6352 Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Rules and Regulations 

Webster 

Area of Application. Survey area plus: 

Missouri: 

Barry 

Barton 

Benton 

Bollinger 

Butler 

Camden 

Cape Girardeau 

Carter 

Cedar 

Dade 

Dallas 

Dent 

Douglas 

Hickory 

Howell 

Iron 

Jasper 

Lawrence 

Madison 

Maries 

Miller 

Mississippi 

Moniteau 

Morgan 

New Madrid 

Newton 

Oregon 

Ozark 

Perry 

Polk 

Reynolds 

Ripley 

St. Clair 

Scott 

Shannon 

Stoddard 

Stone 

Taney 

Texas 

Vernon 

Wayne 

Wright 

Kansas: 

Cherokee 

Crawford 

* * * * * 

OKLAHOMA 

* * * * * 

Tulsa 

Survey Area 

Oklahoma: 

Creek 

Mayes 

Muskogee 

Osage 

Pittsburg 

Rogers 

Tulsa 

Wagoner 

Area of Application. Survey area plus: 

Oklahoma: 

Adair 

Cherokee 

Choctaw 

Craig 

Delaware 

Haskell 

Kay 

Latimer 

Le Flore 

McCurtain 

McIntosh 

Nowata 

Okfuskee 

Okmulgee 

Ottawa 

Pawnee 

Pushmataha 

Sequoyah 

Washington 

Arkansas: 

Benton 

Carroll 

Crawford 

Madison 

Sebastian 

Washington 

Missouri: 

McDonald 

* * * * * 

[FR Doc. E9–2629 Filed 2–6–09; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1412 

RIN 0560-AH84 

Direct and Counter-Cyclical Program 

and Average Crop Revenue Election 

Program 

Correction 

In rule document E8–30763 beginning 

on page 79284 in the issue of December 

29, 2008, make the following correction: 

§1412.53 [Corrected] 

On page 79299, in the third column, 

§1412.53(b)(1)(ii)(K) should read: 

(K) Other oilseeds–$9.30/cwt. 

[FR Doc. Z8–30763 Filed 2–6–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1247] 

RIN 1625–AA11 

Regulated Navigation Area and 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 a regulated navigation area 

and safety zone on the Chicago Sanitary 

and Ship Canal near Romeoville, IL. 

This temporary interim rule places 

navigational and operational restrictions 

on all vessels transiting the navigable 

waters located adjacent to and over the 

Army Corps of Engineers’ electrical 

dispersal fish barrier system. 

DATES: This temporary interim rule is 

effective from 11:59 p.m. on January 17, 

2009, until September 30, 2009. 

Comments and related material must 

reach the Docket Management Facility 

on or before April 10, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2008–1247 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–2008–1247), 

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 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Rules and Regulations 6353 

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– 

2008–1247’’ 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– 

2008–1247 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 to the Docket Management 

Facility at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

Regulatory Information 

The Coast Guard is issuing this 

temporary interim 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 the 

electric current in the water poses a 

safety risk to commercial and 

recreational boaters who transit the area. 

Likewise, 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 because of the safety risk to 

commercial and recreational boaters 

who transit the area. The following 

discussion and the Background and 

Purpose section below provides 

additional support of the Coast Guard’s 

determination that good causes exists 

for not publishing a NPRM and for 

making this rule effective less than 30 

days after publication. 

In 2002, the Army Corps of Engineers 

energized a demonstration electrical 

dispersal barrier located in the Chicago 

Sanitary and Ship Canal. 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 Army Corps completed 

construction of a new barrier, ‘‘Barrier 

IIA.’’ Barrier IIA is designed to operate 

continuously at one-volt per inch, and 

can operate at higher levels. Barrier IIA 

is slated to undergo additional testing to 

determine optimal operating levels. 

Because of its design, Barrier IIA can 

generate a more powerful electric field, 

over a larger area within the Chicago 

Sanitary and Ship Canal, than Barrier I. 

