[Federal Register Volume 67, Number 156 (Tuesday, August 13, 2002)]
[Rules and Regulations]
[Pages 52609-52611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20483]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-006]
RIN 2115-AA97


Security Zone; Lake Erie, Perry, Ohio

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent security zone on 
the navigable waters of Lake Erie in the Captain of the Port Zone 
Cleveland 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 August 13, 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 CGD09-02-006 and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Office Cleveland, 1055 East 
Ninth Street, Cleveland, Ohio 44114 between 7 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

    On May 24, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Lake Erie, Perry, OH'' in the Federal 
Register (67 FR 36556). We did not receive any letters commenting on 
the proposed rule. No public hearing was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The permanent security zone 
established by this rule is smaller in size than the temporary security 
zone previously in effect. See 66 FR 52043

[[Page 52610]]

(Oct. 12, 2001) or 67 FR 39848 (June 11, 2002) for a description of the 
previous larger security zone. By immediately implementing the smaller 
zone size, we will be relieving some of the burden placed on the public 
by the previous larger security zone. This rule removes a temporary 
security zone identical to that established by this rule. The identical 
temporary security zone was established on August 1, 2002 after the 
previous larger security zone expired that date.

Background and Purpose

    On September 11, 2001, the United States was the target of 
coordinated attacks by international terrorists resulting in 
catastrophic loss of life, the destruction of the World Trade Center, 
and significant damage to the Pentagon. National security and 
intelligence officials warn that future terrorists attacks are likely. 
This regulation establishes a permanent security zone for the Perry 
Nuclear Power Plant. 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.

Discussion of Comments and Changes

    No comments were received and no changes are being made from the 
proposed rule in this final rule.

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 will 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.
    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 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. No 
comments or questions were received from any small businesses.
    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 will 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 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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.

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.

[[Page 52611]]

Environment

    The Coast Guard considered the environmental impact of this rule 
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 Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping 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.


Sec. 165.T09-506  [Removed]

    2. Remove Sec. 165.T09-506

    3. Add Sec. 165.912 to read as follows:


Sec. 165.912  Security Zone; Lake Erie, Perry, OH.

    (a) Location: The following area is a security zone: all navigable 
waters of Lake Erie bounded by a line drawn between the following 
coordinates beginning at 41 deg. 48.187' N, 081 deg. 08.818' W; then 
due north to 41 deg. 48.7' N, 081 deg. 08.818' W; then due east to 
41 deg. 48.7' N, 081 deg. 08.455' W; then 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 (NAD 83).
    (b) 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.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

    Dated: July 31, 2002.
L. W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port, MSO Cleveland.
[FR Doc. 02-20483 Filed 8-12-02; 8:45 am]
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