80_FR_42173 80 FR 42037 - 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 286 and 286.5

80 FR 42037 - 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 286 and 286.5

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range42037-42038
FR Document2015-17459

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, in the vicinity of the Brandon Road Lock and Dam between Mile Marker 286 and Mile Marker 286.5 at specified times from August 17, 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 42037-42038]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17459]


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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 286 and 
286.5

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, Chicago, IL, in the vicinity of the Brandon Road Lock and Dam 
between Mile Marker 286 and Mile Marker 286.5 at specified times from 
August 17, 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 through Friday, from 
August 17, 2015, through August 21, 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 in the 
vicinity of the Brandon Road Lock and Dam between Mile Marker 286 and 
Mile Marker 286.5. Enforcement will occur intermittently from 8 a.m. to 
6 p.m. on Monday through Friday, from August 17, 2015, through August 
21, 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.
    This enforcement action is necessary because the Captain of the 
Port Lake Michigan has determined that 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

[[Page 42038]]

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. 2015-17459 Filed 7-15-15; 8:45 am]
BILLING CODE 9110-04-P



                                                               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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                                            42038              Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Rules and Regulations

                                            via U.S. Coast Guard Sector Lake                         Building, 1200 New Jersey Avenue SE.,                 Stat. 2064; and Department of
                                            Michigan on VHF channel 16.                              Washington, DC 20590, between 9 a.m.                  Homeland Security Delegation No.
                                              This document is issued under                          and 5 p.m., Monday through Friday,                    0170.1, which collectively authorize the
                                            authority of 33 CFR 165.930 and 5                        except Federal holidays.                              Coast Guard to establish and define
                                            U.S.C. 552(a). In addition to this                       FOR FURTHER INFORMATION CONTACT: If                   regulatory safety zones.
                                            publication in the Federal Register, the                 you have questions on this rule, call or                 Between 9:30 p.m. and 11 p.m. on
                                            Captain of the Port Lake Michigan will                   email LTJG Amanda Garcia, Chief of                    July 10, 2015; July 23, 2015; August 13,
                                            also provide notice through other                        Waterways Management, U.S. Coast                      2015; August 27, 2015; and September
                                            means, which may include Broadcast                       Guard Sector Buffalo; telephone 716–                  6, 2015, a fireworks display will be held
                                            Notice to Mariners, Local Notice to                      843–9343, email                                       on the shoreline of Lake Ontario in
                                            Mariners, local news media, distribution                 SectorBuffaloMarineSafety@uscg.mil. If                Olcott, NY. It is anticipated that
                                            in leaflet form, and on-scene oral notice.               you have questions on viewing the                     numerous vessels will be in the
                                            Additionally, the Captain of the Port                    docket, call Ms. Cheryl Collins, Program              immediate vicinity of the launch point.
                                            Lake Michigan may notify                                 Manager, Docket Operations, telephone                 The Captain of the Port Buffalo has
                                            representatives from the maritime                        202–366–9826 or 1–800–647–5527.                       determined that such a launch
                                            industry through telephonic and email                    SUPPLEMENTARY INFORMATION:                            proximate to a gathering of watercraft
                                            notifications.                                                                                                 pose a significant risk to public safety
                                                                                                     Table of Acronyms
                                              Dated: June 30, 2015.                                                                                        and property. Such hazards include
                                            A.B. Cocanour,                                           DHS Department of Homeland Security                   premature and accidental detonations,
                                                                                                     FR Federal Register                                   dangerous projectiles, and falling or
                                            Captain, U.S. Coast Guard, Captain of the                NPRM Notice of Proposed Rulemaking
                                            Port, Lake Michigan.                                                                                           burning debris.
                                                                                                     TFR Temporary Final Rule
                                            [FR Doc. 2015–17459 Filed 7–15–15; 8:45 am]                                                                    C. Discussion of the Final Rule
                                            BILLING CODE 9110–04–P
                                                                                                     A. Regulatory History and Information
                                                                                                        The Coast Guard is issuing this                      With the aforementioned hazards in
                                                                                                     temporary final rule without prior                    mind, the Captain of the Port Buffalo
                                            DEPARTMENT OF HOMELAND                                   notice and opportunity to comment                     has determined that this temporary
                                            SECURITY                                                 pursuant to authority under section 4(a)              safety zone is necessary to ensure the
                                                                                                     of the Administrative Procedure Act                   safety of spectators and vessels during
                                            Coast Guard                                              (APA) (5 U.S.C. 553(b)). This provision               the Town of Olcott fireworks display.
                                                                                                     authorizes an agency to issue a rule                  This zone will be enforced from 9:30
