[Federal Register Volume 66, Number 188 (Thursday, September 27, 2001)]
[Rules and Regulations]
[Pages 49290-49292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24240]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 165

[CGD09-01-127]
RIN 2115-AA97


Security Zone; Snell and Eisenhower Locks, St. Lawrence Seaway, 
Massena, New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a security zone covering a 
portion of the St. Lawrence Seaway and adjacent land, including 
waterfront facilities, from a line approximately one-half mile east of 
the Snell Lock to a line approximately one mile west of the Eisenhower 
Lock, including all waters of the Wiley-Dondero Canal between the 
locks, in Massena, New York. No portion of the Grasse River is included 
in the zone. The security zone is necessary to prevent damage to the 
Snell and Eisenhower locks. 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 [CGD09-01-127] 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 is in 
effect for such a limited duration so as to meet the needs of national 
security while presenting a minimal burden on the public.

Background and Purpose

    This security zone is required to ensure the security of the Snell 
and Eisenhower locks as a result of the terrorist attacks on the United 
States on September 11, 2001. Use of these locks is vital to national 
security. 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 
designated representatives can be reached on Marine Channel 16.
    The security zone encompasses the area beginning at a line drawn 
from 44 deg.59.17' N, 74 deg.46.01' W; to 44 deg.59.49' N, 
74 deg.46.01' W. These coordinates are on opposite sides of the Wiley-
Dondero Canal 100 yards inland from the shoreline. The security zone 
then proceeds in a westerly direction, encompassing all waters in the 
canal and land 100 yards inland from the shoreline, along the Wiley-
Dondero Canal past the Snell and Eisenhower Locks, to a line drawn from 
44 deg.58.75' N, 74 deg.52.35' W; to 44 deg.58.14' N, 74 deg.52.28' W 
(NAD 83). These coordinates are on opposite sides of the Wiley-Dondero 
Canal 100 yards inland from the shoreline. The security zone does not 
include any portion of the Grasse River.
    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 persons, transiting vessels, 
adjacent waterfront facilities, and the adjacent land of the St. 
Lawrence River from a line approximately one-half mile east of the 
Snell Lock to a line approximately one mile west of the Eisenhower 
Lock, including all waters of the Wiley-

[[Page 49291]]

Dondero Canal between the locks, in Massena, New York.
    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 
Snell and Eisenhower locks. In addition, the security zone is necessary 
to ensure the safety of land and adjacent waterfront facilities. The 
Coast Guard does foresee minor interruption to the passage of vessels 
through this area. While vessels will need authorization to transit the 
zone, the Coast Guard expects minimal interference with or delay in 
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 up-river, between, and down-river of the Snell 
and Eisenhower Locks immediately until terminated by COTP Buffalo.
    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 after obtaining 
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 (Pub. L. 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.

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, Vessels, 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.T09-102 is added to read as follows:


Sec. 165.T09-102  Security Zone: St. Lawrence Seaway, Massena, New 
York.

    (a) Location. The following area is designated as a security zone: 
beginning at a line drawn from 44 deg. 59.17' N, 74 deg. 46.01' W to 
44 deg. 59.49' N, 74 deg. 46.01' W. These coordinates are on opposite 
sides of the Wiley-Dondero Canal of the St. Lawrence Seaway, 100 yards 
inland from the shoreline. The security zone then proceeds in a 
westerly direction, encompassing all waters in the canal and land 100 
yards inland from the shoreline, along the Wiley-Dondero Canal past the 
Snell and Eisenhower locks, to a line drawn from 44 deg. 58.75' N, 
74 deg. 52.35' W; to 44 deg. 58.14' N, 74 deg. 52.28' W (NAD 83). These 
coordinates are on opposite sides of the Wiley-Dondero Canal 100 yards 
inland from the shoreline. The security zone does not include any 
portion of the Grasse River.
    (b) Effective dates. This section is effective from September 12, 
2001, through June 15, 2002.

[[Page 49292]]

    (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. 01-24240 Filed 9-26-01; 8:45 am]
BILLING CODE 4910-15-P