Security Zones; Captain of the Port Chicago Zone, Lake Michigan
[Federal Register: May 22, 2002 (Volume 67, Number 99)]
[Proposed Rules]
[Page 35939-35942]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my02-13]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-02-001]
RIN 2115-AA97
Security Zones; Captain of the Port Chicago 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 the Des Plaines River, the Kankakee River,
the Rock River, and Lake Michigan in the Captain of the Port Zone
Chicago. These security zones are necessary to protect the nuclear
power plants, water intake cribs, and Navy Pier from possible sabotage
or other subversive acts, accidents, or possible acts of terrorism.
These zones are intended to restrict vessel traffic from portions of
the Des Plaines River, Rock River, and Lake Michigan.
DATES: Comments and related material must reach the Coast Guard on or
before June 21, 2002.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard Marine Safety Office Chicago, 215 W. 83rd Street, Burr Ridge, IL
60521. Marine Safety Office Chicago 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 Chicago between 7:30 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Al Echols, U.S.
[[Page 35940]]
Coast Guard Marine Safety Office Chicago, (630) 986-2175.
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-
001), 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 Chicago 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.
We propose to establish 10 permanent security zones for the
following facilities: (1) Jardine Water Filtration Plant; (2) Navy
Pier; (3) Dresden Nuclear Power Plant Water Intake; (4) Donald C. Cook
Nuclear Power Plant; (5) Palisades Nuclear Power Plant; (6) Byron
Nuclear Power Plant; (7) Zion Nuclear Power Plant; (8) 68th Street
Water Intake Crib; (9) Dever Water Intake Crib; and (10) 79th Street
Water Filtration Plant.
These proposed 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 Chicago, or his authorized representative, are prohibited
from entering or moving within the zones with those exceptions
described below. The Captain of the Port Chicago may be contacted via
VHF Channel 16. The Captain of the Port Chicago'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 from future strikes against public and governmental
targets. The security zones protecting the greater Chicago area water
intake systems (Jardine and 79th Street water filtration plants, and
the Dever and 68th Street water intake cribs) are necessary to protect
the drinking water supply for Chicago and its suburbs. This system is
the sole source of drinking water for more than 5 million people. 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 December 17, 2001, the Coast Guard issued a temporary rule
establishing a security zone around the Navy Pier (66 FR 66749,
December 27, 2001). In addition, on March 25, 2002,we issued a
temporary rule establishing nine security zones in or near Lake
Michigan (67 FR 19676, April 23, 2002).
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, l979).
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.
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.
Recreational boaters in portions of the Des Plaines River will be
impacted, however recreational traffic in those areas is historically
quite low. Commercial river traffic, expected to consist of towing
vessels and barges transiting through the security zones, will be
unimpeded.
The Captain of the Port Chicago will permit those U. S. Coast Guard
certificated passenger vessels that regularly, and as part of their
normal route, load and unload passengers at Navy Pier to operate in the
zone. However, should the Captain of the Port Chicago determine it is
appropriate, he will require even those U. S. Coast Guard certificated
passenger vessels which normally load and unload passengers at Navy
Pier to request permission before leaving or entering the security
zones. The Captain of the Port Chicago will notify these vessels via
Broadcast Notice to Mariners if they must notify the Coast Guard before
transiting the security zone. This proposed 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
[[Page 35941]]
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 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 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.
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.lD, this rule 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 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.
Sec. 165.T09-002 [Removed]
2. Remove Sec. 165.T09-002.
3. Add Sec. 165.908 to read as follows:
Sec. 165.908 Security Zones; Captain of the Port Chicago Zone, Lake
Michigan.
(a) Security zones. The following areas, defined by coordinates
based upon North American Datum 1983, are security zones:
(1) Jardine Water Filtration Plant.
(i) Location. All waters between the Navy Pier and the Jardine
Water Filtration Plant shoreward of a line drawn from the southeast
corner of the Jardine Water Filtration Plant at 41 deg. 53' 36' N,
87 deg. 36' 10' W, to the northeast corner of the Navy Pier at 41 deg.
53' 32' N, 87 deg. 35' 55' W.
(ii) Regulations. The Captain of the Port Chicago will normally
permit those U. S. Coast Guard certificated passenger vessels that
normally load and unload passengers at Navy Pier to operate in the
zone. However, should the Captain of the Port Chicago determine it is
appropriate, he will require even those U. S. Coast Guard certificated
passenger vessels which normally load and unload passengers at Navy
Pier to request permission before leaving or entering the security
zones. The Captain of the Port Chicago will notify these vessels via
Broadcast Notice to Mariners if they must notify the Coast Guard before
entering or transiting the security zone. As such, vessels who
regularly operate within this zone are responsible for monitoring
Broadcasts Notice to Mariners for the Chicago area. These broadcasts
will be made by U.S. Coast Group Milwaukee.
(2) Navy Pier Southside.