A comprehensive, independent 

analysis of Barrier IIA, conducted in 

2008, 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. Operating Barrier IIA 

at four-volts per inch (the maximum 

capacity) presents a higher risk; 

however, there is no data yet to indicate 

how much higher. The Coast Guard and 

Army Corps developed regulations and 

safety guidelines, with stakeholder 

input, which addressed the risks and 

hazards associated with operating the 

barriers at the one-volt per inch level. 

These regulations were published in 33 

CFR 165.923, 70 FR 76692 (Dec 28, 

2005) and in a series of temporary final 

rules: 71 FR 4488 (Jan 27, 2006); 71 FR 

19648 (Apr 17, 2006); 73 FR 33337 (Jun 

12, 2008); 73 FR 37810 (Jul 2, 2008); 73 

FR 45875 (Aug 7, 2008); and 73 FR 

63633 (Oct 27, 2008). 

The Army Corps of Engineers recently 

notified the Coast Guard that it plans to 

activate Barrier IIA on a full-time basis 

starting in middle to late January 2009. 

Both Barrier IIA and Barrier I will 

operate at the same time; hence, Barrier 

I will provide a redundant back up to 

Barrier IIA. 

The Coast Guard has advised the 

Army Corps of Engineers that it has no 

objection to the Army Corps activating 

Barrier IIA at a maximum strength of 

one-volt per inch, which is the 

operating strength of Barrier I. In 

addition, the Coast Guard advised the 

Army Corps that it does not object to the 

Army Corps’ plans for additional testing 

of Barrier IIA at peak field strength of 

up to four-volts per inch. Peak field 

strength tests are necessary to evaluate 

safety risks to mariners and their vessels 

when Barrier IIA is operated at a higher 

voltage. 

To mitigate the safety risks created by 

operation of the barriers, navigational 

and operational restrictions are 

necessary for all vessels transiting 

through the navigable waters located 

adjacent to and over the barriers. 

Specifically, and as discussed in more 

detail in the Discussion of the Rule 

section below, the Coast Guard is 

establishing a regulated navigation area, 

which requires vessels to adhere to 

specified operational and navigational 

requirements while inside the regulated 

navigation area. In addition, the Coast 

Guard will occasionally enforce a safety 

zone, which prohibits the movement of 

all vessels and persons through the 

electrical dispersal barriers during tests 

of Barrier IIA at voltages higher than 

one-volt per inch. 

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 

Army Corps of Engineers to conduct a 

demonstration project to identify an 


cprice-sewell on PRODPC61 with RULES
6354 Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Rules and Regulations 

environmentally sound method for 

preventing and reducing the dispersal of 

non-indigenous aquatic nuisance 

species through the Chicago Sanitary 

and Ship Canal. The Army Corps of 

Engineers selected an electric barrier 

because it is a non-lethal 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 

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 will be 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 2008, while 

Barrier I was taken down for 

maintenance. Construction on a third 

barrier (Barrier IIB) is planned; Barrier 

IIB would augment the capabilities of 

Barriers I and IIA. 

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 the Barrier I. During subsequent 

Army Corps of Engineers safety testing 

in January 2005, sparking was observed 

upon metal-to-metal contact between 

two independent barges in the barrier 

field. 

The electric current in the water 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 Army Corps of Engineers 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. Key partners 

include the American Waterways 

Operators, Illinois River Carriers 

Association, 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. During the past twelve months, 

the Coast Guard has hosted five Safety 

Work Group meetings with full 

participation from stakeholders. 

Based on the commercial significance 

and successful transit history of the 

Barrier I by thousands of barges since its 

inception in April 2002, and Barrier IIA 

during Fall 2008, the Coast Guard has 

not chosen to close the waterway 

despite the proven electrical discharge 

hazard and additional safety concerns. 

Tows spanning Barrier IIA and the coal 

fired power plant barge loading area just 

south of the RNA remain a concern. 

