[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Rules and Regulations]
[Pages 26392-26393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12645]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-97-012]


Safety Zone--Chicago Sanitary and Ship Canal

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone at 
Mile 308 of the Chicago Sanitary & Ship Canal during construction-
related activities occurring in this area. This zone is needed to 
protect the maritime public during explosive demolition, excavation and 
pipeline installation activities associated with this construction 
project. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port, Chicago or 
the Coast Guard representative on-scene.

DATES: These regulations become effective at 11:00 p.m. on May 13, 1997 
and terminate at 11:00 p.m. on May 27, 1997.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Scott Kuhaneck, 
U.S. Coast Guard Marine Safety Office Chicago, (630) 986-2155.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    This safety zone is needed to protect the safety of the maritime 
public during construction-related activities involving the use of 
explosives and obstruction of the navigable channel. This work 
necessitates the use of a barge configured to drill holes in canal bed 
and other similar equipment for the excavation of the site which will 
obstruct or partially obstruct navigation in the immediate vicinity of 
Mile 308 of the Chicago Sanitary & Ship Canal.
    Complete prohibition of vessel transits through this area will only 
be needed during two separate periods of this safety zone, one of 
approximately 30 hours at beginning and a second of approximately 12 
hours at the end. The exact day and times of the periods is unknown at 
this point, but will occur sometime during the effective dates of this 
safety zone. In between these periods, vessel transits will be 
permitted but may be subject to restrictions as needed. The maritime 
public will be informed of the exact times of all closures and 
restrictions via marine radio broadcasts and an existing industry 
facsimile notification network.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days after Federal Register publication. 
Publication of a notice of proposed rulemaking and delay of effective 
date would be contrary to the public interest because immediate action 
is necessary to protect the maritime public and other persons from the 
hazards associated with use of explosives and restricted waterway 
access in this area. The restrictions being imposed on entry of persons 
and vessels into this area is temporary.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory polices and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2 of Commandant Instruction 
M16475.1B, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 as follows:
    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.

    2. A new temporary section 165.T0901 is added to read as follows:


Sec. 165.T09-001  Safety Zone; Sanitary and Ship Canal.

    (a) Location. The following area is a safety zone: The area within 
a 500 yard radius of a point centered at Mile 308 on the Chicago 
Sanitary and Ship Canal.
    (b) Effective time and date. This section becomes effective at 
11:00 P.M. on May 13, 1997, and terminates at 11:00 P.M. on May 27, 
1997.
    (c) Regulations. (1) The Captain of the Port, Chicago, grants 
blanket permission for all vessels to transit through this safety zone 
except during announced periods.
    (2) The exact times, dates and provisions of any restrictions 
imposed by this safety zone will be made public via marine radio 
broadcasts and other

[[Page 26393]]

means including use of an existing facsimile notification network.

    Dated: April 29, 1997.
M.W. Brown,
Captain, U.S. Coast Guard, Captain of the Port, Chicago.
[FR Doc. 97-12645 Filed 5-13-97; 8:45 am]
BILLING CODE 4910-14-M