80_FR_42172 80 FR 42036 - 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; Between Mile Markers 296.1 and 296.7

80 FR 42036 - 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; Between Mile Markers 296.1 and 296.7

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 136 (July 16, 2015)

Page Range42036-42037
FR Document2015-17460

The Coast Guard will enforce a segment of the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee Channel on all waters of the Chicago Sanitary and Ship Canal between Mile Marker 296.1 to Mile Marker 296.7 at specified times from August 3, 2015, through September 18, 2015. This action is necessary to protect the waterway, waterway users, and vessels from the hazards associated with the U.S. Fish and Wildlife Service's trial tests on the water for the Asian Carp studies. During the enforcement periods listed below, entry into, transiting, mooring, laying-up or anchoring within the enforced area of this safety zone by any person or vessel is prohibited unless authorized by the Captain of the Port Lake Michigan or her designated representative.

Federal Register, Volume 80 Issue 136 (Thursday, July 16, 2015)
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42036-42037]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17460]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0228]
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; Between Mile Markers 296.1 
and 296.7

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will enforce a segment of the Safety Zone; 
Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, 
Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee 
Channel on all waters of the Chicago Sanitary and Ship Canal between 
Mile Marker 296.1 to Mile Marker 296.7 at specified times from August 
3, 2015, through September 18, 2015. This action is necessary to 
protect the waterway, waterway users, and vessels from the hazards 
associated with the U.S. Fish and Wildlife Service's trial tests on the 
water for the Asian Carp studies.
    During the enforcement periods listed below, entry into, 
transiting, mooring, laying-up or anchoring within the enforced area of 
this safety zone by any person or vessel is prohibited unless 
authorized by the Captain of the Port Lake Michigan or her designated 
representative.

DATES: The regulations in 33 CFR 165.930 will be enforced 
intermittently from 8 a.m. to 6 p.m. on Monday

[[Page 42037]]

through Friday, from August 3, 2015, through August 14, 2015. In the 
event of a postponement of the trial tests due to inclement weather or 
other unforeseen circumstances, this zone will be enforced 
intermittently from 8 a.m. to 6 p.m. on Monday through Friday from 
August 24, 2015, through September 18, 2015, excluding September 7, 
2015.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
document, call or email LT Lindsay Cook, Waterways Department, Coast 
Guard Marine Safety Unit Chicago, telephone 630-986-2155, email address 
[email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a segment of 
the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including 
Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, 
Calumet-Saganashkee Channel, Chicago, IL, listed in 33 CFR 165.930. 
Specifically, the Coast Guard will enforce this safety zone on all 
waters of the Chicago Sanitary and Ship Canal between Mile Marker 296.1 
to Mile Marker 296.7. Enforcement will occur intermittently from 8 a.m. 
to 6 p.m. on Monday through Friday, from August 3, 2015, through August 
14, 2015. In the event of a postponement of the trial tests due to 
inclement weather or other unforeseen circumstances, this zone will be 
enforced intermittently from 8 a.m. to 6 p.m. on August 17, 2015, 
through September 18, 2015, excluding September 7, 2015.
    This enforcement action is necessary because the Captain of the 
Port Lake Michigan has determined that the U.S. Fish and Wildlife 
Service's trial tests on the water for Asian Carp studies pose risks to 
life and property. Because of these risks, it is necessary to control 
vessel movement during the operations to prevent injury and property 
loss.
    In accordance with the general regulations in Sec.  165.23 of this 
part, entry into, transiting, mooring, laying up, or anchoring within 
the enforced area of this safety zone by any person or vessel is 
prohibited unless authorized by the Captain of the Port Lake Michigan 
or her designated representative.
    Vessels that wish to transit through the safety zone may request 
permission from the Captain of the Port Lake Michigan. Requests must be 
made in advance and approved by the Captain of the Port before transits 
will be authorized. Approvals will be granted on a case by case basis. 
The Captain of the Port representative may be contacted via U.S. Coast 
Guard Sector Lake Michigan on VHF channel 16.
    This document is issued under authority of 33 CFR 165.930 and 5 
U.S.C. 552(a). In addition to this publication in the Federal Register, 
the Captain of the Port Lake Michigan will also provide notice through 
other means, which may include 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 Lake 
Michigan may notify representatives from the maritime industry through 
telephonic and email notifications.