Accordingly, because of the safety risks 

involved, it is imperative that the Coast 

Guard implements increased safety 

measures for the operation of both 

Barriers I and IIA. 

In addition to this temporary interim 

rule, the Coast Guard intends to publish 

a Notice of Proposed Rulemaking 

(NPRM). The NPRM will propose 

establishing a permanent regulated 

navigation area and safety zone that is 

identical to the regulated navigation 

area and safety zone established by this 

temporary interim rule. We encourage 

the public to participate in the rule 

proposed by our NPRM by submitting 

comments and related materials to the 

docket. The NPRM will contain 

information on how to submit 

comments and will be part of the docket 

number for this rulemaking (USCG– 

2008–1247). To view the NPRM, once 

published, as well as documents 

mentioned in this preamble as being 

available in the docket, go to http:// 

www.regulations.gov at any time, click 

on ‘‘Search for Dockets,’’ and enter the 

docket number for this rulemaking 

(USCG–2008–1247) in the Docket ID 

box, and click enter. You may also visit 

the Docket Management Facility in 

Room W12–140 on the ground floor of 

the DOT West Building, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Discussion of Rule 

This temporary interim rule will 

suspend 33 CFR 165.923 and will place 

additional restrictions on all vessels 

transiting through the navigable waters 

located adjacent to and over the 

electrical dispersal barriers located on 

the Chicago Sanitary and Ship Canal. 

The regulated navigation area 

encompasses all waters of the Chicago 

Sanitary and Ship Canal located 

between mile marker 295.0 

(approximately 1.1 miles south of the 

Romeo Road Bridge) and mile marker 

297.5 (approximately 1.3 miles 

northeast of the Romeo Road Bridge). 

The requirements placed on commercial 

vessels include: (1) Vessels engaged in 

commercial service, as defined in 46 

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

overtake) in the regulated navigation 

area and must make a SECURITE call 

when approaching the regulated 

navigation area to announce intentions 

and work out passing arrangements on 

either side; (2) commercial tows 

transiting the regulated navigation area 

must be made up with wire rope to 

ensure electrical connectivity between 

all segments of the tow; and (3) all upbound and down-bound barge tows that 

contain one or more red flag barges must 

be assisted by a bow boat until the 

entire tow is clear of the regulated 

navigation area. Red flag barges are 

barges certificated to carry, in bulk, any 

hazardous material as defined in 46 CFR 

§ 150.115. Currently, 46 CFR § 150.115 

defines hazardous material as: 

(a) A flammable liquid as defined in 

46 CFR 30.10–22 or a combustible 

liquid as defined in 46 CFR 30.10–15; 

(b) A material listed in Table 151.05, 

Table 1 of part 153, or Table 4 of part 

154 of Title 46, CFR; or 

(c) A liquid, liquefied gas, or 

compressed gas listed in 49 CFR 

172.101. 

The Army Corps of Engineers has 

informed the Coast Guard that the Corps 

will continue to contract bow boat 

assistance for barge tows containing one 

or more red flag barges. The Army Corps 

of Engineers has also advised the Coast 

Guard that they have funds to contract 

bow boat assistance through September 

30, 2009. Operators of tows containing 

one or more red flag barges should 

notify the bow boat contractor at least 

two hours prior to the need for 

assistance. The tow operator should 

then remain in contact with the 

contractor after the initial call for bow 

boat assistance and advise the 

contractor of any delays. Information on 

how to arrange for bow boat assistance 

may be obtained by contacting the Army 

Corps of Engineers at 312–846–5333, 

during normal working hours. The Coast 

Guard will also publish this information 

in its Local Notice to Mariners. 