                                            33 CFR Part 165                                          without prior notice and opportunity to               p.m. until 11 p.m. on July 10, 2015; July
                                            [Docket Number USCG–2015–0595]                           comment when the agency for good                      23, 2015; August 13, 2015; August 27,
                                                                                                     cause finds that those procedures are                 2015; and September 6, 2015. This zone
                                            RIN 1625–AA00                                                                                                  will encompass all waters of Lake
                                                                                                     ‘‘impracticable, unnecessary, or contrary
                                                                                                     to the public interest.’’ Under 5 U.S.C.              Ontario; Olcott, NY within a 1,050-foot
                                            Safety Zone; Town of Olcott Fireworks                                                                          radius of position 43°20′23.6″ N. and
                                            Display; Lake Ontario, Olcott, NY                        553(b)(B), the Coast Guard finds that
                                                                                                     good cause exists for not publishing a                078°43′09.5″ W. (NAD 83).
                                            AGENCY:    Coast Guard, DHS.                             notice of proposed rulemaking (NPRM)                    Entry into, transiting, or anchoring
                                            ACTION:   Temporary final rule.                          with respect to this rule because doing               within the safety zone is prohibited
                                                                                                     so would be impracticable and contrary                unless authorized by the Captain of the
                                            SUMMARY:   The Coast Guard is                            to the public interest. The final details             Port Buffalo or his designated on-scene
                                            establishing a temporary safety zone on                  for this event were not known to the                  representative. The Captain of the Port
                                            Lake Ontario, Olcott, NY. This safety                    Coast Guard until there was insufficient              or his designated on-scene
                                            zone is intended to restrict vessels from                time remaining before the event to                    representative may be contacted via
                                            a portion of Lake Ontario during the                     publish an NPRM. Thus, delaying the                   VHF Channel 16.
                                            Town of Olcott fireworks display. This                   effective date of this rule to wait for a
                                            temporary safety zone is necessary to                                                                          D. Regulatory Analyses
                                                                                                     comment period to run would be
                                            protect mariners and vessels from the                    impracticable and contrary to the public                We developed this rule after
                                            navigational hazards associated with a                   interest because it would inhibit the                 considering numerous statutes and
                                            fireworks display.                                       Coast Guard’s ability to protect                      executive orders related to rulemaking.
                                            DATES: This rule is effective without                    spectators and vessels from the hazards               Below we summarize our analyses
                                            actual notice from July 16, 2015 until                   associated with a maritime fireworks                  based on these statutes and executive
                                            September 6, 2015. For the purposes of                   display. Therefore, under 5 U.S.C.                    orders.
                                            enforcement, actual notice will be used                  553(d)(3), the Coast Guard finds that
                                            from June 25, 2015 until July 16, 2015.                                                                        1. Regulatory Planning and Review
                                                                                                     good cause exists for making this
                                            ADDRESSES: Documents mentioned in                        temporary rule effective less than 30                   This rule is not a significant
                                            this preamble are part of docket [USCG–                  days after publication in the Federal                 regulatory action under section 3(f) of
                                            2015–0595]. To view documents                            Register. For the same reasons                        Executive Order 12866, Regulatory
                                            mentioned in this preamble as being                      discussed in the preceding paragraph,                 Planning and Review, as supplemented
                                            available in the docket, go to http://                   waiting for a 30 day notice period to run             by Executive Order 13563, Improving
                                            www.regulations.gov, type the docket                     would be impracticable.                               Regulation and Regulatory Review, and
                                            number in the ‘‘SEARCH’’ box and click                                                                         does not require an assessment of
tkelley on DSK3SPTVN1PROD with RULES




                                            ‘‘SEARCH.’’ Click on Open Docket                         B. Basis and Purpose                                  potential costs and benefits under
                                            Folder on the line associated with this                    The legal basis and authorities for this            section 6(a)(3) of Executive Order 12866
                                            rulemaking. You may also visit the                       rule are found in 33 U.S.C. 1231, 46                  or under section 1 of Executive Order
                                            Docket Management Facility in Room                       U.S.C. Chapter 701, 3306, 3703; 50                    13563. The Office of Management and
                                            W12–140 on the ground floor of the                       U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,               Budget has not reviewed it under those
                                            Department of Transportation West                        6.04–6, and 160.5; Pub. L. 107–295, 116               Orders.


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Document Created: 2015-12-15 13:13:18
Document Modified: 2015-12-15 13:13:18
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 17, 2015, through August 21, 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 42037 
RIN Number1625-AA00

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