[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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