[Federal Register Volume 67, Number 78 (Tuesday, April 23, 2002)]
[Rules and Regulations]
[Pages 19676-19678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9939]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-008]
RIN 2115-AA97


Security Zones; Captain of the Port Chicago Zone, Lake Michigan

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary security zones on 
the navigable waters of the Kankakee River, the Rock River, and Lake 
Michigan in the Captain of the Port Zone Chicago. These security zones 
are necessary to protect the nuclear power plants, water intake cribs, 
water filtration plants, and Navy Pier from possible sabotage or other 
subversive acts, accidents, or possible acts of terrorism. These zones 
are intended to restrict vessel traffic from portions of the Kankakee 
and Rock River and Lake Michigan.

DATES: This rule is effective from 9 a.m. (local) March 25, 2002 until 
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 CGD09-02-008 and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Office Chicago, 215 W. 83rd 
Street, Burr Ridge, IL 60521 between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Al Echols, U.S. 
Coast Guard Marine Safety Office Chicago, 215 W. 83rd Street, Burr 
Ridge, IL 60521. The telephone number is (630) 986-2175.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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. 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 or injury.
    For the same reason, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication 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.
    This regulation establishes nine temporary security zones for the 
following facilities: (1) Navy Pier and the Jardine Water Filtration 
Plant; (2) Dresden Nuclear Power Plant Water Intake; (3) Donald C. Cook 
Nuclear Power Plant; (4) Palisades Nuclear

[[Page 19677]]

Power Plant; (5) Byron Nuclear Power Plant; (6) Zion Nuclear Power 
Plant; (7) 68th Street Water Intake Crib; (8) Dever Water Intake Crib; 
and (9) 79th Street Water Filtration 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 Chicago, or his authorized representative, are prohibited 
from entering or moving within the zones with those exceptions 
described below. The Captain of the Port Chicago may be contacted via 
VHF Channel 16 for further instructions before transiting through the 
restricted area. The Captain of the Port Chicago'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.

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).
    The Coast Guard expects the economic impact of this proposal to be 
so minimal that a full Regulatory Evaluation under paragraph 10(e) of 
the regulatory policies and procedures of DOT is unnecessary.

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.
    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.
    These security zones will not have a significant economic impact on 
a substantial number of small entities for the following reasons. 
Recreational boaters in portions of the Illinois River and Des Plaines 
River will be impacted, however recreational traffic in those areas is 
historically quite low. Commercial river traffic on the Illinois and 
Des Plaines River will be unimpeded. The Captain of the Port Chicago 
will generally permit those U.S. Coast Guard certificated passenger 
vessels that normally load and unload passengers at the Navy Pier to 
regularly operate in the zone. However, should the Captain of the Port 
Chicago determine it is appropriate, he will require even those U.S. 
Coast Guard certificated passenger vessels that normally load and 
unload passengers at the Navy Pier to request permission before leaving 
or entering the security zones. The Captain of the Port Chicago will 
notify these vessels via Broadcast Notice to Mariners if they must 
notify the Coast Guard before transiting the security zone. This rule 
will not obstruct the regular flow of traffic and will allow vessel 
traffic to pass around the security zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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. 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, 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 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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

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''

[[Page 19678]]

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 record 
keeping 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), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
    2. A new temporary Sec. 165.T09-002 is added to read as follows:


Sec. 165.T09-002  Security Zones; Captain of the Port Chicago Zone, 
Lake Michigan.

