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contains regulatory documents having general

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Rules and Regulations Federal Register

75145 

Vol. 75, No. 231 

Thursday, December 2, 2010 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–1054] 

RIN 1625–AA11, 1625–AA00 

Regulated Navigation Area, Chicago 

Sanitary and Ship Canal, Romeoville, 

IL; Safety Zone, Chicago Sanitary and 

Ship Canal, Romeoville, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing both a safety zone and a 

Regulated Navigation Area (RNA) on the 

Chicago Sanitary and Ship Canal (CSSC) 

near Romeoville, IL. This temporary 

interim rule places navigational, 

environmental and operational 

restrictions on all vessels transiting the 

navigable waters located adjacent to and 

over the U.S. Army Corps of Engineers’ 

(USACE) electrical dispersal fish barrier 

system. 

DATES: Effective Date: In this rule, 

§ 165.923 is suspended, and a new 

temporary section, § 165.T09–1054, is 

added in the CFR effective 5 p.m. on 

December 1, 2010 until 5 p.m. on 

December 1, 2011. This rule is effective 

with actual notice for purposes of 

enforcement beginning at 5 p.m. on 

December 1, 2010 until 5 p.m. on 

December 1, 2011. 

Comment Period: Comments and 

related material must reach the Docket 

Management Facility on or before 

January 31, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–1054 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) Hand 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. To avoid duplication, 

please use only one of these methods. 

For instructions on submitting 

comments, see the ‘‘Public Participation 

and Request for Comments.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call CDR Tim Cummins, Deputy 

Prevention Division, Ninth Coast Guard 

District, telephone 216–902–6045. If you 

have questions on viewing 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. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–1054), 

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, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail 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, select the 

Advanced Docket Search option on the 

right side of the screen, insert ‘‘USCG– 

2010–1054’’ in the Docket ID box, press 

Enter, and 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 81⁄2 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 

and may change this rule based on your 

comments. 

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, select the 

Advanced Docket Search option on the 

right side of the screen, insert USCG– 

2010–1054 in the Docket ID box, press 

Enter, and then click on the item in the 

Docket ID column. You may also visit 

either 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. 

We have an agreement with the 

Department of Transportation to use the 

Docket Management Facility. 

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). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before February 1, 2011 

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. 

Regulatory Information 

This temporary interim rule 

essentially creates an extension of a 

prior temporary interim rule with 

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75146 Federal Register / Vol. 75, No. 231 / Thursday, December 2, 2010 / Rules and Regulations 

request for comments published in the 

Federal Register on January 6, 2010 (75 

FR 754). Comments were received under 

that temporary rule and have been 

considered and addressed in this 

rulemaking. The comments that were 

received and the Coast Guard’s response 

are addressed below in the Discussion of 

Rule section. The Coast Guard also 

renews its requests for comments that 

will be considered when determining 

the final rule. 

For the reasons discussed 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 based upon data which 

indicates that Asian carp are much 

closer to the Great Lakes waterway 

system than originally thought. The 

possibility exists that vessels will 

transport Asian carp eggs, gametes or 

juvenile fish safely through the 

electrical dispersal barrier in water 

attained south of the fish barrier that is 

then transported and discharged on the 

other side of the barrier. The Asian carp 

are the subject of an ongoing multiagency study aimed at preventing their 

introduction into the Great Lakes. The 

proposed temporary safety zone and 

RNA will allow that multi-agency effort 

to progress towards its goal of protecting 

people, vessels, and the environment 

from the hazards associated with the 

possible introduction of invasive 

species such as Asian carp into the 

Great Lakes. 

As such, the USCG must take 

immediate steps in order to prevent 

possible introduction of Asian carp 

before the ongoing effort can be 

completed. Therefore, it would be 

against the public interest to delay the 

issuing of this rule. Therefore, the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register under 5 U.S.C. 553(d)(3). 

RNA Good Cause Discussion 

In 2002, the USACE energized a 

demonstration electrical dispersal 

barrier located in the CSSC. The 

demonstration barrier, commonly 

referred to as ‘‘Barrier I,’’ generates a 

low-voltage electric field (one-volt per 

inch) across the canal, which connects 

the Illinois River to Lake Michigan. 

