[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Proposed Rules]
[Pages 23524-23528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10194]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0228]
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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent safety zone
from Brandon Road Lock and Dam to Lake Michigan. This proposed safety
zone will cover 77 miles of navigable waterways in the Chicago area and
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 proposed 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 the Asian Carp Regional
Coordinating Committee (ACRCC) may take such actions at any time and in
any segment of the waterways covered by this proposed safety zone, this
proposed safety zone would provide the Captain of the Port, Sector Lake
Michigan, the ability to take targeted and expeditious action to
protect vessels and persons from the hazards associated with any
Federal and State efforts to control aquatic nuisance species.
DATES: Comments and related materials must be received by the Coast
Guard on or before May 27, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0228 using any one of the following methods:
(1) Federal eRulemaking Portal: http:[sol][sol]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 LCDR William Nabach, Asst. Chief, Prevention Department, Sector
Lake Michigan, telephone 414-747-7159, e[dash]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:[sol][sol]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-2011-0228), 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:[sol][sol]
[[Page 23525]]
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:[sol][sol]www.regulations.gov, it will be considered received by
the Coast Guard when you successfully transmit the comment. If you fax,
mail, or hand deliver 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:[sol][sol]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-2011-
0228'' 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:[sol][sol]www.regulations.gov, click on the ``read comments'' box,
which will then become highlighted in blue. In the ``Keyword'' box
insert ``USCG-2011-0228'' 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 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.
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 are believed to be
migrating toward the Great Lakes through the Chicago Sanitary and Ship
Canal and connected tributaries. Scientists are concerned that if these
aquatic nuisance species reach the Great Lakes in sufficient numbers
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.
Subsequently, the USACE put in place an electric barrier to prevent
and reduce the dispersal of Asian carp in the Chicago Sanitary and Ship
Canal. Specifically, 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 Barrier I. Barrier IIA is
currently operating at two volts per inch, 15 Hertz, and 6.5 ms.
Construction on Barrier IIB was completed in early 2011. Operational
and safety testing was conducted on Barrier IIB in February 2011 and is
being analyzed. The completion of Barrier IIB should allow for
maintenance operations with reduced need for the use of other aquatic
nuisance species countermeasures.
In addition to the aforementioned electric dispersal barriers, the
ACRCC has been conducting fish sampling in the Chicago Area Waterway
System. The purpose of this sampling is to detect the potential
presence of Asian Carp and other aquatic nuisance species within the
waters covered by this proposed safety zone. 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 ACRCC will
take action designed to control the spread of aquatic nuisance species
within the area of detection. The various types of actions that the
ACRCC might take are outlined in the Asian Carp Control Strategy
Framework, which can be found on the ACRCC's Web site: http://asiancarp.org.
Because of the ACRCC's testing and countermeasure activity, the
Captain of the Port, Sector Lake Michigan, put in place a Temporary
Interim Rule (TIR) on May 1, 2010. This TIR established a 77 mile long
safety zone from Brandon Road Lock to Lake Michigan in Chicago, IL. The
purpose of that safety zone was to provide the Captain of the Port,
Sector Lake Michigan, with the ability to take targeted and expeditious
action to protect vessels and persons from the hazards associated with
the aquatic nuisance testing and the countermeasure activities detailed
in the ACRCC's Asian Carp Control Strategy Framework. Although that TIR
expired on March 1, 2011, the ACRCC will continue their testing and
countermeasure activities. Thus, the Captain of the Port, Sector Lake
Michigan, still finds it necessary to have the ability to take targeted
and expeditious actions in the affected waterways to protect vessels
and persons from the ACRCC's expected actions. For this reason, the
Captain of the Port, Sector Lake Michigan, proposes to establish a
permanent safety zone along the same waterways covered in the
previously published TIR. Like the safety zone established in the TIR,
this proposed safety zone will only be enforced when testing and
countermeasure activity require the Captain of the Port, Sector Lake
Michigan to enforce the safety zone.
Discussion of Rule
This proposed rule places a permanent 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 safety zone
necessary to protect the
[[Page 23526]]
waters, waterway users, and vessels from the hazards associated with a
myriad of actions designed to control the spread of aquatic nuisance
species. 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 several years from now, the Coast Guard proposes
to establish a permanent safety zone in place of the previous temporary
safety zone that expired on March 1, 2011. This proposed rule is
separate and distinct from that located in 33 CFR 165.T09-1054, which
was published in the December 2, 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. Likewise, this
proposed rule affects no 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
small 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 this proposed 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
those having specific 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 countermeasures 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 proposed 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 proposed 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 proposed rule to be minimal.
This determination is based on the following: (1) While this rule
proposes to establish a safety zone that is 77 miles long, the Captain
of the Port, Sector Lake Michigan, will enforce the safety zone only in
relatively small segments. 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) The
Captain of the Port, Sector Lake Michigan, will make every effort to
reduce the closure time of the enforced segments of the safety zone.
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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners and
operators of vessels intending to transit or anchor in any enforced
segment of the 77-mile safety zone. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this proposed 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 this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
If the proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LCDR William
Nabach, Asst. Chief of Prevention, Sector Lake Michigan, at (414) 747-
7159. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
Collection of Information
This proposed rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 23527]]
Federalism
A proposed 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
proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 proposed 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 proposed 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
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. 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.
2. Add Sec. 165.930 to read as follows:
Sec. 165.930 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 safety zone consists of the following areas:
(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 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.
[[Page 23528]]
(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 [30 DAYS AFTER THE
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
(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
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 that provides 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 e-mail 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 15, 2011.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, U.S. Coast Guard Sector
Lake Michigan.
[FR Doc. 2011-10194 Filed 4-26-11; 8:45 am]
BILLING CODE 9110-04-P