26094 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

of the Gulf of Mexico near Mississippi 

Canyon 252. 

(b) Regulation. No vessel may enter or 

remain in this safety zone except the 

following: 

(1) An attending or first response 

vessel; or 

(2) A vessel authorized by the 

Commander, Eighth Coast Guard 

District or a designated representative. 

Dated: 26 April 2010. 

Mary E. Landry, 

Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2010–10945 Filed 5–10–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0166] 

RIN 1625–AA00 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

from Brandon Road Lock and Dam to 

Lake Michigan. This temporary safety 

zone will cover 77 miles of navigable 

waterways in the Chicago area. This 

temporary interim rule is intended to 

restrict vessels from entering certain 

segments of the navigable waters of the 

Des Plaines River, the Chicago Sanitary 

and Ship Canal (CSSC), branches of the 

Chicago River, and the CalumetSaganashkee Channel (Cal-Sag 

Channel). This temporary safety zone is 

necessary to protect the waters, 

waterway users and vessels from 

hazards associated with a myriad of 

actions designed to control the spread of 

aquatic nuisance species. Because 

Federal and State agencies may take 

such actions at any time and in any 

segment of the waterways covered by 

this temporary safety zone, this rule 

provides the Captain of the Port, Sector 

Lake Michigan, the ability to take 

targeted and expeditious action in order 

to protect vessels and persons from the 

hazards associated with any Federal and 

State efforts to control aquatic nuisance 

species. 

DATES: Effective Date: This rule is 

effective in the CFR on May 11, 2010 

through March 1, 2011. This rule is 

effective with actual notice for purposes 

of enforcement on April 28, 2010. This 

rule will remain in effect until March 1, 

2011. 

Comment Period: Comments and 

related material must reach the Coast 

Guard on or before July 12, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0166 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 four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

CDR Tim Cummins, Deputy Prevention 

Division, Ninth Coast Guard District, 

telephone 216–902–6045, e-mail 

address Timothy.M.Cummins@uscg.mil. 

If you have questions related to the 

application of piscicide, please contact 

Mr. Bill Bolen, U.S. Environmental 

Protection Agency, Senior Advisor, 

Great Lakes National Program Office, 77 

W. Jackson Blvd., Chicago, Il. 60604, at 

(312) 353–6316. 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–2010–0166), 

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 (via http:// 

www.regulations.gov) or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered received by the Coast Guard 

when it is received at the Docket 

Management Facility. We recommend 

that you include your name and mailing 

address, e-mail address, or telephone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2010–0166’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit 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 comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

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, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0166’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

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

Monday through Friday, except Federal 

holidays. 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 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26095 

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 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 

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 temporary interim 

rule because doing so would be both 

impracticable and contrary to the public 

interest. 

The serious threat posed by Asian 

Carp migration requires swift 

development and implementation of 

Federal and State countermeasures to 

fight the spread of this invasive species. 

The Coast Guard anticipates that 

Federal and State agencies, intensely 

focused on controlling the Asian Carp 

migration, will often act with little 

notice when implementing their 

countermeasures. Because the Coast 

Guard expects these countermeasures to 

pose serious risks to life and property 

along the waterways discussed in this 

rule, it is necessary that the Coast Guard 

stand at the ready to rapidly respond to 

any action taken by Federal or State 

agents. Waiting for the NPRM process to 

run would delay the Coast Guard’s 

readiness to protect the general public 

and therefore, is impracticable and 

contrary to the public interest. 

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. Just like with the NPRM 

process, waiting 30 days after this rule’s 

publication in the Federal Register for 

it to go into effect would delay the Coast 

Guard’s readiness and ability to respond 

commensurate to any swift action taken 

by Federal and State agencies. Delaying 

the effective date of this rule, therefore, 

is impracticable and contrary to the 

public interest. 

While we are issuing this regulation 

under the good cause provisions of the 

APA, we do value public input into our 

rulemaking. For this reason, we request 

comments on this rule and may change 

the provisions of this temporary 

regulation in response to comments. 