    (a) Location. The following areas are security zones. All 
coordinates are based upon North American Datum 1983.
    (1) All waters between the Navy Pier and the Jardine Water 
Filtration Plant shoreward of a line starting at the southeast corner 
of the Jardine Water Filtration Plant at 41 deg.53'36" N, 87 deg.36'17" 
W, and ending at the northeast corner of the Navy Pier at 41 deg.53'33" 
N, 87 deg.35'55" W, and shoreward of a line starting at the southeast 
corner of the Navy Pier at 41 deg.53'29" N, 87 deg.35'55" W, thence to 
the east end of Dime Pier at 41 deg.53'23" N, 87 deg.35'58" W, thence 
along the south side of Dime Pier to the west end of Dime Pier at 
41 deg.53'23" N, 87 deg.36'29" W thence southeast to the corner of the 
seawall at 41 deg.53'22" N, 87 deg.36'28" W;
    (2) All waters in the vicinity of the Dresden Nuclear Power Plant 
south of a line starting at the Illinois River shore at approximate 
position 41 deg.23'45" N, 88 deg.16'18" W, thence east to shore at 
approximate position 41 deg.23'39" N, 88 deg.16'09" W;
    (3) All waters of Lake Michigan around the Donald C. Cook Nuclear 
Power Plant water intakes within a line starting at the shoreline at 
41 deg.58.656' N, 86 deg.33.972' W, thence northwest to 41 deg.58.769' 
N, 86 deg.34.525'W, thence southwest to 41 deg.58.589' N, 
86 deg.34.591' W, thence southeast to the shoreline at 41 deg.58.476' 
N, 86 deg.34.038' W;
    (4) All waters of Lake Michigan around the Palisades Nuclear Power 
Plant within a line starting at the shoreline in approximate position 
42 deg.19'02" N, 86 deg.19'05" W, thence northwest to 42 deg.20'10" N, 
86 deg.20'01" W, thence northeast to 42 deg.19'43" N, 86 deg.19'52" W, 
thence to the shoreline at 42 deg.19'26" N, 86 deg.18'55" W;
    (5) All waters of the Rock River within a 100-yard radius of the 
Byron Nuclear Power Plant; with its center in approximate position 
42 deg.05'01" N, 89 deg.19'27" W;
    (6) All waters 100 yards in all directions of the 68th Street Crib, 
with its center in approximate position 41 deg.47'10" N, 87 deg.31'51" 
W;
    (7) All waters 100 yards in all directions of the Dever Crib; with 
its center in approximate position 41 deg.54'55" N, 87 deg.33'20" W;
    (8) All waters of Lake Michigan around the Zion Nuclear Power Plant 
within a line starting from the shoreline in approximate position 
42 deg.26'36" N, 87 deg.48'03" W, thence southeast to 42 deg.26'20" N, 
87 deg.47'35" W, thence northeast to 42 deg.26'53" N, 87 deg.47'22" W, 
thence to the shoreline at 42 deg.27'06" N, 87 deg.48'00" W;
    (9) All waters of Lake Michigan within an arc of a circle with a 
100-yard radius centered on the 79th Street Water Filtration Plant, 
approximate position 41 deg.45'30" N, 87 deg.33'32" W.
    (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 Chicago. Section 165.33 also contains other general 
requirements.
    (2) The Captain of the Port Chicago will normally permit those U. 
S. Coast Guard certificated passenger vessels that normally load and 
unload passengers at Navy Pier to operate in the zone. However, should 
the Captain of the Port Chicago determine it is appropriate, he will 
require even those U. S. Coast Guard certificated passenger vessels 
that normally load and unload passengers at Navy Pier to request 
permission before leaving or entering the security zone. The Captain of 
the Port Chicago will notify these vessels via Broadcast Notice to 
Mariners if they must notify the Coast Guard before transiting the 
security zone. This rule will not obstruct the regular flow of traffic 
and will allow vessel traffic to pass around the security zone.
    (3) All persons and vessels shall comply with the instruction of 
the Captain of the Port Chicago or the designated on-scene U.S. Coast 
Guard patrol personnel. On-scene patrol personnel include commissioned, 
warrant, and petty officers of the U.S. Coast Guard on board Coast 
Guard, Coast Guard Auxiliary, local, state, and federal law enforcement 
vessels. Emergency response vessels are authorized to move within the 
zones.
    (4) Persons desiring to transit the area of these security zones 
may contact the Captain of the Port at telephone number (630) 986-2175 
or on VHF channel 16 (121.5 MHz) 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: March 25, 2002.
R.E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port, Chicago.
[FR Doc. 02-9939 Filed 4-22-02; 8:45 am]
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