[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Proposed Rules]
[Pages 52591-52595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20939]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0592]
RIN 1625-AA11


Regulated Navigation Area; Lake Michigan, Chicago Harbor Lock, 
Chicago, IL to Calumet Harbor, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a regulated navigation 
area for waters of Lake Michigan within 5 nautical miles from shore 
from the Chicago Harbor Lock, Chicago, Illinois

[[Page 52592]]

to Calumet Harbor, Chicago, Illinois. This regulated navigation area is 
intended to allow barges to transit an alternate route on a portion of 
Lake Michigan due to the temporary closure of the Thomas J. O'Brien 
Lock on RM 326.5 on the Calumet River. This proposed regulated 
navigation area is necessary to ensure vessel safety and facilitate 
commerce.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 6, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0592 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) 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.
    (4) Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Heidi Bragalone, U.S. Coast Guard Marine 
Safety Unit Chicago; telephone 630-986-2131, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, 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
RNA Regulated Navigation Area

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2014-0592), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online at http://www.regulations.gov, or by fax, mail, or hand 
delivery, but please use only one of these means. If you submit a 
comment online, it will be considered received by the Coast Guard when 
you successfully transmit the comment. If you fax, hand deliver, or 
mail your comment, it will be considered as having been received by the 
Coast Guard when it is received at the Docket Management Facility. We 
recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2014-0592'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand 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 comments 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 and may change 
the rule based on your comments.

2. 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, 
type the docket number USCG-2014-0592 in the ``SEARCH'' box and click 
``Search.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting 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.

B. Regulatory History and Information

    On June 4, 2014, Coast Guard Marine Safety Unit Chicago, 
Willowbrook, Illinois hosted a meeting with industry stakeholders and 
the United States Army Corps of Engineers to discuss the upcoming 
closure of the Thomas J. O'Brien Lock between November 3, 2014, and 
March 6, 2015. The Thomas J. O'Brien Lock permits barge traffic to 
transit the Illinois River System from Calumet Harbor to Chicago 
Harbor, Illinois. To facilitate commerce during the projected closure 
of the Thomas J. O'Brien Lock, it was determined during the meeting 
that barges could be transported on an alternate route on Lake Michigan 
through the Chicago Harbor Lock, Chicago, Illinois. Because federal 
regulations for inspected and uninspected barges do not address this 
temporary alternate route, it was also determined that requirements for 
safe operation of barges were necessary for the transit to Chicago 
Harbor Lock, Chicago, Illinois from Calumet Harbor, Chicago, Illinois. 
In order to establish safe operating requirements for the temporary 
alternate route, the District Commander is establishing a regulated 
navigation area.
    For uninspected dry cargo river barges, Table 45.171 in 46 CFR 
45.171 was used as a reference to establish safe operating parameters. 
The barge requirements found in the voyage listed between Calumet 
Harbor, Chicago, Illinois and Burns Harbor, Indiana were used for an 
uninspected dry cargo river barge transiting the temporary alternate 
route between Calumet Harbor, Chicago, Illinois and Chicago Harbor 
Lock, Chicago, Illinois.
    For inspected river barges, special-service-limited-domestic-
voyages

[[Page 52593]]

regulations in 46 CFR part 44, Great Lakes load lines regulations in 46 
CFR part 45, and Section 14 of the United States Coast Guard Load Line 
Policy Notes were used as a reference. These regulations and Coast 
Guard policy outlined the requirements for an inspected river barge 
transiting the temporary alternate route between Calumet Harbor, 
Chicago, Illinois and Chicago Harbor Lock, Chicago, Illinois. Inspected 
river barges typically carry petroleum or chemical cargoes.

C. Basis and Purpose

    The legal basis for this proposed rule is the Coast Guard's 
authority to establish RNAs and limited access areas: 33 U.S. C. 1226, 
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; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    Between November 3, 2014, and March 6, 2015, the United States Army 
Corps of Engineers anticipates closing the Thomas J. O'Brien Lock for 
two 45-day periods in order to perform maintenance on the lock. The 
Thomas J. O'Brien Lock closures present a significant challenge to the 
barge industry and an alternate route is necessary in order to sustain 
commerce. Further safe operating requirements for this temporary 
alternate route are necessary to ensure safety of transiting barge 
traffic.

