[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Proposed Rules]
[Pages 64345-64346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26462]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD05-02-080]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishing a security zone in the 
waters of the Chesapeake Bay near the Calvert Cliffs Nuclear Power 
Plant, Chesapeake Bay, Calvert County, Maryland. This security zone is 
necessary to help ensure public safety and security. The security zone 
will prohibit vessels and persons from entering a well-defined area 
around Calvert Cliffs Nuclear Power Plant.

DATES: Comments and related material must reach the Coast Guard on or 
before January 16, 2003.

ADDRESSES: You may mail comments and related material to Commander, 
U.S. Coast Guard Activities, 2401 Hawkins Point Road, Building 70, Port 
Safety, Security and Waterways Management Branch, Baltimore, Maryland, 
21226-1791. The Port Safety, Security and Waterways Management Branch 
of Coast Guard Activities Baltimore maintains the public docket for 
this rulemaking. Comments and 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 Commander, U.S. Coast Guard Activities, 2401 
Hawkins Point Road, Building 70, Port Safety, Security and Waterways 
Management Branch, Baltimore, Maryland, 21226-1791 between 9 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Dulani Woods, at Coast 
Guard Activities Baltimore, Port Safety, Security and Waterways 
Management Branch, at telephone number (410) 576-2513.

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 CGD05-02-
080, 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 has 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 Commander, U.S. Coast Guard 
Activities Baltimore 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

    Based on the September 11, 2001 terrorist attacks on the World 
Trade Center buildings in New York and the Pentagon building in 
Virginia, there is an increased risk that subversive activity could be 
launched by vessels or persons in close proximity to the Calvert Cliffs 
Nuclear Power Plant. On February 28, 2002, the Coast Guard published a 
temporary rule entitled ``Security Zone; Calvert Cliffs Nuclear Power 
Plant, Chesapeake Bay, Calvert County, MD,'' in the Federal Register 
(67 FR 9203). The temporary rule established a security zone around the 
Calvert Cliffs Nuclear Power Plant. Based on a continuing need for the 
protection of the plant, the effective date of the rule establishing a 
temporary security zone surrounding the plant was recently extended 
until March 31, 2003 (67 FR 61494, October 1, 2002). 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 by the public.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a permanent security zone on 
specified waters of the Chesapeake Bay near the Calvert Cliffs Nuclear 
Power Plant to reduce the potential threat imposed by vessels or 
persons that approach the power plant. The proposed security zone will 
be in effect continuously. Its effect would be to prohibit vessels or 
persons from entering into the security zone, unless specifically 
authorized by the Captain of the Port, Baltimore, Maryland. Federal, 
state and local agencies may assist the Coast Guard in the enforcement 
of this rule.

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 proposed 
security zone is of limited size, and vessels may transit around the 
zone.

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 proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit or anchor in a portion of the 
Chesapeake Bay near the Calvert Cliffs Nuclear Power Plant.
    If you think that your business, organization, or governmental

[[Page 64346]]

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 (Pub. L. 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 Lieutenant Dulani 
Woods, at Coast Guard Activities Baltimore, Port Safety, Security and 
Waterways Management Branch, at telephone number (410) 576-2513.

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 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 rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 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 rule is categorically excluded from further 
environmental documentation because this rule establishes a security 
zone. 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, and 160.5; 49 CFR 1.46.

    2. Add Sec.  165.505 to read as follows:


Sec.  165.505  Security Zone; Calvert Cliffs Nuclear Power Plant, 
Chesapeake Bay, Calvert County, Maryland.

    (a) Location. The following area is a security zone: All waters of 
the Chesapeake Bay, from surface to bottom, encompassed by lines 
connecting the following points, beginning at 38[deg]26'06'' N, 
076[deg]26'18'' W, thence to 38[deg]26'10'' N, 076[deg]26'12'' W, 
thence to 38[deg]26'21'' N, 076[deg]26'28'' W, thence to 38[deg]26'14'' 
N, 076[deg]26'33'' W, thence to beginning at 38[deg]26'06'' N, 
076[deg]26'18'' W. These coordinates are based upon North American 
Datum (NAD) 1983.
    (b) Regulations. (1) Entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Baltimore, Maryland.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 410-576-2693 or on 
VHF channel 16 (156.8 MHz) 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 or his or her designated 
representative.
    (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.

    Dated: October 7, 2002.
R.B. Peoples,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 02-26462 Filed 10-17-02; 8:45 am]
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