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Security Zone; Lake Erie, Perry, Ohio
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 13, 2002 (Volume 67, Number 156)]
[Rules and Regulations]
[Page 52609-52611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au02-5]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-02-006]
RIN 2115-AA97
Security Zone; Lake Erie, Perry, Ohio
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent security zone on
the navigable waters of Lake Erie in the Captain of the Port Zone
Cleveland for the Perry Nuclear Power Plant. This security zone is
necessary to protect the Perry Nuclear Power Plant from possible
sabotage or other subversive acts, accidents, or possible acts of
terrorism. This security zone is intended to restrict vessel traffic
from a portion of Lake Erie.
DATES: This rule is effective August 13, 2002.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD09-02-006 and are available for inspection or
copying at U.S. Coast Guard Marine Safety Office Cleveland, 1055 East
Ninth Street, Cleveland, Ohio 44114 between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Allen Turner,
U.S. Coast Guard Marine Safety Office Cleveland, at (216) 937-0111.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 24, 2002, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone; Lake Erie, Perry, OH'' in the Federal
Register (67 FR 36556). We did not receive any letters commenting on
the proposed rule. No public hearing was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The permanent security zone
established by this rule is smaller in size than the temporary security
zone previously in effect. See 66 FR 52043
[[Page 52610]]
(Oct. 12, 2001) or 67 FR 39848 (June 11, 2002) for a description of the
previous larger security zone. By immediately implementing the smaller
zone size, we will be relieving some of the burden placed on the public
by the previous larger security zone. This rule removes a temporary
security zone identical to that established by this rule. The identical
temporary security zone was established on August 1, 2002 after the
previous larger security zone expired that date.
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.
This regulation establishes a permanent security zone for the Perry
Nuclear Power Plant. The security zone consists of all navigable waters
of Lake Erie bound by a line drawn between the following coordinates:
beginning at 41 deg. 48.187' N, 081 deg. 08.818' W; due north to
41 deg. 48.7' N, 081 deg. 08.818' W; due east to 41 deg. 48.7' N,
081 deg. 08.455' W; due south to the south shore of Lake Erie at
41 deg. 48.231' N, 081 deg. 08.455' W; thence westerly following the
shoreline back to the beginning. These coordinates are based upon North
American Datum 1983 (NAD 83). Entry into, transit through or anchoring
within this security zone is prohibited unless authorized by the
Captain of the Port Cleveland or his designated on-scene
representative.
Discussion of Comments and Changes
No comments were received and no changes are being made from the
proposed rule in this final rule.
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 will 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.
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 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. No
comments or questions were received from any small businesses.
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 will call 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 an 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 would not create an
environmental risk to health or risk to safety that might
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 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 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.
[[Page 52611]]
Environment
The Coast Guard considered the environmental impact of this rule
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 Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping 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, and 160.5; 49 CFR 1.46.
Sec. 165.T09-506 [Removed]
2. Remove Sec. 165.T09-506
3. Add Sec. 165.912 to read as follows:
Sec. 165.912 Security Zone; Lake Erie, Perry, OH.
(a) Location: The following area is a security zone: all navigable
waters of Lake Erie bounded by a line drawn between the following
coordinates beginning at 41 deg. 48.187' N, 081 deg. 08.818' W; then
due north to 41 deg. 48.7' N, 081 deg. 08.818' W; then due east to
41 deg. 48.7' N, 081 deg. 08.455' W; then due south to the south shore
of Lake Erie at 41 deg. 48.231' N, 081 deg. 08.455' W; thence westerly
following the shoreline back to the beginning (NAD 83).
(b) Regulations. In accordance with the general regulations in
Sec. 165.33 of this part, entry into this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Cleveland, or the
designated on-scene 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: July 31, 2002.
L. W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port, MSO Cleveland.
[FR Doc. 02-20483 Filed 8-12-02; 8:45 am]
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