D. Discussion of Proposed Rule

    This proposed regulated navigation area is necessary to facilitate 
commerce and establish safe operating requirements for this temporary 
alternate route. Thus, this proposed rule would establish an RNA on the 
waters of Lake Michigan, between Chicago Harbor Lock, Chicago, Illinois 
and Calumet Harbor, Chicago, Illinois, within 5 nautical miles from 
shore.
    This proposed regulated navigation area would be effective and 
enforced from November 1, 2014, through March 31, 2015.
    The enforcement dates and times for this regulated navigation area 
are subject to change. In the event of a change, the Ninth District 
Commander will provide notice to the public by issuing a Notice of 
Enforcement for publication in the Federal Register, and announcing a 
Broadcast Notice to Mariners.
    The Ninth District Commander will notify the public that the 
regulated navigation area in this proposal is or will be enforced in 
accordance with 33 CFR 165.7(a). Such means of notification may include 
publication in the Federal Register, Broadcast Notice to Mariners, or 
Local Notice to Mariners.
    Inspected and uninspected river barges transiting this regulated 
navigation area, would need to operate in accordance with the following 
regulations:

Uninspected Dry Cargo Barges

    In accordance with 46 CFR 45.171, unmanned dry cargo river barges 
transiting between Chicago Harbor Lock, Chicago, Illinois and Calumet 
Harbor, Chicago, Illinois must meet the requirements for voyages 
between Burns Harbor, Indiana and Calumet Harbor, Chicago, Illinois 
outlined in Table 45.171 of 46 CFR 45.171, as follows:
     Load line requirement: Conditionally exempted from load 
line assignment.
     Where to register/apply: Exempted barges must be 
registered with the USCG Marine Safety Unit Chicago, 555A Plainfield 
Road, Willowbrook, IL 60527; Fax (630) 986-2120.
     Eligible barges are dry cargo river barges, built and 
maintained in accordance with ABS River Rules, Length-to-depth ratio is 
less than 22, and all weathertight and watertight closures are in 
proper working condition. There is no age limitation.
     Barges freeboard must be at least 24 inches (610mm). On 
open hopper barges, the coaming height + freeboard must be at least 54 
inches (1,372 mm).
     Tow limitations: Barges must be unmanned. Barges must 
transit within 5 nautical miles from shore. There is no limit on the 
number of barges in tow.
     Cargo limitations: Dry cargoes only. Liquid cargoes, even 
in drums or tank containers, are prohibited. No hazardous materials. 
HazMats are defined in 46 CFR part 148 and 49 CFR chapter 1, subchapter 
C.
     Weather limitations: Voyages will be conducted in ``Fair 
weather'' only. If worse conditions arise during the transit, the 
voyage must be discontinued and tow must proceed to shelter.
     Pre-departure preparations: Required; as specified in 46 
CFR 45.191.
     Tow requirements:
    [cir] Power: sufficient to handle tow.
    [cir] Communication system: Recommended; 46 CFR 45.195(a).
    [cir] Cutting gear: Recommended; 46 CFR 45.195(b).
    [cir] Operational plan: Recommended; 46 CFR 45.197.

Coast Guard Inspected Tank Barges

    Unmanned inspected river barges operating between Chicago Harbor 
Lock, Chicago, Illinois and Calumet Harbor, Chicago, Illinois must meet 
the following requirements:
     Markings: Great Lakes diamond without seasonal marks.
     Stability: Applicable 46 CFR subchapter S requirements.
     Strength: ABS Rules for Rivers and Intracoastal Waterways. 
Tank barges over 300 feet in length must have loading information per 
46 CFR 31.10-32.
     Freeboard: Dry cargo and tank barges are to comply with 
the freeboard requirements of 46 CFR Part 45. Dry cargo barges will not 
be assessed penalties for hatch coaming or hatch cover deficiencies.
     Load Line Certificate: Great Lakes certificate with the 
following notation: ``This certificate is valid only for unmanned fair 
weather voyages between Calumet Harbor, Chicago, Illinois and Burns 
Harbor, Indiana.''
     Operating restrictions: Voyages will be conducted in 
``Fair weather'' only. If worse conditions arise during the transit, 
the voyage must be discontinued and tow must proceed to shelter. Barges 
must transit within 5 nautical miles of shore.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes and executive orders.

1. Regulatory Planning and Review

    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, 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 proposed 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. This proposed regulated navigation 
area is intended to facilitate commerce and will not restrict 
navigation because it will allow barges to transit an additional route 
without making any changes to the current barge requirements. Overall, 
we expect the economic impact of this proposed rule to be minimal and 
that a full Regulatory Evaluation is unnecessary.

[[Page 52594]]

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 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 will not have a significant economic impact on a 
substantial number of small entities.
    This proposed regulated navigation area will not have a significant 
economic impact on a substantial number of small entities because it is 
intended to facilitate commerce and will not restrict navigation 
because it will allow barges to transit an additional route without 
making any changes to the current barge requirements. 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.

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 proposed rule so that they can 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 compliance, please contact Lieutenant Heidi Bragalone, 
Waterways Management Branch, Coast Guard Marine Safety Unit Chicago, 
Willowbrook, IL at (630) 986-2131. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

4. 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.).