Barrier I was built to block the passage 

of aquatic nuisance species, such as 

Asian carp, and prevent them from 

moving between the Mississippi River 

basin and Great Lakes via the canal. In 

2006, the USACE completed 

construction of a new barrier, ‘‘Barrier 

IIA.’’ Because of its design, Barrier IIA 

can generate a more powerful electric 

field (up to four-volts per inch), over a 

larger area within the CSSC, than 

Barrier I. The USACE is currently in the 

process of constructing and testing 

‘‘Barrier IIB’’ which will operate 

alongside Barrier IIA. Barrier IIB will 

also be capable of generating the fourvolts per inch field strength. 

A comprehensive, independent 

analysis of Barrier IIA, conducted in 

2008 by the USACE at the one-volt per 

inch level, found a serious risk of injury 

or death to persons immersed in the 

water located adjacent to and over the 

barrier. Additionally, sparking between 

barges transiting the barrier (a risk to 

flammable cargoes) occurred at the onevolt per inch level. 

In the past, the Coast Guard advised 

the USACE that it has no objection to 

the activation of Barrier IIA and Barrier 

I at a maximum strength of one-volt per 

inch. Testing on commercial vessels 

transiting the canal over the fish barrier 

was conducted at one volt per inch 

indicating that although the barriers 

create risks to people and vessels, those 

risks could be mitigated by following 

certain procedures. These mitigation 

procedures for the barrier operating at 

one volt per inch were implemented in 

a temporary interim rule establishing an 

RNA and a safety zone that was 

published in the Federal Register on 

February 9, 2009 (74 FR 6352), as well 

as an NPRM published in the Federal 

Register on May 26, 2009 (74 FR 24722). 

However, both of these rulemakings 

reflected the prior operating parameters 

of the dispersal barriers and 

contemplated further testing of the 

effects of higher voltages on commercial 

and recreational vessels as well as 

people. After Barrier IIA was energized, 

the USACE completed safety testing in 

consultation with the U.S. Coast Guard 

in August of 2009, to test various 

configurations of commercial tugs and 

barges as well as recreational vessels 

with non-conductive hulls passing 

through the barriers at increased voltage 

and operating parameters. Although 

testing and analysis of the risks to 

persons and vessels have begun, such 

efforts are ongoing. 

Once Barrier IIB is energized, 

additional testing must be completed. In 

addition, the USACE is still in the 

process of determining what the optimal 

operational configurations of the 

barriers will be. Until all the barriers are 

operational, the strength and 

configuration of the barrier are finalized 

by the USACE and all necessary safety 

and operational testing is completed, 

the Coast Guard is unable to predict 

what waterway safety restrictions will 

be necessary in the vicinity of the 

electric dispersal barrier. As such, the 

Coast Guard is unable to give the public 

advanced notice of the final restrictions 

that will be necessary on the CSSC, but 

must take this immediate, interim action 

in order to prevent injury to people as 

well as damage to vessels and the 

waterway. Given the risks involved as 

well as the uncertainty of the situation, 

it is contrary to the public interest to 

delay the effective date of the RNA 

included in this rule. 

Safety Zone Good Cause Discussion 

In November 2009, the USACE made 

an announcement that it had discovered 

environmental deoxyribonucleic acid (edna) from Asian carp north of the fish 

barrier, indicating the potential that an 

unknown amount of Asian carp may be 

living in the waterways north of the fish 

barrier in the Cal-Sag Channel but south 

of the O’Brien Locks. Under 50 CFR Part 

16, Asian carp are listed as an injurious 

species of fish and as such are illegal for 

interstate transportation. A permit is 

required to transport all viable eggs, 

gametes, as well as live Silver or Asian 

carp. Historically, vessels have taken on 

water south of the barrier and 

transported it across the barrier as bilge, 

ballast, or other non-potable water. This 

practice is considered a possible bypass 

vector for transporting Asian carp eggs 

or juvenile fish from south of the barrier 

to north of the barrier. Although it not 

believed that Asian carp have been 

transported into the Great Lakes via this 

entry method, immediate action is 

needed to close down this possible 

bypass vector. In response to public 

comments on the previous interim rule, 

there is no indication that any particular 

type of vessel has transported Asian 

carp across the barrier or that any type 

of vessel is a higher risk than others for 

transporting Asian carp. For this reason, 

delaying the effective date for the safety 

zone included in this temporary interim 

rule would be contrary to the public 

interest. 

Background and Purpose 

The Nonindigenous Aquatic Nuisance 

Prevention and Control Act of 1990, as 

amended by the National Invasive 

Species Act of 1996, authorized the 

USACE to conduct a demonstration 

project to identify an environmentally 

sound method for preventing and 

reducing the dispersal of nonindigenous aquatic nuisance species 

through the CSSC. The USACE selected 

an electric barrier because it is a nonlethal deterrent with a proven history, 

which does not overtly interfere with 

navigation in the canal. 