This temporary interim rule places 

additional restrictions and operating 

requirements on all vessels within a 

smaller portion of the regulated 

navigation area, specifically, the waters 

between the Romeo Road Bridge 

(approximate mile marker 296.18) and 

mile marker 296.7 (aerial pipeline 

located approximately 0.51 miles north 

east of Romeo Road Bridge). Within this 

smaller area, this temporary interim rule 

prohibits all vessels from loitering, 

mooring or laying up on the right or left 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Rules and Regulations 6355 

descending banks, or making or 

breaking tows on the waters between the 

Romeo Road Bridge (approximate mile 

marker 296.18) and mile marker 296.7 

(aerial pipeline located approximately 

0.51 miles north east of Romeo Road 

Bridge). In addition, vessels may only 

enter the waters between the Romeo 

Road Bridge (approximate mile marker 

296.18) and mile marker 296.7 (aerial 

pipeline located approximately 0.51 

miles north east of Romeo Road Bridge) 

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 canal in the area located 

between the Romeo Road Bridge 

(approximate mile marker 296.18) and 

mile marker 296.7 (aerial pipeline 

located approximately 0.51 miles north 

east of Romeo Road Bridge). The 

temporary interim rule also requires all 

personnel on open decks to wear a Coast 

Guard approved Type I personal 

flotation device while on the waters 

between the Romeo Road Bridge 

(approximate mile marker 296.18) and 

mile marker 296.7 (aerial pipeline 

located approximately 0.51 miles north 

east of Romeo Road Bridge). 

These restrictions are necessary for 

safe navigation of the regulated 

navigation area and to ensure the safety 

of vessels and their personnel as well as 

the public’s safety due to the electrical 

discharges noted during safety tests 

conducted by the U.S. Army Corps of 

Engineers. Deviation from this 

temporary interim 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 Lake 

Michigan and Commanding Officer, 

Marine Safety Unit Chicago, as his 

designated representatives for the 

purposes of the regulated navigation 

area. 

A safety zone will be enforced during 

tests of Barrier IIA at voltages higher 

than one-volt per inch. This safety zone, 

which encompasses all the waters of the 

Chicago Sanitary and Ship Canal 

located between mile marker 296.0 

(approximately 958 feet south of the 

Romeo Road Bridge) and mile marker 

296.7 (aerial pipeline located 

approximately 0.51 miles north east of 

Romeo Road Bridge), will be enforced 

by the Captain of the Port Lake 

Michigan, for such times before, during, 

and after barrier testing as he or she 

deems necessary to protect mariners and 

vessels from damage or injury. The 

Captain of the Port Lake Michigan will 

cause notice of enforcement or 

suspension of enforcement of this safety 

zone to be made by all appropriate 

means to effect the widest publicity 

among the affected segments of the 

public. Such means of notification will 

include, but is not limited to, Broadcast 

Notice to Mariners and Local Notice to 

Mariners. The Captain of the Port will 

issue a Broadcast Notice to Mariners 

notifying the public when enforcement 

of the safety zone is suspended. In 

addition, Captain of the Port Lake 

Michigan maintains a telephone line 

that is manned 24 hours a day, seven 

days a week. The public can obtain 

information concerning enforcement of 

the safety zone by contacting the 

Captain of the Port Lake Michigan via 

the Coast Guard Sector Lake Michigan 

Command Center at (414) 747–7182. 

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. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This determination is based on the 

following: (1) Vessel traffic may 

continue to transit through the regulated 

navigation area; (2) the Army Corps of 

Engineers intends to pay the cost of the 

bow boat required by barge tows 

containing one or more red flag barges 

during the time this rule is effective; (3) 

the safety zone will only be enforced on 

an occasional basis; and (4) vessels may 

request permission from the Captain of 

the Port Lake Michigan to transit 

through the safety zone when the safety 

zone is enforced. 

As discussed in the ‘‘Regulatory 

Information’’ section above, the Coast 

Guard has established and enforced 

temporary safety zones, which 

prohibited all vessels from entering the 

waters located over and adjacent to the 

electric dispersal barriers during testing. 