5. 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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. 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 proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves the establishment of a regulated navigation area and is 
therefore categorically excluded under figure 2-1, paragraph 34(g) of 
the Instruction. 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, 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 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, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

[[Page 52595]]

Subpart F--Specific Regulated Navigation Areas and Limited Access 
Areas

0
2. Add Sec.  165.T09-0592 under the undesignated center heading ``Ninth 
Coast Guard District'' to read as follows:


Sec.  165.T09-0592  Regulated Navigation Area, Lake Michigan; Chicago 
Harbor Lock, Chicago, IL to Calumet Harbor, Chicago, IL.

    (a) Location. All waters of Lake Michigan, between Chicago Harbor 
Lock, Chicago, Illinois to Calumet Harbor, Chicago, Illinois, extending 
within 5 nautical miles from shore.
    (b) Effective period and enforcement. The regulated navigation area 
described in paragraph (a) of this section will be effective from 
November 1, 2014, through March 31, 2015. This section is expected to 
be enforced from November 1, 2014, through March 31, 2015, but the 
enforcement dates and times for this regulated navigation area are 
subject to change. In the event of a change, the Ninth District 
Commander will provide notice to the public by issuing a Notice of 
Enforcement for publication in the Federal Register, and announcing a 
Broadcast Notice to Mariners.
    (c) Regulations. (1) In accordance with 46 CFR 45.171, unmanned dry 
cargo river barges transiting between Chicago Harbor Lock, Chicago, 
Illinois and Calumet Harbor, Chicago, Illinois must meet the 
requirements for voyages between Burns Harbor, Indiana and Calumet 
Harbor, Chicago, Illinois outlined in Table 45.171 of 46 CFR 45.171, as 
follows:
    (i) Load line requirement: Conditionally exempted from load line 
assignment.
    (ii) Where to register/apply: Exempted barges must be registered 
with the USCG Marine Safety Unit, 555A Plainfield Road, Willowbrook, IL 
60527; Fax (630) 986-2120.
    (iii) Eligible barges are dry cargo river barges, built and 
maintained in accordance with ABS River Rules, Length-to-depth ratio is 
less than 22, and all weathertight and watertight closures are in 
proper working condition. There is no age limitation.
    (iv) Barges freeboard must be at least 24 inches (610mm). On open 
hopper barges, the coaming height + freeboard must be at least 54 
inches (1,372 mm)
    (v) Tow limitations: Barges must be unmanned. Barges must transit 
within 5 nautical miles from shore. There is no limit on the number of 
barges in tow.
    (vi) Cargo limitations: Dry cargoes only. Liquid cargoes, even in 
drums or tank containers, are prohibited. No hazardous materials. 
Hazardous materials are defined in 46 CFR part 148 and 49 CFR chapter 
1, subchapter C.
    (vii) Weather limitations: Voyages will be conducted in ``Fair 
weather'' only. If worse conditions arise during the transit, the 
voyage must be discontinued and tow must proceed to shelter.
    (viii) Pre-departure preparations: Required; as specified in 46 CFR 
45.191.
    (ix) Tow requirements:
    (A) Power: sufficient to handle tow.
    (B) Communication system: Recommended; 46 CFR 45.195(a).
    (C) Cutting gear: Recommended; 46 CFR 45.195(b).
    (D) Operational plan: Recommended; 46 CFR 45.197.
    (2) Unmanned inspected river barges operating between Chicago 
Harbor Lock, Chicago, Illinois and Calumet Harbor, Chicago, Illinois 
must meet the following requirements:
    (i) Markings: Great Lakes diamond without seasonal marks.
    (ii) Stability: Applicable 46 CFR subchapter S requirements.
    (iii) Strength: ABS Rules for Rivers and Intracoastal Waterways. 
Tank barges over 300 feet in length must have loading information per 
46 CFR 31.10-32.
    (iv) Freeboard: Dry cargo and tank barges are to comply with the 
freeboard requirements of 46 CFR Part 45. Dry cargo barges will not be 
assessed penalties for hatch coaming or hatch cover deficiencies.
    (v) Load Line Certificate: Great Lakes certificate with the 
following notation: ``This certificate is valid only for unmanned fair 
weather voyages between Calumet Harbor, Chicago, Illinois and Burns 
Harbor, Indiana.''
    (vi) Operating restrictions: Voyages will be conducted in ``Fair 
weather'' only. If worse conditions arise during the transit, the 
voyage must be discontinued and tow must proceed to shelter. Barges 
must transit within 5 nautical miles from shore.

    Dated: August 8, 2014.
F.M. Midgette,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2014-20939 Filed 9-3-14; 8:45 am]
BILLING CODE 9110-04-P