A demonstration dispersal barrier 

(Barrier I) was constructed and has been 

in operation since April 2002. It is 

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located approximately 30 miles from 

Lake Michigan and creates an electric 

field in the water by pulsing low voltage 

DC current through steel cables secured 

to the bottom of the canal. A second 

barrier, Barrier IIA, was constructed 800 

to 1300 feet downstream of the Barrier 

I. The potential field strength for Barrier 

IIA is up to four times that of the Barrier 

I. Barrier IIA was successfully operated 

for the first time for approximately 

seven weeks in September and October 

2009. Construction of a third barrier 

(Barrier IIB) has commenced and is 

ongoing. Barrier IIB will augment the 

capabilities of Barriers I and IIA. Until 

all three barriers are functional at the 

same time and testing is completed, the 

USACE is unable to determine what the 

final operational configurations of the 

dispersal barrier will be. Until that time, 

the necessary long-term safety and 

environmental restrictions required for 

this portion of the CSSC cannot be 

determined. 

In the spring of 2004, a commercial 

towboat operator reported an electrical 

arc between a wire rope and timberhead 

while making up a tow in the vicinity 

of Barrier I. During subsequent USACE 

safety testing, sparking was observed at 

points where metal-to-metal contact 

occurred between two barges in the 

barrier field. 

The electric current in the water also 

poses a safety risk to commercial and 

recreational boaters transiting the area. 

The Navy Experimental Diving Unit 

(NEDU) was tasked with researching 

how the electric current from the 

barriers would affect a human body if 

immersed in the water. The NEDU final 

report concluded that the possible 

effects to a human body if immersed in 

the water include paralysis of body 

muscles, inability to breathe, and 

ventricular fibrillation. 

A Safety Work Group facilitated by 

the Coast Guard and in partnership with 

the USACE and industry initially met in 

February 2008 and focused on three 

goals: (1) Education and public 

outreach, (2) keeping people out of the 

water, and (3) egress/rescue efforts. The 

Safety Work Group has regularly been 

attended by eleven stakeholders, 

including industry representatives such 

as the American Waterways Operators 

and Illinois River Carriers Association, 

the Army Corps of Engineers Chicago 

District, Coast Guard Marine Safety Unit 

Chicago, Coast Guard Sector Lake 

Michigan/Captain of the Port Lake 

Michigan, and the Ninth Coast Guard 

District. 

Based on the safety hazards associated 

with electric current flowing through 

navigable waterways and the 

uncertainty of the effects of higher 

voltage on people and vessels that pass 

over and adjacent to the barriers, the 

Coast Guard is implementing 

operational restrictions, via an RNA, on 

vessels until proper testing and analysis 

of such testing can be completed by the 

USACE. The Coast Guard appreciates 

the commercial significance of this 

waterway and will work closely with 

the USACE to reduce operational 

restrictions as soon as possible; 

however, it is imperative that the RNA 

be immediately enacted to avoid loss of 

life. 

In addition to the USACE’s electric 

dispersal barrier, rotenone, a fish 

toxicant, has been applied to 

approximately six miles of the CSSC 

while barrier maintenance was 

conducted to ensure no fish were able 

to transit the barrier. As a result, 

evidence indicating the presence of 

Asian carp, including one Silver carp 

south of the barrier, was found in the 

general vicinity of the barrier. Although 

research efforts are ongoing, researchers 

have not been able to determine a 

number or mass of the Asian carp 

present either north or immediately 

south of the barrier. 

Affected parties are reminded that the 

USACE may, at any time, permanently 

raise the operating parameters of the 

fish barrier in response to ongoing tests 

regarding the effectiveness of the barrier 

on the Asian carp. In addition, when 

USACE activates barrier IIB, additional 

testing will be necessary to ensure the 

safety of vessels. If the USACE 

permanently raises the voltage strength 

of the Barrier or otherwise alters Barrier 

operations to create unacceptable risks 

to waterway users, it is possible that 

fewer vessels will be given permission 

to enter the RNA and safety zone until 

further safety testing and analysis can be 

completed. Interested parties are urged 

to provide comment on how a 

permanent closure of the CSSC at the 

affected location would impact them. 

Discussion of Rule 

This temporary interim rule replaces 

33 CFR 165.T09–1004, the last 

temporary rule published to address 

risks associated with Barrier IIA and the 

application of rotenone to the CSSC. 