During past safety zone enforcement, 

the Coast Guard, in coordination with 

the Army Corps of Engineers, provided 

advance notice of the waterway closure 

and monitored vessel traffic during 

closure of the waterway. During these 

prior tests, testing occurred during 

three, two-hour blocks of time. In 

between these two-hour blocks of time, 

vessel traffic was granted permission by 

the Captain of the Port to transit through 

the safety zone. 

Exact dates, times and duration of 

tests have not yet been finalized by the 

Army Corps for testing Barrier IIA at 

peak field strength. Nevertheless, the 

Coast Guard will coordinate with the 

Army Corps and waterway users, as it 

has done during past testing. 

Coordination efforts will include 

providing as much advance notice as 

possible to waterway users of planned 

closures and working with the Army 

Corps to structure testing dates, times 

and duration so as to minimize delays 

to vessels that transit the area. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule would affect the following 

entities, some of which might be small: 

The owners and operators of vessels 

intending to transit or anchor in a 

portion of the Chicago Sanitary and 

Ship Canal. 

This regulated navigation area and 

safety zone will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons: (1) Vessel traffic may 

continue to transit through the regulated 

navigation area; (2) the Army Corps of 

Engineers intends to pay the cost of the 

bow boat required by barge tows 

containing one or more red flag barges 

during the time this rule is effective; (3) 

the safety zone will only be enforced on 

an occasional basis; and (4) vessels may 

request permission from the Captain of 

the Port Lake Michigan to transit 

through the safety zone when the safety 

zone is enforced. The Coast Guard will 

give notice to the public, using all 

appropriate means to effect the widest 

publicity among the affected segments 

of the public, when the safety zone is 

enforced and when enforcement is 

suspended. 


cprice-sewell on PRODPC61 with RULES
6356 Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Rules and Regulations 

As noted above, the Coast Guard 

intends to publish an NPRM and 

specifically seek public comment as to 

a permanent regulated navigation area 

and safety zone. The Coast Guard 

encourages public comment regarding 

the potential economic impact of the 

regulated navigation area and safety 

zone. 

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 

The Coast Guard recognizes the treaty 

rights of Native American Tribes. 

Moreover, the Coast Guard is committed 

to working with Tribal Governments to 

implement local policies and to mitigate 

tribal concerns. We have determined 

that these regulations and fishing rights 

protection need not be incompatible. 

We have also determined that 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. 

Nevertheless, Indian Tribes that have 

questions concerning the provisions of 

this rule or options for compliance are 

encouraged to contact the point of 

contact listed under FOR FURTHER

INFORMATION CONTACT. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 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 a 

significant effect on the human 

environment. Therefore, this rule is 

categorically excluded, under section 

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


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Rules and Regulations 6357 

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. Section 165.923 is suspended from 

January 18, 2009 until September 30, 

2009. 

■ 3. A new temporary § 165.T09–1247 is 

added as follows: 

§ 165.T09–1247 Regulated Navigation Area 

and Safety Zone, Chicago Sanitary and Ship 

Canal, Romeoville, IL. 

(a) Regulated Navigation Area. The 

following is a Regulated Navigation 

Area: All waters of the Chicago Sanitary 

and Ship Canal, Romeoville, IL located 

between mile marker 295.0 

(approximately 1.1 miles south of the 

Romeo Road Bridge) and mile marker 

297.5 (approximately 1.3 miles 

northeast of the Romeo Road Bridge). 

(1) Definitions. The following 

definitions apply to this section: 

Designated representatives means the 

Captain of the Port Lake Michigan and 

Commanding Officer, Marine Safety 

Unit Chicago. 

Red flag barge means any barge 

certificated to carry any hazardous 

material in bulk. 

Hazardous material means any 

material as defined in 46 CFR 150.115. 

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 regulated 

navigation area. 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. 

(2) Regulations. (i) The general 

regulations contained in 33 CFR 165.13 

apply. 