    Dated: June 30, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2015-17460 Filed 7-15-15; 8:45 am]
BILLING CODE 9110-04-P



                                            42036              Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations

                                            8. Taking of Private Property                            zone. A final categorical exclusion                           Port (COTP), Southeastern New England
                                               This rule would not cause a taking of                 document and environmental checklist                          or the COTP’s designated representative.
                                            private property or otherwise have                       are located in the docket for this rule.                      Vessels permitted to transit must
                                            taking implications under Executive                                                                                    operate at a no-wake speed, in a manner
                                                                                                     List of Subjects in 33 CFR Part 165
                                            Order 12630, Governmental Actions and                                                                                  which will not endanger construction
                                                                                                       Harbors, Marine safety, Navigation                          vessels or associated equipment.
                                            Interference with Constitutionally
                                                                                                     (water), Reporting and recordkeeping                             (3) Failure to comply with a lawful
                                            Protected Property Rights.
                                                                                                     requirements, Security measures,                              direction from the Captain of the Port
                                            9. Civil Justice Reform                                  Waterways.                                                    (COTP), Southeastern New England or
                                               This rule meets applicable standards                    For the reasons discussed in the                            the COTP’s designated representative
                                            in sections 3(a) and 3(b)(2) of Executive                preamble, the Coast Guard amends 33                           may result in expulsion from the area,
                                            Order 12988, Civil Justice Reform, to                    CFR part 165 as follows:                                      citation for failure to comply, or both.
                                            minimize litigation, eliminate                                                                                           Dated: June 10, 2015.
                                            ambiguity, and reduce burden.                            PART 165—REGULATED NAVIGATION
                                                                                                                                                                   J.T. Kondratowicz,
                                                                                                     AREAS AND LIMITED ACCESS AREAS
                                            10. Protection of Children From                                                                                        Captain, U.S. Coast Guard, Captain of the
                                            Environmental Health Risks                               ■ 1. The authority citation for part 165                      Port Southeastern New England.
                                                                                                     continues to read as follows:                                 [FR Doc. 2015–17484 Filed 7–15–15; 8:45 am]
                                              We have analyzed this rule under
                                                                                                                                                                   BILLING CODE 9110–04–P
                                            Executive Order 13045, Protection of                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                            Children from Environmental Health                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                            Risks and Safety Risks. This rule is not                 Department of Homeland Security Delegation
                                                                                                     No. 0170.1.                                                   DEPARTMENT OF HOMELAND
                                            an economically significant rule and                                                                                   SECURITY
                                            would not create an environmental risk                   ■ 2. Add § 165.T01–227 to read as
                                            to health or risk to safety that might                   follows:                                                      Coast Guard
                                            disproportionately affect children.                      § 165.T01–227 Safety Zone, Block Island
                                            11. Indian Tribal Governments                            Wind Farm; Rhode Island Sound, RI.                            33 CFR Part 165
                                               This rule does not have tribal                          (a) Location. Areas within a 500-yard                       [Docket No. USCG–2011–0228]
                                            implications under Executive Order                       radius of the following five positions are
                                                                                                                                                                   RIN 1625–AA00
                                            13175, Consultation and Coordination                     safety zones:
                                            with Indian Tribal Governments,                                                                                        Safety Zone, Brandon Road Lock and
                                                                                                         Platform            Latitude              Longitude
                                            because it would not have a substantial                                                                                Dam to Lake Michigan including Des
                                            direct effect on one or more Indian                      WTG     1   ......   41°7.544′   N   ....   71°30.454′   W.   Plaines River, Chicago Sanitary and
                                            tribes, on the relationship between the                  WTG     2   ......   41°7.196′   N   ....   71°30.837′   W.   Ship Canal, Chicago River, and
                                            Federal Government and Indian tribes,                    WTG     3   ......   41°6.886′   N   ....   71°31.268′   W.   Calumet-Saganashkee Channel,
                                            or on the distribution of power and                      WTG     4   ......   41°6.612′   N   ....   71°31.747′   W.   Chicago, IL; Between Mile Markers
                                            responsibilities between the Federal                     WTG     5   ......   41°6.383′   N   ....   71°32.259′   W.   296.1 and 296.7
                                            Government and Indian tribes.
                                                                                                        (b) Enforcement period. From July 1                        AGENCY:  Coast Guard, DHS.
                                            12. Energy Effects                                       to September 30, 2015, vessels will be                        ACTION: Notice of enforcement of
                                              This rule is not a ‘‘significant energy                prohibited from entering into any of                          regulation.
                                            action’’ under Executive Order 13211,                    these safety zones, when enforced,
                                                                                                                                                                   SUMMARY:   The Coast Guard will enforce
                                            Actions Concerning Regulations That                      during construction activity of five
                                                                                                                                                                   a segment of the Safety Zone; Brandon
                                            Significantly Affect Energy Supply,                      Block Island Wind Farm (BIWF) wind
                                                                                                                                                                   Road Lock and Dam to Lake Michigan
                                            Distribution, or Use.                                    turbine generators (WTG) located in the
                                                                                                                                                                   including Des Plaines River, Chicago
                                                                                                     positions listed in paragraph (a) of this
                                            13. Technical Standards                                                                                                Sanitary and Ship Canal, Chicago River,
                                                                                                     section.
                                              This rule does not use technical                          (c) Definitions. The following                             Calumet-Saganashkee Channel on all
                                            standards. Therefore, we did not                         definitions apply to this section:                            waters of the Chicago Sanitary and Ship
                                            consider the use of voluntary consensus                     Designated Representative. A                               Canal between Mile Marker 296.1 to
                                            standards.                                               ‘‘designated representative’’ is any Coast                    Mile Marker 296.7 at specified times
                                                                                                     Guard commissioned, warrant or petty                          from August 3, 2015, through September
                                            14. Environment                                          officer of the U.S. Coast Guard who has                       18, 2015. This action is necessary to
                                              We have analyzed this rule under                       been designated by the Captain of the                         protect the waterway, waterway users,
                                            Department of Homeland Security                          Port, Sector Southeastern New England                         and vessels from the hazards associated
                                            Management Directive 023–01 and                          (COTP), to act on his or her behalf.                          with the U.S. Fish and Wildlife
                                            Commandant Instruction M16475.lD,                           (d) Regulations. (1) The general                           Service’s trial tests on the water for the
                                            which guide the Coast Guard in                           regulations contained in § 165.23 as                          Asian Carp studies.
                                            complying with the National                              well as the following regulations apply                          During the enforcement periods listed
                                            Environmental Policy Act of 1969                         to the safety zones established in                            below, entry into, transiting, mooring,
                                            (NEPA) (42 U.S.C. 4321–4370f), and                       conjunction with the construction of the                      laying-up or anchoring within the
                                            have concluded this action is one of a                   Block Island Wind Farm; Rhode Island                          enforced area of this safety zone by any
                                            category of actions which do not                         Sound, RI. These regulations may be                           person or vessel is prohibited unless
tkelley on DSK3SPTVN1PROD with RULES