Background and Purpose 

In 2007, the Department of the 

Interior through the Fish and Wildlife 

Service listed the Asian Carp and the 

Silver Carp as Injurious Wildlife 

Species. Based upon testing conducted 

by the United States Army Corps of 

Engineers (USACE), the Asian Carp is 

presently migrating toward the Great 

Lakes through the Chicago Sanitary and 

Ship Canal and connected tributaries. If 

these aquatic nuisance species reach the 

Great Lakes in sufficient numbers, 

scientists are concerned that they might 

devastate the Great Lakes commercial 

and sport fishing industries. 

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 Chicago Sanitary and Ship 

Canal. The USACE 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. Barrier IIA is currently operating at 

two volts per inch. Construction on a 

third barrier (Barrier IIB) is in the initial 

stages; Barrier IIB will augment the 

capabilities of Barriers I and IIA and 

may allow for maintenance operations 

without the use of aquatic nuisance 

species countermeasures. 

In November 2009, the USACE 

announced that it had discovered 

environmental DNA (E–DNA) north of 

the fish barrier suggesting the potential 

presence of Asian Carp. A possible 

explanation of barrier circumvention by 

the aquatic nuisance species was 

through flooding in parallel waterways, 

or the inadvertent transport of eggs, 

gametes or juvenile carp in the nonpotable water of vessels transiting the 

barrier. 

The USACE is conducting further 

investigations to detect the potential 

presence of Asian Carp and other 

aquatic nuisance species both north and 

south of the fish barrier. Upon detection 

of the presence of Asian Carp or other 

aquatic nuisance species within any 

segment of the waterways covered by 

this safety zone, the USACE, along with 

its Federal and State partners, may take 

action designed to control the spread of 

aquatic nuisance species, within the 

area of detection, as soon as practically 

possible. Due to the possibility of Asian 

Carp fish or eggs circumventing the fish 

barrier, the USACE and the Illinois 

Department of Natural Resources (IDNR) 

may conduct aquatic nuisance species 

countermeasures in the vicinity of the 

fish barrier. 

One of the primary aquatic nuisance 

species countermeasures will be the 

application of piscicide. The effective 

application of piscicide is essential in 

preventing the Asian carp from entering 

the Great Lakes. IDNR reports that 

vessels moored along waterways could 

create pockets or eddies where the 

piscicide is not able to reach all of the 

targeted aquatic nuisance species. As 

such, the Captain of the Port, Sector 

Lake Michigan, must be able to order a 

vessel’s immediate removal from any 

enforced portion of the temporary safety 

zone. Exceptions may possibly be 

granted upon the review of the Captain 

of the Port, Sector Lake Michigan. 

Another aquatic nuisance species 

countermeasure that may be employed 

will be targeted fishing operations. 

Fishing nets may be deployed across the 

channel for extended periods of time 

which would have an adverse effect on 

vessel traffic. 

The intent of aquatic nuisance species 

countermeasure operations by the 

USACE and IDNR is to eradicate any 

Asian Carp or other aquatic nuisance 

species that may be present in the 

waterways subject to this temporary 

safety zone. The countermeasures taken 

by the USACE and IDNR may have fatal 

effects to native fish species, in addition 

to the targeted invasive species. 

Therefore, the USACE and IDNR will 

specifically target those portions of 

waterways suspected of containing 

Asian Carp and other aquatic nuisance 

species. 


jlentini on DSKJ8SOYB1PROD with RULES
26096 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

Discussion of Rule 

This rule places a temporary safety 

zone on 77 miles of waterways from 

Brandon Road Lock and Dam (mile 

marker 286.0) to Lake Michigan, 

including the waterways of the Des 

Plaines River, the CSSC, branches of the 

Chicago River, and the CalumetSaganashkee Channel (Cal-Sag 

Channel). The Coast Guard has deemed 

this temporary safety zone necessary to 

protect the waters, commercial vessels 

and recreational boaters who transit the 

area during the application of aquatic 

nuisance species countermeasures. 

