[Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
[Proposed Rules]
[Pages 25189-25191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12137]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD11-98-005]
RIN 2115-AA97
Safety/Security Zone; San Francisco Bay, San Pablo Bay, Carquinez
Straits, and Suisun Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a moving safety/security
zone around vessels transporting foreign research reactor spent nuclear
materials on the navigable waters of San Francisco Bay, San Pablo Bay,
Carquinez Straits, and Suisun Bay, CA. The zone will extend 200 yards
ahead and astern, and 100 yards to each side of each vessel carrying
the nuclear materials, during transit from buoys 7 and 8 in the San
Francisco Bay Traffic Lane to the Weapons Support Facility Seal Beach
Detachment Concord on Suisun Bay. When the vessel is safely moored at
the Weapons Support Facility, the zone will close to encompass all
waters within 100 yards of the vessels and will remain so until all
nuclear materials cargo handling operations have been completed.
The purpose of this safety/security zone are two-fold: To ensure
the safety of the participant transport vessels and crew, and of all
other vessels and crew in the vicinity of the participant transport
vessels; and to ensure the security of the participant transport
vessels, and of the property of the United States Government contained
on those vessels, against sabotage or other subversive and/or
disruptive acts. No persons or vessels will be allowed to enter,
operate, or anchor within this zone, except as may be authorized by
Commander, Eleventh Coast Guard District, or his designated
representative.
DATES: Comments must be received on or before July 6, 1998.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Mark Dix, Coast Guard Marine Safety Office San
Francisco Bay, at (510) 437-3073, between the hours of 7:30 a.m. and 4
p.m. PDT, Monday through Friday, except federal holidays.
ADDRESSES: U.S. Coast Guard Marine Safety Office San Francisco Bay,
Building 14, Coast Guard Island, Alameda, CA 94501-5100.
SUPPLEMENTARY INFORMATION:
Request for Comments
Interested persons are invited to participate in this rulemaking by
submitting written views, data, or arguments. Persons submitting
comments should include their names and addresses, identifying this
proposal by docket number (CGD11-98-005) and the specific section of
this proposal to which their comments apply, and give reasons for each
comment. Receipt of comments will be acknowledged if a stamped, self-
addressed postcard or envelope is enclosed. All comments received
before the expiration of the comment period will be considered before
final action is taken on this proposal. The proposed rule may be
changed in light of comments received. No public hearing on this
proposal is planned, but one may be held if written requests for a
hearing are received and it is determined that the opportunity for oral
presentation will enhance the rulemaking process.
Background and Purpose
As part of a major national security objective to further the
objectives of the 1968 Treaty On Non-Proliferation of Nuclear Weapons,
the United States Department of Energy (DOE) will be receiving
shipments of foreign research reactor spent nuclear fuel at the Weapons
Support Facility Seal Beach Detachment Concord in Concord, CA. As such,
DOE is responsible for the shipments necessitating promulgation of this
safety/security zone.
The Coast Guard proposes to establish a moving safety/security zone
around each vessel transporting these foreign research reactor spent
nuclear materials on behalf of DOE and the United States Government on
the navigable waters of San Francisco Bay, San Pablo Bay, Carquinez
Straits, and Suisun Bay, CA, and at the Weapons Support Facility Seal
Beach Detachment Concord.
The Coast Guard does not anticipate that maritime traffic will be
significantly impacted by the promulgation of this safety/security zone
because DOE has advised that there will be irregular and infrequent
shipments, and that expeditious transits will be scheduled for days and
times of light maritime traffic so as to maximize safety and minimize
any delay or inconvenience caused by the shipments. The purposes of
this safety/security zone are two-fold: (1) Pursuant to 33 CFR 165.23,
to ensure that safety of the participant transport vessels and crew,
and of all other vessels and crew in the vicinity of the participant
transport vessels; and, (2) pursuant to 33 CFR 165.33, to ensure the
security of the participant transport vessels, and of the property of
the United States Government contained on those vessels, against
sabotage or other subversive and/or disruptive acts.
Discussion and Proposed Rule
The proposed safety/security zone will extend 200 yards ahead and
astern, and 100 yards to each side of vessels carrying the nuclear
materials, during transit from buoys 7 and 8 in the San Francisco Bay
Traffic Lane (LLNR 4190 & 4195, positions 37 deg.46.9'N, 122 deg.35.4'W
& 37 deg.46.5'N, 122 deg.35.2'W, respectively) to the Weapons Support
Facility Seal Beach Detachment Concord on Suisun Bay (position
38 deg.03.3'N, 122 deg.02.5'W). Once the vessel is safety moored, the
zone will close to encompass all waters within 100 yards of the vessel
and will remain so until all nuclear materials cargo handling
operations have been completed. No persons or vessels will be allowed
to enter, operate, or anchor, including any emergency mooring or
anchoring, within this zone during the vessel's transit and subsequent
cargo handling operations except as may be authorized by Commander,
Eleventh Coast Guard District, or his designated representative.
