[Federal Register Volume 66, Number 243 (Tuesday, December 18, 2001)]
[Rules and Regulations]
[Pages 65105-65107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31172]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-206]
RIN 2115-AA97


Security Zone: Maine Yankee Nuclear Power Plant, Wiscasset, Maine

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary security zone 
around the Maine Yankee Power Plant in Wiscasset, Maine, temporarily 
closing all land and waters surrounding Bailey Point and Foxbird 
Island. This security zone prohibits entry into or movement within a 
portion of the Back River and adjacent land areas and is needed to 
ensure public safety and prevent sabotage or terrorist acts. Entry into 
this security zone is prohibited unless authorized by the Captain of 
the Port, Portland, Maine.

DATES: This rule is effective from December 10, 2001 until June15, 
2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the

[[Page 65106]]

docket are part of docket CGD01-01-206 and are available for inspection 
or copying at Marine Safety Office Portland, Maine, 103 Commercial 
Street, Portland, Maine between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) W. W. Gough, 
Chief, Ports and Waterways Safety Branch, Port Operations Department, 
Captain of the Port, Portland, Maine at (207) 780-3251.

SUPPLEMENTARY INFORMATION:

Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. On September 11, 2001, 
terrorist attacks in New York and Washington DC inflicted catastrophic 
human casualties and property damage. National security and 
intelligence officials warn that future terrorist attacks against 
civilian targets may be anticipated. The Maine Yankee Nuclear Plant is 
located on a peninsula, surrounded by water, exposing it to possible 
attack initiated from waters surrounding the power plant. Due to the 
catastrophic effect an exposure to radiation from the nuclear material 
stored at the plant would have on the surrounding area, this rulemaking 
is urgently required to prevent potential future terrorist strikes 
against the Maine Yankee Nuclear Power Plant. The delay inherent in the 
NPRM process is contrary to the public interest insofar as it may 
render people and facilities within and adjacent to the Maine Yankee 
Nuclear Power Plant property vulnerable to subversive activity, 
sabotage or terrorist attack.
    Under 5 U.S.C. 553 (d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The measures implemented in this 
rule are intended to prevent possible terrorists attacks against the 
Maine Yankee Nuclear Power Plant, and are needed to protect the 
facility, persons at the facility, the public and the surrounding 
communities from potential sabotage or other subversive activity, 
sabotage and terrorists attacks, either from the water or by access to 
the facility by utilizing public trust lands between the low and high 
water tide lines. Immediate action is required to accomplish these 
objectives. Any delay in the effective date of this rule is 
impracticable and contrary to the public interest. This zone should 
have minimal impact on the users of Bailey Point, Foxbird Island and 
the surrounding waters, as this zone only restricts movement adjacent 
to the Bailey Point, allowing vessels to pass safely outside the zones. 
Public notifications will be made to the maritime community via notice 
to mariners, marine information broadcasts and signs posted informing 
them of the boundaries of the zones.

Background and Purpose

    In light of terrorist attacks on New York City and Washington DC on 
September 11, 2001 a security zone is being established to safeguard 
the Maine Yankee Nuclear Power Plant, persons at the facility, the 
public and surrounding communities from sabotage or other subversive 
acts, accidents, or other events of a similar nature. The Maine Yankee 
Nuclear Plant is located on a peninsula, surrounded by water, making it 
vulnerable to possible attack initiated from waters surrounding the 
power plant. The Maine Yankee Nuclear Power Plant presents a possible 
target of terrorist attack due to the catastrophic impact release of 
nuclear radiation would have on the surrounding area.
    This rulemaking establishes a security zone in all land and waters 
surrounding Bailey Point and Foxbird Island within a zone beginning at 
position 43 deg.57'23" N, 069 deg.41'17" W then running southeasterly 
to 43 deg.56'40" N, 069 deg.41'40" W then running west to 43 deg.56'40" 
N, 069 deg.41'56" W then running north to 43 deg.57'06" N, 
069 deg.41'56" W then running north-northeasterly to 43 deg.57'21" N, 
069 deg.41'48" W then running north-northwesterly to 43 deg.57'39" N, 
069 deg.41'52" W then south-southeasterly to the point of origin.
    This rulemaking is necessary to provide complete protection of the 
waterfront areas of the Maine Yankee Nuclear Power Plant. This security 
zone prohibits entry into or movement within the specified areas. This 
security zone also closes all lands within the zone to prevent access 
along areas traditionally reserved for public use between the mean low 
water tide line and the mean high water tide line.
    No person or vessel may enter or remain in the prescribed security 
zone at any time without the permission of the Captain of the Port, 
Portland, Maine. Each person or vessel in a security zone shall obey 
any direction or order of the Captain of the Port, Portland, Maine. The 
Captain of the Port, Portland, Maine may take possession and control of 
any vessel in a security zone and/or remove any person, vessel, article 
or thing from a security zone. No person may board, take or place any 
article or thing on board any vessel or waterfront facility in a 
security zone without permission of the Captain of the Port, Portland, 
Maine. These regulations are issued under authority contained in 33 
U.S.C. 1223, 1225 and 1226.