Because it is difficult to predict with 

certainty the type and degree of aquatic 

nuisance countermeasures that might be 

in place along the affected waterways 

one year from now, this rule is 

temporary in nature and expires on 

March 11, 2011. This rule does not 

amend, remove or supersede 33 CFR 

§ 165.T09–1080, which was published 

in the January 6, 2010 issue of the 

Federal Register (75 FR 759) to establish 

a safety zone and regulated navigation 

area (RNA) on the CSSC near Romeo 

Road Bridge, Romeoville, IL, or any 

other regulation currently applicable to 

the waterways covered by this safety 

zone. 

The Captain of the Port, Sector Lake 

Michigan, may enforce this safety zone 

in whole or in segments. Although the 

safety zone may be enforced in its 

entirety, it is the intention of the 

Captain of the Port, Sector Lake 

Michigan to enforce the safety zone, 

depending on the circumstances, in the 

smallest segments possible. By 

enforcing only segments of the safety 

zone, the Captain of the Port, Sector 

Lake Michigan, retains the flexibility to 

focus enforcement efforts only on those 

portions of the safety zone actually 

affected by aquatic nuisance species 

countermeasures. It is expected that this 

enforcement scheme will minimize 

waterway closures and any 

corresponding effects on vessel traffic. 

Any segment of the temporary safety 

zone to be enforced shall be delineated 

by mile markers and/or landmarks (e.g., 

Romeo Road Bridge). 

Vessels may transit through any 

portion of the safety zone that is not 

being enforced. Entry into, transiting, 

mooring, laying up, or anchoring within 

an enforced segment of the safety zone, 

however, is prohibited unless 

authorized by the Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative. All vessels 

desiring to enter a segment of a 

waterway in which this safety zone is 

being enforced must obtain permission 

from the Captain of the Port, Sector Lake 

Michigan, to do so and must follow all 

orders from the Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative while in the 

zone. 

Even during periods of enforcement, 

the Captain of the Port, Sector Lake 

Michigan, will make every effort to 

permit vessel entry into any enforced 

segment of the safety zone until onscene preparations begin for aquatic 

nuisance species countermeasures. 

Once on-scene preparations begin and 

until clean-up is complete, however, no 

vessel, except those being used for 

aquatic nuisance species 

countermeasures or having permission 

from the Captain of the Port, Sector Lake 

Michigan, will be permitted to enter or 

remain in an enforced segment of the 

safety zone. 

As the necessary clean up actions are 

completed, the Captain of the Port, 

Sector Lake Michigan, will begin to reopen segments of the waterways in an 

effort to minimize disruption or 

waterway use. As soon as the aquatic 

nuisance species eradication efforts are 

complete, the safety zone will no longer 

be enforced and the Captain of the Port, 

Sector Lake Michigan, will notify the 

public of such by all appropriate means. 

Such means of notification include, but 

are not limited, to Broadcast Notice to 

Mariners or Local Notice to Mariners. 

The Captain of the Port, Sector Lake 

Michigan, maintains a live radio watch 

on VHF Channel 16 and 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, 

Sector Lake Michigan, via the Coast 

Guard Sector Lake Michigan Command 

Center at 414–747–7182. 

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 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 minimal. This 

determination is based the following: (1) 

While this rule will establish a 

temporary safety zone that is 77 miles 

long, the Captain of the Port, Sector 

Lake Michigan, will have the authority 

to divide the safety zone into segments 

for enforcement purposes. The Captain 

of the Port, Sector Lake Michigan, will 

have the flexibility to enforce the safety 

zone in only the segments of the safety 

zone affected by the application of 

piscicide, targeted fishing operations, or 

other countermeasures to address the 

problem of aquatic nuisance species 

invasion; and (2) every effort will be 

made to reduce the closure time of the 

enforced segments of the safety zone 

immediately following the clean-up of 

the piscicide application. 

Because such safety zones must be 

implemented immediately without a 

full notice and comment period, the full 

economic impact of this rule is difficult 

to determine at this time. The Coast 

Guard urges interested parties to submit 

comments that specifically address the 

economic impacts of waterway closures. 

