[Federal Register Volume 67, Number 159 (Friday, August 16, 2002)]
[Rules and Regulations]
[Pages 53501-53503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20755]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-001]
RIN 2115-AA97


Security Zones; Captain of the Port Chicago Zone, Lake Michigan

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing permanent security zones on 
the navigable waters of the Des Plaines River, the Kankakee River, the 
Rock River, and Lake Michigan in the Captain of the Port Zone Chicago. 
These security zones are necessary to protect the nuclear power plants, 
and water intake cribs, from possible sabotage or other subversive 
acts, accidents, or possible acts of terrorism. These zones are 
intended to restrict vessel traffic from portions of the Des Plaines 
River, the Kankakee River, the Rock River, and Lake Michigan.

DATES: This rule is effective on August 16, 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 CGD09-02-001 and are available for inspection or 
copying at Coast Guard Marine Safety Office Chicago, between 7:30 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: MST3 Kathryn Varela, U.S. Coast Guard 
Marine Safety Office Chicago, at (630) 986-2175.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 22, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Security Zones; Captain of the Port Chicago Zone, Lake 
Michigan, in the Federal Register (67 FR 35939). We received six 
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. In response to the terrorist 
attacks on September 11, 2001, the Coast Guard implemented temporary 
security zones around critical facilities throughout the U.S. Some of 
those facilities included nuclear power plants, water intake cribs, and 
Navy Pier. Security zones around these facilities helps protect against 
the subversive type of activity that resulted in the World Trade Center 
and Pentagon attacks. Since the temporary security zone will expire on 
August 1, 2002, in order to continue ensuring security at these nuclear 
power plants, water intake cribs, and Navy Pier, this final rule must 
be implemented prior to the August 1, 2002 expiration. As such, it is 
necessary to make this rule effective less than 30 days after 
publication.

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 terrorist attacks are likely. 
To protect from such, this regulation will establish permanent security 
zones on the navigable waters of the Des Plaines River, the Kankakee 
River, the Rock River, and Lake Michigan.
    These security zones are necessary to protect the public, 
facilities, and the surrounding area from possible sabotage or other 
subversive acts. All persons other than those approved by the Captain 
of the Port Chicago, or his authorized representative, are prohibited 
from entering or moving within the zones. The Captain of the Port 
Chicago may be contacted via VHF Channel 16 for further instructions 
before transiting through the restricted area. The Captain of the Port 
Chicago's on-scene representative will be the patrol commander. In 
addition to publication in the Federal Register, the public will be 
made aware of the existence of these security zones, exact locations 
and the restrictions involved via Local Notice to Mariners and the 
Broadcast Notice to Mariners.

Discussion of Comments and Changes

    During the public comment period, the Coast Guard received 6 
comments on the proposed rulemaking. Three comments were concerned that 
the Donald C. Cook Nuclear Power Plants security zone would exclude 
fishermen from a good fishing area. Nuclear power plants are critical 
infrastructures throughout the country, providing electricity to 
millions of homes and cities. In addition, the plants pose a 
significant radiological hazard should their structural integrity be 
compromised. The Captain of the Port Chicago has determined that the 
best practice to ensure the safety of these facilities is to provide a 
clear area in which no vessels or persons are allowed access without 
specific permission from the Captain of the Port Chicago.
    One comment stated concern that the security zones around Navy Pier 
and the Jardine Water Filtration Plant did not include the northside of 
the plant. Commenter concerned for the Commonwealth Edison vault that 
supplies electrical power to the Jardine Water Filtration Plant being 
directly above the waters edge. The Captain of the Port Chicago has 
taken under advisement and after review has determined that the present 
security zone boundaries are adequate for the current threat condition.
    One comment received from the Palisades Nuclear Power Plant 
requesting changes to the security zone coordinates to match their 
northern and southern shoreline boundaries. The commenter noted that 
the current security zone for the Palisades Nuclear Power Plant did not 
match where their security barriers are placed, and for enforcement 
purposes recommended the change. The Coast Guard concurs with this 
comment and has identified the new northern and southern coordinates as 
42 deg.19'31'' N, 086 deg.18'50'' W (northern shoreline), 
42 deg.19'07'' N, 086 deg.19'05'' W (southern shoreline).
    One comment recommended that the Navy Pier Southside Security zone 
be changed to only 150 feet from the Southern side to allow 
recreational

[[Page 53502]]

boaters a place to turn around, helping to alleviate congestion 
southeast of Navy Pier due to heavy vessel traffic waiting for the 
Chicago Lock. The Captain of the Port Chicago has determined that the 
present risk levels justify total elimination of the Navy Pier 
Southside security zone.

Regulatory Evaluation

    This Final 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 exempted it from 
review 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 proposal to be so minimal that a full Regulatory 
Evaluation under paragraph 10(e) of the regulatory policies and 
procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this final 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 final 
rule would not have a significant economic impact on a substantial 
number of small entities.
    These security zones will not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
rule will not obstruct the regular flow of commercial traffic and will 
allow vessel traffic to pass around the security zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this final rule so that they can 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 final rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this final rule under Executive Order 13132, 
Federalism, and have determined that this rule does not have 
implications for federalism under that Order.

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 final rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This final rule would 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 final 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 final 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 final 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 final 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.

Environment

    We have considered the environmental impact of this final rule and 
concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation.

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, and 160.5; 49 CFR 1.46.

    2. Add Sec. 165.908 to read as follows:


Sec. 165.908  Security Zones; Captain of the Port Chicago, Zone, Lake 
Michigan.

