[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Rules and Regulations]
[Pages 30807-30809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11490]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-01-207]
RIN 2115-AA97


Security Zone; Seabrook Nuclear Power Plant, Seabrook, New 
Hampshire

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; change in effective period.

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SUMMARY: The Coast Guard is extending the effective period for the 
Seabrook Nuclear Power Plant, Seabrook, New Hampshire security zone. 
This change will extend the effective period of this temporary final 
rule until August 15, 2002, allowing adequate time for a proposed 
permanent rule to be developed through informal rulemaking. This 
temporary rule will continue to close certain land and water areas in 
the vicinity of the Seabrook Nuclear Power Plant.

DATES: The amendment to Sec. 165.T01-207 is effective May 8, 2002. 
Section 165.T01-207, added at 66 FR 67488, December 31, 2001, effective 
December 7, 2001, until June 15, 2002, is extended in effect until 
August 15, 2002.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection and copying at Marine Safety Office Portland, Maine, 103 
Commercial Street, Portland, Maine 04101 between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) R. F. 
Pigeon, Waterways Safety Branch, Port Operations Department, Captain of 
the Port, Portland, Maine at (207) 780-3251.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On December 31, 2001, the Coast Guard published a temporary final 
rule (TFR) entitled ``Security Zone: Seabrook Nuclear Power Plant, 
Seabrook, New Hampshire'' in the Federal Register (66 FR 67487). The 
effective period for this rule was from December 7, 2001 until June 15, 
2002.
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C 553(b)(3), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The original temporary final 
rule was urgently required to protect the plant from subversive 
activity, sabotage or possible terrorist attacks initiated from waters 
surrounding the plant. It was anticipated that the Coast Guard would 
assess the security environment at the end of the effective period to 
determine whether continuing security precautions were required and, if 
so, to propose regulations responsive to existing conditions. We have 
determined the need for continued security regulations does exist. The 
Coast Guard will utilize the extended effective period of this TFR to 
engage in notice and comment rulemaking to develop a permanent 
regulation tailored to the present and foreseeable security environment 
within the Captain of the Port, Portland, Maine zone.
    The Coast Guard will be publishing a NPRM to establish a permanent 
security zone that is temporarily effective under this rule. There is 
no indication that the present rule has been burdensome on the maritime 
public; users of the areas surrounding the plant are able to pass 
safely outside the zone. No letters commenting on the present rule have 
been received from the public.

Background and Purpose

    Due to the terrorist attacks on New York City, New York, and 
Washington DC, on September 11, 2001 and continued warnings from 
national security and intelligence officials that future terrorist 
attacks are possible, heightened security measures are necessary 
surrounding the Seabrook Nuclear Power Plant. A temporary security zone 
was implemented around the Seabrook Nuclear Power Plant to protect 
against possible damage to the

[[Page 30808]]

facility from subversive activity, sabotage or terrorist attacks 
initiated from the surrounding waters. The rule was also implemented to 
protect persons at the facility, the public and surrounding communities 
from the catastrophic impact release of nuclear radiation would have on 
the surrounding area, and to provide the Captain of the Port, Portland, 
Maine with enforcement options to deal with potential threats to the 
security of the plant.
    There is a continuing need for the protection of the plant. The 
temporary security zone surrounding the plant is only effective until 
June 15, 2002. The Coast Guard intends to implement a permanent 
security zone surrounding the facility. In order to provide continuous 
protection to the plant until the permanent zone is promulgated, the 
Coast Guard is extending the effective date of the rule until August 
15, 2002. This extension will permit sufficient time to implement a 
permanent zone through notice and comment rulemaking, while ensuring 
that there is no lapse in coverage of the facility.
    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 were 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, 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).
    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 zone, 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. 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 section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 [Public Law 104-121], the Coast Guard offered to 
assist small entities in understanding this temporary final rule so 
that they can better evaluate its effects on them and participate in 
the rulemaking process. If your small business, organization or 
governmental jurisdiction would be affected by this rule, and you have 
questions concerning its provisions or options for compliance, please 
call Lieutenant (Junior Grade) R. F. Pigeon, 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

    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 action. In particular, the Act addresses actions that may 
require 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 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

    We have 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

[[Page 30809]]

Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying 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 Administer 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.

Regulation

    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, and 160.5; 49 CFR 1.46.

    2. Revise temporary Sec. 165.T01-207, (b) to read as follows:


Sec. 165.T01-207;  Security Zone: Seabrook Nuclear Power Plant, 
Seabrook, New Hampshire.

* * * * *
    (b) Effective dates. This rule is effective from December 7, 2001 
until August 15, 2002.
* * * * *

    Dated: April 29, 2002.
M. P. O'Malley,
Commander, U.S. Coast Guard, Captain of the Port, Portland, Maine.
[FR Doc. 02-11490 Filed 5-7-02; 8:45 am]
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