[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Rules and Regulations]
[Pages 40613-40615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14965]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP St. Louis-02-001]
RIN 2115-AA97


Security Zone; Missouri River, Mile Marker 646.0 to 645.6, Fort 
Calhoun, NE

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is amending the temporary final rule for the 
security zone at the Fort Calhoun Nuclear Power Plant published March 
7, 2002, to permit deeper draft vessels that must use the navigable 
channel to safely navigate the river, to transit through the security 
zone. We are also extending the effective period of this established 
security zone until October 15, 2002, to allow adequate time for a 
proposed permanent rule to be developed through informal rulemaking. 
This temporary rule will continue to prohibit entry of persons and 
vessels into this security zone except as authorized by this section or 
by the Captain of the Port St. Louis.

DATES: The amendments to Sec. 165.T08-001 are effective on June 13, 
2002. Section 165.T08-001, added at 67 FR 10327, March 7, 2002, 
effective from 12 p.m. January 7, 2002, through 8 a.m. June 15, 2002 is 
extended and will remain in effect through 8 a.m. on October 15, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP St. Louis -02-001] and are 
available for inspection or copying at Marine Safety Office St. Louis, 
1222 Spruce St., Rm. 8.104E, St. Louis, Missouri 63103-2835, between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (LT) David Webb, Marine 
Safety Detachment Quad Cities, Rock Island, IL at (309) 782-0627.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On March 7, 2002, we published a temporary final rule entitled 
``Security Zone; Missouri River, Mile Marker 646.0 to 645.6, Fort 
Calhoun, NE'' in the Federal Register (67 FR 10325). The effective 
period for this rule was from January 7, 2002 until June 15, 2002.
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The original temporary final 
rule was immediately required to respond to the security concerns 
associated with nuclear power plant facilities. It was anticipated that 
we would assess the security environment at the end of the effective 
period to determine whether continuing security measures were required.
    We have determined that the need for a continued security zone 
regulation exists. The Coast Guard will, during the effective period of 
this temporary final rule, complete notice and comment rulemaking for 
permanent regulations tailored to the present and foreseeable security 
environment.
    Under 5 U.S.C. 553(d)(3), good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register. 
This extension preserves the status quo for many vessels and is less 
restrictive for vessels that can only safely navigate within the 
navigable channel. While there is no indication that the present 
temporary final rule has been burdensome on the public it is being 
amended to reflect changes made in the notice of proposed rulemaking to 
make this a permanent security zone. Delaying the effective date of the 
rule would be contrary to public interest since action is needed to 
continue to respond to existing security risks.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center and 
the

[[Page 40614]]

Pentagon were attacked by terrorists. National security and 
intelligence officials have warned that future terrorist attacks 
against civilian targets may be anticipated.
    In response to these terrorist acts and warnings, heightened 
awareness for the security and safety of all vessels, ports, and 
harbors is necessary. Due to the increased safety and security concerns 
surrounding nuclear power plants, the Captain of the Port, St. Louis 
established a temporary security zone around the Fort Calhoun Nuclear 
Power Plant in Fort Calhoun, Nebraska.
    This zone includes all water extending 75 feet from the shoreline 
of the right descending bank on the Missouri River, beginning at mile 
marker 646.0 and ending at mile marker 645.6. This security zone 
contains 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 are 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.
    The temporary security zone was to expire on June 15, 2002. In 
order to provide continuous protection while a permanent zone is being 
promulgated through notice and comment rulemaking, the Coast Guard is 
extending the effective date of this zone until October 15, 2002.

Regulatory Evaluation

    This 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 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).
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full regulatory evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary. The impacts 
on routine navigation are expected to be minimal as the zone allows 
deeper draft vessels to continue their transit, provided that they 
remain within the channel. Vessels that must transit through the 
security zone who are not required to transit the navigable channel or 
who wish to transit outside of the channel 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 
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.
    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 for the reasons enumerated under the Regulatory Evaluation 
above. If you are a small business entity and are significantly 
affected by this regulation please contact LT Dave Webb, U.S. Coast 
Guard Marine Safety Detachment Quad Cities, Rock Island Arsenal Bldg 
218, Rock Island, IL 61299-0627 at (309) 782-0627.

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.
    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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 Effect

    We have analyzed this 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

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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 rule and 
concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available 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 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. Revise temporary Sec. 165.T08-001 paragraphs (b) and (d) to read 
as follows:


Sec. 165.T08-001  Security Zone; Missouri River, Mile Marker 646.0 to 
645.6, Fort Calhoun, Nebraska.

* * * * *
    (b) Effective dates. This section is effective from 12 p.m. on 
January 7, 2002 through 8 a.m. on October 15, 2002.
* * * * *
    (d) Regulations. (1) Entry into this security zone by persons or 
vessels is prohibited unless authorized by the Coast Guard Captain of 
the Port St. Louis or his designated representative.
    (2) All vessels that can 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. Deeper draft 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) Vessels or persons requiring permission to enter into the 
security zone must contact the Captain of the Port, St. Louis at 
telephone number (314) 406-4629 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.

    Dated: June 7, 2002.
E.A. Washburn,
Commander, U.S. Coast Guard, Captain of the Port St. Louis.
[FR Doc. 02-14965 Filed 6-12-02; 8:45 am]
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