[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Proposed Rules]
[Pages 33337-33341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13145]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary regulated

[[Page 33338]]

navigation area and safety zone on the Chicago Sanitary and Ship Canal 
near Romeoville, IL. This proposed regulated navigation area and safety 
zone places navigational and operational restrictions on all vessels 
transiting through the electrical dispersal barrier IIA.

DATES: Comments and related material must reach the Coast Guard on or 
before June 27, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0470 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulation.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
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: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0470), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name, mailing address, and 
an e-mail address or other contact information in the body of your 
document to ensure that you can be identified as the submitter. This 
also allows us to contact you in the event further information is 
needed or if there are questions. For example, if we cannot read your 
submission due to technical difficulties and you cannot be contacted; 
your submission may not be considered. You may submit your comments and 
material by electronic means, mail, fax, or delivery to the Docket 
Management Facility at the address under ADDRESSES; but please submit 
your comments and material by only one means. If you submit them by 
mail or delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you 
submit them by mail and would like to know that they reached the 
Facility, 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0470) 
in the Search box, and click ``Go>>.'' You may also visit the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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.

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 shut down 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 Proposed Rule

    This proposed rule will suspend 33 CFR 165.923 and place additional 
restrictions on all vessels transiting through electrical dispersal 
barrier IIA located on the Chicago Sanitary and Ship Canal from June 
30, 2008 until August 15, 2008. The regulated navigation area 
encompasses all waters of the Chicago Sanitary and Ship Canal 270 feet 
south of the Romeo Road Bridge Mile Marker 296.1 to the south side of 
the Aerial Pipeline Mile Marker 296.7. The requirements placed on all 
vessels include: All up-bound and down-bound barge tows that contain 
one or more red flag barges transiting through the restricted 
navigation area must be

[[Page 33339]]

assisted by a bow boat at least one mile above the restricted 
navigation area to at least one mile below the restricted navigation 
area. Red flag barges are barges containing hazardous materials as 
identified by commodity codes:

01 (Empty with previous hazardous material)
20 (Petroleum and Petroleum Products)
21 (Crude Petroleum)
22 (Gasoline, Jet Fuel and Kerosene)
23 (Distillate, Residual and other Fuel Oils; Lubricating Oils and 
Greases)
24 (Petroleum Pitches, Coke Asphalt, Naphtha and Solvents)
30 (Chemicals and Related Products)
31 (Fertilizer-Nitrogenous, Potassic, Phosphatic and Others)
32 (Organic Industrial Chemicals {Crude Products{time}  from Coal, Tar, 
Petroleum and Natural Gas, Dyes, Organic Pigment Dying and Tanning 
Materials, Alcohols, Benzene; Inorganic Industrial Chemicals {Sodium 
Hydroxide{time} ; Radioactive and Associated Materials; Drugs)
    The U.S. Army Corps of Engineers will contract bow boat assistance 
for barge tows containing one or more red flag barges. Information on 
how to contact the contractor for bow boat assistance will be provided 
to the public in a Broadcast Notice to Mariners. Towing assistance will 
be provided from at least one mile above the restricted navigation area 
to at least one mile below the restricted navigation area.
    This proposed rule prohibits all vessels from loitering in the 
regulated navigation area; vessels may enter the regulated navigation 
area for the sole purpose of transiting to the other side and must 
maintain headway throughout the transit. The rule also requires all 
personnel on open decks to wear a Coast Guard approved Type I personal 
flotation device while in the regulated navigation area. In addition, 
vessels may not moor or lay up on the right or left descending banks in 
the regulated navigation area; towboats may not make or break tows in 
the regulated navigation area; vessels may not pass (meet or overtake) 
in the regulated navigation area. All vessels must make a SECURITE call 
when approaching the barrier to announce intentions and work out 
passing arrangements on either side. Finally, commercial tows 
transiting the regulated navigation area must be made up with wire rope 
to ensure electrical connectivity between all segments of the tow.
    These restrictions are necessary for safe navigation of the 
regulated navigation area and to ensure the safety of vessels and their 
personnel as well as the public's safety due to the electrical 
discharges noted during safety tests conducted by the U.S. Army Corps 
of Engineers. Deviation from this proposed rule is prohibited unless 
specifically authorized by the Commander, Ninth Coast Guard District or 
his designated representative. The Commander, Ninth Coast Guard 
District will designate Captain of the Port, Lake Michigan as his 
designated representative for the purposes of this proposed rule.
    A temporary safety zone will be in place while repairs are being 
made to barrier I. This temporary safety zone is necessary to ensure 
the safety of workers and vessels during maintenance operations to 
barrier I on the Chicago and Sanitary Ship Canal.
    The maintenance on barrier I will occur between 7 a.m., July 14, 
2008 and 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. The safety zone will encompass all waters of the Chicago 
Sanitary Ship Canal from mile marker 296.1 to mile marker 296.7.
    The Captain of the Port will cause notice of enforcement of the 
safety zone established by this section to be made by all appropriate 
means to the affected segments of the public. Such means of 
notification will include, but is not limited to, Broadcast Notice to 
Mariners and Local Notice to Mariners. The Captain of the Port will 
issue a broadcast Notice to Mariners notifying the public when 
enforcement of the safety zone is terminated.

