[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Rules and Regulations]
[Pages 40858-40859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15131]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-138]
RIN 2115-AA97


Security Zone; Lake Michigan, Kewaunee Nuclear Power Plant

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 Milwaukee zone for 
the Kewaunee Nuclear Power Plant. This security zone is necessary to 
protect the Kewaunee 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 Michigan.

DATES: The amendment to Sec. 165.T09-109 (b) in this rule is effective 
on June 14, 2002. Section 165.T09-109, added at 66 FR 52038, October 
12, 2001, effective from September 28, 2001, through June 15, 2002, as 
amended in this rule, 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 CGD09-01-138 and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Milwaukee, 2420 South Lincoln 
Memorial Drive, Milwaukee, Wisconsin 53207 between 7 a.m. and 3:30 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marine Science Technician, Chief David 
McClintock, U.S. Coast Guard Marine Safety Office Milwaukee, 2420 South 
Lincoln Memorial Drive, Milwaukee, Wisconsin 53402. The telephone 
number is (414) 747-7155.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On October 12, 2001, we published a temporary final rule entitled 
``Security Zone: Lake Michigan, Kewaunee Nuclear Power Plant, WI'' in 
the Federal Register (66 FR 52036). The temporary final rule 
established a temporary security zone in the Captain of the Port 
Milwaukee zone for the Kewaunee 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 entitled ``Security Zone; Captain 
of the Port Milwaukee Zone, Lake Michigan'' (docket number CGD09-02-
007; 67 FR 19142, April 18, 2002) to establish a permanent security 
zone for Kewaunee Nuclear Power Plant. Extending the effective date 
until August 1, 2002 will provide enough time to complete the entire 
public notice and comment rulemaking prior to establishing permanent 
security zones in place of the temporary security zones.
    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 September 28th, 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 April 18, 2002 to propose permanent security zones for this 
and another power plant (67 FR 19142). 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 Kewaunee nuclear power plant, as a result of the terrorist attacks 
on the United States on 11 September 2001. The security zone consists 
of all navigable waters of Western Lake Michigan commencing from a 
point on the shoreline at 44 deg.20.85' N, 087 deg.32.1' W; then 
easterly to 44 deg.20.85' N, 087 deg.31.4' W; then southerly to 
44 deg.20.35' N, 087 deg.31.4' W; then westerly to 44 deg.20.35' N, 
087 deg.32.1' W; then northerly following the shoreline to the point of 
origin. 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 Milwaukee 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).

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

[[Page 40859]]

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.

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 Milwaukee 
(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 
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 record 
keeping 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.T09-109, paragraph (b) is revised to read as 
follows:


Sec. 165.T09-109  Security Zone; Lake Michigan, Kewaunee, WI.

* * * * *
    (b) Effective time and date. This section is effective from 
September 28, 2001, through August 1, 2002.
* * * * *

    Dated: June 6, 2002.
M.R. DeVries,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 02-15131 Filed 6-12-02; 12:40 pm]
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