[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Rules and Regulations]
[Pages 40611-40613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14966]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP St. Louis-02-003]
RIN 2115-AA97


Security Zone; Upper Mississippi River, Mile Marker 507.3 to 
506.3, Left Descending Bank, Cordova, IL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is extending the effective period of the 
security zone at the Quad Cities Nuclear Power Plant, published 
February 28, 2002. We are 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 the 
Captain of the Port St. Louis.

DATES: The revision of Sec. 165.T08-003 (b) is effective June 13, 2002. 
Section 165.T08-003, added at 67 FR 9208, February 28, 2002, effective 
from 8 a.m. January 14, 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 -02-003] 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:

[[Page 40612]]

Regulatory Information

    On February 28, 2002, we published a temporary final rule entitled 
``Security Zone; Upper Mississippi River, Mile Marker 507.3 to 506.3, 
Left Descending Bank, Cordova, IL'' in the Federal Register (67 FR 
9207). The effective period for this rule was from February 28, 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 of the original security zone. 
There is no indication that the present temporary final rule has been 
burdensome on the public. 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 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 Quad Cities Nuclear 
Power Plant in Cordova, Illinois.
    This zone includes all water extending 300 feet from the shoreline 
of the left descending bank on the Upper Mississippi River, beginning 
at mile marker 507.3 and ending at mile marker 506.3. All persons and 
vessels are prohibited from entering the security zone without the 
express permission of 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 does not 
include any portion of the navigable channel. Vessel traffic should be 
able to safely transit around this zone. Vessels that must transit 
through the security zone 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

[[Page 40613]]

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 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.T08-003 paragraph (b) to read as 
follows:


Sec. 165.T08-003  Security Zone; Upper Mississippi River, Mile Marker 
507.3 to 506.3, Left Descending Bank, Cordova, IL.

* * * * *
    (b) Effective dates. This section is effective from 8 a.m. on 
January 14, 2002 through 8 a.m. on October 15, 2002.
* * * * *

    Dated: June 7, 2002.
E.A. Washburn,
Commander, U.S. Coast Guard, Captain of the Port St. Louis.
[FR Doc. 02-14966 Filed 6-12-02; 8:45 am]
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