[Federal Register: August 4, 2004 (Volume 69, Number 149)]
[Proposed Rules]
[Page 47047-47049]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au04-26]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-04-020]
RIN 2115-AA87
Security Zone; Captain of the Port Chicago Zone, Lake Michigan
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to remove the security zone around
the Byron Nuclear Power Plant and add a security zone around the
Hammond Intake Crib on Lake Michigan. It has been determined that the
removal of the security zone for the Byron Nuclear Power Plant would
not increase the plant's vulnerability. The Hammond Intake Crib
Security Zone is necessary to protect the fresh water supply from
possible sabotage or other subversive acts, accidents, or possible acts
of terrorism. The new zone is intended to restrict vessel traffic from
a portion of Lake Michigan.
DATES: Comments and related material must reach the Coast Guard on or
before October 4, 2004.
ADDRESSES: You may mail comments and related material to U.S. Coast
Guard Marine Safety Office (MSO) Chicago, 215 West 83rd Street, Suite
D, Burr Ridge, IL 60527. MSO Chicago maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at MSO Chicago between 7 a.m. and 3:30 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: ENS Christopher Brunclik, MSO Chicago,
at (630) 986-2155.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD09-04-
020), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to U.S. Coast Guard Marine Safety
Office Chicago at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
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. Current events indicate that
significant threats still exist for this type of attack. In fact,
National security and intelligence officials warn that future
terrorists attacks are likely. The Coast Guard is responding by,
amongst many other things, establishing security zones around critical
infrastructure.
We propose to remove the Byron Nuclear Power Plant security zone
and add a security zone around the Hammond Intake Crib. It has been
determined the removal of the security zone for the Byron Nuclear Power
Plant would not increase its vulnerability. The proposed Hammond Intake
Crib 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
Chicago, or his on-scene representative, are prohibited from entering
or moving within the zone. The Captain of the Port Chicago may be
contacted via phone at the above contact number.
[[Page 47048]]
Discussion of Proposed Rule
On August 16, 2002, the Coast Guard published a final rule
establishing a permanent security zone on the waters of the Rock River
within a 100-yard radius of the Byron Nuclear Power Plant (67 FR
53501). The CFR section number for this security zone was corrected on
October 23, 2002 (67 FR 65041). This rulemaking proposes to remove this
security zone for the Byron Nuclear Power plant and to create one for
the Hammond Intake Crib.
The need for a security zone at Byron was discussed during security
planning meetings with the Byron Nuclear Training Facility Chief of
Security, Ogle County Sheriff's Department and the United States Coast
Guard. The current security zone encompasses the cooling water intake
on the Rock River located over 1 mile away from the facility. If the
intake were to be made inoperable the facility would experience an
``inconvenience'' rather than a detrimental consequence. In addition,
there would be enough time to shut down the plant before the lack of
cooling water would be an issue. Thus, the Coast Guard has determined
that the security zone for Byron Nuclear Facility is no longer needed.
Because of new and additional security concerns, the Coast Guard
wishes to create a permanent security zone around the Hammond Intake
Crib to protect this fresh water supply. Through this rulemaking, we
propose to establish a security zone for the following location: All
waters encompassed by the arc of a circle with a 100-yard radius with
its center in approximate position 41[deg]42'15'' N, 087[deg]29'49'' W
(Hammond Intake Crib). These coordinates are based upon North American
Datum 1983 (NAD 83).
Regulatory Evaluation
This proposed 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
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. Since this security zone is not
located near commercial vessel shipping lanes, there will be no impact
on commercial vessel traffic as a result of this security zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would 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 traffic and will allow
vessel traffic to pass around the security zone.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the office listed in Addresses
in this preamble.
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 proposed rule would call 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,
if is 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 proposed 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 proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed 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 proposed 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 proposed 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 proposed 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
[[Page 47049]]
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 proposed 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 analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation.
Under figure 2-1, paragraph (34)(g) of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
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 proposes
to amend 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. 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.
2. In Sec. 165.910, revise paragraph (a)(5) to read as follows:
Sec. 165.910 Security Zones; Captain of the Port Chicago, Zone, Lake
Michigan.
* * * * *
(5) Hammond Intake Crib. All navigable waters bounded by the arc of
a circle with a 100-yard radius with its center in approximate position
41[deg]42[min]15[sec] N, 087[deg]29[min]49[sec] W (NAD 83).
* * * * *
Dated: June 21, 2004.
T.W. Carter,
Captain, U.S. Coast Guard, Captain of the Port Chicago.
[FR Doc. 04-17741 Filed 8-3-04; 8:45 am]
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