This rule also suspends 33 CFR 165.923 

until 5 p.m. on December 1, 2011. This 

rule places an RNA on all waters located 

adjacent to, and over, the electrical 

dispersal barriers on the CSSC between 

mile marker 295.5 (approximately 3600 

feet south of the Romeo Road Bridge) 

and mile marker 297.2 (approximately 

2,640 feet north of the aerial pipeline 

arch). This RNA was reduced in size in 

response to public comments on a 

previous temporary interim rule. Public 

comments suggested that the RNA 

extend no further than 1,200 feet north 

and south of the aerial pipeline arch and 

the Romeo Road Bridge respectively. 

The Coast Guard finds that the current 

size of the RNA is necessary to account 

for situations where a vessel inside the 

barrier could come into contact with a 

vessel outside the barrier possibly 

causing sparking greater than 1,200 feet 

beyond the Romeo Road Bridge or the 

aerial pipeline arch. 

The rule also places a safety zone over 

a smaller portion of these same waters 

located between mile marker 296.1 

(approximately 958 feet south of the 

Romeo Road Bridge) and mile marker 

296.7 (aerial pipeline arch located 

approximately 2,693 feet north east of 

Romeo Road Bridge). The RNA and 

safety zone will be enforced at all times 

until the USACE suspends operation of 

the electrified fish barrier and the Asian 

carp are no longer deemed an 

environmental threat to the Great Lakes. 

This temporary rule is to remain in 

effect until December 1, 2011 in order 

to give sufficient time for the USACE to 

complete construction and testing of 

Barrier IIB and determine the long-term 

operational configurations associated 

with the electric dispersal barrier. 

The RNA places requirements on all 

vessels to include: (1) Vessels must be 

greater than twenty feet in length; (2) 

Vessel must not be a personal watercraft 

of any kind (i.e. jet skis, wave runners, 

kayak, etc.); (3) All up-bound and downbound commercial tows that consist of 

barges carrying flammable liquid cargos 

(grade A through C, flashpoint below 

140 degrees Fahrenheit, or heated to 

within 15 degrees Fahrenheit of flash 

point) must engage the services of a bow 

boat at all times until the entire tow is 

clear of the RNA; (4) Vessels engaged in 

commercial service, as defined in 46 

U.S.C 2101(5), may not pass (meet or 

overtake) in the RNA and must make a 

SECURITE call when approaching the 

RNA to announce intentions and work 

out passing arrangements on either side; 

(5) Commercial tows transiting the RNA 

must only be made up with wire rope 

to ensure electrical connectivity 

between all segments of the tow; (6) All 

vessels are prohibited from loitering in 

the RNA; (7) Vessels may enter the RNA 

for the sole purpose of transiting to the 

other side and must maintain headway 

throughout the transit; (8) All vessels 

and persons are prohibited from 

dredging, laying cable, dragging, fishing, 

conducting salvage operations, or any 

other activity, which could disturb the 

bottom of the RNA; (9) All personnel on 

vessels transiting the RNA should 

remain inside the cabin, or as inboard 

as practicable. If personnel must be on 

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open decks, they must wear a Coast 

Guard approved personal flotation 

device; (10) Vessels may not moor or lay 

up on the right or left descending banks 

of the RNA; and, (11) Towboats may not 

make or break tows if any portion of the 

towboat or tow is located in the RNA. 

Public comments to the previous 

temporary interim rule suggested that 

both recreational and commercial vessel 

traffic (1) be prohibited from loitering, 

mooring, or laying up on the left or right 

descending banks; (2) provide radio 

notification before entering the RNA; 

and (3) move through the RNA with all 

due speed. The Coast Guard believes 

that suggestions (1) and (3) are already 

covered by the terms of this RNA in that 

no vessels may loiter or moor within the 

RNA. Secondly, all vessels must enter 

the RNA for the sole purpose of 

transiting to the other side and must 

maintain headway. Given the various 

vessel designs and engine 

configurations, requiring a certain speed 

is not prudent or necessary. 

With regard to the requirement to 

have recreational vessels provide radio 

notification prior to entering the RNA, 

many of the recreational vessels that 

typically pass through the RNA are not 

required to carry marine band VHF 

radios. As such, requiring radio call outs 

is beyond the scope of this rule. 

Furthermore, the majority of 

recreational vessels that typically pass 

through the RNA are not comparable in 

size or maneuverability to the 

commercial vessels that typically pass 

through the RNA. As such, the Coast 

Guard finds that the proposed 

requirement is not necessary to prevent 

injury to persons, property, or the 

waterway. Furthermore, there has been 

no requirement for recreational vessels 

to make radio call outs since 2002 and 

there have been no reported casualties 

or incidents resulting from recreational 

vessels not calling out. 

