[Federal Register Volume 67, Number 19 (Tuesday, January 29, 2002)]
[Proposed Rules]
[Pages 4218-4220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2209]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-002]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking; notice of meeting.

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

SUMMARY: The Coast Guard is proposing to establish permanent safety and 
security zones around the Pilgrim Nuclear Power Plant in Cape Cod Bay, 
Plymouth, MA. The safety and security zones will 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 
will prohibit entry into or movement within a portion of Cape Cod Bay 
and adjacent shore areas and are needed to ensure public safety and 
prevent sabotage or terrorist acts.

DATES: Comments and related materials must reach the Coast Guard on or 
before April 15, 2002. A public meeting will take place on Wednesday, 
February 6, 2002, at 7 p.m.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Boston, 455 Commercial Street, Boston, MA 02109. Marine Safety 
Office Boston maintains the public docket for this rulemaking. Comments 
and materials received from the public, as well as documents indicated 
in this preamble as being available in the docket, will become part of 
the docket and will be available for inspection or copying at Marine 
Safety Office Boston between the hours of 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays. The meeting will take place at 
the Plymouth Elks Club located on Long Pond Road, Plymouth, MA. This 
notice will be made available online at www.uscg.mil/d1/units/msobos/.

FOR FURTHER INFORMATION CONTACT: LT Dave Sherry, Marine Safety Office

[[Page 4219]]

Boston, Maritime Security Operations Division, at (617) 223-3030.

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 (CGD01-02-
002), 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 
your comments 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

    The Coast Guard plans to hold a public meeting on February 6, 2002 
to discuss the proposed rule. Because this notice is close in time to 
the meeting, the Coast Guard will ensure the widest dissemination of 
notice of this meeting through e-mails and phone calls to interested 
organizations, web site releases, and press releases to local 
newspapers.
    The following agenda has been prepared for the meeting:
    (1) Introduction of Coast Guard, local and state law enforcement, 
Pilgrim Power Plant, and Lobstermen Association personnel.
    (2) Presentation of NPRM requirements.
    (3) Discussion of potential conflicts created by the NPRM and 
proposed solutions to these conflicts.
    (4) Scheduling of additional meetings (if deemed necessary).
    For information regarding this meeting contact LT Dave Sherry at 
the address listed under ADDRESSES. If you want the Coast Guard to hold 
additional meetings, you may contact LT Dave Sherry with a request in 
writing explaining why you believe one would be beneficial. If we 
determine an additional meeting would aid in this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    In light of terrorist attacks on New York City and Washington DC on 
September 11, 2001 permanent safety and security zones are proposed 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 proposed safety and 
security zones prohibit entry into or movement within the specified 
areas.
    This proposed rulemaking will establish 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 proposed rulemaking proposes to make permanent temporary 
safety and security zones established on November 15, 2001 (67 FR 1607, 
January 14, 2002) under temporary section 165.T01-211 of Title 33 of 
the Code of Federal Regulations (CFR). That rulemaking established 
safety and security zones with identical boundaries in the rulemaking 
proposed herein. This rulemaking is necessary to provide permanent 
protection of the waterfront areas of the Pilgrim Nuclear Power Plant.
    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.
    Any violation of any safety or security zone proposed herein, is 
punishable by, among others, civil penalties (not to exceed $25,000 per 
violation, where each day of a continuing violation is a separate 
violation), criminal penalties (imprisonment for not more than 10 years 
and a fine of not more than $100,000), in rem liability against the 
offending vessel, and license sanctions. This regulation is proposed 
under the authority contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225 
and 1226.

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).
    The Coast Guard expects 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. The 
effect of this proposed 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 via marine information broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard 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 will not have a significant 
economic impact on a substantial number of small entities.
    This proposed rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit, anchor, or conduct commercial fishing operations 
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.
    A public meeting will take place to evaluate the impact of this 
proposed rule on the commercial fishing industry and others. The 
regulation may be amended as a result of these impacts.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121],

[[Page 4220]]

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. If your small business or organization 
would be affected by this proposed rule and you have questions 
concerning its provisions or options for compliance, please call 
Lieutenant Dave Sherry, Marine Safety Office Boston, at (617) 223-3030.
    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 proposed 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 proposed 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 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

    The Coast Guard analyzed this rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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 proposed 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 
proposed 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 proposed 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 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 Sec. 165.115 to read as follows:


Sec. 165.115  Safety and Security Zones: Pilgrim Nuclear Power Plant, 
Plymouth, Massachusetts.

    (a) Location. All waters and land of Cape Cod Bay 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) Effective date. This section is effective beginning June 15, 
2002.
    (c) Regulations.
    (1) In accordance with the general regulations in Secs. 165.23 and 
165.33, 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.

    Dated: January 16, 2002.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts.
[FR Doc. 02-2209 Filed 1-25-02; 2:35 pm]
BILLING CODE 4910-15-U