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Security Zones; Captain of the Port Milwaukee Zone, Lake Michigan
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[Federal Register: April 18, 2002 (Volume 67, Number 75)]
[Proposed Rules]
[Page 19142-19144]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap02-19]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-02-007]
RIN 2115-AA97
Security Zones; Captain of the Port Milwaukee Zone, Lake Michigan
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent security zones
on the navigable waters of Lake Michigan in the Captain of the Port
Zone Milwaukee. These security zones are necessary to protect the
nuclear power plants from possible sabotage or other subversive acts,
accidents, or possible acts of terrorism. These zones are intended to
restrict vessel traffic from a portion of Lake Michigan.
DATES: Comments and related material must reach the Coast Guard on or
before May 20, 2002.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard Marine Safety Office Milwaukee, 2420 South Lincoln Memorial
Drive, Milwaukee, WI 53207. Marine Safety Office Milwaukee maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket, will become part of this docket and will
be available for inspection or copying at Marine Safety Office
Milwaukee between 7 a.m. and 3:30 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Tim Sickler, U.S.
Coast Guard Marine Safety Office Milwaukee, 2420 South Lincoln Memorial
Drive, Milwaukee, WI 53207. The telephone number is (414) 747-7155.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD09-02-
007), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to U.S. Coast Guard Marine Safety
Office Milwaukee at the address under ADDRESSES explaining why one
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
On September 11, 2001, the United States was the target of
coordinated attacks by international terrorists resulting in
catastrophic loss of life, the destruction of the World Trade Center,
and significant damage to the Pentagon. National security and
intelligence officials warn that future terrorists attacks are likely.
[[Page 19143]]
This regulation proposes to establish two permanent security zones
for the following facilities:
(1) Point Beach nuclear power plant, and
(2) Kewaunee nuclear power plant.
These security zones are necessary to protect the public,
facilities, and the surrounding area from possible sabotage or other
subversive acts. All persons other than those approved by the Captain
of the Port Milwaukee, or his on-scene representative, are prohibited
from entering or moving within the zones. The Captain of the Port
Milwaukee may be contacted via VHF Channel 16 for further instructions
to request permission before transiting through the restricted area.
The Captain of the Port Milwaukee's on-scene representative will be the
patrol commander. In addition to publication in the Federal Register,
the public will be made aware of the existence of these security zones,
their exact locations, and the restrictions involved via Broadcast
Notice to Mariners.
Discussion of Proposed Rule
Following the catastrophic nature and extent of damage realized
from the aircraft flown into the World Trade Center towers, this
rulemaking is necessary to protect the national security interests of
the United States against future strikes against public targets. The
security zones protecting the nuclear power plants are necessary to
safeguard the supply of electricity along Lake Michigan and to protect
the public from possible exposure to the radioactive materials that
could be released into the environment as a result of a terrorist
attack on those facilities.
On October 12, 2001, the Coast Guard published temporary security
zones around Kewaunee nuclear power plant (66 FR 52036) and Point Beach
nuclear power plant (66 FR 52041). The current regulation proposes to
establish permanent security zones for the following locations:
(1) Kewaunee--All navigable waters of Western Lake Michigan
commencing from a point on the shoreline at 44 deg. 20.647 N, 087 deg.
32.1 W, then easterly to 44 deg. 20.647 N, 087 deg. 31.866 W, then
southerly to 44 deg. 20.391 N, 087 deg. 31.866 W, then westerly to
44 deg. 20.391 N, 087 deg. 32.067 W, then northerly following the
shoreline back to the point of origin. These coordinates are based upon
North American Datum 1983 (NAD 83).
(2) Point Beach--All navigable waters of Western Lake Michigan
commencing from a point on the shoreline at 44 deg. 17.1 N, 087 deg.
32.25 W, then northeasterly to 44 deg. 17.2 N, 087 deg. 31.98 W, then
southeasterly to 44 deg. 16.8 N, 087 deg. 31.7 W, then southwesterly to
44 deg. 16.7 N, 087 deg. 32.03 W, then northwesterly along the
shoreline back to the point of origin (NAD 83).
Regulatory Evaluation
This proposed 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).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10(e) of the
regulatory policies and procedures of DOT is unnecessary. There will be
no impact on commercial vessel traffic as a result of these security
zones.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This security zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will not obstruct the regular flow of traffic and will allow
vessel traffic to pass around the security zone.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 the office listed in Addresses
in this preamble. 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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
We have analyzed this proposed rule under Executive Order 13132,
Federalism, and have determined that this rule does not have
implications for federalism under that Order.
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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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.
[[Page 19144]]
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph (34) (g), of Commandant
Instruction M16475.lC, this rule is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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.
Secs. 165.T09-109 and 165.T09-110 [Removed]
2. Remove Secs. 165.T09-109 and 165.T09-110.
3. Add Sec. 165.913 to read as follows:
Sec. 165.913 Security Zones; Captain of the Port Milwaukee Zone, Lake
Michigan.
(a) Location. The following is a security zone:
(1) Kewaunee Nuclear Power Plant. All navigable waters of Western
Lake Michigan commencing from a point on the shoreline at 44 deg.
20.647 N, 087 deg. 32.1 W, then easterly to 44 deg. 20.647 N, 087 deg.
31.886 W, then southerly to 44 deg. 20.391 N, 087 deg. 31.866 W, then
westerly to 44 deg. 20.391 N, 087 deg. 32.067 W, then northerly
following the shoreline back to the point of origin (NAD 83).
(2) Point Beach Nuclear Power Plant. All navigable waters of
Western Lake Michigan commencing from a point on the shoreline at
44 deg. 17.1 N, 087 deg. 32.25 W, then northeasterly to 44 deg. 17.2 N,
087 deg. 31.98 W, then southeasterly to 44 deg. 16.8 N, 087 deg. 31.7
W, then southwesterly to 44 deg. 16.7 N, 087 deg. 32.03 W then
northwesterly along the shoreline back to the point of origin (NAD 83).
(b) Regulations. (1) In accordance with Sec. 165.33, entry into
this zone is prohibited unless authorized by the Coast Guard Captain of
the Port Milwaukee. Section 165.33 also contains other general
requirements.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number (414) 747-7155 or
on VHF-FM Channel 16 to seek permission to transit the area. If
permission is granted, all persons and vessels shall comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
Dated: April 5, 2002.
M.R. Devries,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 02-9418 Filed 4-17-02; 8:45 am]
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