
[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Rules and Regulations]
[Pages 11334-11337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4631]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR part 165

[Docket No. USCG-2011-0086]
RIN 1625-AA00


Safety Zone; Soil Sampling; Chicago River, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
North Branch of the Chicago River near Chicago, Illinois. This zone is 
intended to restrict vessels from a portion of the North Branch of the 
Chicago River due to soil sampling in this area. This temporary safety 
zone is necessary to protect the surrounding public and vessels from 
the hazards

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associated with the soil sampling efforts.

DATES: This rule is effective from 7 a.m. on March 1, 2011, until 5 
p.m. on March 3, 2011. This rule will be enforced daily from 7 a.m. 
until 5 p.m. on March 1, 2, and 3, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0086 and are available online 
by going to www.regulations.gov, inserting USCG-2011-0086 in the 
``Keyword'' box, and then clicking ``search.'' They are also available 
for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email BM1 Adam Kraft, U.S. Coast Guard Sector 
Lake Michigan, at 414-747-7154 or Adam.D.Kraft@uscg.mil. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 rule because the final details for this sampling 
were not received by the Coast Guard until February 7, 2011. 
Furthermore, the Coast Guard has reached out to potentially affected 
waterway users and has determined that potential impacts as a result of 
this safety zone will be minimal. Given the short time frame, low 
impact of the zone, and hazards associated with soil sampling, delaying 
the enactment of this rule would be 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. A 30-day notice period is not 
possible given the short time frame for enacting this regulation. Given 
the hazards created by soil sampling, delaying the effective date of 
this rule would be contrary to the public interest.

Background and Purpose

    This temporary safety zone is necessary to protect vessels from the 
hazards associated with the soil sampling efforts. The use of the 
machinery associated in these soil sampling efforts pose serious risks 
of injury to persons and property. As such, the Captain of the Port, 
Sector Lake Michigan, has determined that the sampling effort does pose 
significant risks to public safety and property and that a safety zone 
is necessary.

Discussion of Rule

    The safety zone will encompass all U.S. navigable waters of the 
North Branch of the Chicago River in the vicinity of North Avenue and 
Fullerton Avenue between Mile Marker 328.0 and Mile Marker 329.5 of the 
North Branch of the Chicago River in Chicago, IL. [DATUM: NAD 83].
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port, Sector Lake Michigan, or his or her 
on-scene representative. Entry into, transiting, or anchoring within 
the safety zone is prohibited unless authorized by the Captain of the 
Port, Sector Lake Michigan, or his or her on-scene representative. The 
Captain of the Port, Sector Lake Michigan, or his or her on-scene 
representative may be contacted via VHF Channel 16.

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.
    This determination is based on the minimal time that vessels will 
be restricted from the zone and the 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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in a portion of the North Branch of the Chicago River between 
7 a.m. until 5 p.m. on March 1st, 2nd, and 3rd, 2011.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will only be enforced while unsafe conditions exist. Vessel 
traffic will be minimal due to the time of year that this closure will 
occur and because the location of the safety zone is in an area that 
typically does not experience high volumes of vessel traffic. Several 
commercial traffic entities have already been contacted concerning this 
closure and have confirmed that it will not affect them in a negative 
way.
    In the event that this temporary safety zone affects shipping, 
commercial vessels may request permission from the Captain of The Port, 
Sector Lake Michigan, or his or her on scene representative to transit 
through the safety zone. The Coast Guard will give notice to the public 
via a Broadcast 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), we offer to assist small 
entities in understanding the 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 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

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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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditures, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under 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 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves the establishment of a 
safety zone and is therefore categorically excluded under paragraph 
34(g) of the Instruction.
    A final environmental analysis checklist and a 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, Waterways.

    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, 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.


0
2. Add Sec.  165.T09-0086 to read as follows:


Sec.  165.T09-0086  Safety Zone; Soil Sampling, North Branch of the 
Chicago River, Chicago, Illinois

    (a) Location. The safety zone will encompass all U.S. navigable 
waters of the North Branch of the Chicago River in the vicinity of 
North Avenue and Fullerton Avenue between Mile Marker 328.0 and Mile 
Marker 329.5 of the North Branch of the Chicago River in Chicago, IL. 
[DATUM: NAD 83].
    (b) Effective period. This regulation is effective from 7 a.m. on 
March 1, 2011 until 5 p.m. on March 3, 2011. This regulation will be 
enforced daily from 7 a.m. until 5 p.m. on March 1, 2, and 3, 2011. The 
Captain of the Port, Sector Lake Michigan, or his or her on-scene 
representative may suspend and restart the enforcement of the safety 
zone during the effective period at any time.
    (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, Sector Lake Michigan, or his or her on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port, Sector Lake Michigan, or his 
or her on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Lake Michigan, is any Coast Guard

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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 on-scene representative of the Captain of the Port, Sector Lake 
Michigan, will be in the vicinity of the safety zone and will have 
constant communications with the involved safety vessels which will be 
provided by the contracting company.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port, Sector Lake Michigan, or 
his or her on-scene representative to obtain permission to do so. The 
Captain of the Port, Sector Lake Michigan, or his or her on-scene 
representative may be contacted via VHF Channel 16. 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, Sector 
Lake Michigan, or his or her on-scene representative.

    Dated: February 18, 2011.
L. Barndt,
Captain, U.S. Coast Guard. Captain of the Port, Sector Lake Michigan.
[FR Doc. 2011-4631 Filed 3-25-11; 4:15 pm]
BILLING CODE 9110-04-P


