[Federal Register Volume 67, Number 40 (Thursday, February 28, 2002)]
[Rules and Regulations]
[Pages 9203-9205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4710]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-01-071]

RIN 2115-AA97


Security Zone; Calvert Cliffs Nuclear Power Plant, Chesapeake 
Bay, Calvert County, MD

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
the waters of the Chesapeake Bay, Calvert County, Maryland. This zone 
is necessary to provide for the security of the Calvert Cliffs Nuclear 
Power Plant in response to potential terrorist acts. The security zone 
will prohibit vessels from entering a well-defined area around Calvert 
Cliffs nuclear power plant.

DATES: This rule is effective from 5 p.m. on January 9, 2002, to 5 p.m. 
on June 15, 2002. Comments and related material must reach the Coast 
Guard on or before April 29, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-01-071 and are available for inspection or 
copying at Commander, Coast Guard Activities Baltimore, 2401 Hawkins 
Point Road, Baltimore, Maryland 21226-1791, between 9:30 a.m. and 2 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Charles A. Roskam II, Port Safety 
and Security, Activities Baltimore, 2401 Hawkins Point Road, Building 
70, Baltimore, Maryland, 21226-1791, telephone number (410) 576-2676.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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 a NPRM. Publishing an NPRM, which would 
incorporate a comment period before a final rule was issued, would be 
contrary to the public interest since immediate action is needed to 
protect the public, ports and waterways of the United States. For the 
same reasons, 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.

Request for Comments

    Although the Coast Guard has good cause to implement this 
regulation without engaging in the notice of proposed rulemaking 
process, we want to afford the maritime community the opportunity to 
participate in this rulemaking by submitting comments and related 
material regarding the size, scope and duration of the Regulated 
Navigation Areas, safety zones and security zones in order to minimize 
unnecessary burdens on waterway users. If you do so, please include 
your name and address, identify the docket number for this rulemaking 
[CGD05-01-071], 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 
temporary final rule in view of them.

Background and Purpose

    Based on the September 11, 2001, terrorist attacks on the World 
Trade Center buildings in New York and the Pentagon in Virginia, there 
is an increased risk that subversive activity could be launched by 
vessels or persons in close proximity to Calvert Cliffs Nuclear Power 
Plant. On October 3, 2001, Constellation Nuclear--Calvert Cliffs 
Nuclear Power Plant requested this rule to reduce the potential threat 
that may be posed by vessels that approach the power plant.
    Entry into the security zone is prohibited, unless specifically 
authorized by the Captain of the Port, Baltimore, MD. Federal, state, 
and local agencies may assist the Coast Guard in the enforcement of 
this rule.

[[Page 9204]]

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 rule to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary. This regulation is of 
limited duration to handle the emergency situation and vessels may 
transit around the zone.

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 
effect upon a substantial number of small entities. ``Small entities'' 
include 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. 
Because of a good cause exception, this rule was not preceded by a 
general notice of proposed rulemaking and, therefore, is exempt from 
the requirements of the Regulatory Flexibility Act. (5 U.S.C. 603). 
Although this rule is exempt, we have reviewed it for potential 
economic impact on small entities and 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.
    Most charter fishing activity on the Chesapeake Bay takes place 
outside of the affected area. Approximately 15 charter-fishing vessels 
per day operate within the area encompassed by the security zone. These 
charter-fishing vessels will be excluded from further fishing within 
this zone, and will be forced to seek fishing opportunities in other 
areas. The added time and expense necessary to seek out, and travel to 
other fishing areas will result in a loss of revenue to the charter 
fishing vessel operators. Localized impact notwithstanding, the overall 
impact of this regulation on the Chesapeake Bay charter fishing fleet 
is expected to be minor.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule will have a 
significant economic impact on it, please submit a comment to the 
office listed under ADDRESSES. In your comment, explain why you think 
it qualified 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 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. 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 the address listed under 
ADDRESSES.
    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 calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Security Risks. This 
rule is not an economically significant rule and does not create an 
environmental risk to health or risk to security 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.

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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This regulation establishes a security 
zone. A ``Categorical Exclusion Determination'' is available in the 
docket for inspection

[[Page 9205]]

or copying 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 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. Add Sec. 165.T05-071 to read as follows:


Sec. 165.T05-071  Security Zone; Calvert Cliffs Nuclear Power Plant, 
Chesapeake Bay, Calvert County, MD.

    (a) Location. The following area is a security zone: the waters of 
the Chesapeake Bay in the vicinity of the Calvert Cliffs Nuclear Power 
Plant bounded by a line drawn from a point located at 38 deg.26'06" N, 
076 deg.26'18" W to 38 deg.26'10" N, 076 deg.26'12" W, thence to 
38 deg.26'21" N, 076 deg.26'28" W, thence back to shore at 
38 deg.26'14" N, 076 deg.26'33" W. All coordinates reference Datum: NAD 
1983.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33, entry into the security zone described in Sec. 165.T05-071 
is prohibited except as authorized by the Captain of the Port or his 
designated representative.
    (2) Persons or vessels requiring entry into or passage within the 
zone must request authorization from the Captain of the Port or his 
designated representative by telephone at (410) 576-2693 or by radio on 
VHF-FM channel 16.
    (3) The operator of any vessel within the security zone shall:
    (i) Stop the vessel immediately upon being directed to do so by the 
Coast Guard Captain of the port or his designated representative; and
    (ii) Proceed as directed by the Coast Guard Captain of the Port or 
his designated representative.
    (c) Definitions. The designated representative of the Captain of 
the Port is any Coast Guard Commissioned, Warrant, or Petty Officer who 
has been authorized by the Captain of the Port, Baltimore to act on his 
behalf.
    (d) Effective period. This section is effective from 5 p.m. on 
January 9, 2002 to 5 p.m. on June 15, 2002.
    (e) Enforcement. The COTP may enlist the cooperation of Federal, 
state, county, municipal, and private agencies to assist in the 
enforcement of these regulations.
    (f) Authority. This section is promulgated under 33 U.S.C. 1226.

    Dated: January 9, 2002.
R.B. Peoples,
Commander, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 02-4710 Filed 2-27-02; 8:45 am]
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