[Federal Register: December 30, 2004 (Volume 69, Number 250)]
[Rules and Regulations]               
[Page 78310-78312]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de04-11]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-04-149]
RIN 1625-AA00

 
Safety Zone; Chicago River Main Branch, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
the demolition of the Chicago Sun-Times Building. This safety zone is 
necessary to protect vessels and persons from potential falling debris 
during the demolition phase of the Chicago Sun-Times Building along the 
Chicago River Main Branch. The safety zone is intended to restrict 
vessels from a portion of the Chicago River Main Branch, Chicago, 
Illinois.

DATES: This rule is effective from December 20, 2004 through March 19, 
2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD09-04-149] and are available for 
inspection or copying at Marine Safety Office Chicago, 215 W. 83rd 
Street, Suite D, Burr Ridge, Illinois 60527, between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LTJG Cameron Land, U.S. Coast Guard 
Marine Safety Office Chicago, at (630) 986-2155.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Notification of this event and 
the permit application was not received in time to publish an NPRM 
followed by a final rule before the effective date. 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. Delaying this rule would be contrary to the public interest 
of ensuring the safety of persons and vessels during this event and 
immediate action is necessary to prevent possible loss of life or 
property. During the enforcement of this safety zone, comments will be 
accepted and reviewed and may result in a modification to the rule.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and persons during the planned demolition of the Chicago Sun-
Times Building. During the demolition phase, it is possible for falling 
debris to fall into the Chicago River. The Captain of the Port Chicago 
has determined that demolition in close proximity of the waterway may 
pose a significant risk and hazard to persons and vessels. Establishing 
a safety zone to control vessel movement around the location of the 
Chicago Sun-Times Building will help ensure the safety and reduce the 
risks of persons and vessels during the demolition phase.

Discussion of Rule

    The safety zone will be established on the north side of the 
Chicago River Main Branch, from the east side of the Wabash Ave Bridge 
at position 41[deg]53.296' N and 087[deg]37.611' W extending 515 feet 
along the shoreline to the east side of the Chicago Sun-Times Building, 
at position 41[deg]53.347' N and 087[deg]37.539' W extending 40 feet 
perpendicular to the shoreline to position 41[deg]53.342' N and 
087[deg]37.534' W extending parallel to the shoreline to position 
41[deg]53.290' N and 087[deg]37.607' W then back to the point of 
origin.
    All persons shall comply with the instructions of the Coast Guard 
Captain of the Port or the designated on scene representative. Entry 
into, transiting, or anchoring within the safety zone is prohibited 
unless authorized by the Captain of the Port Chicago, or his designated 
on scene representative.

Regulatory Information

    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. It is not ``significant'' under the regulatory 
policies and procedures of the Department of Homeland Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This determination is based on the consideration that the zone is 
an area where the Coast Guard expects insignificant adverse impact to 
mariners from the zones' activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant 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.

[[Page 78311]]

    This rule will affect the following entities: the owners or 
operators of vessels intending to transit or anchor in a portion of the 
Chicago River Main Branch from December 20, 2004 through March 19, 
2005. This regulation will not have a significant economic impact for 
the following reasons. The reduction in width of the navigation channel 
by 40 feet will still allow commercial and recreation vessels to 
transit around the area. The designated area is being established to 
allow barges to be moored against the seawall to catch falling debris 
and to protect persons and vessels utilizing the waterway. The Coast 
Guard will give notice to the public via a Broadcast to Mariners that 
the regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could 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).

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

Taking of Private Property

    This rule will not affect 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs 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 procedure; and related management 
system 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 Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g) of the Commandant Instruction M16475.1D from further 
environmental documentation.
    An ``Environmental Analysis checklist'' and ``Categorical Exclusion 
Determination'' are required under the Instruction and the results of 
these determinations will be provided in the docket where indicated 
under ADDRESSES. This action is not expected to result in any 
significant adverse environmental impact as described in the National 
Environmental Protection Act.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A new temporary Sec.  165.T09-149 is added to read as follows:

[[Page 78312]]

Sec.  165.T09-149  Safety Zone; Chicago River Main Branch, Chicago, IL.

    (a) Location. The safety zone will be established on the north side 
of the Chicago River Main Branch, from the east side of the Wabash Ave 
Bridge at position 41[deg]53.296' N and 087[deg]37.611' W extending 515 
feet along the shoreline to the east side of the Chicago Sun-Times 
Building, at position 41[deg]53.347' N and 087[deg]37.539' W extending 
40 feet perpendicular to the shoreline to position 41[deg]53.342' N and 
087[deg]37.534' W extending parallel to the shoreline to position 
41[deg]53.290' N and 087[deg]37.607' W then back to the point of 
origin.
    (b) Effective period. This regulation is effective from December 
20, 2004 through March 19, 2005.
    (c) Regulations. In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port, Chicago, or the 
designated on scene representative.

    Dated: December 20, 2004.
T. W. Carter,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 04-28550 Filed 12-29-04; 8:45 am]

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