[Federal Register Volume 67, Number 243 (Wednesday, December 18, 2002)]
[Rules and Regulations]
[Pages 77428-77430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31767]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Los Angeles-Long Beach 02-006]
RIN 2115-AA97


Security Zone; Waters Adjacent to Diablo Canyon Nuclear Power 
Plant, Avila Beach, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard has established a security zone in the waters 
adjacent to Diablo Canyon Nuclear Power Plant near Avila Beach, 
California. This action is necessary to ensure public safety and 
prevent sabotage or terrorist acts against the power plant and 
individuals near or in the power plant facilities and the surrounding 
communities. Entry into this zone will be prohibited unless 
specifically authorized by the Captain of the Port Los Angeles-Long 
Beach.

DATES: This rule is effective January 17, 2003.

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 [COTP Los Angeles-Long Beach 02-006] and are 
available for inspection or copying at U.S. Coast Guard Marine Safety 
Office/Group Los Angeles-Long Beach, 1001 South Seaside Avenue, 
Building 20, San Pedro, California, 90731 between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Rob Griffiths, 
Assistant Chief of Waterways Management Division, at (310) 732-2020.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On March 29, 2002, we published an interim rule with request for 
comments entitled ``Security Zone; Waters Adjacent to Diablo Canyon 
Nuclear Power Plant, Avila Beach, CA'' in the Federal Register (67 FR 
15117). We received no letters commenting on the rule. No public 
hearing was requested, and none was held.
    Previously, on October 24, 2001, we published a temporary final 
rule (TFR) entitled ``Security Zones: Los Angeles Harbor, Los Angeles, 
CA and Avila Beach, CA'' in the Federal Register (66 FR 53713) that 
expired on March 29, 2002.

[[Page 77429]]

    The Captain of the Port has determined the need for continued 
security regulations exists. Accordingly, this rulemaking makes 
permanent the temporary security zone published in the Federal Register 
on March 29, 2002.

Background and Purpose

    Since the September 11, 2001 terrorist attacks on the World Trade 
Center in New York, the Pentagon in Arlington, Virginia and Flight 93, 
the Federal Bureau of Investigation (FBI) has issued several warnings 
concerning the potential for additional terrorist attacks within the 
United States. In addition, the ongoing hostilities in Afghanistan and 
growing tensions in Iraq have made it prudent for U.S. ports and 
properties of national significance to be on a higher state of alert 
because the al Qaeda organization and other similar organizations have 
declared an ongoing intention to conduct armed attacks on U.S. 
interests worldwide.
    In its effort to thwart terrorist activity, the Coast Guard has 
increased safety and security measures on the waterfronts of nuclear 
power plants by establishing security zones to aid in the waterside 
protection of these facilities. As part of the Diplomatic Security and 
Antiterrorism Act of 1986 (Pub. L. 99-399), Congress amended section 7 
of the Ports and Waterways Safety Act (PWSA), 33 U.S.C. 1226, to allow 
the Coast Guard to take actions, including the establishment of 
security and safety zones, to prevent or respond to acts of terrorism 
against individuals, vessels, or public or commercial structures.
    In this particular rulemaking, to address the aforementioned 
security concerns, and to take steps to prevent the catastrophic impact 
that a terrorist attack against a nuclear power plant would have on the 
surrounding area and communities, the Coast Guard is establishing a 
security zone around the Diablo Canyon Nuclear Power Plant near Avila 
Beach, California. This security zone helps the Coast Guard to prevent 
vessels or persons from engaging in terrorist actions against nuclear 
power plants.

Discussion of Comments and Changes

    We received no letters commenting on the interim rule. No public 
hearing was requested, and none was held. Therefore, we have made no 
changes and will implement the provisions of the interim rule as 
written.

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, l979).
    We received no letters commenting on the interim rule. No public 
hearing was requested, and none was held.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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.
    We received no letters commenting on the interim rule. No public 
hearing was requested, and none was held.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. We 
received no letters commenting on the interim rule. No public hearing 
was requested, and none was held.
    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.
    We received no letters commenting on the interim rule. No public 
hearing was requested, and none was held.

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.
    We received no letters commenting on the interim rule. No public 
hearing was requested, and none was held.

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.
    We received no letters commenting on the interim rule. No public 
hearing was requested, and none was held.

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.
    We received no letters commenting on the interim rule. No public 
hearing was requested, and none was held.

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.
    We received no letters commenting on the interim rule. No public 
hearing was requested, and none was held.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments,

[[Page 77430]]

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.
    We received no letters commenting on the interim rule. No public 
hearing was requested, and none was held.

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.
    We received no letters commenting on the interim rule. No public 
hearing was requested, and none was held.

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 because we are establishing a security 
zone. A ``Categorical Exclusion Determination'' is available in the 
docket for inspection 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, and 160.5; 49 CFR 1.46.

    2. Add Sec.  165.1155 to read as follows:


Sec.  165.1155  Security Zone; Diablo Canyon Nuclear Power Plant, Avila 
Beach, California.

    (a) Location. The following area is a security zone: all waters of 
the Pacific Ocean, from surface to bottom, within a 2,000 yard radius 
of Diablo Canyon Nuclear Power Plant centered at position 
35[deg]12'23'' N, 120[deg]51'23'' W. [Datum: NAD 83].
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33 of this part, entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Los Angeles-Long Beach, or his or her designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port at telephone number 1-800-221-8724 or 
on VHF-FM channel 16 (156.8 MHz). 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, the authority for 
this section includes 33 U.S.C. 1226.

    Dated: December 6, 2002.
J. M. Holmes,
Captain, U.S. Coast Guard, Captain of the Port, Los Angeles-Long Beach.
[FR Doc. 02-31767 Filed 12-17-02; 8:45 am]
BILLING CODE 4910-15-P