Federal Register: August 16, 2002 (Volume 67, Number 159)
DOCID: FR Doc 02-20756
DEPARTMENT OF TRANSPORTATION
CFR Citation: 33 CFR Part 165
RIN ID: RIN 2115-AA97
CGD ID: [CGD09-02-005]
ACTION: Ports and waterways safety:
DOCUMENT ACTION: Final rule.
Security Zones; Captain of the Port Buffalo Zone
DATES: This rule is effective August 16, 2002.
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.
Buffalo Captain of Port Zone, NY; security zones,
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) MosesSaunders 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.
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. 601612), 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, notforprofit 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
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. 104121), 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 1888REGFAIR (18887343247).
Collection of Information
This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 35013520.).
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. 15311538) 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.
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.
We have considered the environmental impact of this rule and concluded that, under figure 21, 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 165REGULATED 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 1.051(g), 6.041, 6.046, and 160.5; 49 CFR 1.46.
Secs. 165.T09999, 165.T09101, and 165.T09103 [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 eastnortheast 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) MosesSaunders 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
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) 8439570, or on VHF/FM channel 16 to seek permission to transit the area. Persons desiring to transit the area of MosesSaunders Power Dam or Long Sault Spillway Dam security zones must contact the Supervisor, Marine Safety Detachment Massena at telephone number (315) 7643284, 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.
Commander, Coast Guard, Captain of the Port Buffalo.
[FR Doc. 0220756 Filed 81502; 8:45 am] BILLING CODE 491015P
FOR FURTHER INFORMATION CONTACT
LCDR David Flaherty, U.S. Coast Guard Marine Safety Office Buffalo, (716) 8439574.