Regulatory Evaluation

    This temporary final 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).
    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. The effect of 
this regulation will not be significant for several reasons: there is 
ample room for vessels to navigate around the zones in the Back River, 
notifications will be made to the local maritime community and signs 
will be posted informing the public of the boundaries of the zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this 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 rule will not have a significant economic 
impact on a substantial number of small entities. This rule will affect 
the following entities, some of which may be small entities: the owners 
or operators of vessels intending to transit or anchor in a portion of 
the Back River. For the reasons enumerated in the Regulatory Evaluation 
section above, this security zone will not have a significant economic 
impact on a substantial number of small entities.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
offers to assist small entities in understanding this rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking. If your small business or

[[Page 65107]]

organization is affected by this final rule and you have questions 
concerning its provisions or options for compliance, please call 
Lieutenant (Junior Grade) Wade W. Gough, Marine Safety Office Portland, 
Maine, at (207) 780-3251. Small businesses may send comments on the 
actions of Federal employees who enforce, or otherwise determine 
compliance with, Federal regulations to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of Coast 
Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

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

Federalism

    The Coast Guard has analyzed this rule under Executive Order 13132 
and has 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 costs without 
the Federal government's having first provided the funds to pay those 
costs. This rule will not impose an unfunded mandate.

Taking of Private Property

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

Protection of Children

    The Coast Guard has analyzed this 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 
create 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, 
because it does not have 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

    The Coast Guard has considered the environmental impact of this 
regulation and concluded that, under Figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1D, this rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket where indicated under 
ADDRESSES.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 165

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

    For the reasons set out 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, 160.5; 49 CFR 1.46.

    2. Add temporary section, 165.T01-206, to read as follows:


Sec. 165.T01-206  Security Zone; Maine Yankee Nuclear Power Plant, 
Wiscasset, Maine.

    (a) Location. The following area is a security zone: All land and 
waters surrounding Bailey Point and Foxbird Island within a zone 
beginning at position 43 deg.57'23" N, 069 deg.41'17" W then running 
southeasterly to 43 deg.56'40" N, 069 deg.41'40" W then running west to 
43 deg.56'40" N, 069 deg.41'56" W then running north to 43 deg.57'06" 
N, 069 deg.41'56" W then running north-northeasterly to 43 deg.57'21" 
N, 069 deg.41'48" W then running north-northwesterly to 43 deg.57'39" 
N, 069 deg.41'52" W then south-southeasterly to the point of origin.
    (b) Effective date. This section is effective from December 10, 
2001 until June 15, 2001.
    (c) Regulations.
    (1) In accordance with the general regulations in section 165.33 of 
this part, entry into or movement within this zone is prohibited unless 
authorized by the Captain of the Port, Portland, Maine.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port, Portland, Maine or designated on-
scene U. S. Coast Guard patrol personnel. On-scene Coast Guard patrol 
personnel include commissioned, warrant and petty officers of the Coast 
Guard on board Coast Guard, Coast Guard Auxiliary, local, state, and 
federal law enforcement vessels.
    (3) No person may enter the waters within the boundaries of the 
security zone unless previously authorized by the Captain of the Port, 
Portland, Maine or his authorized patrol representative.
    (d) In addition to 33 U.S.C. 1231 and 49 CFR 1.46, the authority 
for this section includes 33 U.S.C. 1226.

    Dated: December 7, 2001.
M.P. O'Malley,
Commander, U.S. Coast Guard, Captain of the Port, Portland, Maine.
[FR Doc. 01-31172 Filed 12-17-01; 8:45 am]
BILLING CODE 4910-15-P