[Federal Register Volume 66, Number 198 (Friday, October 12, 2001)]
[Rules and Regulations]
[Pages 52038-52039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25651]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-136]
RIN 2115-AA97


Security Zone; Lake Erie, Toledo, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing navigable water of Lake Erie near the Davis Besse nuclear 
power plant. This security zone is necessary to prevent damage to the 
nuclear power plant. Entry into, transit through or anchoring within 
this security zone is prohibited unless authorized by the Coast Guard 
Captain of the Port Toledo or the designated on scene representative.

DATES: This rule is effective from September 28, 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 [CGD09-01-136] and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Office Toledo, 420 Madison 
Ave, Suite 700, Toledo, Ohio, 43604 between 9:30 a.m. and 2 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Herb Oertli, Chief of Port 
Operations, Marine Safety Office Toledo, Ohio, (419) 418-6050.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    As authorized by 5 U.S.C. 553, we did not publish a notice of 
proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 
553(b)(B), the Coast Guard finds that good cause exists for not 
publishing an NPRM, and, under 5 U.S.C. 553(d)(3), good cause exists 
for making this rule it effective less than 30 days after publication 
in the Federal Register. The Coast Guard had insufficient advance 
notice to publish an NPRM followed by a temporary final rule. 
Publication of a notice of proposed rulemaking and delay of effective 
date would be contrary to the public interest because immediate action 
is necessary to prevent possible loss of life, injury, or damage to 
property.

Background and Purpose

    A temporary security zone is necessary to ensure the security of 
Davis Besse nuclear power plant, as a result of the terrorist attacks 
on the United States on September 11, 2001. The security zone consists 
of all navigable waters of Lake Erie within a line beginning from 
position 41 deg.36.8' N, 083 deg.06.2' W; north to 41 deg.37.7' N, 
083 deg.06.0' W; east to 41 deg.36.6' N, 083 deg.03.7' W; south to 
41 deg.35.8' N, 083 deg.04.0' W; back to the beginning point. Entry 
into, transit through or anchoring within this security zone is 
prohibited unless authorized by the Coast Guard Captain of the Port 
Toledo or the designated on scene representative. The designated on 
scene representative will be the Patrol Commander and may be contacted 
via VHF Channel 16.

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). This finding is based on the 
historical lack of vessel traffic during this time of year. Also, 
vessel traffic can pass safely around the security zone and vessels may 
request permission from the Captain of the Port Toledo to transit 
through the security zone.

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.

[[Page 52039]]

    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.
    This rule will affect the following entities, some of which may be 
small entities: the owners and operators of vessels intending to 
transit or anchor in a portion of Lake Erie.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic can pass safely around the security zone and commercial vessels 
may request permission from the Captain of the Port Toledo to transit 
through the security zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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. 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 Marine Safety Office Toledo (see 
ADDRESSES.)
    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

    We have analyzed this rule under Executive Order 13132 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 having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

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.lC, 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.

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 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 
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.

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--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), 
6.04-6, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T09-136 is added as follows:


Sec. 165.T09-136  Security Zone: Lake Erie, Toledo, Ohio.

    (a) Location. This security zone consists of all navigable waters 
of Lake Erie within a line beginning from position 41 deg.36.8' N, 
083 deg.06.2' W; north to 41 deg.37.7' N, 083 deg.06.0' W; east to 
41 deg.36.6' N, 083 deg.03.7' W; south to 41 deg.35.8' N, 083 deg.04.0' 
W; back to the beginning point. All geographic coordinated are North 
American Datum of 1983 (NAD 1983).
    (b) Effective period. This section is effective from September 28, 
2001 through June 15, 2002.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port.

    Dated: September 28, 2001.
David L. Scott,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-25651 Filed 10-11-01; 8:45 am]
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