(i) Location. All waters encompassed by a line commencing at the
southeast corner of the Navy Pier at 41 deg. 53' 29' N, 87 deg. 35' 55'
W, then continuing southwesterly to the eastern end of Dime Pier at
41 deg. 53' 23' N, 87 deg. 35' 58', then westerly along Dime Pier and
continuing westerly until the northsouth pier face at 41 deg. 53' 23'
N, 87 deg. 36' 35' W; then north to Navy Pier and east along Navy Pier
continuing back to the point of orgin.
(ii) Regulations. The Captain of the Port Chicago will permit those
U. S. Coast Guard certificated passenger vessels that normally load and
unload passengers at Navy Pier to operate in the zone. However, should
the Captain of the Port Chicago determine it is appropriate, he will
require even those U. S. Coast Guard certificated passenger vessels
which normally load and unload
[[Page 35942]]
passengers at Navy Pier to request permission before leaving or
entering the security zones. The Captain of the Port Chicago will
notify these vessels via Broadcast Notice to Mariners if they must
notify the Coast Guard before transiting the security zone. As such,
vessels who regularly operate within this zone are responsible for
monitoring Broadcasts Notice to Mariners for the Chicago area. These
broadcasts will be made by U.S. Coast Group Milwaukee.
(3) Dresden Nuclear Power Plant. All waters of the Illinois River
in the vicinity of Dresden Nuclear Power Plant encompassed by a line
starting on the shoreline at 41 deg. 23' 45' N, 88 deg. 16' 18' W; then
east to the shoreline at 41 deg. 23' 39' N, 88 deg. 16' 09' W; then
following along the shoreline back to the beginning.
(4) Donald C. Cook Nuclear Power Plant. All waters of Lake Michigan
around the Donald C. Cook Nuclear Power Plant encompassed by a line
starting on the shoreline at 41 deg. 58.656' N, 86 deg. 33.972' W; then
northwest to 41 deg. 58.769' N, 86 deg. 34.525' W; then southwest to
41 deg. 58.589' N, 86 deg. 34.591' W; then southeast to the shoreline
at 41 deg. 58.476' N, 86 deg. 34.038' W; and following along the
shoreline back to the beginning.
(5) Palisades Nuclear Power Plant. All waters of Lake Michigan
around the Palisades Nuclear Power Plant within a line starting on the
shoreline at 42 deg. 19' 02' N, 86 deg. 19' 05' W; then northwest to
42 deg. 19' 43' N, 86 deg. 19' 52' W; then north to 42 deg. 20' 10' N,
86 deg. 20' 01' W; then southeast back to the shoreline at 42 deg. 19'
26' N, 86 deg. 18' 55' W; then following along the shoreline back to
the beginning.
(6) Byron Nuclear Power Plant. All waters of the Rock River
encompassed by the arc of a circle with a 100-yard radius with its
center in approximate position 42 deg. 05' 01'N, 89 deg. 19' 27'W.
(7) Zion Nuclear Power Plant. All waters of Lake Michigan
encompassed by a line starting on the shoreline at 42 deg. 26' 36' N,
87 deg. 48' 03' W; then southeast to 42 deg. 26' 20' N, 87 deg. 47' 35'
W; then northeast to 42 deg. 26' 53' N, 87 deg. 47' 22' W; then
northwest to the shoreline at 42 deg. 27' 06' N, 87 deg. 48' 00' W;
then following along the shoreline back to the beginning.
(8) 68th Street Water Intake Crib. All waters of Lake Michigan
within the arc of a circle with a 100-yard radius of the 68th Street
Crib with its center in approximate position 41 deg. 47' 10' N, 87 deg.
31' 51' W.
(9) Dever Water Intake Crib. All waters of Lake Michigan within the
arc of a circle with a 100-yard radius of the Dever Crib with its
center in approximate position 41 deg. 54' 55' N, 87 deg. 33' 20' W.
(10) 79th Street Water Intake Crib. All waters of Lake Michigan
within the arc of a circle with a 100-yard radius of the 79th Street
Water Filtration Plant with its center in the approximate position
41 deg. 45' 30' N, 87 deg. 32' 32' W.
(b) Regulations.
(1) Under Sec. 165.33, entry into this zone is prohibited unless
authorized by the Coast Guard Captain of the Port Chicago. Section
165.33 also contains other general requirements.
(2) All persons and vessels shall comply with the instruction of
the Captain of the Port Chicago or the designated on-scene U.S. Coast
Guard patrol personnel. On-scene patrol personnel include commissioned,
warrant, and petty officers of the U.S. Coast Guard on board Coast
Guard, Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Emergency response vessels are authorized to move within the
zone but must abide by the restrictions imposed by the Captain of the
Port.
(3) Persons who would like to transit through a security zone in
this section must contact the Captain of the Port at telephone number
(630) 986-2175 or on VHF channel 16 (121.5 MHz) 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: May 13, 2002.
R.E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port, Chicago.
[FR Doc. 02-12734 Filed 5-21-02; 8:45 am]
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