[Federal Register Volume 70, Number 77 (Friday, April 22, 2005)]
[Rules and Regulations]
[Pages 20809-20811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8071]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-05-009]
RIN 1625-AA00


Safety Zone; Chicago Sanitary and Ship Canal, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone around the tank 
barge EMC423 during salvage operations. This safety zone is necessary 
to ensure the safety of workers and divers during salvage operations of 
the tank barge EMC423. The temporary safety zone prohibits persons or 
vessels from entering the zone unless authorized by the Captain of the 
Port Chicago or the designated on-scene representative.

DATES: This rule is effective from 5 p.m. on April 5, 2005, until 5 p.m 
on May 31, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of the docket (CGD09-05-009], and are available for 
inspection or copying at Commanding Officer, U.S. Coast Guard Marine 
Safety Office Chicago, 215 W. 83rd Street Suite D, Burr Ridge, IL 
60527, between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Cameron Land, U.S. Coast Guard 
Marine Safety Office Chicago, at (630) 986-2155.

SUPPLEMENTARY INFORMATION:

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. This safety zone is temporary 
in nature and limited time existed for an NPRM. 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 impracticable and contrary to 
public interest as boating season is resuming and immediate action is 
necessary to clear the barge from the canal and perform clean up of the 
surrounding area; further, immediate action is necessary to ensure the 
safety of persons and vessels during the salvage operations and to 
prevent possible loss of life or property. During the enforcement of 
this safety zone, comments will be accepted and reviewed and may result 
in a modification to the rule.

Background and Purpose

    On January 19, 2005, the tank barge EMC423 was involved in a marine 
casualty on the Chicago Sanitary and Ship Canal (CSSC) at Mile Marker 
317.5. The barge sustained an explosion and partially sank with a full 
load of clarified slurry oil on board. Salvage and recovery operations 
are underway. With the change in weather and increase in recreational 
vessel traffic in the area, the Captain of the Port Chicago finds it 
necessary to implement operational restrictions and control vessel 
traffic through the area to protect response workers, vessels 
transiting the zone, and to maintain the integrity of the site.

Discussion of Rule

    This rule establishes a safety zone from bank-to-bank beginning at 
the Cicero Avenue Bridge at Mile Marker 317.3 and ending at the Belt 
Railroad Bridge at Mile Marker 317.5 on the Chicago Sanitary and Ship 
Canal.
    Vessels will not be allowed to enter the safety zone, without the 
express permission of the Captain of the Port Chicago or the designated 
on-scene representative. It is anticipated that controlled passage of 
vessels will be possible on a case-by-case basis.
    Barges transiting the area will be limited to dry cargo, 35 foot 
wide with drafts not exceeding 9-feet. Up bound tows are limited to one 
barge. Down bound tows are limited to one loaded barge or two empty 
barges. All down bound tows require a bow assist boat.
    All commercial and recreational vessels must contact the Coast 
Guard Forward Command Post via VHF-FM Channel 19 or land line at 630-
336-0291 to request permission to transit through the safety zone.

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 (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This finding is based on the relatively small percentage of vessels 
that would fall within the applicability of the regulation, the 
relatively small size of the limited access area around the EMC423 tank 
barge, the minimal amount of time that vessels will be restricted when 
the zone is being enforced. In addition, vessels that will need to 
enter the zone may request permission on a case-by-case basis from the 
Captain of the Port or the designated on-scene representatives.

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 affects the following entities, some of which might be 
small entities: The owners or operators of vessels intending to transit 
through the safety zone in and around the sunken barge.
    This rule would not have a significant impact on a substantial 
number of small entities because the restrictions affect only a limited 
area for a brief amount of time as this safety zone is effective only 
when salvage operations on the tank barge EMC423 is underway. Further, 
transit through the zone may be permitted with proper authorization 
from the Captain of the Port Chicago or his designated representative. 
Additionally, the opportunity to engage in recreational activities 
outside the limits of the safety zone will not be disrupted.
    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

[[Page 20810]]

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 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. If the 
rule will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact LTJG Cameron Land, Coast Guard 
Marine Safety Office Chicago, at (630) 986-2155.
    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 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 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 Commandant Instruction M16475.lD, 
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 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. Under figure 2-1, paragraph (34)(g) of the 
Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule. 
A final ``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' will be 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.


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(g), 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. From 5 p.m. on April 5, 2005 until 5 p.m. on May 31, 2005 add Sec.  
165.T09.009 to read as follows:


Sec.  165.T09.009  Safety Zone; Chicago Sanitary and Ship Canal, 
Chicago, IL.

    (a) Location. The following area is a safety zone: From bank-to-
bank beginning at the Cicero Avenue Bridge at Mile Marker 317.3 and 
ending at the Belt Railroad Bridge at Mile Marker 317.5 on the Chicago 
Sanitary and Ship Canal.

[[Page 20811]]

    (b) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, vessels will not be allowed to enter the safety 
zone without the express permission of the Captain of the Port Chicago 
or the designated on-scene representative. It is anticipated that 
controlled passage of vessels will be possible on a case-by-case basis.
    (2) Barges transiting the area will be limited to dry cargo, 35 
foot wide with drafts not exceeding 9-feet. Up bound tows are limited 
to one barge. Down bound tows are limited to one loaded barge or two 
empty barges. All down bound tows require a bow assist boat.
    (3) All commercial and recreational vessels must contact the Coast 
Guard Forward Command Post via VHF-FM Channel 19 or land line at 630-
336-0291 to request permission to transit through the safety zone.
    (c) Effective Date. This regulation is effective from 5 pm on April 
05, 2005, through 5 pm on May 31, 2005, unless cancelled sooner by the 
Captain of the Port Chicago by Broadcast Notice to Mariners.

    Dated: April 5, 2005.
T.W. Carter,
Captain, U.S. Coast Guard, Captain of the Port, Chicago.
[FR Doc. 05-8071 Filed 4-21-05; 8:45 am]
BILLING CODE 4910-15-P