DOE anticipates that these shipments will take place at irregular
intervals for an undetermined period of years. Thus, the actual dates
and times that this safety/security zone will be activated are not
known by the Coast at this time. The Eleventh Coast Guard District
Commander will cause notice of the activation of this safety/security
zone to be made by all appropriate means to effect the widest publicity
among the affected segments of the public, including publication in the
Federal Register as practicable, in accordance with the provisions of
33 CFR 165.7(a); such means of announcement may include, but are not
limited to,
[[Page 25190]]
Broadcast Notice to Mariners. The Coast Guard will also issue a
Broadcast Notice to Mariners notifying the public when nuclear
materials cargo handling has been completed.
Regulatory Evaluation
This proposal 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. Maritime traffic will not be significantly impacted
because of the infrequent transits necessitating activation of this
safety zone, and the limited duration of the zone during transit and
cargo operations.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include small businesses and not-for-profit
organizations that are not dominant in their respective fields, and
governmental jurisdictions with populations less than 50,000. For the
same reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted,
is not expected to have a significant economic impact on any
substantial number of entities, regardless of their size.
Assistance for Small Entities
In accordance with 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 proposed rule so
that they can better evaluate its effects on them and participate in
the rulemaking process. If your small business or organization is
affected by this rule and you have questions concerning its provisions
or options for compliance, please contact LCDR Mark Dix, Coast Guard
Marine Safety Office San Francisco Bay, at the address listed in
ADDRESSES.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposed rule does not have sufficient Federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
rulemaking in accordance with Figure 2-1, paragraph (34)(g), of
Commandant Instruction M16475.1C, and has determined that this
particular action is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination and Environmental
Analysis Checklist is in file in the rulemaking docket, and is
available for inspection at the address shown above in the paragraph
entitled FOR FURTHER INFORMATION CONTACT.
A copy of DOE's ``Final Environmental Impact Statement on a
Proposed Nuclear Weapons Nonproliferation Policy Concerning Foreign
Research Reactor Spent Nuclear Fuel'' has also been placed in the
rulemaking docket and is available for inspection at the address shown
above in the paragraph entitled FOR FURTHER INFORMATION CONTACT. To
request your own copy of this document, contact: Charles Head, Program
Manager, Office of Spent Nuclear Fuel Management (EM-67), U.S.
Department of Energy, 1000 Independence Avenue, SW, Washington, DC
20585.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this rule will result in an annual
expenditure by state, local, and tribal governments, in the aggregate
of $100 million (adjusted annually for inflation). If so, the Act
requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected.
No state, local, or tribal government entities will be affected by
this rule, so this rule will not result in annual or aggregate costs of
$100 million or more. Therefore, the Coast Guard is exempt from any
further regulatory requirements under the Unfunded Mandates Act.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Safety measures, Waterways.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend subpart F of part 165 of Title 33, Code of Federal Regulations,
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; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 150.5; 49 CFR 1.46.
2. A new Sec. 165.1115 is added to read as follows:
Sec. 165.1115 Safety/Security Zone: San Francisco Bay, San Pablo Bay,
Carquinez Straits, and Suisun Bay, CA.
(a) Regulated area. The following area is established as a safety/
security zone:
(1) All waters 200 yards ahead and astern and 100 yards to each
side of every vessel transporting nuclear materials on behalf of the
United States Department of Energy while such vessels transit from a
line drawn between buoys 7 and 8 in the San Francisco Bay Traffic Lane
(LLNR 4190 & 4195, positions 37 deg.46.9'N, 122 deg.35.4'W &
37 deg.46.5'N, 122 deg.35.2'W, respectively) until safely moored to the
Weapons Support Facility Seal Beach Detachment Concord on Suisun Bay
(position 38 deg.03.3'N, 122 deg.02.5'W).
All coordinates referenced use datum: NAD 1983.
(2) All waters within 100 yards of each vessel described in
paragraph (a)(1) of this section while moored at the Weapons Support
Facility Seal Beach Detachment Concord until all nuclear materials
cargo handling operations have been completed.
(b) Notification. Commander, Eleventh Coast District, will cause
notice of the activation of this safety/security zone to be made by all
appropriate means to effect the widest publicity among the affected
segments of the public, including publication in the Federal Register
as practicable, in accordance with the provisions of 33 CFR 165.7(a);
such means of announcement may include, but are not limited to,
Broadcast Notice to Mariners. The Coast Guard will issue a Broadcast
Notice to Mariners notifying the public when nuclear materials cargo
handling has been completed.
(c) Effective Period. The safety/security zone will be effective
[[Page 25191]]
commencing at the time any vessel described in paragraph (a)(1) of this
section enters the zone described in paragraph (a)(1) of this section
and will remain in effect until all spent nuclear materials cargo
handling operations have been completed at Weapons Support Facility
Seal Beach Detachment Concord.
(d) Regulations. The general regulations governing safety and
security zones contained in both 33 CFR 165.23 and in 33 CFR 165.33
apply. Entry into, transit through, or anchoring within this safety/
security zone is prohibited unless authorized by Commander, Eleventh
Coast Guard District, or his designated representative.
Dated: April 21, 1998.
J.C. Card,
Vice Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard
District.
[FR Doc. 98-12137 Filed 5-6-98; 8:45 am]
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