[Federal Register Volume 67, Number 112 (Tuesday, June 11, 2002)]
[Proposed Rules]
[Pages 39922-39924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14556]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP St. Louis-02-005]
RIN 2115-AA97


Security Zones; Captain of the Port St. Louis, MO

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish five security zones 
throughout the Captain of the Port St. Louis Zone. These security zones 
are needed to protect the Fort Calhoun Nuclear Power Station in Fort 
Calhoun, Nebraska, the Cooper Nuclear Station in Brownville, Nebraska, 
the Quad Cities Generating Station in Cordova, Illinois, the Prairie 
Island Nuclear Generating Facility in Welch, Minnesota, and the Clinton 
Power Station in Clinton, Illinois from subversive actions by any group 
or groups of individuals whose objective it is to cause disruption to 
the daily operations of these facilities. Entry into any of these 
security zones is prohibited unless authorized by the Captain of the 
Port St. Louis or his designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before August 12, 2002.

ADDRESSES: You may mail comments and related material to: Commanding 
Officer, USCG Marine Safety Office St. Louis, Suite 8.104E, 1222 Spruce 
St., St. Louis, MO 63103-2835. Marine Safety Office St. Louis 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 St. 
Louis, Suite 8.104E, 1222 Spruce St., St. Louis, MO between 8 a.m. and 
4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) Bill 
Clark, Marine Safety Office St. Louis at (314) 539-3091, ext. 541.

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 [COTP St. 
Louis-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 that your submission 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 Marine Safety Office St. Louis 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 separate notice in the Federal Register.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center and 
the Pentagon were attacked by terrorists. National security and 
intelligence officials have warned that future terrorist attacks 
against civilian targets are anticipated. In response to these 
terrorist acts and warnings, heightened awareness and security of our 
ports and harbors is necessary. The Captain of the Port St. Louis is 
proposing to make three existing temporary security zones permanent and 
create two additional permanent security zones.
    The three temporary security zones the Captain of the Port St. 
Louis proposes to make permanent are: the Fort Calhoun Nuclear Power 
Station zone on the Missouri River in Fort Calhoun, Nebraska, published 
in the Federal Register March 7, 2002 (67 FR 10325); the Cooper Nuclear 
Station zone on the Missouri River in Brownville, Nebraska, published 
March 7, 2002 (67 FR 10324); and the Quad Cities Generating Station 
zone on the Mississippi River in Cordova, Illinois, published February 
28, 2002 (67 FR 9207).
    The proposed rule would establish two new security zones for the 
Prairie Island Nuclear Generating Station in Welch, Minnesota and the 
Clinton Power Station in Clinton, Illinois.

Discussion of Proposed Rule

    Permanent security zones are proposed for five locations within the 
Captain of the Port St. Louis Zone.
    (1) Fort Calhoun Nuclear Power Station, Fort Calhoun, Nebraska. 
This proposed zone includes all water extending 75 feet from the 
shoreline of the right descending bank on the Missouri River, beginning 
at mile marker 645.6 and ending at mile marker 646.0.
    (2) Cooper Nuclear Station, Brownville, Nebraska. This proposed 
zone includes all water extending 250 feet from the shoreline of the 
right descending bank on the Missouri River, beginning at mile marker 
532.5 and ending at mile marker 532.9.
    (3) Quad Cities Generating Station, Cordova, Illinois. This 
proposed zone includes all water extending 300 feet from the shoreline 
of the left descending bank on the Upper Mississippi River, beginning 
at mile marker 506.3 and ending at mile marker 507.3.
    (4) Prairie Island Nuclear Generating Facility, Welch, Minnesota. 
This proposed zone includes all water extending 300 feet from the 
shoreline of the right descending bank on the Upper Mississippi River, 
beginning at mile marker 798.0 and ending at mile marker 798.3.
    (5) Clinton Power Station, Clinton, Illinois. This proposed zone in 
Dewitt County in East Central Illinois is bounded by a dam constructed 
near the confluence of Salt Creek River mile 56 and the north fork of 
Salt Creek. The zone extends out 600 feet from shore.

[[Page 39923]]

Boundaries of the zone will begin at 40 deg.10'30'' N, 88 deg.50'30'' 
W; east to 40 deg.10'30'' N, 88 deg.49'55'' W; south to 40 deg.10'15'' 
N, 88 deg.49'55'' W; west to 40 deg.10'15'' N, 88 deg.50'30'' W; 
returning north to the origin. These coordinates are based upon [NAD 
83].
    These security zones are designed to reduce the potential of a 
waterborne attack and enhance the public health and safety by 
protecting the public, facilities, and surrounding areas from possible 
subversive actions or acts of terrorism. All vessels would be 
prohibited from entering the Prairie Island, Quad Cities and Clinton 
security zones unless expressly authorized by the Captain of the Port 
St. Louis or his designated representative. Sight surveys indicate that 
vessels may safely navigate around these zones with minimal 
interference.
    Both the Fort Calhoun and the Cooper security zones contain a 
portion of the navigable channel of the Missouri River. All vessels 
that may safely navigate outside of the channel are prohibited from 
entering the security zone without the express permission of the 
Captain of the Port St. Louis or his designated representative. Vessels 
requiring use of the channel for safe navigation will be authorized 
entry into the zone but must remain within the channel unless otherwise 
expressly authorized by the Captain of the Port St. Louis or his 
designated representative.

