[Federal Register Volume 78, Number 9 (Monday, January 14, 2013)]
[Rules and Regulations]
[Pages 2616-2618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00514]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-1099]
RIN 1625-AA00


Safety Zone; Bridge Demolition Project; Indiana Harbor Canal, 
East Chicago, IN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Indiana Harbor Canal in East Chicago, Indiana. This safety zone is 
intended to restrict vessels from a portion of the Indiana Harbor Canal 
due to the demolition Project on the Cline Avenue Bridge. This 
temporary safety zone is necessary to protect the surrounding public 
and vessels from the hazards associated with the demolition project.

DATES: This rule is effective from 12:00 p.m. on January 1, 2013 until 
12:00 a.m. on February 1, 2013. The Captain of the Port, Sector Lake 
Michigan, will establish enforcement dates that will be announced with 
a Notice of Enforcement and marine information broadcasts.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-1099 and are available online 
by going to www.regulations.gov, inserting USCG-2012-1099 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, contact or email MST1 Joseph McCollum, U.S. Coast Guard 
Sector Lake Michigan, at 414-747-7148 or [email protected]. If 
you have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 doing so would be impracticable and 
contrary to the public interest. The final details for this event were 
not known to the Coast Guard until there was insufficient time 
remaining before the event to publish an NPRM. Thus, delaying the 
effective date of this rule to wait for a comment period to run would 
be both impracticable and contrary to the public interest because it 
would inhibit the Coast Guard's ability to protect vessels from the 
hazards associated with the demolition project on the Cline Avenue 
Bridge, which are discussed further below.
    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. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and limited access areas: 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, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    During the month of January, 2013 Walsh Construction Company will 
be conducting demolition on the West span of the Cline Avenue Bridge in 
East Chicago, IN. The Captain of the Port, Sector Lake Michigan, has 
determined that this demolition project will pose a significant risk to 
public safety and property. Such hazards include loss of life and 
property in the proximity of explosives, and collisions among vessels 
and contractors involved in the demolition project.
    The Coast Guard established the same safety zone for October 27 and 
November 10, for November 3 and 10, for December 2 and 8, and once 
again for December 23, 2012. In November of 2012, the discovery of 
steel beams within the area of the bridge to be demolished caused a 
change of schedule in the demolition. On December 2, 2012 the 
Construction Company conducted demolition on the East span of the 
bridge as scheduled. However, during this demolition, the East span 
fell into an unexpected position which required unscheduled clean up 
and presented a potential danger to passing vessel traffic. On December 
23, 2012, high winds halted demolition of the West Span. The U.S. Coast 
Guard considered the history of unexpected delays associated with this 
demolition project and the delicate nature of explosive work on a 
transportation structure.

C. Discussion of Rule

    With the aforementioned hazards in mind, the Captain of the Port, 
Sector Lake Michigan, has determined that this temporary safety zone is 
necessary to ensure the safety of persons and vessels during the 
demolition project on the Cline Avenue Bridge. This rule is effective 
from 12:00 p.m. on January 1, 2013 until 12:00 a.m. on February 1, 
2013. The Captain of the Port, Sector Lake Michigan, will establish 
enforcement dates that will be announced with a Notice of Enforcement 
and marine information broadcasts. The safety zone will encompass all 
waters of the Indiana Harbor Canal in the vicinity of the Cline Avenue 
Bridge at approximate position 41[deg]39'4.3'' N and 87[deg]27'54.3'' W 
(NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port, Sector Lake 
Michigan, or his designated on-scene representative. The Captain of the 
Port or his designated on-scene representative may be contacted via VHF 
Channel 16.

D. 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.

[[Page 2617]]

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We conclude that this rule is 
not a significant regulatory action because we anticipate that it will 
have minimal impact on the economy, will not interfere with other 
agencies, will not adversely alter the budget of any grant or loan 
recipients, and will not raise any novel legal or policy issues. The 
safety zone created by this rule will be small and enforced for only 24 
hours. Under certain conditions, moreover, vessels may still transit 
through the safety zone when permitted by the Captain of the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in a portion of the Indiana Harbor Canal during the 
month of January, 2013.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone would be effective, and thus subject to enforcement, for 
only a 24 hour period. The U.S. Coast Guard has been in close contact 
with major waterway users during the entire phase of this project and 
continues to keep stakeholders informed of waterway conditions and 
projected operational plans for this demolition project. Traffic may be 
allowed to pass through the zone with the permission of the Captain of 
the Port. The Captain of the Port can be reached via VHF channel 16. 
Before the enforcement of the zone, the Captain of the Port or his 
Representative will issue local Broadcast Notice to Mariners. The 
Captain of the Port, at his discretion, may suspend enforcement of the 
safety zone prior to the end of the enforcement period. Notice of this 
change will be provided to the public.

3. 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 this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    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). 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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. 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 (adjusted for 
inflation) 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.

7. Taking of Private Property

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

8. 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.

9. 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.

10. 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.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

13. 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone and,

[[Page 2618]]

therefore it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are 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 
rule.

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. 1231; 46 U.S.C. Chapters 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.T09-1099 to read as follows:


Sec.  165.T09-1099  Safety Zone; Bridge Demolition Project, Indiana 
Harbor Canal, East Chicago, Indiana.

    (a) Location. The safety zone will encompass all waters of the 
Indiana Harbor Canal in the vicinity of the Cline Avenue Bridge at 
approximate position 41[deg]39'4.3'' N and 87[deg]27'54.3'' W (NAD 83).
    (b) Effective and Enforcement Period. This rule is effective from 
12:00 p.m. on January 1, 2013 until 12:00 a.m. on February 1, 2013. The 
Captain of the Port, Sector Lake Michigan, will establish enforcement 
dates that will be announced with a Notice of Enforcement and marine 
information broadcasts.
    (c) Regulations.
    (1) 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, Sector Lake 
Michigan or his designated 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 
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Lake Michigan is any Coast Guard commissioned, warrant or petty 
officer who has been designated by the Captain of the Port, Sector Lake 
Michigan to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port, Sector Lake Michigan or his 
on-scene representative to obtain permission to do so. The Captain of 
the Port, Sector Lake Michigan or his 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 
on-scene representative.

    Dated: December 28, 2012.
J.W. Davenport,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Lake 
Michigan.
[FR Doc. 2013-00514 Filed 1-11-13; 8:45 am]
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