[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Rules and Regulations]
[Pages 39848-39850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14555]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-130]
RIN 2115-AA97


Security Zone; Lake Erie, Perry, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; change in effective period.

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SUMMARY: The Coast Guard is revising the effective period for a 
temporary security zone in the Captain of the Port Cleveland zone 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: The revision of Sec. 165.T09-111(b) is effective June 11, 2002. 
Section 165.T09-111, added at 66 FR 52043, October 12, 2001, effective 
October 12, 2001, until June 15, 2002, is extended in effect through 
August 1, 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 CGD09-01-130 and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Cleveland, 1055 East Ninth 
Street, Cleveland, Ohio 44126 between 8 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:

Regulatory Information

    On October 12, 2001, we published a temporary final rule entitled 
Security Zone: Lake Erie, Perry, Ohio in the Federal Register (66 FR 
52043). The temporary final rule established a temporary security zone 
in the Captain of the Port Cleveland zone for the Perry Nuclear Power 
Plant. This security zone is necessary to protect this nuclear power 
plant from possible sabotage or other subversive acts, accidents, or 
possible acts of terrorism.
    We are extending the effective period of the temporary final rule 
so that we can complete a rulemaking CGD09-02-006 Security Zone; Lake 
Erie, Perry, OH (67 FR 36554, May 24, 2002) to establish a permanent 
security zone for Perry

[[Page 39849]]

Nuclear Power Plant. Extending the effective date until August 1, 2002 
should provide us enough time to complete the rulemaking.
    We did not publish a notice of proposed rulemaking (NPRM) for this 
rule and it is being made effective less than 30 days after publication 
in the Federal Register. When we promulgated the October 1, 2001 rule, 
we intended to either allow it to expire on June 15, 2002, or to cancel 
it if we made permanent changes before that date. We published an NPRM 
on May 24, 2001 to make permanent changes to the temporary final rule 
(67 FR 36554). That rulemaking will follow normal notice and comment 
procedures, and a final rule should be published before August 1, 2002. 
Continuing the temporary final rule in effect while the permanent 
rulemaking is in progress will help ensure the safety of critical 
infrastructure that may be the subject of subversive activity. Nuclear 
power plants are an important means of electrical energy in the region. 
In addition, they could be a source of severe radiological 
contamination throughout the region. Therefore, the Coast Guard finds 
good cause under 5 U.S.C. 553 (b)(B) and (d)(3) for why a notice of 
proposed rulemaking and opportunity for comment is not required and why 
this rule will be made effective fewer than 30 days after publication 
in the Federal Register.

Background and Purpose

    A temporary security zone is necessary to ensure the security of 
the Perry Nuclear Power Plant, as a result of the terrorist attacks on 
the United States on September 11, 2001. The security zone consists of 
all navigable waters of Lake Erie bound by a line drawn between the 
following coordinates beginning at 41 deg.48'6'' N, 081 deg.09'6'' W; 
due north to 41 deg.48'36'' N, 081 deg.09'6'' W; due east to 
41 deg.49'0'' N, 081 deg.07'54'' W; due south to the south shore of 
Lake Erie at 41 deg.48'36'' N, 081 deg.07'54'' W; thence westerly along 
south shore 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. The designated on-scene representative will be the 
Patrol Commander and may be contacted via VHF/FM Marine Channel 16.

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). This is a temporary rule and 
vessels will be able to transit around the security zone. In addition, 
vessels may request permission from the Captain of the Port to transit 
through the security zone.

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.
    For reasons stated in the Regulatory Evaluation, 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.

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 rule calls 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 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 rule will not result in such 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions

[[Page 39850]]

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

    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 Subject 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 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. In Sec. 165.T09-111, paragraph (b) is revised to read as 
follows:


Sec. 165.T09-111  Security Zone; Lake Erie, Perry, OH.

* * * * *
    (b) Effective time and date. This section is effective from October 
1, 2001, through August 1, 2002.
* * * * *

    Dated: May 31, 2002.
R.J. Perry,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 02-14555 Filed 6-10-02; 8:45 am]
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