[Federal Register Volume 67, Number 156 (Tuesday, August 13, 2002)]
[Rules and Regulations]
[Pages 52606-52607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20479]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-506]
RIN 2115-AA97


Security Zone: Lake Erie, Perry, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective from 10 a.m. August 1, 2002 until 10 a.m. 
October 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 CGD09-02-506 and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Cleveland, 1055 East Ninth 
Street, Cleveland, Ohio 44114 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 (216) 937-0111.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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, and, 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. Following the catastrophic 
nature and extent of damage realized from the aircraft flown into the 
World Trade Center towers, this rulemaking is urgently necessary to 
protect the national security interests of the United States against 
future potential terrorists strikes against public and governmental 
targets. A similar attack was conducted against the Pentagon on the 
same day. National security and intelligence officials warn that future 
terrorist attacks against civilian targets may be anticipated. 
Publication of a notice of proposed rulemaking and delay of effective 
date would be contrary to the public interest because immediate action 
is necessary to protect against the possible loss of life, injury, or 
damage to property.
    On May 24, 2002 we published a notice of proposed rulemaking (NPRM) 
(67 FR 36554) giving the public the chance to comment on our proposal 
to make permanent a security zone adjacent to the Perry nuclear power 
plant. We anticipate this temporary final rule will shortly be removed 
by a final rule which will respond to any public comment received 
during the comment period for the NPRM.

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 11 September 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. 48.187' N, 081 deg. 08.818' 
W; due north to 41 deg. 48.7' N, 081 deg. 08.818' W; due east to 
41 deg. 48.7' N, 081 deg. 08.455' W; due south to the south shore of 
Lake Erie at 41 deg. 48.231' N, 081 deg. 08.455' W; thence westerly 
following the shoreline 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).

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.
    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

[[Page 52607]]

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, and 160.5; 49 CFR 1.46.


    2. Add Sec. 165.T09-506 to read as follows:


Sec. 165.T09-506  Security Zone; Lake Erie, Perry, OH.

    (a) Location: The following area is a temporary security zone: all 
navigable waters of Lake Erie bound by a line drawn between the 
following coordinates beginning at 41 deg. 48.187' N, 081 deg. 08.818' 
W; due north to 41 deg. 48.7' N, 081 deg. 08.818' W; due east to 
41 deg. 48.7' N, 081 deg. 08.455' W; due south to the south shore of 
Lake Erie at 41 deg. 48.231' N, 081 deg. 08.455' W; thence westerly 
following the shoreline back to the beginning.
    (b) Effective time and date. This section is effective from 10 a.m. 
August 1, 2002 until 10 a.m. October 1, 2002.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port Cleveland, or the 
designated on-scene representative. The designated on-scene 
representative will be the Patrol Commander who may be contacted on 
VHF-FM Channel 16.
    (d) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.

    Dated: August 1, 2002.
L. W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 02-20479 Filed 8-12-02; 8:45 am]
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