                                            individually or cumulatively have a                      enforced for the duration of                                  authorized by the Captain of the Port
                                            significant effect on the human                          construction.                                                 Lake Michigan or her designated
                                            environment. This rule is categorically                     (2) Vessels may not enter into, transit                    representative.
                                            excluded, under figure 2–1, paragraph                    through, moor, or anchor in these safety                      DATES: The regulations in 33 CFR
                                            (34)(g), of the Instruction. This rule                   zones during periods of enforcement                           165.930 will be enforced intermittently
                                            involves the establishment of a safety                   unless authorized by the Captain of the                       from 8 a.m. to 6 p.m. on Monday


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                                                               Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations                                          42037

                                            through Friday, from August 3, 2015,                       This document is issued under                       DATES:   The regulations in 33 CFR
                                            through August 14, 2015. In the event of                 authority of 33 CFR 165.930 and 5                     165.930 will be enforced intermittently
                                            a postponement of the trial tests due to                 U.S.C. 552(a). In addition to this                    from 8 a.m. to 6 p.m. on Monday
                                            inclement weather or other unforeseen                    publication in the Federal Register, the              through Friday, from August 17, 2015,
                                            circumstances, this zone will be                         Captain of the Port Lake Michigan will                through August 21, 2015. In the event of
                                            enforced intermittently from 8 a.m. to 6                 also provide notice through other                     a postponement of the trial tests due to
                                            p.m. on Monday through Friday from                       means, which may include Broadcast                    inclement weather or other unforeseen
                                            August 24, 2015, through September 18,                   Notice to Mariners, Local Notice to                   circumstances, this zone will be
                                            2015, excluding September 7, 2015.                       Mariners, local news media, distribution              enforced intermittently from 8 a.m. to 6
                                            FOR FURTHER INFORMATION CONTACT:   If                    in leaflet form, and on-scene oral notice.            p.m. on Monday through Friday from
                                            you have questions on this document,                     Additionally, the Captain of the Port                 August 24, 2015, through September 18,
                                            call or email LT Lindsay Cook,                           Lake Michigan may notify                              2015, excluding September 7, 2015.
                                            Waterways Department, Coast Guard                        representatives from the maritime                     FOR FURTHER INFORMATION CONTACT: If
                                            Marine Safety Unit Chicago, telephone                    industry through telephonic and email                 you have questions on this document,
                                            630–986–2155, email address D09-DG-                      notifications.                                        call or email LT Lindsay Cook,
                                            MSUChicago-Waterways@uscg.mil.                             Dated: June 30, 2015.                               Waterways Department, Coast Guard
                                                                                                     A.B. Cocanour,                                        Marine Safety Unit Chicago, telephone
                                            SUPPLEMENTARY INFORMATION:       The Coast                                                                     630–986–2155, email address D09-DG-
                                            Guard will enforce a segment of the                      Captain, U.S. Coast Guard, Captain of the
                                                                                                     Port, Lake Michigan.                                  MSUChicago-Waterways@uscg.mil.
                                            Safety Zone; Brandon Road Lock and
                                                                                                     [FR Doc. 2015–17460 Filed 7–15–15; 8:45 am]           SUPPLEMENTARY INFORMATION: The Coast
                                            Dam to Lake Michigan including Des
                                            Plaines River, Chicago Sanitary and                      BILLING CODE 9110–04–P                                Guard will enforce a segment of the
                                            Ship Canal, Chicago River, Calumet-                                                                            Safety Zone; Brandon Road Lock and
                                            Saganashkee Channel, Chicago, IL,                                                                              Dam to Lake Michigan including Des
                                            listed in 33 CFR 165.930. Specifically,                  DEPARTMENT OF HOMELAND                                Plaines River, Chicago Sanitary and
                                            the Coast Guard will enforce this safety                 SECURITY                                              Ship Canal, Chicago River, Calumet-
                                            zone on all waters of the Chicago                                                                              Saganashkee Channel, Chicago, IL,
                                                                                                     Coast Guard                                           listed in 33 CFR 165.930. Specifically,
                                            Sanitary and Ship Canal between Mile
                                            Marker 296.1 to Mile Marker 296.7.                                                                             the Coast Guard will enforce this safety
                                                                                                     33 CFR Part 165                                       zone in the vicinity of the Brandon Road