Regulatory Evaluation

    This proposed 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 proposed 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 proposed 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.
    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 section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for

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compliance, please contact CDR Tim Cummins, Deputy Prevention Division, 
Ninth Coast Guard District, 1240 East Ninth Street, Cleveland, OH 
44199; 216-902-6049. 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 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 proposed 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 
protections need not be incompatible. We have also determined that this 
proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List'' supporting this preliminary 
determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


Sec.  165.923  [Suspended]

    2. Section 165.923 is suspended from July 30, 2008, until August 
15, 2008.
    3. A new temporary Sec.  165.T09-0470 is added as follows:


Sec.  165.T09-0470  Temporary Regulated Navigation Area and Safety 
Zone, Chicago Sanitary and Ship Canal, Romeoville, IL.

    a. (1) 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.
    (2) Effective period. This regulation is effective from June 30, 
2008, until August 15, 2008.
    (3) Definitions. The following definitions apply to paragraph 
a.(1): Designated representative means the Captain of the Port, Lake 
Michigan.
    Red Flag barges means barges containing hazardous materials as 
identified by commodity codes:
    (a) 01 (Empty with previous hazardous material);
    (b) 20 (Petroleum and Petroleum Products);

[[Page 33341]]

    (c) 21 (Crude Petroleum);
    (d) 22 (Gasoline, Jet Fuel and Kerosene);
    (e) 23 (Distillate, Residual and other Fuel Oils; Lubricating Oils 
and Greases);
    (f) 24 (Petroleum Pitches, Coke Asphalt, Naphtha and Solvents);
    (g) 30 (Chemicals and Related Products);
    (h) 31 (Fertilizer-Nitrogenous, Potassic, Phosphatic and Others); 
and
    (i) 32 (Organic Industrial Chemicals {Crude Products{time}  from 
Coal, Tar, Petroleum and Natural Gas, Dyes, Organic Pigment Dying and 
Tanning Materials, Alcohols, Benzene; Inorganic Industrial Chemicals 
{Sodium Hydroxide{time} ; Radioactive and Associated Materials; Drugs)
    (4) Regulations. (a) The general regulations contained in 33 CFR 
165.13 apply.
    (b) All up-bound and down-bound barge tows that contain one or more 
red flag barges transiting through the restricted navigation area must 
be assisted by a bow boat until the entire tow is clear of the expanded 
restricted navigation area boundaries.
    1. Information on how to contact the contractor for bow boat 
assistance will be provided to the public in a Broadcast Notice to 
Mariners.
    2. Towing assistance will be provided from at least one mile above 
the restricted navigation area to at least one mile below the 
restricted navigation area.
    (c) All vessels are prohibited from loitering in the regulated 
navigation area.
    (d) Vessels may enter the regulated navigation area for the sole 
purpose of transiting to the other side and must maintain headway 
throughout the transit.
    (e) All personnel on open decks must wear a Coast Guard approved 
Type I personal flotation device while in the regulated navigation 
area.
    (f) Vessels may not moor or lay up on the right or left descending 
banks of the regulated navigation area.
    (g) Towboats may not make or break tows in the regulated navigation 
area.
    (h) 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.
    (i) Commercial tows transiting the regulated navigation area must 
be made up with wire rope to ensure electrical connectivity between all 
segments of the tow.
    (5) 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.
    b.(1) Safety Zone. The following area is a temporary safety zone: 
All waters of the Chicago Sanitary Ship Canal from mile marker 296.1 to 
296.7.
    (2) 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.
    (3) Regulations. (a) In accordance with the general regulations in 
section 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 b.(1).
    (b) 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 b.(1).
    (c) 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 b.(1). 
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.
    (d) 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: May 30, 2008.
Michael N. Parks,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard 
District.
[FR Doc. E8-13145 Filed 6-11-08; 8:45 am]
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