[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Proposed Rules]
[Pages 35939-35942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12734]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-001]
RIN 2115-AA97


Security Zones; Captain of the Port Chicago 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 the Des Plaines River, 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, 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 Des Plaines River, Rock River, and Lake Michigan.

DATES: Comments and related material must reach the Coast Guard on or 
before June 21, 2002.

ADDRESSES: You may mail comments and related material to U.S. Coast 
Guard Marine Safety Office Chicago, 215 W. 83rd Street, Burr Ridge, IL 
60521. Marine Safety Office Chicago 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 Chicago between 7:30 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Al Echols, U.S.

[[Page 35940]]

Coast Guard Marine Safety Office Chicago, (630) 986-2175.

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-
001), 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 Chicago 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.
    We propose to establish 10 permanent security zones for the 
following facilities: (1) Jardine Water Filtration Plant; (2) Navy 
Pier; (3) Dresden Nuclear Power Plant Water Intake; (4) Donald C. Cook 
Nuclear Power Plant; (5) Palisades Nuclear Power Plant; (6) Byron 
Nuclear Power Plant; (7) Zion Nuclear Power Plant; (8) 68th Street 
Water Intake Crib; (9) Dever Water Intake Crib; and (10) 79th Street 
Water Filtration Plant.
    These proposed 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. 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.

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 from future strikes against public and governmental 
targets. The security zones protecting the greater Chicago area water 
intake systems (Jardine and 79th Street water filtration plants, and 
the Dever and 68th Street water intake cribs) are necessary to protect 
the drinking water supply for Chicago and its suburbs. This system is 
the sole source of drinking water for more than 5 million people. 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 December 17, 2001, the Coast Guard issued a temporary rule 
establishing a security zone around the Navy Pier (66 FR 66749, 
December 27, 2001). In addition, on March 25, 2002,we issued a 
temporary rule establishing nine security zones in or near Lake 
Michigan (67 FR 19676, April 23, 2002).

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, l979).
    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.

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.
    Recreational boaters in portions of the Des Plaines River will be 
impacted, however recreational traffic in those areas is historically 
quite low. Commercial river traffic, expected to consist of towing 
vessels and barges transiting through the security zones, will be 
unimpeded.
    The Captain of the Port Chicago will permit those U. S. Coast Guard 
certificated passenger vessels that regularly, and as part of their 
normal route, 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 which normally load and unload passengers at 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 proposed 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

[[Page 35941]]

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 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 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.

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.lD, 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.

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.


 165.T09-002  [Removed]

    2. Remove  165.T09-002.
    3. Add  165.908 to read as follows:


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

    (a) Security zones. The following areas, defined by coordinates 
based upon North American Datum 1983, are security zones:
    (1) Jardine Water Filtration Plant.
    (i) Location. All waters between the Navy Pier and the Jardine 
Water Filtration Plant shoreward of a line drawn from the southeast 
corner of the Jardine Water Filtration Plant at 41x 53' 36'' N, 87x 36' 
10'' W, to the northeast corner of the Navy Pier at 41x 53' 32'' N, 87x 
35' 55'' W.
    (ii) Regulations. 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 which normally load and unload passengers at 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 
entering or transiting the security zone. As such, vessels who 
regularly operate within this zone are responsible for monitoring 
Broadcasts Notice to Mariners for the Chicago area. These broadcasts 
will be made by U.S. Coast Group Milwaukee.
    (2) Navy Pier Southside.
    (i) Location. All waters encompassed by a line commencing at the 
southeast corner of the Navy Pier at 41x 53' 29'' N, 87x 35' 55'' W, 
then continuing southwesterly to the eastern end of Dime Pier at 41x 
53' 23'' N, 87x 35' 58'', then westerly along Dime Pier and continuing 
westerly until the northsouth pier face at 41x 53' 23'' N, 87x 36' 35'' 
W; then north to Navy Pier and east along Navy Pier continuing back to 
the point of orgin.
    (ii) Regulations. The Captain of the Port Chicago will 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 
which normally load and unload

[[Page 35942]]

passengers at 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. As such, 
vessels who regularly operate within this zone are responsible for 
monitoring Broadcasts Notice to Mariners for the Chicago area. These 
broadcasts will be made by U.S. Coast Group Milwaukee.
    (3) Dresden Nuclear Power Plant. All waters of the Illinois River 
in the vicinity of Dresden Nuclear Power Plant encompassed by a line 
starting on the shoreline at 41x 23' 45'' N, 88x 16' 18'' W; then east 
to the shoreline at 41x 23' 39'' N, 88x 16' 09'' W; then following 
along the shoreline back to the beginning.
    (4) Donald C. Cook Nuclear Power Plant. All waters of Lake Michigan 
around the Donald C. Cook Nuclear Power Plant encompassed by a line 
starting on the shoreline at 41x 58.656' N, 86x 33.972' W; then 
northwest to 41x 58.769' N, 86x 34.525' W; then southwest to 41x 
58.589' N, 86x 34.591' W; then southeast to the shoreline at 41x 
58.476' N, 86x 34.038' W; and following along the shoreline back to the 
beginning.
    (5) Palisades Nuclear Power Plant. All waters of Lake Michigan 
around the Palisades Nuclear Power Plant within a line starting on the 
shoreline at 42x 19' 02'' N, 86x 19' 05'' W; then northwest to 42x 19' 
43'' N, 86x 19' 52'' W; then north to 42x 20' 10'' N, 86x 20' 01'' W; 
then southeast back to the shoreline at 42x 19' 26'' N, 86x 18' 55'' W; 
then following along the shoreline back to the beginning.
    (6) Byron Nuclear Power Plant. All waters of the Rock River 
encompassed by the arc of a circle with a 100-yard radius with its 
center in approximate position 42x 05' 01''N, 89x 19' 27''W.
    (7) Zion Nuclear Power Plant. All waters of Lake Michigan 
encompassed by a line starting on the shoreline at 42x 26' 36'' N, 87x 
48' 03'' W; then southeast to 42x 26' 20'' N, 87x 47' 35'' W; then 
northeast to 42x 26' 53'' N, 87x 47' 22'' W; then northwest to the 
shoreline at 42x 27' 06'' N, 87x 48' 00'' W; then following along the 
shoreline back to the beginning.
    (8) 68th Street Water Intake Crib. All waters of Lake Michigan 
within the arc of a circle with a 100-yard radius of the 68th Street 
Crib with its center in approximate position 41x 47' 10'' N, 87x 31' 
51'' W.
    (9) Dever Water Intake Crib. All waters of Lake Michigan within the 
arc of a circle with a 100-yard radius of the Dever Crib with its 
center in approximate position 41x 54' 55'' N, 87x 33' 20'' W.
    (10) 79th Street Water Intake Crib. All waters of Lake Michigan 
within the arc of a circle with a 100-yard radius of the 79th Street 
Water Filtration Plant with its center in the approximate position 41x 
45' 30'' N, 87x 32' 32'' W.
    (b) Regulations.
    (1) Under  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) 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 
zone but must abide by the restrictions imposed by the Captain of the 
Port.
    (3) Persons who would like to transit through a security zone in 
this section must 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: May 13, 2002.
R.E. Seebald,
Captain, U.S. Coast Guard, Captain of the Port, Chicago.
[FR Doc. 02-12734 Filed 5-21-02; 8:45 am]
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