                                            Enforcement will occur intermittently
                                            from 8 a.m. to 6 p.m. on Monday                          [Docket No. USCG–2011–0228]                           Lock and Dam between Mile Marker 286
                                            through Friday, from August 3, 2015,                                                                           and Mile Marker 286.5. Enforcement
                                                                                                     RIN 1625–AA00                                         will occur intermittently from 8 a.m. to
                                            through August 14, 2015. In the event of
                                            a postponement of the trial tests due to                                                                       6 p.m. on Monday through Friday, from
                                                                                                     Safety Zone, Brandon Road Lock and                    August 17, 2015, through August 21,
                                            inclement weather or other unforeseen                    Dam to Lake Michigan Including Des
                                            circumstances, this zone will be                                                                               2015. In the event of a postponement of
                                                                                                     Plaines River, Chicago Sanitary and                   the trial tests due to inclement weather
                                            enforced intermittently from 8 a.m. to 6                 Ship Canal, Chicago River, and
                                            p.m. on August 17, 2015, through                                                                               or other unforeseen circumstances, this
                                                                                                     Calumet-Saganashkee Channel,                          zone will be enforced intermittently
                                            September 18, 2015, excluding                            Chicago, IL; Between Mile Markers 286
                                            September 7, 2015.                                                                                             from 8 a.m. to 6 p.m. on Monday
                                                                                                     and 286.5                                             through Friday from August 24, 2015,
                                               This enforcement action is necessary                                                                        through September 18, 2015, excluding
                                            because the Captain of the Port Lake                     AGENCY:  Coast Guard, DHS.
                                                                                                     ACTION: Notice of enforcement of                      September 7, 2015.
                                            Michigan has determined that the U.S.                                                                             This enforcement action is necessary
                                            Fish and Wildlife Service’s trial tests on               regulation.
                                                                                                                                                           because the Captain of the Port Lake
                                            the water for Asian Carp studies pose                    SUMMARY:    The Coast Guard will enforce              Michigan has determined that U.S. Fish
                                            risks to life and property. Because of                   a segment of the Safety Zone; Brandon                 and Wildlife Service’s trial tests on the
                                            these risks, it is necessary to control                  Road Lock and Dam to Lake Michigan                    water for Asian Carp studies pose risks
                                            vessel movement during the operations                    including Des Plaines River, Chicago                  to life and property. Because of these
                                            to prevent injury and property loss.                     Sanitary and Ship Canal, Chicago River,               risks, it is necessary to control vessel
                                               In accordance with the general                        Calumet-Saganashkee Channel, Chicago,                 movement during the operations to
                                            regulations in § 165.23 of this part, entry              IL, in the vicinity of the Brandon Road               prevent injury and property loss.
                                            into, transiting, mooring, laying up, or                 Lock and Dam between Mile Marker 286                     In accordance with the general
                                            anchoring within the enforced area of                    and Mile Marker 286.5 at specified                    regulations in § 165.23 of this part, entry
                                            this safety zone by any person or vessel                 times from August 17, 2015, through                   into, transiting, mooring, laying up, or
                                            is prohibited unless authorized by the                   September 18, 2015. This action is                    anchoring within the enforced area of
                                            Captain of the Port Lake Michigan or her                 necessary to protect the waterway,                    this safety zone by any person or vessel
                                            designated representative.                               waterway users, and vessels from the                  is prohibited unless authorized by the
                                               Vessels that wish to transit through                  hazards associated with the U.S. Fish                 Captain of the Port Lake Michigan or her
                                            the safety zone may request permission                   and Wildlife Service’s trial tests on the             designated representative.
                                            from the Captain of the Port Lake                        water for the Asian Carp studies. During                 Vessels that wish to transit through
                                            Michigan. Requests must be made in                       the enforcement periods listed below,                 the safety zone may request permission
                                            advance and approved by the Captain of                   entry into, transiting, mooring, laying-              from the Captain of the Port Lake
tkelley on DSK3SPTVN1PROD with RULES




