[Federal Register Volume 67, Number 201 (Thursday, October 17, 2002)]
[Rules and Regulations]
[Pages 64041-64044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26460]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP St. Louis-02-005]
RIN 2115-AA97


Security Zones; Captain of the Port St. Louis, MO

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing five security zones throughout 
the Captain of the Port St. Louis zone. These security zones are 
necessary to protect the Fort Calhoun Nuclear Power Station in Fort 
Calhoun, Nebraska, the Cooper Nuclear Station in Brownville, Nebraska, 
the Quad Cities Generating Station in Cordova, Illinois, the Prairie 
Island Nuclear Generating Facility in Welch, Minnesota, and the Clinton 
Power Station in Clinton, Illinois from subversive actions by any group 
or groups of individuals whose objective it is to cause disruption to 
the daily operations of these facilities. Entry into any of these 
security zones is prohibited unless authorized by the Captain of the 
Port St. Louis or designated representative.

DATES: This rule is effective beginning 8:01 a.m. on October 15, 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 [COTP St. Louis-02-005] and are available for inspection or 
copying at Marine Safety Office St. Louis, Suite 8.104E, 1222 Spruce 
St. St. Louis, MO

[[Page 64042]]

between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade (LTJG) Bill 
Clark, Marine Safety Office St. Louis at (314) 539-3091, ext. 3500.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 11, 2002, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Security Zones; Captain of the Port St. 
Louis, MO'', in the Federal Register (67 FR 39922). We received no 
comments 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. National security and intelligence 
officials continue to warn that future terrorist attacks against United 
States interests are likely. Any delay in making this final rule 
effective would be contrary to the public interest because action is 
necessary to protect against the possible loss of life, injury, or 
damage to property.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center and 
the Pentagon were attacked by terrorists. National security and 
intelligence officials have warned that future terrorist attacks 
against civilian targets are anticipated. In response to these 
terrorist acts and warnings the Captain of the Port St. Louis created 
three temporary security zones and published an NPRM proposing two 
additional security zones. The three temporary security zones the 
Captain of the Port, St. Louis established are: the Fort Calhoun 
Nuclear Power Station zone on the Missouri River in Fort Calhoun, 
Nebraska, published in the Federal Register March 7, 2002 (67 FR 10325) 
amended by 67 FR 40615; the Cooper Nuclear Station zone on the Missouri 
River in Brownville, Nebraska, published March 7, 2002 (67 FR 10324) 
amended by 67 FR 40617; and the Quad Cities Generating Station zone on 
the Mississippi River in Cordova, Illinois, published February 28, 2002 
(67 FR 9207) amended by 67 FR 40613. We received no comments or 
objections concerning these temporary final rules.
    Advisories regarding threats of terrorism continue. The Captain of 
the Port St. Louis has determined that security zones are needed for 
the areas covered by the NPRM and is creating five permanent security 
zones.
    (1) Fort Calhoun Nuclear Power Station, Fort Calhoun, Nebraska. 
This zone includes all water extending 75 feet from the shoreline of 
the right descending bank on the Missouri River, beginning at mile 
marker 645.6 and ending at mile marker 646.0.
    (2) Cooper Nuclear Station, Brownville, Nebraska. This zone 
includes all water extending 250 feet from the shoreline of the right 
descending bank on the Missouri River, beginning at mile marker 532.5 
and ending at mile marker 532.9.
    (3) Quad Cities Generating Station, Cordova, Illinois. This zone 
includes all water extending 300 feet from the shoreline of the left 
descending bank on the Upper Mississippi River, beginning at mile 
marker 506.3 and ending at mile marker 507.3.
    (4) Prairie Island Nuclear Generating Facility, Welch, Minnesota. 
This zone includes all water extending 300 feet from the shoreline of 
the right descending bank on the Upper Mississippi River, beginning at 
mile marker 798.0 and ending at mile marker 798.3.
    (5) Clinton Power Station, Clinton, Illinois. This zone in Dewitt 
County in East Central Illinois is bounded by a dam constructed near 
the confluence of Salt Creek River mile 56 and the north fork of Salt 
Creek. The zone extends out 600 feet from shore. Boundaries of the zone 
will begin at 40[deg]10'30'' N, 88[deg]50'30'' W; east to 
40[deg]10'30'' N, 88[deg]49'55'' W; south to 40[deg]10'15'' N, 
88[deg]49'55'' W; west to 40[deg]10'15'' N, 88[deg]5'30'' W; returning 
north to the origin. These coordinates are based upon [NAD 83].
    These security zones are designed to reduce the potential of a 
waterborne attack and enhance the public health and safety by 
protecting the public, facilities, and surrounding areas from possible 
subversive actions or acts of terrorism. All persons and vessels are 
prohibited from entering the Prairie Island, Quad Cities and Clinton 
security zones unless expressly authorized by the Captain of the Port 
St. Louis or his designated representative. Sight surveys indicate that 
vessels may safely navigate around these zones with minimal 
interference.
    Both the Fort Calhoun and the Cooper security zones contain a 
portion of the navigable channel of the Missouri River. All vessels 
that may safely navigate outside of the channel are prohibited from 
entering the security zone without the express permission of the 
Captain of the Port St. Louis or designated representative. Vessels 
requiring use of the channel for safe navigation are authorized entry 
into the zone but must remain within the channel unless otherwise 
expressly authorized by the Captain of the Port St. Louis or designated 
representative.

