[Federal Register: June 7, 2002 (Volume 67, Number 110)]
[Rules and Regulations]               
[Page 39292-39294]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn02-15]                         

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-008]
RIN 2115-AA97

 
Security Zones; Captain of the Port Chicago Zone, Lake Michigan

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; change in effective period.

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SUMMARY: The Coast Guard is revising the effective period for the 
temporary security zones on the navigable waters of the Kankakee River, 
the Rock River, and Lake Michigan in the Captain of the Port Chicago 
zone. These security zones are necessary to protect the nuclear power 
plants, water intake cribs water filtration plants, and Navy Pier from 
possible sabotage or other subversive acts, accidents, or possible acts 
of terrorism. These security zones are intended to restrict vessel 
traffic from portions of the Kankakee and Rock River and Lake Michigan.

DATES: The amendment to Sec. 165.T09-002 is effective on June 7, 2002. 
Section 165.T09-002, added at 67 FR 19676, April 23, 2002, effective 
March 25, 2002 until June 15, 2002, is extended in effect through 
August 1, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being in available in the 
docket, are part of docket CGD09-02-008 and are available for 
inspection or copying at U.S. Coast Guard Marine Safety Office Chicago, 
215 W. 83rd Street, Burr Ridge, IL 60521 between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Al Echols, U.S. 
Coast Guard Marine Safety Office Chicago, at telephone number (630) 
986-2175.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 23, 2002, we published a temporary final rule entitled 
Security Zones: Captain of the Port Chicago Zone, Lake Michigan in the 
Federal Register (67 FR 19676). The temporary final rule established 
nine temporary security zones in the Captain of the Port Chicago zone 
for the nuclear power plants, water intake cribs water filtration 
plants, and Navy Pier from possible sabotage or other subversive acts, 
accidents, or possible acts of terrorism.
    We are extending the effective period of the temporary final rule 
so that we can complete a rulemaking CGD09-02-001 Security Zones; 
Captain of the Port Chicago Zone, Lake Michigan, to establish a 
permanent security zone the nuclear power plants, water intake cribs 
water filtration plants, and Navy Pier. Extending the effective date 
until August 1, 2002 should provide us enough time to complete the 
rulemaking.
    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule and it is being made effective less than 30 days after publication 
in the Federal Register. When we promulgated the rule published April 
23, 2002, we intended to either allow it to expire on June 15, 2002, or 
to cancel it if we made permanent changes before that date. We 
published an NPRM on May 22, 2002 to make permanent changes to the 
temporary final rule (67 FR 35939). That rulemaking will follow normal 
notice and comment procedures, and a final rule should be published 
before August 1, 2002.
    Continuing the temporary final rule in effect while the permanent 
rulemaking is in progress will help ensure the safety of critical 
infrastructure that may be the subject of subversive activity. Nuclear 
power plants are an important means of electrical energy in the region. 
In addition, they could be a source of severe radiological 
contamination throughout the region. Therefore, the Coast Guard finds 
good cause under 5 U.S.C. 553 (b)(B) and (d)(3) for why a notice of 
proposed rulemaking and opportunity for comment is not required and why 
this rule will be made effective fewer than 30 days after publication 
in the Federal Register.

Background and Purpose

    A temporary security zone is necessary to ensure the security for 
the following nine facilities: (1) Navy Pier and the Jardine Water 
Filtration Plant; (2) Dresden Nuclear Power Plant Water Intake; (3) 
Donald C. Cook Nuclear Power Plant; (4) Palisades Nuclear Power Plant; 
(5) Byron Nuclear Power Plant; (6) Zion Nuclear Power Plant; (7) 68th 
Street Water Intake Crib; (8) Dever Water Intake Crib; and (9) 79th 
Street Water Filtration Plant, as a result of the terrorist attacks on 
the United States on September 11, 2001.
    The following nine security zones consist of:
    (1) All waters between the Navy Pier and the Jardine Water 
Filtration Plant shoreward of a line starting at the southeast corner 
of the Jardine Water Filtration Plant at 41 deg.53'36'' N, 
87 deg.36'17'' W and ending at the northeast

