[Federal Register Volume 69, Number 19 (Thursday, January 29, 2004)]
[Rules and Regulations]
[Pages 4241-4242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1859]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-03-277]
RIN 2115-AA97


Security Zone; Captain of the Port Milwaukee Zone, Lake Michigan

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the size of the security zone for 
Kewanuee Nuclear Power Plant on Lake Michigan. This security zone is 
necessary to protect the nuclear power plant from possible sabotage or 
other subversive acts, accidents, or possible acts of terrorism. The 
zone is intended to restrict vessel traffic from a portion of Lake 
Michigan.

DATES: This rule is effective March 1, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are available for inspection or copying at Marine Safety Office 
Milwaukee, between 7 a.m. and 3:30 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marine Science Technician Michael 
Schmidtke, U.S. Coast Guard Marine Safety Office Milwaukee, at (414) 
747-7155.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On October 17, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Captain of the Port Milwaukee Zone, 
Lake Michigan'' in the Federal Register (68 FR 59752). We received no 
letters commenting on the proposed rule. No public hearing was 
requested, and none was held.

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, 
significant damage to the Pentagon, and tragic loss of life. National 
security and intelligence officials warn that future terrorists attacks 
are likely.
    This regulation revises a previously established security zone 
around the Kewaunee Nuclear Power Plant. This security zone is 
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 Milwaukee, or his authorized 
representative, are prohibited from entering or moving within the zone. 
The Captain of the Port Milwaukee 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 this security zone, its exact location, 
and the restrictions involved via Local Notice to Mariners and the 
Broadcast Notice to Mariners.

Discussion of Comments and Changes

    We received no comments in response to this rulemaking. Therefore, 
we have made no changes from proposed 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, l979).

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. Our 
rule will not obstruct the regular flow of commercial traffic and will 
allow vessel traffic to pass around the security zone. In addition, in 
the event that it may be necessary, prior to transiting commercial 
vessels can request permission from the Captain of the Port Milwaukee 
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

[[Page 4242]]

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 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

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

0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1


0
2. In Sec. 165.916, revise paragraph (a)(1) to read as follows:


Sec. 165.916  Security Zone; Captain of the Port Milwaukee Zone, Lake 
Michigan.

    (a) Location. * * *
    (1) Kewaunee Nuclear Power Plant. All navigable waters of Western 
Lake Michigan encompassed by a line commencing from a point on the 
shoreline at 4420.715' N, 08732.080' W; 
then easterly to 4420.720' N, 08731.630' 
W; then southerly to 4420.480' N, 
08731.630' W; then westerly to 4420.480' 
N, 08731.970' W, then northerly following the shoreline 
back to the point of origin (NAD 83).
* * * * *

    Dated: January 13, 2004.
H.M. Hamilton,
Commander, U.S. Coast Guard, Captain of the Port Milwaukee.
[FR Doc. 04-1859 Filed 1-28-04; 8:45 am]
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