[Federal Register Volume 66, Number 250 (Monday, December 31, 2001)]
[Rules and Regulations]
[Pages 67487-67489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32119]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-01-207]
RIN 2115-AA97
Security Zone: Seabrook Nuclear Power Plant, Seabrook, New
Hampshire
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone
around the Seabrook Nuclear Power Plant in Seabrook, New Hampshire. The
security zone will close off public access to all land and waters
within 250 yards of the waterside property boundary of Seabrook Nuclear
Power Plant. This action is necessary to ensure public safety and
prevent sabotage or terrorist acts. Entry into this security zone is
prohibited unless authorized by the Captain of the Port, Portland,
Maine.
DATES: This rule is effective from December 7, 2001 until June 15,
2002.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-01-207 and are available for
inspection or copying at Marine Safety Office Portland, Maine, 103
Commercial Street, Portland, Maine between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) W. W. Gough,
Port Operations Department, Captain of the Port, Portland, Maine at
(207) 780-3251.
SUPPLEMENTARY INFORMATION:
Regulatory History
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. On September 11, 2001, two
commercial aircraft were hijacked from Logan Airport in Boston,
Massachusetts and flown into the World Trade Center in New York, New
York inflicting catastrophic human casualties and property damage.
National security and intelligence officials warn that future terrorist
attacks against civilian targets may be anticipated. The Seabrook
Nuclear Power Plant is open to possible attack from waters adjacent to
nearby Hampton Harbor. Due to the potential catastrophic effect an
exposure of radiation from the nuclear processes at the plant would
have on the surrounding area, this rulemaking is urgently required to
prevent potential future terrorist strikes against the Seabrook Nuclear
Power Plant. The delay inherent in the NPRM process is contrary to the
public interest insofar as it may render people and facilities within
and adjacent to the Seabrook Nuclear Power Plant property vulnerable to
subversive activity, sabotage or terrorist attack.
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 measures implemented in this
rule are intended to prevent possible terrorist attacks against the
Seabrook Nuclear Power Plant and are needed to protect the facility,
persons at the facility, the public and the surrounding community from
potential sabotage or other subversive activity, sabotage and terrorist
attacks, either from the water or by access to the facility by
utilizing public trust lands between the low water and high water tide
lines. Immediate action is required to accomplish these objectives. Any
delay in the effective date of this rule is impracticable and contrary
to the public interest.
This zone should have minimal impact on the users of Hampton
Harbor, New Hampshire and the surrounding waters as vessels are able to
pass safely outside the zone. Public notifications will be made to the
maritime community via local notice to mariners and signs posted to
inform the public of the boundaries of the zone.
Background and Purpose
In light of terrorist attacks on New York City and Washington D.C.
on September 11, 2001 a security zone is being established to safeguard
the Seabrook Nuclear Power Plant, persons at the facility, the public
and surrounding communities from sabotage or other subversive acts,
accidents, or other events of a similar nature. The Seabrook Nuclear
Power Plant presents a possible target of terrorist attack due to the
catastrophic impact a release of nuclear radiation would have on the
surrounding area. This security zone prohibits entry into or movement
within the specified areas.
This rulemaking establishes a security zone in all land and waters
within 250 yards of the waterside property boundary of Seabrook Nuclear
Power Plant in Seabrook, New Hampshire bounded by a line beginning at
position 42 deg.53'58" N, 070 deg.51'06" W, then running along the
Seabrook Nuclear Power Plant property boundaries, ending at position
42 deg.53'46" N, 070 deg.51'06" W. The area along the Plant property
boundaries is an area delineated by a fence, and runs east around the
easternmost point of the property boundaries of Seabrook Nuclear Power
Plant, then turns west to the point of termination. This security zone
also closes all land within the zone to prevent access along areas
traditionally reserved for public use between the mean low water tide
line and the mean high water tide line. This rulemaking is necessary to
provide complete protection of the waterfront areas of the Seabrook
Nuclear Power Plant.
No person or vessel may enter or remain in the prescribed security
zone at any time without the permission of the Captain of the Port.
Each person or vessel in a security zone shall obey any direction or
order of the Captain of the Port. The Captain of the Port may take
possession and control of any vessel in a security zone and/or remove
any person, vessel, article or thing from a security zone. No person
may board, take or place any article or thing on board any vessel or
waterfront facility in a security zone without permission of the
Captain of the Port.
Regulatory Evaluation
This temporary final 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 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).
The Coast Guard expects the economic impact of this proposal to be
so minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
The effect of this regulation will not be significant for several
reasons: The protected area is not regularly navigated; there is ample
room for vessels to navigate around the security zone; notifications
will be made to the local maritime community; and signs
[[Page 67488]]
will be posted informing the public of the boundaries of the zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard 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
or operators of vessels intending to transit or anchor in a portion of
Hampton Harbor. For the reasons enumerated in the Regulatory Evaluation
section above, this security zone will not have a significant economic
impact on a substantial number of small entities.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard
wants to assist small entities in understanding this final rule so that
they can better evaluate its effects on them and participate in the
rulemaking. If your small business or organization would be affected by
this final rule and you have questions concerning its provisions or
options for compliance, please call Lieutenant (Junior Grade) Wade W.
Gough, Marine Safety Office Portland, Maine, at (207) 780-3251. 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
Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this rule under Executive Order 13132
and has 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 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 section 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity and reduce burden.
Protection of Children
The Coast Guard has 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.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments. A
rule with tribal implications has 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.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under Figure 2-1, paragraph 34 (g) of
Commandant Instruction M16475.1D, this rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.
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 Administer 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 record
keeping requirements, Security measures, Waterways.
For the reasons set out 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, 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01--207 to read as follows:
Sec. 165.T01--207 Security Zone: Seabrook Nuclear Power Plant,
Seabrook, New Hampshire.
(a) Location. The following area is a security zone: All land and
waters within 250 yards of the waterside property boundary of Seabrook
Nuclear Power Plant identified as follows: beginning at position
42 deg.53'58" N, 070 deg.51'06" W then running along the property
boundaries of Seabrook Nuclear Power Plant to its position
42 deg.53'46" N, 070 deg.51'06" W.
(b) Effective dates. This section is effective from December 7,
2001 until June 15, 2002.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.33 of
this part, entry into or movement within this zone is prohibited unless
authorized by the Captain of the Port, Portland, Maine.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port, Portland, Maine or designated on-
scene U. S. Coast Guard patrol personnel. On-
[[Page 67489]]
scene Coast Guard patrol personnel include commissioned, warrant and
petty officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, local, state, and federal law enforcement vessels.
(3) No person may enter the waters within the boundaries of the
security zone unless previously authorized by the Captain of the Port,
Portland, Maine or his authorized patrol representative.
Dated: December 7, 2001.
M. P. O'Malley,
Commander, U.S. Coast Guard Captain of the Port, Portland, Maine.
[FR Doc. 01-32119 Filed 12-28-01; 8:45 am]
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