[[Page 39293]]

corner of the Navy Pier at 41 deg.53'33'' N, 87 deg.35'55'' W, and 
shoreward of a line starting at the southeast corner of the Navy Pier 
at 41 deg.53'29'' N, 87 deg.35'55'' W thence to the east end of Dime 
Pier at 41 deg.53'23'' N, 87 deg.35'58'' W thence along the south side 
of Dime Pier to the west end of Dime Pier at 41 deg.53'23'' N, 
87 deg.36'29'' W thence southeast to the corner of the seawall at 
41 deg.53'22'' N 87 deg.36'28'' W;
    (2) All waters in the vicinity of the Dresden Nuclear Power Plant 
south of a line starting at the Illinois River shore at approximate 
position 41 deg.23'45'' N, 88 deg.16'18'' W thence east to shore at 
approximate position 41 deg.23'39'' N, 88 deg.16'09'' W;
    (3) All waters of Lake Michigan around the Donald C. Cook Nuclear 
Power Plant water intakes within a line starting at the shoreline at 
41 deg.58.656' N, 86 deg.33.972' W, thence northwest to 41 deg.58.769' 
N, 86 deg.34.525' W, thence southwest to 41 deg.58.589' N, 
86 deg.34.591' W, thence southeast to the shoreline at 41 deg.58.476' 
N, 86 deg.34.038' W;
    (4) All waters of Lake Michigan around the Palisades Nuclear Power 
Plant within a line starting at the shoreline in approximate position 
42 deg.19'02'' N, 86 deg.19'05'' W, thence northwest to 42 deg.20'10'' 
N, 86 deg.20'01'' W, thence northeast to 42 deg.19'43'' N, 
86 deg.19'52'' W, thence to the shoreline at 42 deg.19'26'' N, 
86 deg.18'55'' W;
    (5) All waters of the Rock River within a 100 yard radius of the 
Byron Nuclear Power Plant; with its center in approximate position 
42 deg.05'01'' N, 89 deg.19'27'' W;
    (6) All waters 100 yards in all directions of the 68th Street Crib, 
with its center in approximate position 41 deg.47'10'' N, 
87 deg.31'51'' W;
    (7) All waters 100 yards in all directions of the Dever Crib; with 
its center in approximate position 41 deg.54'55'' N, 87 deg.33'20'' W;
    (8) All waters of Lake Michigan around the Zion Nuclear Power Plant 
within a line starting from the shoreline in approximate position 
42 deg.26'36'' N, 87 deg.48'03'' W, thence southeast to 42 deg.26'20'' 
N, 87 deg.47'35'' W, thence northeast to 42 deg.26'53'' N, 
87 deg.47'22'' W, thence to the shoreline at 42 deg.27'06'' N, 
87 deg.48'00'' W;
    (9) All waters of Lake Michigan within an arc of a circle with a 
100-yard radius centered on the 79th Street Water Filtration Plant, 
approximate position 41 deg.45'30'' N, 87 deg.33'32'' W.
    These coordinates are based upon North American Datum 1983 (NAD 
83). Entry into, transit through or anchoring within these security 
zones is prohibited unless authorized by the Captain of the Port 
Chicago or his designated on-scene representative. The designated on-
scene representative will be the Patrol Commander and may be contacted 
via VHF/FM Marine Channel 16.

Regulatory Evaluation

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040, February 26, 1979).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Marine Safety Office Chicago 
(see ADDRESSES.)
    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 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

[[Page 39294]]

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.

Environment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that, under figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1C, it is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subject in 33 CFR Part 165

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

    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

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.


    2. In Sec. 165.T09-002, paragraph (d) is added to read as follows:


Sec. 165.T09-002  Security Zones; Captain of the Port Chicago Zone, 
Lake Michigan.

* * * * *
    (d) Effective time and date. This section is effective from March 
25, 2002, through August 1, 2002.

    Dated: May 30 2002.
R.E. Seebald,
Captain, Coast Guard, Captain of the Port, Chicago.
[FR Doc. 02-14269 Filed 6-6-02; 8:45 am]
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