Comments can be made online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0166 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ While 

this temporary interim rule is effective 

immediately, we may make changes to 

it based upon comments that we receive 

from the public. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this temporary interim rule 

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. 

This temporary interim rule does not 

require a general notice of proposed 

rulemaking and, therefore, is exempt 

from the requirements of the Regulatory 

Flexibility Act. If you are a small entity 

and feel that this temporary interim rule 

would have a significant economic 

impact on your business, please submit 

a comment to the docket, explaining the 

impacts. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding the temporary interim 

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 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26097 

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 temporary interim rule or any 

policy or action of the Coast Guard. 

Collection of Information 

This temporary interim rule calls for 

no new collection of information under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520). 

Federalism 

A temporary interim 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 temporary 

interim 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 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This temporary interim rule will not 

cause a taking of private property or 

otherwise have taking implications 

under Executive Order 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights. 

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 temporary 

interim 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 temporary interim 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 temporary 

interim 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 temporary interim rule does not 

use technical standards. Therefore, we 

did not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this temporary 

interim 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), of 

the Instruction and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule involves the 

establishing, disestablishing, or 

changing of a security or safety zone. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. The Coast Guard’s 

environmental responsibilities extend 

only to the creation of a safety zone and 

do not include the application of 

piscicide or any other countermeasures 

to combat invasive species. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard temporarily 

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. 

■ 2. From May 11, 2010 until March 1, 

2011, add § 165.T09–0166 to read as 

follows: 

§ 165.T09–0166 Safety Zone, Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

and Calumet-Saganashkee Channel, 

Chicago, IL. 

(a) Location. The following areas are 

a temporary safety zone: 

(1) Des Plaines River. All U.S. waters 

of the Des Plaines River located between 

mile marker 286.0 (Brandon Road Lock 

and Dam) and mile marker 290.0 (point 

at which the Des Plaines River connects 


jlentini on DSKJ8SOYB1PROD with RULES
26098 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

with the Chicago Sanitary and Ship 

Canal). 

(2) Chicago Sanitary and Ship Canal. 

All U.S. waters of the Chicago Sanitary 

and Ship Canal between mile marker 

290.0 (point at which the Chicago 

Sanitary and Ship Canal connects to the 

Des Plaines River) and mile marker 

321.8 (point at which the Chicago 

Sanitary and Ship Canal Connects to the 

South Branch Chicago River). 

(3) South Branch Chicago River. All 

U.S. waters of the South Branch Chicago 

River between mile marker 321.8 (point 

at which the South Branch Chicago 

River connects to the Chicago Sanitary 

and Ship Canal) and mile marker 325.6 

(point at which the South Branch 

Chicago River connects to the Chicago 

River (Main Branch) and North Branch 

Chicago River). 

(4) Chicago River (Main Branch). All 

U.S. waters of the Chicago River (Main 

Branch) between mile marker 325.6 

(point at which the Chicago River 

connects to the South Branch Chicago 

River) and 100 yards extending past the 

end of the Chicago River covering the 

area of the Federal channel within 

Chicago Harbor. 

(5) North Branch Chicago River. All 

U.S. waters of the North Branch Chicago 

River between mile marker 325.6 (point 

at which the North Branch Chicago 

River connects to the Chicago River 

(Main Branch) and the South Branch 

Chicago River) and mile marker 331.4 

(end of navigation channel). 

(6) Calumet-Saganashkee Channel. 

All U.S. waters of the CalumetSaganashkee Channel between mile 

marker 303.5 (point at which the 

Calumet-Saganashkee Channel connects 

to the Chicago Sanitary and Ship Canal) 

and mile marker 333.0; all U.S. waters 

of the Calumet-Saganashkee Channel 

between mile marker 333.0 and Lake 

Michigan (Calumet Harbor). 

(b) Effective Period. This rule is 

effective in the CFR on May 11, 2010 

This rule is effective with actual notice 

for purposes of enforcement on April 

28, 2010. This rule will remain in effect 

until March 1, 2011. 

(c) Enforcement. 