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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    With the exception of the Fort Calhoun and Cooper zones the 
proposed zones do not include navigable channels. Vessel traffic should 
be able to safely transit around these zones. The proposed zones for 
Fort Calhoun Nuclear Power Station and the Cooper Nuclear Station allow 
deeper draft vessels to continue their transit, provided that they 
remain within the channel. Vessels that must transit through any of 
these security zones may seek permission from the Captain of the Port 
St. Louis or his designated representative.

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 for the reasons enumerated under the 
Regulatory Evaluation above.
    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 them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LTJG Bill Clark, 
Marine Safety Office St. Louis at (314) 539-3091, ext 541.

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 
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.

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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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

[[Page 39924]]

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.lD, this rule is categorically excluded from further 
environmental documentation because this rule is not expected to result 
in any significant environmental impact as described in the National 
Environmental Policy Act of 1969 (NEPA). A ``Categorical Exclusion 
Determination'' is available in the docket where indicated under 
ADDRESSES.

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 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.

    2. Add Sec. 165.825 to read as follows:


Sec. 165.825  Security Zones; Captain of the Port St. Louis, Missouri.

    (a) Location. The following areas are designated as security zones:
    (1) Fort Calhoun Nuclear Power Station Security Zone, Fort Calhoun, 
Nebraska--all waters of the Missouri River, extending 75 feet from the 
shoreline of the right descending bank beginning at mile marker 645.6 
and ending at mile marker 646.0.
    (2) Cooper Nuclear Station Security Zone, Brownville, Nebraska--all 
waters of the Missouri River, extending 250 feet from the shoreline of 
the right descending bank beginning at mile marker 532.5 and ending at 
mile marker 532.9.
    (3) Quad Cities Generating Station Security Zone, Cordova, 
Illinois--all waters of the Upper Mississippi River, extending 300 feet 
from the shoreline of the left descending bank beginning at mile marker 
506.3 and ending at mile marker 507.3.
    (4) Prairie Island Nuclear Generating Facility Security Zone, 
Welch, Minnesota--all waters of the Upper Mississippi River, extending 
300 feet from the shoreline of the right descending bank beginning at 
mile marker 798.0 and ending at mile marker 798.3.
    (5) Clinton Power Station Security Zone, Clinton, Illinois--all 
waters of Lake Clinton in Dewitt County in East Central Illinois 
bounded by a dam constructed near the confluence of Salt Creek River 
mile 56 and the north fork of Salt Creek. The zone extends out 600 feet 
from shore. Boundaries of the zone will begin at 40 deg.10'30'' N, 
88 deg.50'30'' W; thence east to 40 deg.10'30'' N, 88 deg.49'55'' W; 
thence south to 40 deg.10'15'' N, 88 deg.49'55'' W; thence west to 
40 deg.10'15'' N, 88 deg.50'30'' W; thence returning north to the 
origin. These coordinates are based upon [NAD 83].
    (b) Regulations. (1) Entry into these security zones is prohibited 
unless authorized by the Coast Guard Captain of the Port, St. Louis or 
his designated representative.
    (2) The Fort Calhoun and Cooper security zones include a portion of 
the navigable channel of the Missouri River. All vessels that may 
safely navigate outside of the channel are prohibited from entering the 
security zone without the express permission of the Captain of the Port 
St. Louis or his designated representative. Vessels that are required 
to use the channel for safe navigation are authorized entry into the 
zone but must remain within the channel unless expressly authorized by 
the Captain of the Port St. Louis or his designated representative.
    (3) Persons or vessels requiring entry into the security zones must 
contact the Captain of the Port, St. Louis at telephone number 314 539-
3091, ext. 541 or Marine Safety Detachment Quad Cities at telephone 
number 309 782-0627 or Coast Guard Group Upper Mississippi River at 
telephone number 319 524-7511 or on VHF marine channel 16 in order to 
seek permission to enter the security zones. If permission is granted, 
all persons and vessels must comply with the instructions of the 
Captain of the Port, St. Louis or his designated representative.
    (4) Designated representatives are commissioned, warrant, and petty 
officers of the U.S. Coast Guard.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.

    Dated: May 29, 2002.
E.A. Washburn,
Commander, U.S. Coast Guard, Captain of the Port, St. Louis.
[FR Doc. 02-14556 Filed 6-10-02; 8:45 am]
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