[Federal Register Volume 68, Number 60 (Friday, March 28, 2003)]
[Rules and Regulations]
[Pages 15051-15053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7385]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-02-080]
RIN 1625-AA00 (Formerly 2115-AA97)


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is 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: This rule is effective at 5 p.m. on March 31, 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 CGD05-02-080 and are 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:

Regulatory Information

    On February 28, 2002, we published a temporary final rule (TFR) 
entitled ``Security Zone; Calvert Cliffs Nuclear Power Plant, 
Chesapeake Bay, Calvert County, MD'' in the Federal Register (67 FR 
9203) that expired on June 15, 2002. On June 17, 2002, we published a 
change of effective date to a temporary final rule (TFR) entitled 
``Security Zone; Calvert Cliffs Nuclear Power Plant, Chesapeake Bay, 
Calvert County, MD'' in the Federal Register (67 FR 41177) that expired 
on September 30, 2002, and on October 1, 2002, we published another 
change of effective date to a temporary final rule (TFR) entitled 
``Security Zone; Calvert Cliffs Nuclear

[[Page 15052]]

Power Plant, Chesapeake Bay, Calvert County, MD'' in the Federal 
Register (67 FR 61494) that expires on March 31, 2003.
    On October 18, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Calvert Cliffs Nuclear Power Plant, 
Chesapeake Bay, Calvert County, MD'' in the Federal Register (67 FR 
64345). We received three letters commenting on the proposed rule.
    The Captain of the Port has determined that the need for this 
security zone continues to exist. Accordingly, this rule makes final 
the proposed rule published in the Federal Register on October 18, 
2002. The zone is approximately 300 by 500 yards and is marked by white 
cylindrical buoys in the Chesapeake Bay near the Calvert Cliffs Nuclear 
Power Plant, in Calvert County, Maryland.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. It is urgently necessary, for 
public safety and Power Plant security, that a continuous security zone 
be established at the Calvert Cliffs facility effective at 5 p.m. on 
March 31, 2003. This rule will become effective upon expiration of the 
current temporary rule (67 FR 61494, October 1, 2002).

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 extended until 5 
p.m., March 31, 2003. 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. Three letters 
commenting on the present rule have been received by the public.

Discussion of Comments and Changes

    The Coast Guard received three written comments on the proposed 
rule. Two letters included comments that strongly supported the 
proposed security zone, one of which requested that Coast Guard 
increase the size of the zone to provide for additional security. The 
size and location of the zone was based on a request from the Calvert 
Cliffs Nuclear Power Plant. The power plant is aware of the issues 
raised by this comment and feels that the size and location of the 
security zone is sufficient to provide the desired increase in 
security.
    The third letter included comments from the Canoe Cruisers 
Association of Greater Washington, DC, Inc. stating that the size of 
the proposed security zone is reasonable; however, future proposals to 
expand its dimensions might compromise waterway user safety far from 
shore and interrupt waterway user access to the shore. The Coast Guard 
has considered these issues and has determined that no changes to the 
proposed rule are required. One commenter requested a public meeting. 
The Coast Guard has considered this request and determined that there 
is not sufficient public interest to conduct a public meeting.

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 Homeland 
Security.

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 three letters commenting on the interim rule. Comments 
from the Canoe Cruisers Association of Greater Washington, DC, Inc. 
state that the security zone proposal is reasonable; however, future 
proposals to expand its dimensions might compromise waterway user 
safety far from shore and interrupt waterway user access to the shore.

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.
    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.

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.

[[Page 15053]]

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 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.

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 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.

0
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

0
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; Department of Homeland Security 
Delegation No. 0170.


0
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: March 4, 2003.
Evan Q. Kahler,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, 
Maryland.
[FR Doc. 03-7385 Filed 3-27-03; 8:45 am]
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