
[Federal Register: July 2, 2008 (Volume 73, Number 128)]
[Rules and Regulations]               
[Page 37810-37813]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy08-19]                         

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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 establishing 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: Amendments for Sec. Sec.  165.923 and 165.T09-0470 are effective 
from June 30, 2008, until August 15, 2008; and the amendment for Sec.  
165.T09-4001 is effective from 7 a.m., July 14, 2008, until 5 p.m., 
August 9, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0470 and are available online at 
www.regulations.gov. The material is also available for inspection and 
copying at two places: 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 Ninth

[[Page 37811]]

Coast Guard District, Room 2069, 1240 East 9th Street, Cleveland, Ohio 
44199, between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary 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: On June 12, 2008, we published a notice of 
proposed rulemaking (NPRM) entitled Regulated Navigation Area and 
Safety Zone, Chicago Sanitary and Ship Canal, Romeoville, IL, in the 
Federal Register (73 FR 33337). We received no letters commenting on 
the proposed rule. No public meeting was requested, and none was held.
    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 I 
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 I 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 I. 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 I. Barrier IIA will operate 
continuously for a two week period before taking barrier I off line for 
electrode replacement. Electrical dispersal barrier IIA generates a 
more powerful electric field than barrier I 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.

Discussion of Comment and Changes

    No comments were received and no changes were made.

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.

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 so minimal that a 
full Regulatory Evaluation is unnecessary.
    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 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 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 June 30, 
2008 to August 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
    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). 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 proposed rule would call 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

[[Page 37812]]

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 proposed 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 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 concluded, 
under the Instruction, 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. This temporary rule establishes a 
regulated navigation area and safety zone and as such is covered by 
this paragraph.
    A final environmental analysis checklist and a final categorical 
exclusion determination are 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, 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, 6.04-1, 6.04-6, and 160.5; Public 
Law 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 June 30, 2008 until August 15, 
2008.

0
3. A new temporary Sec.  165.T09-0470 is added to read as follows:


Sec.  165.T09-0470  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 June 30, 2008 
until August 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:
    (i) 01 (Empty with previous hazardous material);
    (ii) 20 (Petroleum and Petroleum Products);
    (iii) 21 (Crude Petroleum);
    (iv) 22 (Gasoline, Jet Fuel and Kerosene);
    (v) 23 (Distillate, Residual and other Fuel Oils; Lubricating Oils 
and Greases);
    (vi) 24 (Petroleum Pitches, Coke Asphalt, Naphtha and Solvents);
    (vii) 30 (Chemicals and Related Products);
    (viii) 31 (Fertilizer-Nitrogenous, Potassic, Phosphatic and 
Others); and
    (ix) 32 (Organic Industrial Chemicals (Crude Products) from Coal, 
Tar, Petroleum and Natural Gas, Dyes,

[[Page 37813]]

 Organic Pigment Dying and Tanning Materials, Alcohols, Benzene; 
Inorganic Industrial Chemicals (Sodium Hydroxide); 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 regulated navigation area must 
be assisted by a bow boat until the entire tow is clear of the expanded 
regulated 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 regulated navigation area to as least one mile below the 
regulated 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 Sec.  165.T09-4001 is added to read as follows:


Sec.  165.T09-4001  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., 
July 14, 2008 to 5 p.m., August 9, 2008. The safety zone will be 
enforced from 7 a.m. to 12 p.m. and 1 p.m. to 5 p.m. on July 14, 2008 
through August 9, 2008.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  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, for paragraph (a) 
of this section.
    (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, for paragraph (a) of this section.
    (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 for 
paragraph (a) of this section. 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 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: June 24, 2008.
David R. Callahan,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard 
District.
[FR Doc. E8-14993 Filed 7-1-08; 8:45 am]

BILLING CODE 9110-04-P
