[Federal Register Volume 67, Number 101 (Friday, May 24, 2002)]
[Proposed Rules]
[Pages 36554-36556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13137]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-006]
RIN 2115-AA97


Security Zone; Lake Erie, Perry, Ohio

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent security 
zone on the navigable waters of Lake Erie in the Captain of the Port 
Zone Cleveland for the Perry Nuclear Power Plant. This security zone is 
necessary to protect the Perry Nuclear Power Plant from possible 
sabotage or other subversive acts, accidents, or possible acts of 
terrorism. This security zone is intended to restrict vessel traffic 
from a portion of Lake Erie.

DATES: Comments and related material must reach the Coast Guard on or 
before June 24, 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 CGD09-02-006 and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Cleveland, 1055 East Ninth 
Street, Cleveland, Ohio 44126 between 7 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Allen Turner, 
U.S. Coast Guard Marine Safety Office Cleveland, at telephone number 
(216) 937-0111.

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-
006), 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 submit 
comments and related materials, 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. You may mail comments and related 
material to U.S. Coast Guard Marine Safety Office Cleveland, 1155 East 
9th Street, Cleveland, OH 44115. Marine Safety Office Cleveland 
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 Cleveland between 7 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

Background and Purpose

    On September 11, 2001, the United States was the target of 
coordinated attacks by international terrorists

[[Page 36555]]

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 proposes to establish a permanent security zone 
for the Perry Nuclear Power Plant. The security zone consists of all 
navigable waters of Lake Erie bound by a line drawn between the 
following coordinates: beginning at 41[deg]48.187' N, 081[deg]08.818' 
W; due north to 41[deg]48.7' N, 081[deg]08.818' W; due east to 
41[deg]48.7' N, 081[deg]08.455' W; due south to the south shore of Lake 
Erie at 41[deg]48.231' N, 081[deg]08.455' W; thence westerly following 
the shoreline back to the beginning. 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 Cleveland or his designated on-scene 
representative.

Discussion of Proposed Rule

    Following the catastrophic nature and extent of damage realized 
from the attacks of September 11, this proposed rulemaking is necessary 
to protect the national security interests of the United States against 
potential future attacks.
    On October 12, 2001 we published a temporary final rule 
establishing a security zone on the waters around Perry Nuclear Power 
Plant (66 FR 52043). The current rulemaking proposes to establish a 
permanent security zone in place of that temporary security zone. The 
size of the zone currently being proposed, however, is smaller than 
that of the original temporary security zone.

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).

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.
    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 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 Cleveland 
(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 proposed rule would call 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 proposed 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 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

[[Page 36556]]

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 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.


[sect] 165.T09-111  [Removed]

    2. Remove [sect] 165.T09-111.
    3. Add [sect] 165.912 to read as follows:


[sect] 165.912  Security Zone; Lake Erie, Perry, OH.

    (a) Location: The following area is a security zone: all navigable 
waters of Lake Erie bounded by a line drawn between the following 
coordinates beginning at 41[deg]48.187[min] N, 081[deg]08.818[min] W; 
then due north to 41[deg]48.7[min] N, 081[deg]08.818[min] W; then due 
east to 41[deg]48.7[min] N, 081[deg]08.455[min] W; then due south to 
the south shore of Lake Erie at 41[deg]48.231[min] N, 
081[deg]08.455[min] W; thence westerly following the shoreline back to 
the beginning (NAD 83).
    (b) Regulations. In accordance with the general regulations in 
[sect] 165.33 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Cleveland, or the 
designated on-scene 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 20, 2002.
R.J. Perry,
Commander, U.S. Coast Guard, Captain of the Port, MSO Cleveland.
[FR Doc. 02-13137 Filed 5-23-02; 8:45 am]
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