[Federal Register Volume 67, Number 75 (Thursday, April 18, 2002)]
[Proposed Rules]
[Pages 19142-19144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9418]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-007]
RIN 2115-AA97


Security Zones; Captain of the Port Milwaukee 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 Lake Michigan in the Captain of the Port 
Zone Milwaukee. These security zones are necessary to protect the 
nuclear power plants from possible sabotage or other subversive acts, 
accidents, or possible acts of terrorism. These zones are intended to 
restrict vessel traffic from a portion of Lake Michigan.

DATES: Comments and related material must reach the Coast Guard on or 
before May 20, 2002.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Marine Safety Office Milwaukee, 2420 South Lincoln Memorial 
Drive, Milwaukee, WI 53207. Marine Safety Office Milwaukee 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 
Milwaukee between 7 a.m. and 3:30 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Tim Sickler, U.S. 
Coast Guard Marine Safety Office Milwaukee, 2420 South Lincoln Memorial 
Drive, Milwaukee, WI 53207. The telephone number is (414) 747-7155.

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-
007), 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 Milwaukee 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.

[[Page 19143]]

    This regulation proposes to establish two permanent security zones 
for the following facilities:
    (1) Point Beach nuclear power plant, and
    (2) Kewaunee nuclear power plant.
    These 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 Milwaukee, or his on-scene representative, are prohibited 
from entering or moving within the zones. The Captain of the Port 
Milwaukee may be contacted via VHF Channel 16 for further instructions 
to request permission before transiting through the restricted area. 
The Captain of the Port Milwaukee'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 against future strikes against public targets. 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 October 12, 2001, the Coast Guard published temporary security 
zones around Kewaunee nuclear power plant (66 FR 52036) and Point Beach 
nuclear power plant (66 FR 52041). The current regulation proposes to 
establish permanent security zones for the following locations:
    (1) Kewaunee--All navigable waters of Western Lake Michigan 
commencing from a point on the shoreline at 44 deg. 20.647 N, 087 deg. 
32.1 W, then easterly to 44 deg. 20.647 N, 087 deg. 31.866 W, then 
southerly to 44 deg. 20.391 N, 087 deg. 31.866 W, then westerly to 
44 deg. 20.391 N, 087 deg. 32.067 W, then northerly following the 
shoreline back to the point of origin. These coordinates are based upon 
North American Datum 1983 (NAD 83).
    (2) Point Beach--All navigable waters of Western Lake Michigan 
commencing from a point on the shoreline at 44 deg. 17.1 N, 087 deg. 
32.25 W, then northeasterly to 44 deg. 17.2 N, 087 deg. 31.98 W, then 
southeasterly to 44 deg. 16.8 N, 087 deg. 31.7 W, then southwesterly to 
44 deg. 16.7 N, 087 deg. 32.03 W, then northwesterly along the 
shoreline back to the point of origin (NAD 83).

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, 1979).
    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. There will be 
no impact on commercial vessel traffic as a result of these security 
zones.

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. This 
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 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 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 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.

[[Page 19144]]

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.lC, this rule is categorically excluded from further 
environmental documentation.

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.


Secs. 165.T09-109 and 165.T09-110  [Removed]

    2. Remove Secs. 165.T09-109 and 165.T09-110.
    3. Add Sec. 165.913 to read as follows:


Sec. 165.913  Security Zones; Captain of the Port Milwaukee Zone, Lake 
Michigan.

    (a) Location. The following is a security zone:
    (1) Kewaunee Nuclear Power Plant. All navigable waters of Western 
Lake Michigan commencing from a point on the shoreline at 44 deg. 
20.647 N, 087 deg. 32.1 W, then easterly to 44 deg. 20.647 N, 087 deg. 
31.886 W, then southerly to 44 deg. 20.391 N, 087 deg. 31.866 W, then 
westerly to 44 deg. 20.391 N, 087 deg. 32.067 W, then northerly 
following the shoreline back to the point of origin (NAD 83).
    (2) Point Beach Nuclear Power Plant. All navigable waters of 
Western Lake Michigan commencing from a point on the shoreline at 
44 deg. 17.1 N, 087 deg. 32.25 W, then northeasterly to 44 deg. 17.2 N, 
087 deg. 31.98 W, then southeasterly to 44 deg. 16.8 N, 087 deg. 31.7 
W, then southwesterly to 44 deg. 16.7 N, 087 deg. 32.03 W then 
northwesterly along the shoreline back to the point of origin (NAD 83).
    (b) Regulations. (1) In accordance with Sec. 165.33, entry into 
this zone is prohibited unless authorized by the Coast Guard Captain of 
the Port Milwaukee. Section 165.33 also contains other general 
requirements.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number (414) 747-7155 or 
on VHF-FM Channel 16 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: April 5, 2002.
M.R. Devries,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 02-9418 Filed 4-17-02; 8:45 am]
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