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Security Zones; Captain of the Port Milwaukee Zone, Lake Michigan
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 31, 2002 (Volume 67, Number 147)]
[Rules and Regulations]
[Page 49576-49578]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy02-10]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing two permanent security zones
on the navigable waters of Lake Michigan in the Captain of the Port
Milwaukee Zone. These security zones are necessary to protect the
nuclear power plants and water intake cribs 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: This rule is effective July 31, 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.
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 CGD09-02-007 and are 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: Marine Science Technician Chief David
McClintock, U.S. Coast Guard Marine Safety Office Milwaukee, at (414)
747-7155.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 18, 2002, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zones; Captain of the Port Milwaukee Zone,
Lake Michigan'' in the Federal Register (67 FR 19142). We received 14
letters and 2 petitions 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 zones being
established by this rulemaking are smaller in size than the temporary
security zones currently in effect. By immediately implementing the
smaller zone size, we will be relieving some of the burden placed on
the public by a larger security zone.
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,
significant damage to the Pentagon, and tragic loss of life. National
security and intelligence officials warn that future terrorists attacks
are likely.
This regulation establishes 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 authorized 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
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 Local Notice to Mariners
and the Broadcast Notice to Mariners.
Discussion of Comments and Changes
During the public comment period, we received 14 letters. All
expressed concern that the security zone would exclude fishermen from a
good fishing area and that the security zone would do little to prevent
acts of terrorism.
One letter was a form comment signed by 129 individuals stating
that a no-fishing, no-boating zone, marked by buoys, will help to deter
a terrorist attack. However, the ban will prevent fishermen from
enjoying good fishing in that area. Another letter was a form comment
signed by 145 individuals stating that the current level of security
[[Page 49577]]
is sufficient and that they would like to see the area open to
fishermen.
The Captain of the Port Milwaukee has carefully weighed security
concerns versus public access in the decision to establish security
zones. The security zones create a clear area in which unauthorized
persons are readily detectable. This area, coupled with regular Coast
Guard patrols, the assistance of state, local, and the nuclear power
plant security personnel, all help to create an area to detect and
respond to unauthorized individuals.
Thirteen comments indicated that recreational boaters are being
deprived of good fishing areas and a beach area for families and
tourists to enjoy. Due to the events of September 11, 2001, both
nuclear power plants have already taken steps that prohibit access to
beach and park areas. These steps include prohibiting beach and park
access, posting signs, and regular roaming patrols. Nuclear plants are
critical infrastructure throughout the country, providing electricity
to millions of homes and cities. In addition, the plants pose a
significant radiological hazard should their structural integrity be
compromised. The Captain of the Port Milwaukee has determined that the
best practice to ensure the safety of these facilities is to provide a
clear area in which no vessels or persons are allowed access without
specific permission from the Captain of the Port Milwaukee.
One comment was from a local charter boat captain who was concerned
about the impact the security zones would have on the local charter
fleet. The Captain of the Port Milwaukee has taken every step possible
to minimize the impact of the permanent security zones by decreasing
the size from that of the temporary security zone. The permanent
security zone sizes were carefully considered and balance the safety
and security of the facility versus access to the area. The permanent
zone size, while smaller than the temporary zone size, continues to
provide a clear area in which to detect persons or vessels while
providing for traditional use around the security zones.
The Captain of the Port Milwaukee feels that this action is
currently necessary until there is domestic security intelligence to
indicate otherwise. As circumstances allow, the Captain of the Port
Milwaukee may take steps to relieve the burden imposed on the public by
allowing general access, reducing the zone size, or deactivating the
security zones. However, this final rule remains unchanged from the
proposed 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 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.
These security zones will not have a significant economic impact on
a substantial number of small entities for the following reasons. Our
rule will not obstruct the regular flow of commercial traffic and will
allow vessel traffic to pass around the security zone. In addition, in
the event that is may be necessary, prior to transiting commercial
vessels can request permission from the Captain of the Port Milwaukee
to transit through the zone.
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 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 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 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
[[Page 49578]]
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.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (34) (g), of Commandant
Instruction M16475.lD, 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, and 160.5; 49 CFR 1.46.
Secs. 165.T09-109 and 165T09-110 [Removed]
2. Remove Secs. 165.T09-109 and 165.T09-110.
3. Add Sec. 165.916 to read as follows:
Sec. 165.916 Security Zones; Captain of the Port Milwaukee Zone, Lake
Michigan.
(a) Location. The following are security zones:
(1) Kewaunee. All navigable waters of Western Lake Michigan
encompassed by a line commencing from a point on the shoreline at
44 deg. 20.647 N, 087 deg. 31.980 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. All coordinates
are based upon North American Datum 1983.
(2) Point Beach. All navigable waters of Western Lake Michigan
encompassed by a line commencing from a point on the shoreline at
44 deg. 17.06 N, 087 deg. 32.15 W, then northeasterly to 44 deg. 17.12
N, 087 deg. 31.59 W, then southeasterly to 44 deg. 16.48 N, 087 deg.
31.42 W, then southwesterly to 44 deg. 16.42 N, 087 deg. 32.02 W, then
northwesterly along the shoreline back to the point of origin. All
coordinates are based upon North American Datum 1983.
(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: July 19, 2002.
M.R. Devries,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 02-19354 Filed 7-26-02; 4:02 pm]
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