Discussion of Comments and Changes

    We received no comments on the proposed rule or on the temporary 
final rules or extensions. Therefore, we have made no substantive 
changes to the provisions of the proposed rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory and 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).
    We expect 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.
    With the exception of the Fort Calhoun and Cooper zones the zones 
do not include navigable channels. Vessel traffic should be able to 
safely transit around these zones. The zones for Fort Calhoun Nuclear 
Power Station and the Cooper Nuclear Station allow deeper draft vessels 
to continue their transit, provided that they remain within the 
channel. Vessels that must transit through any of these security zones 
may seek permission from the Captain of the Port St. Louis or his 
designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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. The Coast Guard is unaware of any small entities that would 
be impacted by this rule. The navigable channel remains open to all 
vessel traffic. We received no comments or objections regarding the 
previous security zones covering the same areas.
    If you are a small business entity and are significantly affected 
by this

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regulation please contact LTJG Bill Clark, Marine Safety Office St. 
Louis at (314) 539-3091, ext. 3500.

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 they could better evaluate its 
effects on them and participate in the rulemaking processes.
    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 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 rule 
and concluded that under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation because this rule is not expected to result 
in any significant environmental impact as described in the National 
Environmental Policy Act of 1969 (NEPA). A ``Categorical Exclusion 
Determination'' is available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures and 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.  165.825 to read as follows:


Sec.  165.825  Security Zones; Captain of the Port St. Louis, Missouri.

    (a) Location. The following areas are security zones:
    (1) Fort Calhoun Nuclear Power Station Security Zone, Fort Calhoun, 
Nebraska--all waters of the Missouri River, extending 75 feet from the 
shoreline of the right descending bank beginning from mile marker 645.6 
and ending at mile marker 646.0.
    (2) Cooper Nuclear Station Security Zone, Brownville, Nebraska--all 
waters of the Missouri River, extending 250 feet from the shoreline of 
the right descending bank beginning from mile marker 532.5 and ending 
at mile marker 532.9.
    (3) Quad Cities Generating Station Security Zone, Cordova, 
Illinois--all waters of the Upper Mississippi River, extending 300 feet 
from the shoreline of the left descending bank beginning from mile 
marker 506.3 and ending at mile marker 507.3.
    (4) Prairie Island Nuclear Generating Facility Security Zone, 
Welch, Minnesota--all waters of the Upper Mississippi River, extending 
300 feet from the shoreline of the right descending bank beginning from 
mile marker 798.0 and ending at 798.3.
    (5) Clinton Power Station Security Zone, Clinton, Illinois--all 
waters of Lake Clinton in Dewitt County in East Central Illinois 
bounded by a dam constructed near the confluence of Salt Creek River 
mile 56 and the north fork of Salt Creek. The zone extends out 600 feet 
from shore. Boundaries of the zone begin at 40[deg]10'30'' N, 
88[deg]50'30'' W; thence east to 40[deg]10'30'' N, 88[deg]49'55'' W; 
thence south to 40[deg]10'15'' N, 88[deg]49'55'' W; thence west to 
40[deg]10'15'' N, 88[deg]50'30'' W; thence returning north to the 
origin. These coordinates are based upon [NAD 83].
    (b) Regulations. (1) Entry into these security zones is prohibited 
unless authorized by the Coast Guard Captain of the Port, St. Louis or 
designated representative.

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    (2) The Ft. Calhoun and Cooper security zones include a portion of 
the navigable channel of the Missouri River. All vessels that may 
safely navigate outside of the channel are prohibited from entering the 
security zone without the express permission of the Captain of the Port 
St. Louis or designated representative. Vessels that are required to 
use the channel for safe navigation are authorized entry into the zone 
but must remain within the channel unless expressly authorized by the 
Captain of the Port St. Louis or designated representative.
    (3) Persons or vessels requiring the Captain of the Port St. Louis' 
permission to enter the security zones must contact the Coast Guard 
Group Upper Mississippi River at telephone number 319 524-7511 or on 
VHF marine channel 16 or Marine Safety Detachment Quad Cities at 
telephone number 309 782-0627 or the Captain of the Port, St. Louis at 
telephone number 314 539-3091, ext. 3500 in order to seek permission to 
enter the security zones. If permission is granted, all persons and 
vessels must comply with the instructions of the Captain of the Port, 
St. Louis or designated representative.
    (4) Designated representatives are commissioned, warrant, and petty 
officers of the U.S. Coast Guard.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.

    Dated: October 1, 2002.
D.C. Haynes,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port, St. 
Louis.
[FR Doc. 02-26460 Filed 10-11-02; 5:10 pm]
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