[Federal Register Volume 67, Number 9 (Monday, January 14, 2002)]
[Rules and Regulations]
[Pages 1607-1610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-860]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

CGD01-01-211

RIN 2115-AA97


Safety and Security Zone; Pilgrim Nuclear Power Plant, Plymouth, 
MA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety and security 
zones around the Pilgrim Nuclear Power Plant in Cape Cod Bay, Plymouth, 
MA from November 15, 2001 until June 15, 2002. The safety and security 
zones will temporarily close all waters within an approximate 1000-yard 
distance from the plant, and will also close shore areas adjacent to 
the plant. The safety and security zones prohibit entry into or 
movement within a portion of Cape Cod Bay and adjacent shore

[[Page 1608]]

areas and are needed to ensure public safety and prevent sabotage or 
terrorist acts.

DATES: This rule is effective from November 15, 2001 until June 15, 
2002.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at Marine Safety Office Boston, 455 Commercial 
Street, Boston, MA between the hours of 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (junior grade) Dave Sherry, 
Marine Safety Office Boston, Maritime Security Operations Division, at 
(617) 223-3030.

SUPPLEMENTARY INFORMATION:

Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553, the Coast Guard finds that good cause 
exists for not publishing an NPRM. On September 11, 2001, two 
commercial aircraft were hijacked from Logan Airport in Boston, 
Massachusetts and flown into the World Trade Center in New York, New 
York inflicting catastrophic human casualties and property damage. 
National security and intelligence officials warn that future terrorist 
attacks against civilian targets may be anticipated.
    The Pilgrim Nuclear Power Plant is bordered on one side by water, 
exposing it to possible attack initiated from waters surrounding the 
power plant. Due to the potential catastrophic effect an exposure of 
radiation from the nuclear processes at the plant would have on the 
surrounding area, this rulemaking is urgently required to prevent 
potential future terrorist strikes against the Pilgrim 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 Pilgrim 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 terrorist attacks against the 
Pilgrim Nuclear Power Plant. They are needed to protect the facility, 
persons at the facility, the public and the surrounding community from 
potential sabotage or other subversive activity, and terrorist attacks, 
either from the water or by land through access to public trust lands 
between the low water and high water tide lines adjacent to the 
facility. 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. These zones should have minimal impact 
on the users of Cape Cod Bay as vessels are able to pass safely outside 
the zones. Public notifications will be made to the maritime community 
via notice to mariners and marine information broadcasts informing them 
of boundaries of the zones.

Background and Purpose

    In light of terrorist attacks on New York City and Washington, DC, 
on September 11, 2001, safety and security zones are being established 
to safeguard the Pilgrim 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 
Pilgrim Nuclear Power Plant presents a possible target of terrorist 
attack, due to the potential catastrophic impact nuclear radiation 
would have on the surrounding area, its large destructive potential if 
struck, and its proximity to a population center. These safety and 
security zones prohibit entry into or movement within the specified 
areas.
    This rulemaking establishes security and safety zones having 
identical boundaries in all waters of Cape Cod Bay and land adjacent to 
those waters enclosed by a line as follows: beginning at position 
41 deg.57'30" N, 070 deg.34'36" W; then running southeast to position 
41 deg.56'36" N, 070 deg.33'30" W; then running southwest to position 
41 deg.56'28" N, 070 deg.34'38" W; then running northwest to position 
41 deg.56'50" N, 070 deg.34'58" W; then running northeast back to 
position 41 deg.57'30" N, 070 deg.34'36" W. This rulemaking also 
removes safety and security zones established on September 24, 2001 
under temporary rulemaking 33 CFR 165.T01-171(a)(4) (66 FR 49280, Sept. 
27, 2001). That rulemaking established safety and security zones with 
identical boundaries in the following area: All waters of Plymouth Bay 
within a five hundred (500) yard radius of the cooling water discharge 
canal at the Pilgrim Nuclear Power Plant, Plymouth, MA. Those safety 
and security zones did not extend to the full boundaries of the 
facility. This rulemaking is necessary to provide complete protection 
of the waterfront areas of the Pilgrim Nuclear Power Plant. The 
increase of the boundaries of the zones seaward is necessary to ensure 
enforcement authorities enforcing the zone ample area to adequately 
prevent any incursions of the zone allowing access to the plant. The 
safety and security zones established in this rulemaking extend the 
safety and security zones established in section 165.T01-171(a)(4) to 
an area roughly 1000-yards from the shoreline of the facility. That 
section, 165.T01-171 (a)(4), was also temporarily removed by temporary 
rulemaking 33 CFR 165.T01-201 effective November 5 to November 15, 
2001. The safety and security zones also close shore areas immediately 
adjacent to the facility to prevent access to the facility from the 
shore area.
    No person or vessel may enter or remain in the prescribed safety 
and security zones at any time without the permission of the Captain of 
the Port. Each person or vessel in a safety and security zone shall 
obey any direction or order of the Captain of the Port or designated 
Coast Guard representative on-scene. The Captain of the Port 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. These regulations are issued under authority 
contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225 and 1226.

Regulatory Evaluation

    This 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 rule 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 Cape Cod Bay, 
and advance notifications will be made to the local maritime community 
by marine information broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), 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

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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 
Cape Cod Bay. For the reasons enumerated in the Regulatory Evaluation 
section above, these safety and security zones 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 
wants to assist small entities in understanding this final rule so that 
they can better evaluate its effects on them and participate in the 
rulemaking. If your small business or organization would be affected by 
this final rule and you have questions concerning its provisions or 
options for compliance, please call Lieutenant (junior grade) Dave 
Sherry, Marine Safety Office Boston, at (617) 223-3000. 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 
the Coast Guard, call 
1-888-REG-FAIR (1-888-734-3247).

Collection of Information

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

Federalism

    The Coast Guard 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 direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This 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 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

    The Coast Guard 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 
pose 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

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under figure 2-1, (34)(g), of Commandant 
Instruction M16475.lD, 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 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
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. Remove temporary Sec. 165.T01-171(a)(4).

    3. From November 15, 2001 until June 15, 2002, add temporary 
Sec. 165.T01-211 to read as follows:


Sec. 165.T01-211  Safety and Security Zones: Pilgrim Nuclear Power 
Plant, Plymouth, Massachusetts.

    (a) Location. All waters and land enclosed by a line beginning at 
position 41 deg.57'30" N, 070 deg.34'36" W; then running southeast to 
position 41 deg.56'36" N, 070 deg.33'30" W; then running southwest to 
position 41 deg.56'28" N, 070 deg.34'38" W; then running northwest to 
position 41 deg.56'50" N, 070 deg.34'58" W; then running northeast back 
to position 41 deg.57'30" N, 070 deg.34'36" W.
    (b) Regulations. (1) In accordance with the general regulations in 
Secs. 165.23 and 165.33 of this part, entry into or movement within 
this zone is prohibited unless authorized by the Captain of the Port 
Boston.
    (2) All vessel operators shall comply with the instructions of the 
COTP or the 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 or land area within the 
boundaries of the safety and security zones unless previously 
authorized by the Captain of the Port, Boston or his authorized patrol 
representative.


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    Dated: November 15, 2001.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-860 Filed 1-11-02; 8:45 am]
BILLING CODE 4910-15-P