This temporary final rule places 

additional restrictions on all vessels 

transiting a safety zone that 

encompasses a smaller portion of the 

CSSC. The safety zone consists of all the 

waters of the CSSC located between 270 

feet south of the Romeo Road Bridge 

(mile marker 296.1) to the south side of 

the aerial pipeline (mile marker 296.7). 

Vessels are prohibited from transiting 

the safety zone with non-potable water 

on board in any space except for water 

on board that will not be discharged on 

the other side of the safety zone. Vessels 

must notify and obtain permission from 

the Captain of the Port Sector Lake 

Michigan prior to transiting the safety 

zone if they intend to discharge any 

non-potable water attained on one-side 

of the safety zone on the other side of 

the zone. This includes water in void 

spaces being unintentionally introduced 

through cracks or other damage to the 

hull. The Captain of the Port Sector 

Lake Michigan maintains a telephone 

line that is manned 24-hours a day, 

seven days a week at 414–747–7182. 

Public comments on this portion of 

the rule requested that this rule exempt 

‘‘water on board from a commercial or 

municipal source (which ultimately 

could be discharged)’’ because it is 

inconsistent with Title 33 CFR Part 151. 

The Coast Guard declines to include 

such an exemption. First, the 

prohibitions in this rule are consistent 

with 33 CFR Part 151 because, under 

that Part, water from a commercial or 

municipal source held for the purpose 

to control or maintain trim, draught, 

stability, or stresses of the vessel, 

regardless of how it is carried, will still 

be considered ‘‘ballast water’’ as 

contemplated by Part 151. Therefore, 

Part 151 does not differentiate ballast 

water that is collected from commercial 

or municipal sources. 

Secondly, if vessel operators intend 

on transiting the zone with the intent of 

discharging non-potable water that 

comes from a commercial or municipal 

source north of the barrier, those vessels 

are able to request permission to 

demonstrate to the District Commander 

or his designated representative that 

such discharge would be biologically 

sound on a case-by-case basis. 

Public comments also requested that 

inadvertent leakage not be held as a 

violation of this rule because such a 

provision would be inconsistent with 

the Coast Guard’s ballast water 

regulation. Again, the Coast Guard finds 

that the prohibitions against the 

discharge of non-potable water in this 

rule are consistent with the Coast 

Guard’s ballast water regulations. Title 

33 CFR Part 151 requires vessels to 

retain ballast water on board or use an 

environmentally sound method of 

ballast water management approved by 

the Commandant. The Coast Guard’s 

interpretation of retaining ballast water 

on board does not allow for inadvertent 

leakage. Therefore, there is no 

inconsistency between the regulations. 

Furthermore, for those vessels that 

cannot avoid inadvertent leakage of 

non-potable water, they may be 

permitted to pass the safety zone if they 

can demonstrate through testing that the 

water does not contain potential Silver 

or Asian carp or viable eggs or gametes 

from these carp. 

These restrictions are necessary for 

safe navigation of the RNA 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 

USACE. They are also necessary to 

protect from the harms presented by a 

potential invasion of Asian carp in Lake 

Michigan. Deviation from this 

temporary final rule is prohibited unless 

specifically authorized by the 

Commander, Ninth Coast Guard District 

or his designated representatives. The 

Commander, Ninth Coast Guard District 

designates Captain of the Port Sector 

Lake Michigan and Commanding 

Officer, Marine Safety Unit Chicago, as 

his designated representatives for the 

purposes of the RNA. 

If, for any reason, the safety zone or 

RNA is at any time suspended, the 

Commander, Ninth Coast Guard District 

or the Captain of the Port Lake Michigan 

will cause notice of the enforcement of 

the safety zone and/or RNA to be made 

by all appropriate means to effect the 

widest publicity among the affected 

segments of the public. 

Regulatory Analyses 

We developed this temporary interim 

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. 

Regulatory Planning and Review 

This temporary interim 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. 

This rule will affect commercial 

traffic transiting the electrical dispersal 

fish barrier system and surrounding 

waters. The USACE maintains data 

about the commercial vessels using the 

Lockport Lock and Dam, which 

provides access to the proposed RNA. 

According to USACE data, the 

commercial traffic through the Lockport 

Lock consisted of 147 towing vessels 

and 13,411 barges during 2007. Of 

those, 96 towing vessels and 2,246 

barges were handling red flag cargo (i.e., 

those carrying hazardous, flammable, or 

combustible material in bulk). 