(1) The Captain of the Port, Sector 

Lake Michigan, may enforce this safety 

zone in whole, in segments, or by any 

combination of segments. The Captain 

of the Port, Sector Lake Michigan, may 

suspend the enforcement of any 

segment of this safety zone for which 

notice of enforcement had been given. 

(2) The safety zone established by this 

section will be enforced, pursuant to 

paragraph (c)(1) of this section, only 

upon notice by the Captain of the Port, 

Sector Lake Michigan. Suspension of 

any previously announced period of 

enforcement will also be provided by 

the Captain of the Port, Sector Lake 

Michigan. All notices of enforcement 

and notices of suspension of 

enforcement will clearly describe any 

segments of the safety zone affected by 

the notice. At a minimum, notices of 

enforcement and notices of suspension 

of enforcement will identify any 

affected segments by reference to mile 

markers. When possible, the Captain of 

the Port, Sector Lake Michigan, will also 

identify enforced segments of this safety 

zone by referencing readily identifiable 

geographical points. In addition to 

providing the geographical bounds of 

any enforced segment of this safety 

zone, notices of enforcement and 

notices of suspension of enforcement 

will also provide the date(s) and time(s) 

at which enforcement will commence or 

suspend. 

(3) The Captain of the Port, Sector 

Lake Michigan, will publish notices of 

enforcement and notices of suspension 

of enforcement in accordance with 33 

CFR 165.7(a) and in a manner to provide 

as much notice to the public as possible. 

The primary method of notification will 

be through publication in the Federal 

Register. The Captain of the Port, Sector 

Lake Michigan, will also provide notice 

through other means, such as Broadcast 

Notice to Mariners, local Notice to 

Mariners, local news media, distribution 

in leaflet form, and on-scene oral notice. 

Additionally, the Captain of the Port, 

Sector Lake Michigan, may notify 

representatives from the maritime 

industry through telephonic and email 

notifications. 

(d) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up, or 

anchoring within any enforced segment 

of the safety zone is prohibited unless 

authorized by the Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative. 

(2) The ‘‘designated representative’’ of 

the Captain of the Port, Sector Lake 

Michigan, is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port, Sector Lake Michigan, to act 

on his or her behalf. The designated 

representative of the Captain of the Port, 

Sector 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 radio, loudhailer, or by 

phone. The Captain of the Port, Sector 

Lake Michigan, or his or her designated 

representative may be contacted via 

VHF radio Channel 16 or the Coast 

Guard Sector Lake Michigan Command 

Center at 414–747–7182. 

(3) To obtain permission to enter or 

operate within an enforced segment of 

the safety zone established by this 

section, Vessel operators must contact 

the Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. Vessel operators given 

permission to operate in an enforced 

segment of the safety zone must comply 

with all directions given to them by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

(4) When a segment of the safety zone 

is being enforced, it will be closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Lake Michigan, or his or her 

designated representative. As soon as 

operations permit, the Captain of the 

Port, Sector Lake Michigan, will issue a 

notice of suspension of enforcement as 

specified in paragraph (c) of this 

section. 

(5) All persons entering any enforced 

segment of the safety zone established 

in this section are advised that they do 

so at their own risk. 

Dated: April 28, 2010. 

L. Barndt, 

Captain, U.S. Coast Guard, Captain of the 

Port, U.S. Coast Guard Sector Lake Michigan. 

[FR Doc. 2010–11083 Filed 5–10–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0168] 

RIN 1625–AA00 

Safety Zone; Under Water Clean Up of 

Copper Canyon, Lake Havasu, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of Lake Havasu in 

the Copper Canyon in support of the 

underwater cleanup of Copper Canyon. 

This temporary safety zone is necessary 

to provide for the safety of the 

participants, crew, spectators, 

participating vessels, and other vessels 

and users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this temporary safety zone unless 

authorized by the Captain of the Port or 

his designated representative. 

DATES: This rule is effective from 7 a.m. 

through 11 a.m. on June 1, 2010. 


jlentini on DSKJ8SOYB1PROD with RULES