[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Rules and Regulations]
[Pages 38753-38755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19179]


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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 
Strait, and Suisun Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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 Strait, 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 San Francisco Main Ship 
Channel buoys 7 and 8 to the Weapons Support Facility Seal Beach 
Detachment Concord on Suisun Bay. The zone will remain in effect while 
the transport vessels are moored at the Weapons Support Facility Seal 
Beach Detachment Concord until all nuclear materials cargo operations 
have been completed.
    The purposes of this safety/security zone are three-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; to protect the environment against potential harm; 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: This rule becomes effective July 8, 1998.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Mark Dix, U.S. Coast Guard Marine Safety Office 
San Francisco Bay, at (510) 437-3073.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On May 7, 1998, the Coast Guard published a notice of proposed 
rulemaking entitled Safety/Security Zone: San Francisco Bay, San Pablo 
Bay, Carquinez Strait, and Suisun Bay, CA in the Federal Register (63 
FR 25189-25191). The comment period ended July 6, 1998. The Coast Guard 
received no comments on the proposal. No public hearing was requested, 
and none was held.
    Good cause exists for making this rule effective prior to 
publication of this Final Rule in the Federal Register because the 
shipments of spent nuclear materials necessitating promulgation of this 
safety/security zone may begin immediately. Consequently, shipments of 
spent nuclear materials might occur prior to the effective date of this 
regulation if the regulation does not become effective until 30 days 
after publication of this Final Rule in the Federal Register, creating 
hazardous, unsafe navigation conditions and serious national security 
concerns during the shipments.

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 several 
shipments of foreign research reactor spent nuclear fuel at the Weapons 
Support Facility Seal Beach Detachment Concord in Concord, CA over a 
period of years. As such, DOE is responsible for the shipments 
necessitating promulgation of this safety/security zone.
    The Coast Guard is establishing a temporary moving safety/security 
zone around any/all vessels 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 Strait, and Suisun Bay, CA, and at the Weapons Support 
Facility Seal Beach Detachment.
    The Coast Guard does not anticipate that maritime traffic will be 
significantly impacted by the promulgation of this safety/security zone 
because the transit of the transport vessel(s) is expected to be 
expeditious, and it has been scheduled on a day and time of 
historically light maritime traffic, so as to maximize safety and 
minimize any delay or inconvenience caused by the shipment. The 
purposes of this safety/security zone are three-fold: (1.) Pursuant to 
33 CFR 165.23, to ensure the safety of the participant transport 
vessel(s) and crew, and of all other vessels and crew in the vicinity 
of the participant transport vessel(s) (2.) pursuant to 33 CFR 165.23, 
to protect the environment against potential harm; and, (3.) pursuant 
to 33 CFR 165.33, to ensure the security of the participant transport 
vessel(s), 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 moving zone during transport vessel 
transit, including any emergency mooring or anchoring, except as may be 
authorized by Commander, Eleventh Coast Guard District, or his 
designated representative.

Discussion

    The safety/security zone will extend 200 yards ahead and astern, 
and 100 yards to each side of each vessel carrying the nuclear 
materials, during transit from San Francisco Main Ship Channel buoys 7 
and 8 to the Weapons Support Facility Seal Beach Detachment Concord on 
Suisun Bay. Once each vessel carrying the nuclear materials is safely 
moored, the zone will close to encompass all waters within 100 yards of 
each 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 within this zone, except as may be 
authorized by Commander, Eleventh Coast Guard District, or his 
designated representative.

[[Page 38754]]

    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 Guard 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, 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.

Discussion of Comments

    No comments were received.

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 10e of the regulatory policies 
and procedures of DOT is unnecessary. Maritime traffic will not be 
significantly impacted because of the expeditious nature of the transit 
necessitating this safety/security 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 regulation 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 regulation 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 regulation 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 (510) 437-3073.

Collection of Information

    This regulation contains no collection of information requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).

Federalism

    The Coast Guard has analyzed this regulation under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this regulation 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 
regulation and concluded that under Chapter 2.B.2. of Commandant 
Instruction M16475.1C, Figure 2-1, paragraph (34), it will have no 
significant environmental impact and it is categorically excluded from 
further environmental documentation. A Categorical Exclusion 
Determination and Environmental Analysis Checklist is on file in the 
rulemaking docket, and is available for inspection at the address 
referenced 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 effected 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.

Regulation

    In consideration of the foregoing, Subpart F of Part 165 of Title 
33, Code of Federal Regulations, is amended 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; CFR 1.05-1(g), 6.04-1, 
6.04-6 and 160.5; 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 Strait, and Suisun Bay, CA.

    (a) Regulated area. The following area is established as a moving 
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 San Francisco Main Ship Channel buoys 7 and 8 (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 at 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 such vessels described in 
paragraph (a)(1) of this section while such vessels are conducting 
cargo operations at the Weapons Support Facility Seal Beach Detachment 
Concord.

[[Page 38755]]

    (b) Notification. Commander, Eleventh Coast Guard 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 
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 in 33 CFR 165.33 apply. 
Entry into, transit through, or anchoring within this moving safety/
security zone is prohibited unless authorized by Commander, Eleventh 
Coast Guard District, or his designated representative.

    Dated: July 7, 1998.
R.D. Sirois,
Captain, U.S. Coast Guard, Commander, Eleventh Coast Guard District 
Acting.
[FR Doc. 98-19179 Filed 7-17-98; 8:45 am]
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