Recreational vessels will also be 

affected under this rule. According to 

USACE data, recreational vessels made 

up 66 percent of the usage of the 

Lockport Lock and Dam in 2007. 

Operation and maintenance of the 

USACE fish barrier will continue to 

affect recreational vessels as they have 

in the past. The majority of these vessels 

will still be able to transit the RNA 

under this rule. The potential cost 

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associated with this rule will include 

alternative transportation methods for 

vessels under 20 feet in length, bow boat 

assistance for red flag vessels and the 

potential costs associated with possible 

delays or inability to transit the safety 

zone for those vessels transporting nonpotable water attained on one side of the 

barrier for discharge on the other. 

We expect some provisions in this 

rule will not result in additional costs. 

These include loitering, mooring and 

PFD requirements. Similar to prior 

temporary rules, vessels are prohibited 

from mooring or loitering in the RNA 

and all personnel in the RNA on open 

decks are required to wear a Coast 

Guard approved Type I personal 

flotation device. Most commercial and 

recreational operators will have 

required flotation devices on board as a 

result of other requirements and 

common safe boating practices. Based 

on the past temporary rules, we 

observed no information and received 

no data to confirm there were additional 

costs as a result of these provisions. 

In addition, the initial test results at 

the current operating parameters of two 

volts per inch indicate that the majority 

of commercial and recreational vessels 

that regularly transit the CSSC will be 

permitted to enter the regulated 

navigation area and safety zone under 

certain conditions. Those vessels that 

will not be permitted to pass through 

the barrier may be permitted, on a case 

by case basis, to pass via a dead ship 

tow by a commercial vessel that is able 

to transit. 

We expect the benefits of this rule 

will mitigate marine safety risks as a 

result of the operation and maintenance 

of the fish barriers by the USACE. This 

rule will allow commerce to continue 

through the waters adjacent to and over 

these barriers. This rule will also 

mitigate the possibility of an Asian Carp 

introduction into Lake Michigan, and 

the Great Lakes system, as a result of 

commerce through the CSSC. 

At this time, based on available 

information from past temporary rules, 

we anticipate that this rule will not be 

economically significant under 

Executive Order 12866 (i.e., have an 

annual effect on the economy of $100 

million or more). The Coast Guard urges 

interested parties to submit comments 

that specifically address the economic 

impacts of this temporary interim rule. 

In response to public comments from 

the last temporary interim rule, the 

Coast Guard does not expect the USACE 

to resume funding of the bow boats. As 

such, interested parties are encouraged 

to comment on how this provision will 

impact them assuming there will be no 

Federal funding of bow boats. 

Comments can be made online by 

following the procedures outlined above 

in the ADDRESSES section. 

Small Entities 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612) requires agencies to 

consider whether regulatory actions 

would have a significant economic 

impact on a substantial number of small 

entities. The term ‘‘small entities’’ 

comprises small businesses, not-forprofit organizations that are 

independently owned and operated and 

are not dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. An RFA 

analysis is not required when a rule is 

exempt from notice and comment 

rulemaking under 5 U.S.C. 553(b). The 

Coast Guard determined that this rule is 

exempt from notice and comment 

rulemaking pursuant to 5 U.S.C. 

553(b)(B). Therefore, an RFA analysis is 

not required for this rule. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer 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). 

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 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 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 

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75150 Federal Register / Vol. 75, No. 231 / Thursday, December 2, 2010 / Rules and Regulations 

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 temporary 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 concluded that this action is one 

of the category of actions which do not 

individually or cumulatively have 

significant effect on the human 

environment. Therefore, this rule is 

categorically excluded, under section 

2.B.2 Figure 2–1, paragraph (34)(g), as 

well as paragraph (27) of the Instruction 

and neither an environmental 

assessment nor an environmental 

impact statement is required. This rule 

involves the establishing, 

disestablishing, or changing of regulated 

navigation areas and security or safety 

zones. This temporary rule will assist 

the aforementioned multi-agency effort 

to research and manage the possible 

impact of the Asian carp on the Great 

Lakes. An environmental analysis 

checklist and a 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, 

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 

■ 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, 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. 

§ 165.923 [Suspended] 

■ 2. Suspend § 165.923 from 5 p.m. on 

December 1, 2010 until 5 p.m. on 

December 1, 2011. 

