[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23016]


[[Page Unknown]]

[Federal Register: September 16, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-94-138]
RIN 2115-AA97

 

Security Zone; Indian Point Nuclear Power Station, Indian Point, 
NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a security zone in the waters 
of the Hudson River off of Indian Point, New York. This zone is needed 
to protect the Indian Point Nuclear Power Station from destruction, 
loss, or injury from sabotage or other subversive acts, accidents, or 
other causes of a similar nature, that may occur as a result of a 
marine regatta. This zone will preclude vessel traffic from transiting 
a portion of the east bank of the Hudson River south of Indian Point, 
New York. Entry into or movement within this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port, New York.

EFFECTIVE DATE: This regulation is effective from 12 p.m. until 3 p.m. 
on September 18, 1994, unless extended or terminated sooner by the 
Coast Guard Captain of the Port, New York.

FOR FURTHER INFORMATION CONTACT:
LT Rosanne Trabocchi, Project Manager, Captain of the Port, New York 
(212) 668-7933.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of this notice are LT Rosanne Trabocchi, Project 
Manager, Captain of the Port, New York and LCDR J.D. Stieb, Project 
Attorney, First Coast Guard District, Legal Office.

Regulatory History

    Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) 
was not published for this regulation and good cause exists for not 
publishing an NPRM as well as making it effective less than 30 days 
after Federal Register publication. Due to the late notification of 
this rally and regatta, there was insufficient time to draft and 
publish a notice of proposed rulemaking that allows for a reasonable 
comment period prior to the event. There was also insufficient time for 
publication of this temporary final rule 30 days prior to the event. 
The delay encountered if normal rulemaking procedures were followed 
would effectively cancel this event. Cancellation of this event is 
contrary to the public interest in allowing the freedom of speech and 
assembly.

Background and Purpose

    Greenpeace submitted an application to hold a marine regatta as 
part of their Rally and Flotilla for Clean Energy on September 18, 
1994. Approximately twenty (20) sailboats and small yachts will sail in 
the Hudson River past the Indian Point Nuclear Power Station, Indian 
Point, New York, to demonstrate support for their land based rally. 
This security zone is needed to protect this waterfront facility from 
damage or injury. This facility has several water intakes that extend 
into the Hudson River. This security zone is needed to keep vessels and 
swimmers at a safe distance from the water intakes in order to prevent 
the discharge of debris for the purpose of clogging the water intakes. 
This security zone prohibits vessel traffic in all waters of the Hudson 
River 100 yards off of the Indian Point Nuclear Power Station, Indian 
Point, New York. This security zone has been narrowly tailored to 
impose the least impact on participants and maritime interests yet 
provide the level of security necessary to adequately protect the 
nuclear power station. Entry into or movement within this security zone 
is prohibited unless authorized by the Coast Guard Captain of the Port, 
New York.

Regulatory Evaluation

    This regulation 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. It has been exempted from review by the Office of 
Management and Budget 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 regulation to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of DOT is unnecessary. This security zone precludes 
vessel traffic from transiting a portion of the east bank of the Hudson 
River south of Indian Point, New York. However, due to the fact that 
the duration of the event is limited; that this portion of the Hudson 
River is 1,300 yards wide, allowing ample room for the safe transit of 
vessel traffic without hindering the participants in this marine 
regatta; that the event is on a Sunday, meaning that commercial and 
recreational traffic is minimal; that this regulation is consistent 
with the sponsor's plans and causes no impact to the regatta course; 
that there is no impact to the course planned by the sponsor of the 
marine regatta; and that extensive, advance, notifications will be made 
to the maritime community, the Coast Guard expects the economic impact 
of this regulation to be so minimal that a Regulatory Evaluation is 
unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this regulation will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under Section 3 of the Small 
Business Act (15 U.S.C. 632).
    For reasons set forth in the above Regulatory Evaluation, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this regulation will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501).

Federalism

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this regulation does not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that under section 2.B.2.e. of commandant 
Instruction M16475.1B, it is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination will 
be included in the docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    For reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 165 as follows:

PART 165--[AMENDED]

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.5.

    2. A temporary section, 165.T01-138 is added to read as follows:


Sec. 165.T01-138  Security Zone: Indian Point Nuclear Power Station, 
Indian Point, NY

    (a) Location. The following area is a Security Zone: All waters of 
the Hudson River out 100 yards from the shoreline off Indian Point, New 
York, bounded by the following points; the northermost point of Indian 
Point, New York, at or near 41 deg.16'30'' N latitude and 
073 deg.56'50'' W longitude, then northwest to a point located 100 
yards off shore, at or near 41 deg.16'33'' N latitude and 
073 deg.56'54'' W longitude, then south, approximately 1300 yards, to a 
point located 100 yards off shore, at or near 41 deg.16'04'' N latitude 
and 073 deg.57'30'' W longitude, then southeast to a point located on 
land near the lighted poles, at or near 41 deg.16'30'' N latitude and 
073 deg.56'50'' W longitude, then north along the New York shoreline to 
the point of origin.
    (b) Effective period. This section is effective from 12 p.m. until 
3 p.m. on September 18, 1994, unless extended or terminated sooner by 
the Coast Guard Captain of the Port, New York.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.33 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on scene patrol 
personnel. U.S. Coast Guard patrol personnel include commissioned, 
warrant, and petty officers of the Coast Guard. Upon being hailed by a 
U.S. Coast Guard vessel via siren, radio, flashing light, or other 
means, the operator of a vessel shall proceed as directed.

    Dated: September 7, 1994.
J. Rutkovsky,
Commander, U.S. Coast Guard, Captain of the Port, New York, Acting.
[FR Doc. 94-23016 Filed 9-15-94; 8:45 am]
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