                                            the Port before transits will be                         up or anchoring within the enforced                   Michigan. Requests must be made in
                                            authorized. Approvals will be granted                    area of this safety zone by any person                advance and approved by the Captain of
                                            on a case by case basis. The Captain of                  or vessel is prohibited unless authorized             the Port before transits will be
                                            the Port representative may be contacted                 by the Captain of the Port Lake                       authorized. Approvals will be granted
                                            via U.S. Coast Guard Sector Lake                         Michigan or her designated                            on a case by case basis. The Captain of
                                            Michigan on VHF channel 16.                              representative.                                       the Port representative may be contacted


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Document Created: 2015-12-15 13:13:20
Document Modified: 2015-12-15 13:13:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of enforcement of regulation.
DatesThe regulations in 33 CFR 165.930 will be enforced intermittently from 8 a.m. to 6 p.m. on Monday through Friday, from August 3, 2015, through August 14, 2015. In the event of a postponement of the trial tests due to inclement weather or other unforeseen circumstances, this zone will be enforced intermittently from 8 a.m. to 6 p.m. on Monday through Friday from August 24, 2015, through September 18, 2015, excluding September 7, 2015.
ContactIf you have questions on this document, call or email LT Lindsay Cook, Waterways Department, Coast
FR Citation80 FR 42036 
RIN Number1625-AA00

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