■ 3. Add new temporary § 165.T09– 

1054 from 5 p.m. on December 1, 2010 

until 5 p.m. on December 1, 2011 as 

follows: 

§ 165.T09–1054 Safety Zone and Regulated 

Navigation Area, Chicago Sanitary and Ship 

Canal, Romeoville, IL. 

(a) Safety Zone. 

(1) The following area is a temporary 

safety zone: All waters of the CSSC 

located between mile marker 296.1 

(approximately 958 feet south of the 

Romeo Road Bridge) and mile marker 

296.7 (aerial pipeline arch located 

approximately 2,693 feet north east of 

Romeo Road Bridge). 

(2) Regulations. 

(i) All vessels are prohibited from 

transiting the safety zone with any nonpotable water on board if they intend to 

release that water in any form within, or 

on the other side of the safety zone. 

Non-potable water includes but is not 

limited to any water taken on board to 

control or maintain trim, draft, stability 

or stresses of the vessel, or taken on 

board due to free communication 

between the hull of the vessel and 

exterior water. Potable water is water 

treated and stored aboard the vessel that 

is suitable for human consumption. 

(ii) Vessels with non-potable water 

onboard are permitted to transit the 

safety zone if they have taken steps to 

prevent the release of that water in any 

form, in or on the other side of, the 

safety zone, or alternatively if they have 

plans to dispose of the water in a 

biologically sound manner. 

(iii) Vessels with non-potable water 

aboard that intend to discharge on the 

other side of the zone must contact the 

COTP, her designated representative or 

her on-scene representative and obtain 

permission to transit and discharge 

prior to transit. Examples of discharges 

that may be approved by the COTP 

include plans to dispose of the water in 

a biologically sound manner or 

demonstrate through testing that the 

non-potable water does not contain 

potential live Silver or Asian carp, or 

viable eggs or, gametes from these carp. 

(iv) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, or anchoring within this 

safety zone by vessels with non-potable 

water on board is prohibited unless 

authorized by the Captain of the Port 

Lake Michigan, her designated 

representative, or her on-scene 

representative. 

(v) 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 Lake Michigan to act 

on her behalf. The on-scene 

representative of the Captain of the Port 

Lake Michigan will be aboard a Coast 

Guard, Coast Guard Auxiliary, or other 

designated vessel or will be on shore 

and will communicate with vessels via 

VHF–FM radio or loudhailer. The 

Captain of the Port Lake Michigan or her 

on-scene representative may also be 

contacted via VHF–FM radio Channel 

16 or through the Coast Guard Sector 

Lake Michigan Command Center at 414– 

747–7182. 

(b) Regulated Navigation Area. (1) 

The following is a regulated navigation 

area (RNA): All waters of the Chicago 

Sanitary and Ship Canal, Romeoville, IL 

located between mile marker 295.5 

(approximately 3,600 feet south of the 

Romeo Road Bridge) and mile marker 

297.2 (approximately 2,640 feet north of 

the aerial pipeline arch). 

(2) Regulations. 

(i) The general regulations contained 

in 33 CFR 165.13 apply. 

(ii) Vessels that comply with the 

following restrictions are permitted to 

transit the RNA: 

(A) All up-bound and down-bound 

barge tows that consist of barges 

carrying flammable liquid cargos (Grade 

A through C, flashpoint below 140 

degrees Fahrenheit, or heated to within 

15 degrees Fahrenheit of flash point) 

must engage the services of a bow boat 

at all times until the entire tow is clear 

of the RNA. 

(B) Vessels engaged in commercial 

service, as defined in 46 U.S.C. 2101(5), 

may not pass (meet or overtake) in the 

RNA and must make a SECURITE call 

when approaching the RNA to 

announce intentions and work out 

passing arrangements. 

(C) Commercial tows transiting the 

RNA must be made up with only wire 

rope to ensure electrical connectivity 

between all segments of the tow. 

(D) All vessels are prohibited from 

loitering in the RNA. 

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Federal Register / Vol. 75, No. 231 / Thursday, December 2, 2010 / Rules and Regulations 75151 

(E) Vessels may enter the RNA for the 

sole purpose of transiting to the other 

side and must maintain headway 

throughout the transit. All vessels and 

persons are prohibited from dredging, 

laying cable, dragging, fishing, 

conducting salvage operations, or any 

other activity, which could disturb the 

bottom of the RNA. 

(F) Except for law enforcement and 

emergency response personnel, all 

personnel on vessels transiting the RNA 

should remain inside the cabin, or as 

inboard as practicable. If personnel 

must be on open decks, they must wear 

a Coast Guard approved personal 

flotation device. 

