[Federal Register Volume 67, Number 52 (Monday, March 18, 2002)]
[Proposed Rules]
[Pages 11963-11965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6364]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Pittsburgh-02-005]
RIN 2115-AA97


Security Zone; Ohio River Mile 34.6 to 35.1, Shippingport, 
Pennsylvania

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a security zone 
encompassing all waters extending 200 feet from the shoreline of the 
left descending bank on the Ohio River, beginning from mile marker 34.6 
and ending at mile marker 35.1. This security zone is necessary to 
protect the First Energy Nuclear Power Plant in Shippingport, 
Pennsylvania, from any and all subversive actions from any groups or 
individuals whose objective it is to cause disruption to the daily 
operations of the First Energy Nuclear Power Plant. Entry of vessels 
into this security zone is prohibited unless authorized by the Coast 
Guard Captain of the Port St. Louis or his designated representative.

DATES: Comments and related material must reach the Coast Guard on or 
before April 17, 2002.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Pittsburgh, Suite 1150 Kossman Bldg., 100 Forbes Ave. 
Pittsburgh, PA 15222-1371. Marine Safety Office Pittsburgh maintains 
the public docket for this rulemaking. Comments and

[[Page 11964]]

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 Marine 
Safety Office Pittsburgh, Suite 1150 Kossman Bldg., 100 Forbes Ave. 
Pittsburgh, PA between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Brian Smith, 
Marine Safety Office Pittsburgh at (412) 644-5808.

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 [COTP 
Pittsburgh 02-005], 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 that your submission 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 Marine Safety Office Pittsburgh 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 separate notice in the Federal Register.

Background and Purpose

    On September 11, 2001, both towers of the World Trade Center and 
the Pentagon were attacked by terrorists. In response to these 
terrorist acts, heightened awareness and security of our ports and 
harbors is necessary. To immediately enhance that security the Captain 
of the Port, Pittsburgh established a temporary security zone on the 
Ohio River in the vicinity of the First Energy Nuclear Power Plant, in 
Shippingport, PA. The temporary final rule was published March 4, 2002 
in the Federal Register Volume 67, Number 42, page 9589 (67 FR 9589) 
and remains in effect until 8 a.m. on June 15, 2002.
    Because the generalized high-level threat environment has persisted 
longer than expected, the Captain of the Port, Pittsburgh has 
determined that there is a need for this security zone to remain in 
effect indefinitely. This security zone will reduce the risk of a 
terrorist incident in this generalized high-level threat environment. 
It reduces the potential of a waterborne attack on the facility 
enhancing public health and safety, and common defense and security, at 
this location and surrounding areas.
    The location of this security zone will limit access to only the 
waters immediately adjacent to the facility and will permit vessels to 
safely navigate around the facility. Navigation around the facility 
will not be hindered by the establishment of this security zone.

Discussion of Proposed Rule

    A security zone is proposed for all water extending 200 feet from 
the shoreline of the left descending bank on the Ohio River from mile 
marker 34.6 to 35.1. This zone is designed to increase protection for 
the First Energy Nuclear Power Plant in Shippingport, PA. This security 
zone will reduce the risk of a terrorist incident in this generalized 
high-level threat environment. It reduces the potential of a waterborne 
attack on the facility enhancing public health and safety, and common 
defense and security, at this location and surrounding areas. All 
vessels are prohibited from entering the zone without the permission of 
the Captain of the Port Pittsburgh.

Regulatory Evaluation

    This proposed 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 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 rule 
will not obstruct the regular flow of vessel traffic and will allow 
vessel traffic to pass safely around the security zone and vessels may 
be permitted to enter the security zone on a case-by-case basis.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 security zone will not have an impact on a substantial number 
of small entities because this proposed rule will not obstruct the 
regular flow of vessel traffic and will allow vessel traffic to pass 
safely around the security zone.
    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 (Public Law 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. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Chief Petty 
Officer Brian Smith, Marine Safety Office Pittsburgh at (412) 644-5808.

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

    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 proposed 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

[[Page 11965]]

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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this proposed rule elsewhere 
in this preamble.

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 would not 
create an environmental risk to health or risk to safety that might 
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, because it would 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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.lD, this proposed rule is categorically excluded 
from further environmental documentation because this rule is not 
expected to result in any significant adverse environmental impact as 
described in the National Environmental Policy Act of 1969 (NEPA). 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, 160.5; 49 CFR 1.46.
    2. Add Sec. 165.820 to read as follows:


Sec. 165.820  Security Zone; Ohio River Mile 34.6 to 35.1, 
Shippingport, Pennsylvania.

    (a) Location. The following area is a security zone: The waters of 
the Ohio River, extending 200 feet from the shoreline of the left 
descending bank beginning from mile marker 34.6 and ending at mile 
marker 35.1.
    (b) Regulations. (1) Entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Pittsburgh.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port Pittsburgh at telephone number 412-644-
5808 or on VHF channel 16 to seek permission to transit the area. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port Pittsburgh or his designated 
representative.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.

    Dated: March 5, 2002.
S.L. Hudson,
Commander, U.S. Coast Guard, Captain of the Port, Pittsburgh.
[FR Doc. 02-6364 Filed 3-15-02; 8:45 am]
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