[Federal Register Volume 66, Number 198 (Friday, October 12, 2001)]
[Rules and Regulations]
[Pages 52036-52038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25750]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-138]
RIN 2115-AA97


Security Zone; Lake Michigan, Kewaunee, WI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone 
encompassing the navigable waters of Western Lake Michigan, adjacent to 
the Kewaunee nuclear power plant. This security zone is necessary to 
prevent unauthorized access into this nuclear power plant facility. 
Entry into, transit through or anchoring within this security zone is 
prohibited unless authorized by the Captain of the Port Milwaukee or 
his designated on-scene representative.

DATES: This rule is effective from September 28, 2001 through June 15, 
2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD09-01-138 and are available for 
inspection or copying at U.S. Coast Guard Marine Safety Office 
Milwaukee, 2420 South Lincoln Memorial Drive, Milwaukee, WI 53207 
between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Timothy Sickler, U.S. Coast Guard 
Marine Safety Office Milwaukee, (414) 747-7155.

[[Page 52037]]


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 effective less than 30 days after publication in 
the Federal Register. Following the catastrophic nature and extent of 
damage realized from the aircraft flown into the World Trade Center 
towers September 11, 2001, this rulemaking is urgently necessary to 
protect the national security interests of the United States against 
future potential terrorists strikes against public and governmental 
targets. A similar attack was conducted against the Pentagon on the 
same day. National security and intelligence officials warn that future 
terrorist attacks against civilian targets may be anticipated. 
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 protect against the possible loss of life, injury, or 
damage to property.

Background and Purpose

    A temporary security zone is necessary to ensure the security of 
the Kewaunee nuclear power plant as a result of the terrorist attacks 
on the United States on September 11, 2001. The security zone is 
described as follows: all navigable waters of Western Lake Michigan 
commencing from a point on the shoreline at 44 deg.20.85' N, 
087 deg.32.1' W; then easterly to 44 deg.20.85' N, 087 deg.31.4' W; 
then southerly to 44 deg.20.35' N, 087 deg.31.4' W; then westerly to 
44 deg.20.35' N, 087 deg.32.1' W; then northerly following the 
shoreline back to the point of origin. These coordinates are based upon 
North American Datum 1983 (NAD 83). Entry into, transit through or 
anchoring within this security zone is prohibited unless authorized by 
the Captain of the Port Milwaukee or his designated on-scene 
representative. The designated on-scene representative will be the 
Patrol Commander and may be contacted via VHF/FM Marine 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 is a temporary rule and 
vessels will be able to transit around the security zone. In addition, 
vessels may request permission from the Captain of the Port 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.
    For the reasons set out in the Regulatory Evaluation, 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.

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 Buffalo 
(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

    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 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

[[Page 52038]]

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

    The Coast Guard considered the environmental impact of this 
regulation and concluded that, under figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1C, 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 set out 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), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T09-109 is added to read as follows:


Sec. 165.T09-109  Security Zone; Lake Michigan, Kewaunee, WI.

    (a) Location. The following area is a temporary security zone: all 
navigable waters of Western Lake Michigan bound by the following 
coordinates beginning from a point on the shoreline at 44 deg.20.85' N, 
087 deg.32.1' W; then easterly to 44 deg.20.85' N, 087 deg.31.4' W; 
then southerly to 44 deg.20.35' N, 087 deg.31.4' W; then westerly to 
44 deg.20.35' N, 087 deg.32.1 W; then northerly following the shoreline 
back to the point of origin. These coordinates are based upon North 
American Datum 1983 (NAD 83).
    (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. 165.33 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Milwaukee, or his 
designated on-scene representative. The designated on-scene 
representative will be the Patrol Commander. The Captain of the Port 
Milwaukee or the Patrol Commander may be contacted via VHF/FM Marine 
Channel 16.

    Dated: September 28, 2001.
M.R. DeVries,
Commander, Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 01-25750 Filed 10-11-01; 8:45 am]
BILLING CODE 4910-15-U