(G) Vessels may not moor or lay up on 

the right or left descending banks of the 

RNA. 

(H) Towboats may not make or break 

tows if any portion of the towboat or 

tow is located in the RNA. 

(I) Persons on board any vessel 

transiting this RNA in accordance with 

this rule or otherwise are advised they 

do so at their own risk. 

(J) Vessels must be greater than 

twenty feet in length. 

(K) Vessels must not be a personal 

watercraft of any kind (e.g. jet skis, wave 

runners, kayaks, etc.). 

(c) Definitions. The following 

definitions apply to this section: 

Bow boat means a towing vessel 

capable of providing positive control of 

the bow of a tow containing one or more 

barges, while transiting the RNA. The 

bow boat must be capable of preventing 

a tow containing one or more barges 

from coming into contact with the shore 

and other moored vessels. 

Designated representative means the 

Captain of the Port Lake Michigan and 

Commanding Officer, Marine Safety 

Unit Chicago. 

Vessel means every description of 

watercraft or other artificial contrivance 

used, or capable or being used, as a 

means of transportation on water. This 

definition includes, but is not limited 

to, barges. 

(d) Enforcement Period. The regulated 

navigation area and safety zone will be 

enforced from 5 p.m. on December 1, 

2010, until 5 p.m. on December 1, 2011. 

This regulated navigation area and 

safety zone are enforceable with actual 

notice by Coast Guard personnel 

beginning 5 p.m. on December 1, 2010, 

until 5 p.m. on December 1, 2011. 

(e) Compliance. All persons and 

vessels must comply with this section 

and any additional instructions or 

orders of the Ninth Coast Guard District 

Commander, or his designated 

representatives. Any person on board 

any vessel transiting this RNA in 

accordance with this rule or otherwise 

does so at their own risk. 

(f) Waiver. For any vessel, the Ninth 

Coast Guard District Commander, or his 

designated representatives, may waive 

any of the requirements of this section, 

upon finding that operational 

conditions or other circumstances are 

such that application of this section is 

unnecessary or impractical for the 

purposes of vessel and mariner safety. 

Dated: November 22, 2010. 

M.N. Parks, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2010–30289 Filed 12–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 20 

International Service Changes—Israel 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service will revise 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM®) section 243.13, the 

Country Price Groups and Weight 

Limits, and the Individual Country 

Listings to incorporate a change in 

Israel’s First-Class Mail International®

price group. 

DATES: Effective January 2, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Obataiye B. Akinwole at 202–268–2260. 

SUPPLEMENTARY INFORMATION: On July 9, 

2010, the Postal Service published a 

proposed rule Federal Register notice 

(75 FR 39475–39477) that included a 

change to Israel’s First-Class Mail 

International price group from Price 

Group 8 to Price Group 5 in order to 

align operational efficiencies more 

closely with costs. 

This minor classification change was 

required to be filed with the Postal 

Regulatory Commission (PRC). The 

Postal Service did so as part of its 

request for an exigent price increase on 

July 6, 2010. Although the PRC rejected 

the exigent price filing, it invited the 

Postal Service to file separately the 

classification changes incorporated in 

the exigent price request. On November 

3, 2010, the Postal Service filed such a 

request to implement the change to 

Israel’s Price Group for First-Class Mail 

International. The Commission 

concurred with the notice on November 

22, 2010. 

List of Subjects in 39 CFR Part 20 

Foreign relations, International postal 

services. 

■ Accordingly, 39 CFR Part 20 is 

amended as follows: 

PART 20—[AMENDED] 

■ 1. The authority citation for 39 CFR 

Part 20 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 407, 414, 416, 3001–3011, 

3201–3219, 3403–3406, 3621, 3622, 3626, 

3632, 3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, International Mail 

Manual (IMM), as follows: 

* * * * * 

2 Conditions for Mailing 

* * * * * 

240 First-Class Mail International 

* * * * * 

243 Prices and Postage Payment 

Methods 

243.1 Prices 

* * * * * 

243.13 Destinating Countries and 

Price Groups 

* * * * * 

Exhibit 243.13 

First-Class Mail International Price 

Groups 

[Revise Exhibit 243.13 by changing 

the Price Group for Israel to Price Group 

5 as follows:] 

Country Price group 

*****

Israel 5 

*****

* * * * * 

Country Price Groups and Weight 

Limits 

* * * * * 

[Revise the listing for Israel by 

changing the Price Group for First-Class 

Mail International to Price Group 5 as 

follows:] 

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