[Federal Register Volume 89, Number 169 (Friday, August 30, 2024)]
[Proposed Rules]
[Pages 70587-70589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19592]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0500]
RIN 1625-AA00


Safety and Security Zones: Pilgrim Nuclear Power Plant, Plymouth 
Massachusetts

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to disestablish the existing 
security zone for Pilgrim Nuclear Power Plant, Plymouth, Massachusetts. 
Since the implementation of the regulation, the facility has 
permanently ceased power operations making the provisions of the 
security zone no longer applicable. The waterfront facility's security 
zone will be removed from all charts, publications, and other 
navigational references. All related private aids to navigational 
marking the boundaries of the security zone will also be removed. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 30, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0500 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call, or email Mr. Timothy Chase. Sector Boston, 
Waterways Management Division, U.S. Coast Guard; telephone 617-447-
1620, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Boston
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On September 11, 2001, four commercial aircraft were hijacked and 
flown into the World Trade Center in New York City, and the Pentagon, 
inflicting catastrophic human casualties and property damage. National 
security and intelligence officials warned that future terrorist 
attacks were likely.
    In response, on May 30, 2002, the Coast Guard published a final 
rule titled ``Safety and Security Zones; Pilgrim Nuclear Power Plant, 
Plymouth Massachusetts'' in the Federal Register (67 FR 37693). On 
October 2, 2009 the regulation was amended by Federal Register (74 FR 
50925) establishing a permanent safety and security zone on all waters 
of Cape Cod Bay and land adjacent to those waters enclosed by a line 
beginning at position 41-56'59.3'' N, 070-34'58.5'' W; thence to 41-
57'12.2'' N, 070-34'41.9'' W; thence to 41-56'42.3'' N, 070-34'00.1'' 
W; thence to 41-56'29.5'' N, 070-34'14.5'' W within Captain of the Port 
(COTP) Sector Boston, Massachusetts as part of a comprehensive, port 
security regime designed to safeguard human life, vessels and 
waterfront facilities from sabotage or terrorist acts.
    On June 10, 2019, Entergy Nuclear Operations Inc (site prior owner) 
notified the U.S. Nuclear Regulatory Commission (NRC) that the power 
operations have ceased at Pilgrim Nuclear Station (PNPS) and that the 
nuclear fuel was permanently removed from the PNPS reactor vessel as 
per 10 CFR 50.82(a)(1)(i). Effectively, Entergy understood and 
acknowledged that upon docketing these certifications (ML19161A033), 
the PNPS 10 CFR part 50 license no longer authorized operation of the 
reactor or emplacement or retention of fuel in the reactor vessel. 
Subsequently, the facility license and ownership of Pilgrim Station was 
transferred to HDI on August 27, 2019 (ML19235A050).
    On December 14, 2021, HDI notified the NRC (ML21348A748) that all 
nuclear fuel was transferred out of the spent nuclear fuel pool and was 
placed in dry cask storage containers within the newly built 
Independent Spent Fuel Storage Installation (ISFSI). These dry cask 
storage containers are air cooled and do not rely on cooling water from 
cape cod bay for nuclear fuel cooling.
    On January 9, 2024, Entergy Nuclear Operation, Inc, notified the 
Coast Guard that they had provided all the required documentation for 
disestablishment to the U.S. Nuclear Regulatory Commission as per 10 
CFR 50.82(a)(1)(i). Power operations have

[[Page 70588]]

ceased at the Pilgrim Nuclear Power Station.
    For the reason discussed in the preceding paragraph, the Coast 
Guard proposes to disestablish the security zone cited in 33 CFR 
165.115, Safety and Security Zones: Pilgrim Nuclear Power Plant, 
Plymouth, Massachusetts by removing that section completely and 
reserving it for future use. The Coast Guard is proposing this 
rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The Coast Guard proposes to disestablish the security zone cited in 
33 CFR 165.115, Safety and Security Zones: Pilgrim Nuclear Power Plant, 
Plymouth, Massachusetts, by removing that section and reserving it for 
future use.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders, and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This NPRM has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on the need to align 
the regulations with the current arrangements of the port as the 
waterfront facility safety zone is no longer required. The Captain of 
the Port Sector Boston proposes to amend 33 CFR 165.115(a)(1) and 
reserve it for future use.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 rulemaking would economically affect it.
    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. 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 call or email the person listed in the 
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

E. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves the 
disestablishment of a security zone. Normally such actions are 
categorically excluded from further review under paragraph L60(b) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
preliminary Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this

[[Page 70589]]

document to which each comment applies, and provide a reason for each 
suggestion or recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0500 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


Sec.  165.115  [Removed]

0
2. Remove Sec.  165.115.

    Dated: August 22, 2024.
J.C. Frederick,
Captain, U.S. Coast Guard, Captain of the Port Sector Boston.
[FR Doc. 2024-19592 Filed 8-29-24; 8:45 am]
BILLING CODE 9110-04-P