enforced segment of this safety zone, notices of enforcement and
notices of suspension of enforcement will also provide the date(s) and
time(s) at which enforcement will commence or suspend.
(3) The Captain of the Port, Sector Lake Michigan, will publish
notices of enforcement and notices of suspension of enforcement in
accordance with 33 CFR 165.7(a) and in a manner to provide as much
notice to the public as possible. The primary method of notification
will be through publication in the Federal Register. The Captain of the
Port, Sector Lake Michigan, will also provide notice through other
means, such as Broadcast Notice to Mariners, local Notice to Mariners,
local news media, distribution in leaflet form, and on-scene oral
notice. Additionally, the Captain of the Port, Sector Lake Michigan,
may notify representatives from the maritime industry through
telephonic and email notifications.
(d) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, mooring, laying up, or anchoring
within any enforced segment of the safety zone is prohibited unless
authorized by the Captain of the Port, Sector Lake Michigan, or his or
her designated representative.
(2) The ``designated representative'' of the Captain of the Port,
Sector Lake Michigan, is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan, to act on his or her behalf. The designated representative of
the Captain of the Port, Sector Lake Michigan, will be aboard a Coast
Guard, Coast Guard Auxiliary, or other designated vessel or will be on
shore and will communicate with vessels via VHF radio, loudhailer, or
by phone. The Captain of the Port, Sector Lake Michigan, or his or her
designated representative may be contacted via VHF radio Channel 16 or
the Coast Guard Sector Lake Michigan Command Center at 414-747-7182.
(3) To obtain permission to enter or operate within an enforced
segment of the safety zone established by this section, Vessel
operators must contact the Captain of the Port, Sector Lake Michigan,
or his or her designated representative. Vessel operators given
permission to operate in an enforced segment of the safety zone must
comply with all directions given to them by the Captain of the Port,
Sector Lake Michigan, or his or her designated representative.
(4) When a segment of the safety zone is being enforced, it will be
closed to all vessel traffic, except as may be permitted by the Captain
of the Port, Sector Lake Michigan, or his or her designated
representative. As soon as operations permit, the Captain of the Port,
Sector Lake Michigan, will issue a notice of suspension of enforcement
as specified in paragraph (c) of this section.
(5) All persons entering any enforced segment of the safety zone
established in this section are advised that they do so at their own
risk.
Dated: April 28, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, U.S. Coast Guard Sector
Lake Michigan.
[FR Doc. 2010-11083 Filed 5-10-10; 8:45 am]
BILLING CODE 9110-04-P