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GLIN==> Nuclear Plant Security Zones



Below is today's Coast Guard notice on establishing
a security zone at the Fermi II power plant on Lake
Erie near Monroe.

These zones are being set all around the great lakes
at nuclear plants, air force bases and other installations.

My question is whether the coast guard or the recreational
canoeing organizations have considered the impact
of this practice on recreational canoeing in the
great lakes along great lakes shorelines.   Has
anybody considered the consequences of making recreational
canoeists paddle a half mile to mile off-shore to avoid
such a security zone on this recreational practice????
...or other non-powered recreational boats (i.e. kayaks)????

I wouldn't expect that Osama bin Laden will be dispatching
suicidal kayak bombers in kayaks loaded with
C4 to blow up great lakes nuclear plants.   While the
coast guard might want to set a security zone to prevent
a lakeshore landing of a paramilitary group by motorized
craft, I really wonder if any thought was given to issues
such zones pose for non-motorized recreational craft.


==============================================================

[Federal Register: October 12, 2001 (Volume 66, Number 198)]
[Rules and Regulations]
[Page 52039-52041]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc01-9]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-135]
RIN 2115-AA97


Security Zone; Lake Erie, Monroe, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone

[[Page 52040]]

encompassing navigable water of Lake Erie in the vicinity of the Enrico
Fermi nuclear power plant. This security zone is necessary to prevent
damage to the nuclear power plant. Entry into, transit through or
anchoring within this security zone is prohibited unless authorized by
the Coast Guard Captain of the Port Toledo or the designated on scene
representative.

DATES: This rule is effective from September 28, 2001 through June 15,
2002.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD09-01-135]
and are available for
inspection or copying at U.S. Coast Guard Marine Safety Office Toledo,
420 Madison Ave, Suite 700, Toledo, Ohio, 43604 between 9:30 a.m. and 2
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Herb Oertli, Chief of Port
Operations, Marine Safety Office, Toledo, Ohio, (419) 418-6050.

SUPPLEMENTARY INFORMATION:

Regulatory Information

     As authorized by 5 U.S.C. 553, we did not publish a notice of
proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing an NPRM, and, under 5 U.S.C. 553(d)(3), good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register. The Coast Guard had insufficient advance notice
to publish an NPRM followed by a temporary final rule. Publication of a
notice of proposed rulemaking and delay of effective date would be
contrary to the public interest because immediate action is necessary
to prevent possible loss of life, injury, or damage to property.

Background and Purpose

     A temporary security zone is necessary to ensure the security of
Enrico Fermi nuclear power plant, as a result of the terrorist attacks
on the United States on September 11, 2001. The security zone consists
of all navigable waters of Lake Erie within a line beginning from
position 41 deg.58.5' N, 083 deg.14.8' W; southeast to 41 deg.58.2' N,
083 deg.13.7' W; south to 41 deg.56.7' N, 083 deg.14.8' W; west to
41 deg.56.7' N, 083 deg.15.3' W; back to the beginning point. Entry
into, transit through or anchoring within this security zone is
prohibited unless authorized by the Coast Guard Captain of the Port
Toledo or the designated on scene representative. The designated on
scene representative will be the Patrol Commander and may be contacted
via VHF Channel 16.

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, 1979). This finding is based on the
historical lack of vessel traffic during this time of year. Also,
vessels can pass safely around the security zone and vessels may
request permission from the Captain of the Port Toledo to transit
through the security zone.

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 rule will affect the following entities, some of which may be
small entities: the owners and operators of vessels intending to
transit or anchor in a portion of Lake Erie.
     This security zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can pass safely around the security zone and commercial vessels
may request permission from the Captain of the Port Toledo to transit
through the security 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. 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 Marine Safety Office Toledo (see
ADDRESSES.)
     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

     We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that Order.

Unfunded Mandates Reform Act

     The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. This rule will not impose an unfunded mandate.

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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.

[[Page 52041]]

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.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.

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 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
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.

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),
6.04-6, 160.5; 49 CFR 1.46.

     2. A new temporary Sec. 165.T09-135 is added as follows:


Sec. 165.T09-135  Security zone: Lake Erie, Toledo, Ohio.

     (a) Location. This security zone consists of all navigable waters
of Lake Erie within a line beginning from position 41 deg.58.5' N,
083 deg.14.8' W; southeast to 41 deg.58.2' N, 083 deg.13.7' W; south to
41 deg.56.7' N, 083 deg.14.8' W; west to 41 deg.56.7' N, 083 deg.15.3'
W; back to the beginning point. All geographic coordinated are North
American Datum of 1983 (NAD 1983).
     (b) Effective period. This section is effective from September 28,
2001 through June 15, 2002.
     (c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port.

     Dated: September 28, 2001.
David L. Scott,
Commander, U.S. Coast Guard Captain of the Port.
[FR Doc. 01-25649 Filed 10-11-01; 8:45 am]
BILLING CODE 4910-15-P



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Environmental Enforcement, Technical Review, Public Policy and
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PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com
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