[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Proposed Rules]
[Pages 37748-37750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13515]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-005]
RIN 2115-AA97


Security Zones; Captain of the Port Buffalo Zone

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish four permanent security 
zones on the navigable waters of Lake Ontario and the St. Lawrence 
River in the Captain of the Port Buffalo Zone. These security zones are 
necessary to protect nuclear power plants and the St. Lawrence Seaway 
system from possible acts of terrorism. These security zones are 
intended to restrict vessel traffic from a portion of the St. Lawrence 
River and Lake Ontario.

DATES: Comments and related material must reach the Coast Guard on or 
before July 1, 2002.

ADDRESSES: You may mail comments to U.S. Coast Guard Marine Safety 
Office Buffalo, 1 Fuhrmann Blvd, Buffalo, New York 14203. The telephone 
number is (716) 843-9570. Marine Safety Office Buffalo maintains the 
public docket for this rulemaking. Comments and materials 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 between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: LCDR David Flaherty, U.S. Coast Guard 
Marine Safety Office Buffalo, at (716) 843-9574.

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-
005), 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

[[Page 37749]]

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 Buffalo 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.
    This proposed rule would establish four permanent security zones: 
(1) Nine Mile Point and Fitzpatrick Nuclear Power Plants; (2) Moses-
Saunders Power Dam; (3) Long Sault Spillway Dam; and (4) Ginna 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 Buffalo, or his designated representative, would be 
prohibited from entering or moving within this zone. The Captain of the 
Port Buffalo, or his on scene representative, may be contacted via VHF 
Channel 16 for further instructions before transiting through the 
restricted area. In addition to publication in the Federal Register, 
the public will be made aware of the existence of these security zones, 
exact locations, and the restrictions involved via Local Notice to 
Mariners and Broadcast Notice to Mariners.

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 
future attacks.
    On September 27, 2001, we published several temporary final rules 
establishing the following security zones: on the waters of Lake 
Ontario around Nine Mile Point and Fitzpatrick Nuclear Power Plants (66 
FR 49285); on the waters of the St. Lawrence River around the Moses-
Saunders Power Dam (66 FR 49288); and on the waters of Lake Ontario 
around Ginna Nuclear Power Plant (66 FR 49284).
    This current rulemaking proposes to establish permanent security 
zones that are smaller in size in place of those temporary security 
zones already established for the Moses-Saunders Power Dam and the 
Ginna Nuclear Power Plant.
    This proposed rule would establish an additional security zone on 
the St. Lawerence River around the Long Sault Spillway Dam. Currently, 
a security zone is not in place surrounding the spillway.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 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 exempted it from 
review 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 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.
    The proposed security zones will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This proposed rule would not obstruct the regular flow of 
commercial traffic and would allow vessel traffic to pass around the 
security zones.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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.

[[Page 37750]]

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, therefore it does not require a Statement of Energy Effects 
under Executive Order 13211.

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. 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.


[sect] 165.T09-999  [Removed]

    2. Remove [sect] 165.T09-999.


[sect] 165.T09-101  [Removed]

    3. Remove [sect] 165.T09-101.


[sect] 165.T09-103  [Removed]

    4. Remove [sect] 165.T09-103.
    5. Add [sect] 165.911 to read as follows:


[sect] 165.911  Security Zones; Captain of the Port Buffalo Zone.

    (a) Location. The following are security zones:
    (1) Nine Mile Point and Fitzpatrick Nuclear Power Plants. The 
waters of Lake Ontario bounded by the following area, starting at 
43[deg]30.8[min] N, 076[deg]25.7[min] W; then north to 43[deg]31.2[min] 
N, 076[deg]25.7[min] W; then east-northeast to 43[deg]31.6[min] N, 
076[deg]24.9[min] W; then east to 43[deg]31.8[min] N, 076[deg]23.2[min] 
W; then south to 43[deg]31.5[min] N, 076[deg]23.2[min] W; and then 
following the shoreline back to the point of origin (NAD 83).
    (2) Ginna Nuclear Power Plant. The waters of Lake Ontario bounded 
by the following area, starting at 43[deg]16.9[min] N, 
077[deg]18.9[min] W; then north to 43[deg]17.3[min] N, 
077[deg]18.9[min] W; then east to 43[deg]17.3[min] N, 077[deg]18.3[min] 
W; then south to 43[deg]16.7[min] N, 077[deg]18.3[min] W; then 
following the shoreline back to starting point (NAD 83).
    (3) Moses-Saunders Power Dam. The waters of the St. Lawrence River 
bounded by the following area, starting at 45[deg]00.73[min] N, 
074[deg]47.85[min] W; southeast following the international border to 
45[deg]00.25[min] N, 074[deg]47.56[min] W; then southwest to 
45[deg]00.16[min] N, 074[deg]47.76[min] W; then east to the shoreline 
at 45[deg]00.16[min] N, 074[deg]47.93[min] W; then northwest to 
45[deg]00.36[min] N, 074[deg]48.16[min] W; then northeast back to the 
starting point (NAD 83).
    (4) Long Sault Spillway Dam. The waters of the St. Lawrence River 
bounded by the following area, starting at 44[deg]59.5[min] N, 
074[deg]52.0[min] W; north to 45[deg]00.0[min] N, 074[deg]52.0[min] W; 
east to 45[deg]00.0[min] N, 074[deg]51.6[min] W, then south to 
44[deg]59.5[min] N, 074[deg]51.6[min] W; then west back to the starting 
point (NAD 83).
    (b) Regulations. (1) In accordance with [sect] 165.33, entry into 
these zones is prohibited unless authorized by the Coast Guard Captain 
of the Port Buffalo.
    (2) Persons desiring to transit the area of the Nine Mile Point and 
Fitzpatrick Nuclear Power Plants or Ginna Nuclear Power Plant security 
zones must contact the Captain of the Port Buffalo at telephone number 
(716) 843-9570, or on VHF/FM channel 16 to seek permission to transit 
the area. Persons desiring to transit the area of the Moses-Saunders 
Power Dam or Long Sault Spillway Dam security zones must contact the 
Supervisor, Marine Safety Detachment Massena at telephone number (315) 
764-3284, 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: May 17, 2002.
S.D. Hardy,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 02-13515 Filed 5-29-02; 8:45 am]
BILLING CODE 4910-15-P