[Federal Register: December 18, 2002 (Volume 67, Number 243)]
[Rules and Regulations]
[Page 77428-77430]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de02-13]
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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]
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