(ii) All up-bound and down-bound 

barge tows that contain one or more red 

flag barges transiting through the 

regulated navigation area must be 

assisted by a bow boat until the entire 

tow is clear of the regulated navigation 

area. 

(iii) Vessels engaged in commercial 

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

may not pass (meet or overtake) in the 

regulated navigation area and must 

make a SECURITE call when 

approaching the regulated navigation 

area to announce intentions and work 

out passing arrangements on either side. 

(iv) Commercial tows transiting the 

regulated navigation area must be made 

up with wire rope to ensure electrical 

connectivity between all segments of the 

tow. 

(v) All vessels are prohibited from 

loitering between the Romeo Road 

Bridge (approximate mile marker 

296.18) and mile marker 296.7 (aerial 

pipeline located approximately 0.51 

miles north east of Romeo Road Bridge). 

(vi) Vessels may enter the waters 

between the Romeo Road Bridge 

(approximate mile marker 296.18) and 

mile marker 296.7 (aerial pipeline 

located approximately 0.51 miles north 

east of Romeo Road Bridge) 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 canal in 

the area located between the Romeo 

Road Bridge (approximate mile marker 

296.18) and mile marker 296.7 (aerial 

pipeline located approximately 0.51 

miles north east of Romeo Road Bridge). 

(vii) All personnel on open decks 

must wear a Coast Guard approved Type 

I personal flotation device while in the 

waters between the Romeo Road Bridge 

(approximate mile marker 296.18) and 

mile marker 296.7 (aerial pipeline 

located approximately 0.51 miles north 

east of Romeo Road Bridge). 

(viii) Vessels may not moor or lay up 

on the right or left descending banks of 

the waters between the Romeo Road 

Bridge (approximate mile marker 

296.18) and mile marker 296.7 (aerial 

pipeline located approximately 0.51 

miles north east of Romeo Road Bridge). 

(ix) Towboats may not make or break 

tows if any portion of the towboat or 

tow is located in the waters between the 

Romeo Road Bridge (approximate mile 

marker 296.18) and mile marker 296.7 

(aerial pipeline located approximately 

0.51 miles north east of Romeo Road 

Bridge). 

(3) 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. 

(4) 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. 

(b) Safety Zone. (1) The following area 

is a safety zone: All waters of the 

Chicago Sanitary and Ship Canal 

located between mile marker 296.0 

(approximately 958 feet south of the 

Romeo Road Bridge) and mile marker 

296.7 (aerial pipeline located 

approximately 0.51 miles north east of 

Romeo Road Bridge). 

(2) Notice of enforcement or 

suspension of enforcement. The Captain 

of the Port Lake Michigan will enforce 

the safety zone established by this 

section only upon notice. Captain of the 

Port Lake Michigan will cause notice of 

the enforcement of this safety zone to be 

made by all appropriate means to effect 

the widest publicity among the affected 

segments of the public including 

publication in the Federal Register as 

practicable, in accordance with 33 CFR 

§ 165.7(a). Such means of notification 

may also include but are not limited to, 

Broadcast Notice to Mariners or Local 

Notice to Mariners. The Captain of the 

Port Lake Michigan will issue a 

Broadcast Notice to Mariners and Local 

Notice to Mariners notifying the public 

when enforcement of these safety zones 

is suspended. 

(3) Regulations. (i) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan, or 

his on-scene representative. 

(ii) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Lake Michigan or his on-scene 

representative. 

(iii) The ‘‘on-scene representative’’ of 

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. The Captain of the Port or his onscene representative may be contacted 

via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Lake 

Michigan or his on-scene representative 

to obtain permission to do so. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Lake Michigan or his 

on-scene representative. 

Dated: January 16, 2009. 

D.R. Callahan, 

Captain, U.S. Coast Guard, Commander, 

Ninth Coast Guard District Acting. 

[FR Doc. E9–2408 Filed 2–6–09; 8:45 am] 

BILLING CODE 4910–15–P 


cprice-sewell on PRODPC61 with RULES