[Federal Register Volume 68, Number 98 (Wednesday, May 21, 2003)]
[Rules and Regulations]
[Pages 27727-27729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12687]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-214]
RIN 1625-AA11


Regulated Navigation Area; Des Plaines River, Joliet, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a regulated navigation area on 
the Des Plaines River in Joliet, Illinois. This temporary final rule 
requires that certain southbound tows passing under the Jefferson 
Street bridge use an assist tug. This action is necessary to ensure 
vessel and public safety due to an allision with this bridge structure. 
This rule is intended to restrict vessel traffic in a portion of the 
Des Plaines River near Joliet, Illinois.

DATES: This rule is effective from 8 a.m. (local) on May 11, 2003 until 
November 15, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD09-02-214] and are available for 
inspection or copying at Coast Guard Marine Safety Office (MSO) 
Chicago, 215 W. 83rd St, Suite D, Burr Ridge, Illinois 60521 between 8 
a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: MST2 Kenneth Brockhouse, U.S. Coast 
Guard Marine Safety Office Chicago, at (630) 986-2175.

[[Page 27728]]


SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. We encourage comments on whether a 
regulated navigation area is the appropriate tool to provide for the 
safe navigation of tows transiting through the draws of the Jefferson 
Street bridge on the Des Plaines River in the vicinity of Joliet, 
Illinois. If you do so, please include your name and address, identify 
the docket number for this rulemaking (CGD09-03-214), indicate the 
specific section of this document to which each comment applies, and 
give the reason for each comment. Please submit all comments and 
related material in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying. If you would like to know they reached 
us, please enclose a stamped, self-addressed postcard or envelope. We 
will consider all comments and material received during the comment 
period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Marine Safety Office Chicago at the 
address under ADDRESSES explaining why one 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

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, and under 5 U.S.C. 553(d)(3), 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. On May 2, 2003, a tow 
allided with the pier of the Jefferson Street Bridge which resulted in 
substantial damage to the bridge structure. As a result, it is 
estimated that the bridge will be inoperable for 4 to 6 months while 
repairs are made. The Captain of the Port Chicago believes that 
immediate action is necessary to help prevent any future allisions with 
the pier. Further, additional allisions might result in total 
structural failure, closure of the river for a period of time as a 
result of an allision, and the possible loss of life as a result of 
another allision.

Background and Purpose

    On May 2, 2003, a southbound tow allided with the pier of the 
Jefferson Street bridge. This allision resulted in significant 
structural damage to the bridge pier. Southbound tows with a 3 by 5 
configuration, transiting under the Cass Street Bridge and then the 
Jefferson Street Bridge, only have 100 feet of horizontal maneuvering 
room. In addition, the Des Plaines River regularly has significant 
current in this area.
    In order to prevent future allisions, a regulated navigation area 
(RNA) is being established from the Ruby Street Bridge to the McDonough 
Street Bridge in which southbound tows in a 3 by 5 configuration must 
use an assist tug. This RNA is being established until an adequate 
protection cell is constructed around the bridge pier.

Discussion of Rule

    Southbound tows greater than 89 feet in overall width and more than 
800 feet in length must use an assist tug when transiting through the 
RNA. This RNA encompasses the Des Plaines River from mile 288.7 (the 
Ruby Street Bridge), to mile 287.3 (the McDonough Street Bridge). 
Deviation from this rule is prohibited unless specifically authorized 
by the Commander, Ninth Coast Guard District or his designated 
representative. His designated representative is the Captain of the 
Port Chicago.

Regulatory Evaluation

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security. The operational reporting requirements of the RNA are minimal 
and necessary to provide immediate, improved security for the public, 
vessels, and U.S. ports and waterways. The requirements do not alter 
normal barge cargo loading operations or transits. Additionally, this 
rule is temporary in nature and the Coast Guard may issue a NPRM as it 
considers whether to make this rule permanent. The minimal hardships 
that may be experienced by persons or vessels are necessary to the 
national interest in protecting the public, vessels, and vessel crews 
from the devastating consequences of acts of terrorism, and from 
sabotage or other subversive acts, accidents, or other causes of a 
similar nature.

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 operators of southbound tows, in a 3 by 5 
configuration, intending to transit through the RNA. This RNA will not 
have a significant economic impact on a substantial number of small 
entities because this rule will only remain in effect until a 
protection cell can be erected or until other recommendations are 
provided which reduce the risk of allisions with the Jefferson Street 
Bridge.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Public Law 104-121), we offered 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 wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork

[[Page 27729]]

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 an 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 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.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of 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 because this rule is not expected to result 
in any significant environmental impact as described in NEPA. A final 
``Environmental Analysis Check List'' 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, Vessels, 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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.


0
2. From 8 a.m. on May 11, 2003 through 8 p.m. on November 15, 2003 add 
temporary Sec.  165.T09-214 to read as follows:


Sec.  165.T09-214  Regulated Navigation Area; Des Plaines River, 
Joliet, Illinois

    (a) Regulated navigation area. The following waters are a Regulated 
Navigation Area (RNA): All portions of the Des Plaines River between 
mile 287.3 (McDonough St. Bridge) and mile 288.7 (Ruby Street Bridge).
    (b) Applicability. This section applies to operators of all 
southbound tows transiting beneath the Jefferson Street Bridge (mile 
287.9), Joliet, Illinois with barge configurations of over 89 feet in 
overall width and more than 800 feet in length.
    (c) Regulations. (1) All southbound tows to which this section 
applies must use an assist tug when transiting through the RNA.
    (2) The general regulations contained in 33 CFR 165.13 apply to 
this section.
    (3) Deviation from this section is prohibited unless specifically 
authorized by the Commander, Ninth Coast Guard District or his 
designated representatives. Designated representatives include the 
Captain of the Port Chicago.

    Dated: May 9, 2003.
Ronald F. Silva,
Rear Admiral, Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 03-12687 Filed 5-20-03; 8:45 am]
BILLING CODE 4910-15-P