[Federal Register Volume 67, Number 204 (Tuesday, October 22, 2002)]
[Rules and Regulations]
[Pages 64813-64815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26818]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01-02-092]
RIN 2115-AA97


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent security zone 
around the Seabrook Nuclear Power Plant in Seabrook, New Hampshire. 
This security zone will close off public access to all land and waters 
within 250-yards of the waterside property boundary of the plant. This 
action is necessary to ensure public safety and prevent sabotage or 
terrorist acts. Entry into this security zone is prohibited unless 
authorized by the Captain of the Port, Portland, Maine.

DATES: This rule is effective November 15, 2002.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD01-02-092 and will be available for inspection or 
copying at Marine Safety Office Portland between the hours of 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) R. F. 
Pigeon, Port Operations Department, Marine Safety Office Portland at 
(207) 780-3092.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 31, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Seabrook Nuclear Power Plant, 
Seabrook, NH'' in the Federal Register (67 FR 49643). We received no 
letters commenting on the proposed rule. No public hearing was 
requested, and none was held.
    This final rule will make permanent a temporary security zone 
entitled ``Security Zone: Seabrook Nuclear Power Plant, Seabrook, New 
Hampshire'' published on December 31, 2001 in the Federal Register (66 
FR 67487). That temporary rule established a security zone with 
identical boundaries to this rule. That temporary rule originally was 
effective until June 15, 2002. The effective period was extended until 
August 15, 2002 by a

[[Page 64814]]

rulemaking with the same title published on May 8, 2002 in the Federal 
Register (67 FR 30807). The effective date was further extended until 
November 15, 2002 by a rulemaking with the same title published on 
August 13, 2002 in the Federal Register (67 FR 52607).
    Under 5 U.S.C. 553(d)(3), we find that good cause exists for making 
this rule effective less than 30 days after publication in the Federal 
Register. The measures contemplated by the temporary final rule and 
this rule are intended to prevent possible terrorist attacks against 
the Seabrook Nuclear Power Plant and are needed to protect the 
facility, persons at the facility, the public and the surrounding 
communities from subversive activity, sabotage or possible terrorist 
attacks, either from the water or by access to the facility by 
utilizing public trust lands between the low and high water tide lines. 
Without an effective date for this rule of November 15, 2002, no 
measure would be in place to provide such protection for Seabrook 
Nuclear Power Plant, and another extension of the temporary rule would 
be required. Accordingly, in order to ensure continued protection of 
Seabrook Nuclear Power Plant, this rule must take effect upon 
expiration of the temporary rule.

Background and Purpose

    On September 11, 2001, terrorists launched attacks on commercial 
and public structures (airplanes, the World Trade Center in New York 
and the Pentagon in Arlington, Virginia) killing large numbers of 
people and damaging properties of national significance. Based on 
warnings given by national security and intelligence officials that 
there is an increased risk that further subversive or terrorist 
activity may be launched against the United States, a permanent 
security zone is being established to safeguard the Seabrook 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 Seabrook 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. This security zone prohibits entry into or movement within the 
specified area.
    This final rule establishes a security zone in all land and waters 
within 250 yards of the waterside property boundary of Seabrook Nuclear 
Power Plant identified as follows: beginning at position 42[deg]53'58'' 
N, 070[deg]51'06'' W then running along the property boundaries of 
Seabrook Nuclear Power Plant to its position 42[deg]53'46'' N, 
070[deg]51'06'' W. This final rule is necessary to provide permanent 
protection of the waterfront areas of the Seabrook Nuclear Power Plant.
    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 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 this security zone 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 $250,000), in rem liability against the offending vessel, and 
license sanctions.

Discussion of Comments and Changes

    No changes have been made to the rule as published in the notice of 
proposed rulemaking.

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 final rule to be so minimal 
that a full regulatory evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary for the following 
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. No 
comments or letters have been received from the public or any 
governmental agencies concerning the temporary security zones currently 
in effect.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this final 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 final 
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, we feel that this security zone will not have 
a significant economic impact on a substantial number of small 
entities.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Public Law 104-121], we offered to 
assist small entities in understanding the rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

[[Page 64815]]

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 an 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 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 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 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.

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. 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 record 
keeping 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 and 160.5; 49 CFR 1.46.

    2. Add Sec.  165.106 to read as follows:


Sec.  165.106  Security Zone: Seabrook Nuclear Power Plant, Seabrook, 
New Hampshire.

    (a) Location. The following area is a security zone: All land and 
waters within 250 yards of the waterside property boundary of Seabrook 
Nuclear Power Plant identified as follows: beginning at position 
42[deg]53'58'' N, 070[deg]51'06'' W then running along the property 
boundaries of Seabrook Nuclear Power Plant to position 42[deg]53'46'' 
N, 070[deg]51'06'' W. All coordinates reference 1983 North American 
Datum (NAD 83).
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port, Portland, 
Maine (COTP).
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port, Portland, Maine or 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 swim upon or below the surface of the water 
within the boundaries of this security zone.

    Dated: October 9, 2002.
M.P. O'Malley,
Commander, U.S. Coast Guard, Captain of the Port, Portland, Maine.
[FR Doc. 02-26818 Filed 10-21-02; 8:45 am]
BILLING CODE 4910-15-P