[Federal Register Volume 66, Number 54 (Tuesday, March 20, 2001)]
[Proposed Rules]
[Pages 15678-15680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6904]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-004]
RIN 2115-AA97


Safety Zone: Indian Point Nuclear Power Station, Hudson River.

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
on all waters of the Hudson River within a ten mile radius of the 
Indian Point Nuclear Power Station (IPNPS). This action is necessary to 
provide for the safety of life on navigable waters during an emergency 
at the IPNPS. This action establishes a permanent exclusion area that 
is only active when requested by the Nuclear Regulatory Commission 
(NRC) during activation of the facility's Emergency Planning Zone, and 
is intended to restrict vessel traffic in a portion of the Hudson 
River.

DATES: Comments and related material must reach the Coast Guard on or 
before May 21, 2001.

ADDRESSES: You may mail comments and related material to Waterways 
Oversight Branch (CGD01-01-004), Coast Guard Activities New York, 212 
Coast Guard Drive, room 204, Staten

[[Page 15679]]

Island, New York 10305. The Waterways Oversight Branch of Coast Guard 
Activities New York maintains the public docket for this rulemaking. 
Comments and material received from the public, as well as documents 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at room 204, Coast Guard Activities New York, between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight 
Branch, Coast Guard Activities New York (718) 354-4012.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-00-
004), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Waterways Oversight Branch at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Coast Guard proposes to establish a permanent safety zone that 
will be activated when requested by the NRC during activation of the 
IPNPS Emergency Planning Zone. The IPNPS is located in approximate 
position 41 deg.16'12.4" N 073 deg.57'09.5" W, about 1,600 yards south 
of the Peekskill Bay southern entrance channel. The safety zone 
encompasses all waters of the Hudson River between the Tappan Zee 
Bridge (mile 27.0) to the south, and latitude 41 deg.26'35" N at 
Breakneck Point to the north. The Coast Guard has established this 
safety zone once since 1997. During this incident, a temporary safety 
zone was established for 45 minutes with limited notice for preparation 
by the U.S. Coast Guard and no opportunity for public comment. 
Establishing a permanent safety zone by notice and comment rulemaking 
at least gives the public the opportunity to comment on the proposed 
zone location and size.

Discussion of Proposed Rule

    The IPNPS is located south of Peekskill Bay, NY on the Hudson 
River. The proposed safety zone will only be enacted when requested by 
the NRC during activation of the IPNPS Emergency Planning Zone. The NRC 
will request activation of the safety zone only during a Site Area 
Emergency or a General Emergency. A Site Area Emergency involves actual 
or likely major failures of plant functions needed for the protection 
of the public. A General Emergency involves actual or imminent 
substantial core degradation or melting with potential for loss of 
containment integrity. This rule is being proposed to provide for the 
safety of life on navigable waters during these unplanned emergencies, 
to give the marine community the opportunity to comment on this zone, 
and to enable the Coast Guard to quickly assist the NRC activate their 
emergency plan during a radiological emergency at the IPNPS.
    Generally, the plume exposure pathway for nuclear power plants 
shall consist of an area about 10 miles in radius as defined in 44 CFR 
350. The Coast Guard determined the size of the safety zone by 
referring to the standard determined by State and local governments in 
consultation with the Federal Emergency Management Agency (FEMA) and 
the NRC. On May 3, 1996, FEMA reviewed and approved the State of New 
York Radiological Emergency Response Plan site-specific to the Indian 
Point Nuclear Power Generating Station, which included a 10-mile plume 
exposure pathway.
    During activation of the safety zone, vessels shall not enter the 
zone and vessels within the zone shall immediately proceed out of the 
safety zone staying upwind of the power plant, and therefore out of the 
potential plume exposure area, if possible.

Regulatory Evaluation

    This proposed 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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    This finding is based on the expected infrequency of this zone's 
activation as it has only been activated once in the past four years, 
and we will be excluding personnel from an area that they would not 
want to enter, or remain in, due to the possible exposure hazard.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit or anchor in a portion of the Hudson River during 
the times this zone is activated.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: the 
expected infrequency of this zone's activation as it has only been 
activated once in the past four years, and we will be excluding 
personnel from an area that they would not want to enter, or remain in, 
due to the possible exposure hazard.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking.

[[Page 15680]]

If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Lieutenant M. Day, 
Waterways Oversight Branch, Coast Guard Activities New York (718) 354-
4012.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have 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 direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed 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 a 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

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation. This proposed rule fits 
paragraph 34(g) as it establishes a safety zone. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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 and 160.5; 49 CFR 1.46.

    2. Add Sec. 165.169 to read as follows:


Sec. 165.169  Safety Zone: Indian Point Nuclear Power Station (IPNPS), 
Hudson River.

    (a) Regulated Area. The following area is a safety zone: All waters 
of the Hudson River between the Tappan Zee Bridge (mile 27.0) and 
latitude 41 deg.26'35" N at Breakneck Point.
    (b) Effective Period. This section will only be activated during a 
Site Area or General Emergency at the IPNPS located south of Peekskill 
Bay, NY. Coast Guard Activities New York will cause notice of the 
activation of this safety zone to be made by all appropriate means to 
effect the widest publicity among the affected segments of the public, 
including marine information and facsimile broadcasts.
    (c) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) No vessels will be allowed to enter or remain in the safety 
zone without the permission of the Captain of the Port, New York.
    (3) Vessels located within the safety zone shall immediately 
proceed out of the safety zone, staying upwind of the power plant if 
possible.
    (4) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

    Dated: March 6, 2001.
R.E. Bennis,
Rear Admiral, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 01-6904 Filed 3-19-01; 8:45 am]
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