[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Rules and Regulations]
[Pages 49288-49290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24239]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-128]
RIN 2115-AA97


Security Zone; Saint Lawrence River, Massena, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing United States navigable waters of the St. Lawrence River 
in the vicinity of the Moses-Saunders Power Dam. The security zone is 
necessary to prevent damage to the dam. Unauthorized entry into this 
security zone is prohibited.

DATES: This rule is effective from September 12, 2001, through June 15, 
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 [CGD09-01-128] and are available for inspection or 
copying at the U.S. Coast Guard Marine Safety Office Buffalo, 1 
Furhmann Blvd., Buffalo, New York 14203, between 8 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant David Flaherty, U. S. Coast 
Guard Marine Safety Office Buffalo, (716) 843-9574.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. The Coast Guard for good cause finds that, under 5 U.S.C. 
553(b)(B) and (d)(3), notice and public comment on the rule before the 
effective date of the rule and advance publication are impracticable 
and contrary to public interest. Immediate action is necessary to 
ensure the safety of life, property, the environment, as well as safe 
passage for vessels transiting this area. The conduct of notice and 
comment rulemaking proceedings and compliance with advance notice 
requirements present significant public safety concerns that outweigh 
the public interest in compliance with these provisions. Public 
rulemaking proceedings and advance publication could provoke 
consequences that would pose a risk of harm to the public, military 
personnel, and law enforcement personnel charged with enforcement of 
the security zone. This regulation is geographically limited and in 
effect for such limited duration that it meets the needs of national 
security with a minimal burden on the public.

Background and Purpose

    This security zone is required to ensure the security of the Moses-
Saunders Power Dam as a result of the terrorist attacks on the United 
States on September 11, 2001. Pursuant to this regulation, no vessel or 
person will be allowed to enter, transit through, or anchor in the 
security zone unless specifically authorized by the District Commander, 
the Captain of the Port Buffalo (COTP), or one of the Captain of the 
Port's designated representatives. The Captain of the Port or one of 
his

[[Page 49289]]

designated representatives can be reached on Marine Channel 16.
    This security zone is established pursuant to the authority of 
Subpart D of part 165 of Title 33 of the Code of Federal Regulations 
and the Magnuson Act regulations promulgated by the President under 50 
U.S.C. 191, including subparts 6.01 and 6.04 or part 6 Title 33 of the 
Code of Federal Regulations. See Executive Order 10173, as amended. The 
security zone is needed to protect the Moses-Saunders Power Dam on the 
St. Lawrence River. This zone in Massena, New York, encompasses United 
States navigable waters of the St. Lawrence River from the point 
45 deg.00.3' N, 74 deg.48.2' W; east to the international border at 
45 deg.00.5' N, 74 deg.47.9' W; then southeast along the international 
border to 45 deg.00.3' N, 74 deg.47.6' W; along the international 
border to 45 deg.00.3' N, 74 deg.47.4' W; southwest to 44 deg.00.0' N, 
74 deg.47.8' W; northwest to 45 deg.00.2' N, 74 deg.48.0' W; back to 
starting point 45 deg.00.3' N, 74 deg.48.2' W. (NAD 83).
    Vessels or persons violating this section are subject to the 
penalties set forth in 50 U.S.C. 192: seizure and forfeiture of the 
vessel, a monetary penalty of not more than $250,000, and imprisonment 
for not more than 10 years.

Regulatory Evaluation

    This temporary rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has not been reviewed by the Office of Management and 
Budget 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).
    The security zone covers a vital portion of the St. Lawrence River 
transited by commercial vessels and is being created to protect the 
Moses-Saunders Power Dam. In addition, the security zone is necessary 
to ensure the safety of land and adjacent waterfront facilities. The 
Coast Guard does not foresee any interruption to the passage of vessels 
through this area. While the vessels will need authorization to transit 
the zone, the Coast Guard expects this not to interfere with or delay 
their passage.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the 
Coast Guard considered whether this rule will have a significant impact 
on a substantial number of small businesses and not-for-profit 
organizations that are not dominant in their respective fields, and 
government jurisdictions with populations less than 50,000.
    The Coast Guard certifies under section 605 (b) that this temporary 
final rule will not have a significant economic impact on a substantial 
number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
the St. Lawrence River in the vicinity of the Moses-Saunders Power Dam.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessel 
traffic will be allowed to pass through the zone with the permission of 
the COTP or his designated on scene representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding this rule so that they can better evaluate 
its effectiveness and participate in the rulemaking process. If your 
small business or organization is affected by this rule, 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 rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this 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) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will 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 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.

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 49290]]

Environment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that, under figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1D, 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 discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--[AMENDED]

    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. A new temporary Sec. 165.T09-103 is added to read as follows:


Sec. 165.T09-103  Security Zone: St. Lawrence River, Massena, New York.

    (a) Location. The following area is designated a security zone: all 
waters of the St. Lawrence River encompassed by the points from 
45 deg.00.3' N, 74 deg.48.2' W; east to the international border at 
45 deg.00.5' N, 74 deg.47.9' W; then southeast along the international 
border to 45 deg.00.3' N, 74 deg.47.6' W; along the international 
border to 45 deg.00.3' N, 74 deg.47.4' W; southwest to 44 deg.00.0' N, 
74 deg.47.8' W; northwest to 45 deg.00.2' N, 74 deg.48.0' W; back to 
starting point 45 deg.00.3' N, 74 deg.48.2' W. (NAD 83).
    (b) Effective dates. This section is effective from September 12, 
2001, through June 15, 2002.
    (c) 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, Buffalo, or the 
designated Patrol Commander. The designated Patrol Commander on scene 
may be contacted on VHF-FM Channel 16.

    Dated: September 12, 2001.
S.D. Hardy,
Commander, U.S. Coast Guard, Captain of the Port Buffalo, NY.
[FR Doc. 01-24239 Filed 9-26-01; 8:45 am]
BILLING CODE 4910-15-P