    (a) Security zones. The following areas, defined by coordinates 
based upon North American Datum 1983, are security zones:
    (1) Navy Pier Northside. (i) Location. All waters between the Navy 
Pier and the Jardine Water Filtration Plant shoreward of a line drawn 
from the southeast corner of the Jardine Water Filtration Plant at 
41 deg.53'36'' N, 87 deg.36'10'' W, to the northeast corner of the Navy 
Pier at 41 deg.53'32'' N, 87 deg.35'55''

[[Page 53503]]

W; then following the Navy Pier, seawall, and Jardine Water Filtration 
Plant back to the beginning.
    (ii) Regulations. The Captain of the Port Chicago will normally 
permit those U.S. Coast Guard certificated passenger vessels that 
normally load and unload passengers at Navy Pier to operate in the 
zone. However, should the Captain of the Port Chicago determine it is 
appropriate, he will require even those U.S. Coast Guard certificated 
passenger vessels which normally load and unload passengers at Navy 
Pier to request permission before leaving or entering the security 
zones. The Captain of the Port Chicago will notify these vessels via 
Broadcast Notice to Mariners if they must notify the Coast Guard before 
entering or transiting the security zone. As such, vessels that 
regularly operate within this zone are responsible for monitoring 
Broadcasts Notice to Mariners for the Chicago area. These broadcasts 
will be made by U.S. Coast Guard Group Milwaukee.
    (2) Dresden Nuclear Power Plant. All waters of the Illinois River 
in the vicinity of Dresden Nuclear Power Plant encompassed by a line 
starting on the shoreline at 41 deg.23'45'' N, 88 deg.16'18'' W; then 
east to the shoreline at 41 deg.23'39'' N, 88 deg.16'09'' W; then 
following along the shoreline back to the beginning.
    (3) Donald C. Cook Nuclear Power Plant. All waters of Lake Michigan 
around the Donald C. Cook Nuclear Power Plant encompassed by a line 
starting on the shoreline at 41 deg.58.656' N, 86 deg.33.972' W; then 
northwest to 41 deg.58.769' N, 86 deg.34.525' W; then southwest to 
41 deg.58.589' N, 86 deg.34.591' W; then southeast to the shoreline at 
41 deg.58.476' N, 86 deg.34.038' W; and following along the shoreline 
back to the beginning.
    (4) Palisades Nuclear Power Plant. All waters of Lake Michigan 
around the Palisades Nuclear Power Plant within a line starting on the 
shoreline at 42 deg.19'07'' N, 86 deg.19'05'' W; then northwest to 
42 deg.19'22'' N, 86 deg.19'54'' W; then north to 42 deg.19'44'' N, 
86 deg.19'43'' W; then southeast back to the shoreline at 
42 deg.19'31'' N, 86 deg.18'50'' W; then following along the shoreline 
back to the beginning.
    (5) Byron Nuclear Power Plant. All waters of the Rock River 
encompassed by the arc of a circle with a 100-yard radius with its 
center in approximate position 42 deg.05'01'' N, 89 deg.19'27'' W.
    (6) Zion Nuclear Power Plant. All waters of Lake Michigan 
encompassed by a line starting on the shoreline at 42 deg.26'36'' N, 
87 deg.48'03'' W; then southeast to 42 deg.26'20'' N, 87 deg.47'35'' W; 
then northeast to 42 deg.26'53'' N, 87 deg.47'22'' W; then northwest to 
the shoreline at 42 deg.27'06'' N, 87 deg.48'00'' W; then following 
along the shoreline back to the beginning.
    (7) 68th Street Water Intake Crib. All waters of Lake Michigan 
within the arc of a circle with a 100-yard radius of the 68th Street 
Crib with its center in approximate position 41 deg.47'10'' N, 
87 deg.31'51'' W.
    (8) Dever Water Intake Crib. All waters of Lake Michigan within the 
arc of a circle with a 100-yard radius of the Dever Crib with its 
center in approximate position 41 deg.54'55'' N, 87 deg.33'20'' W.
    (9) 79th Street Water Intake Crib. All waters of Lake Michigan 
within the arc of a circle with a 100-yard radius of the 79th Street 
Water Filtration Plant with its center in the approximate position 
41 deg.45'30'' N, 87 deg.32'32'' W.
    (b) Regulations. (1) Under Sec. 165.33, entry into these zones is 
prohibited unless authorized by the Coast Guard Captain of the Port 
Chicago. Section 165.33 also contains other general requirements.
    (2) All persons and vessels shall comply with the instruction of 
the Captain of the Port Chicago or the designated on-scene U.S. Coast 
Guard patrol personnel. On-scene patrol personnel include commissioned, 
warrant, and petty officers of the U.S. Coast Guard on board Coast 
Guard, Coast Guard Auxiliary, local, state, and federal law enforcement 
vessels. Emergency response vessels are authorized to move within the 
zone but must abide by the restrictions imposed by the Captain of the 
Port.
    (3) Persons who would like to transit through a security zone in 
this section must contact the Captain of the Port at telephone number 
(630) 986-2175 or on VHF channel 16 (121.5 MHz) to seek permission to 
transit the area. If permission is granted, all persons and vessels 
shall comply with the instructions of the Captain of the Port or his or 
her designated 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 29, 2002.
R.E. Seebald,
Captain, Coast Guard, Captain of the Port, Chicago.
[FR Doc. 02-20755 Filed 8-15-02; 8:45 am]
BILLING CODE 4910-15-P