[Federal Register: March 28, 2003 (Volume 68, Number 60)]
[Rules and Regulations]
[Page 15051-15053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr03-5]
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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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