[Federal Register Volume 67, Number 159 (Friday, August 16, 2002)]
[Rules and Regulations]
[Pages 53499-53501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20756]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-005]
RIN 2115-AA97


Security Zones; Captain of the Port Buffalo Zone

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing four permanent security zones 
on the navigable waters of Lake Ontario and the St. Lawrence River in 
the Captain of the Port Buffalo Zone. These security zones are 
necessary to protect the Nuclear Power Plants and the St. Lawrence 
Seaway system from possible acts of terrorism. These security zones are 
intended to restrict vessel traffic from a portion of the St. Lawrence 
River and Lake Ontario.

DATES: This rule is effective August 16, 2002.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD09-02-005) and are available for inspection or 
copying at U.S. Coast Guard Marine Safety Office Buffalo, 1 Fuhrmann 
Blvd, Buffalo, New York 14203 between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: LCDR David Flaherty, U.S. Coast Guard 
Marine Safety Office Buffalo, (716) 843-9574.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 30, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zones; Captain of the Port Buffalo Zone'' in 
the Federal Register (67 FR 37748). 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 zones being 
established by this rulemaking are smaller in size than the temporary 
security zones currently in effect. By immediately implementing the 
smaller zone size, we will be relieving some of the burden placed on 
the public by a larger security zone.

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 proposes to establish four permanent security 
zones: (1) Nine Mile Point and Fitzpatrick Nuclear Power Plants; (2) 
Ginna Nuclear Power Plant; (3) Moses-Saunders Power Dam; and, (4) Long 
Sault Spillway Dam.
    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 Buffalo, or his designated representative, are prohibited 
from entering or moving within this zone. The Captain of the Port 
Buffalo, or his on scene representative, may be contacted via VHF 
Channel 16 for further instructions before transiting through the 
restricted area. 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 Broadcast Notice to Mariners.

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 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 
rule 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 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.
    This security zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will not

[[Page 53500]]

obstruct the regular flow of commercial traffic and will allow vessel 
traffic to pass around the security zone. In addition, in the event 
that is may be necessary, prior to transiting commercial vessels can 
request permission from the Captain of the Port Buffalo to transit 
through the 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 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 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 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.

Environment

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lC, this rule 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 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.


Secs. 165.T09-999, 165.T09-101, and 165.T09-103  [Removed]

    2. Add Sec. 165.911 to read as follows:


Sec. 165.911  Security Zones; Captain of the Port Buffalo Zone.

    (a) Location. The following are security zones:
    (1) Nine Mile Point and Fitzpatrick Nuclear Power Plants. The 
navigable waters of Lake Ontario bounded by the following coordinates: 
commencing at 43 deg.30.8' N, 076 deg.25.7' W; then north to 
43 deg.31.2' N, 076 deg.25.7' W; then east-northeast to 43 deg.31.6' N, 
076 deg.24.9' W; then east to 43 deg.31.8' N, 076 deg.23.2' W; then 
south to 43 deg.31.5' N, 076 deg.23.2' W; and then following the 
shoreline back to the point of origin (NAD 83).
    (2) Ginna Nuclear Power Plant. The waters of Lake Ontario bounded 
by the following area, starting at 43 deg.16.9' N, 077 deg.18.9' W; 
then north to 43 deg.17.3' N, 077 deg.18.9' W; then east to 
43 deg.17.3' N, 077 deg.18.3' W; then south to 43 deg.16.7' N, 
077 deg.18.3' W; then following the shoreline back to starting point 
(NAD 83).
    (3) Moses-Saunders Power Dam. The waters of the St. Lawrence River 
bounded by the following area, starting at 45 deg.00.73' N, 
074 deg.47.85' W; southeast following the international border to 
45 deg.00.25' N, 074 deg.47.56' W; then southwest to 45 deg.00.16' N, 
074 deg.47.76' W; then east to the shoreline at 45 deg.00.16' N, 
074 deg.47.93' W; then northwest to 45 deg.00.36' N, 074 deg.48.16' W; 
then northeast back to the starting point (NAD 83).
    (4) Long Sault Spillway Dam. The waters of the St. Lawrence River 
bounded by the following area, starting at 44 deg.59.5' N, 
074 deg.52.0' W; north to 45 deg.00.0' N, 074 deg.52.0' W; east to 
45 deg.00.0' N, 074 deg.51.6' W, then south to 44 deg.59.5' N, 
074 deg.51.6' W; then west back to the starting point (NAD 83).
    (b) Regulations. (1) In accordance with Sec. 165.33, entry into 
this zone is

[[Page 53501]]

prohibited unless authorized by the Coast Guard Captain of the Port 
Buffalo.
    (2) Persons or vessels desiring to transit the area of the Nine 
Mile Point and Fitzpatrick Nuclear Power Plants or Ginna Nuclear Power 
Plant security zones must contact the Captain of the Port Buffalo at 
telephone number (716) 843-9570, or on VHF/FM channel 16 to seek 
permission to transit the area. Persons desiring to transit the area of 
Moses-Saunders Power Dam or Long Sault Spillway Dam security zones must 
contact the Supervisor, Marine Safety Detachment Massena at telephone 
number (315) 764-3284, or on VHF/FM channel 16 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 19, 2002.
P.M. Gugg,
Commander, Coast Guard, Captain of the Port Buffalo.
[FR Doc. 02-20756 Filed 8-15-02; 8:45 am]
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