[Federal Register: September 15, 2003 (Volume 68, Number 178)]
[Proposed Rules]
[Page 53935-53937]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se03-22]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-03-113]
RIN 1625-AA00
Security Zone; Salem and Hope Creek Generation Stations, Delaware
River, Salem County, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing a permanent security
zone on the waters adjacent to the Salem and Hope Creek Generation
Stations. This would protect the safety and security of the plants from
subversive activity, sabotage, or terrorist attacks initiated from
surrounding waters. This action would close water areas around the
plants.
DATES: Comments and related material must reach the Coast Guard on or
before November 14, 2003.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office Philadelphia, One Washington Avenue, Philadelphia,
Pennsylvania 19147. The Marine Safety Office Philadelphia Waterways
Management Branch maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the above mentioned office between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Kevin Sligh or
Lieutenant Junior Grade Toussaint Alston, Coast Guard Marine Safety
Office/Group Philadelphia, at (215) 271-4889.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-03-
113), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Marine Safety Office
Philadelphia, Waterways Management Branch at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
Terrorist attacks on September 11, 2001, inflicted catastrophic
human casualties and property damage. These attacks highlighted the
terrorists' ability and desire to utilize multiple means in different
geographic areas to increase their opportunities to successfully carry
out their mission, thereby maximizing destruction using multiple
terrorist acts.
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. The threat of maritime attacks is real as evidenced by
the October 2002 attack on a tank vessel off the coast of Yemen and the
prior attack on the USS COLE. These attacks manifest a continuing
threat to U.S. assets as described in the President's finding in
Executive Order 13273 of August 21, 2002 (67 FR 56215, September 3,
2002) that the security of the U.S. is endangered by the September, 11,
2001 attacks and that such disturbances continue to endanger the
international relations of the United States. See also Continuation of
the National Emergency with Respect to Certain Terrorist Attacks, (67
FR 58317, September 13, 2002); Continuation of the National Emergency
With Respect To Persons Who Commit, Threaten To Commit, Or Support
Terrorism, (67 FR 59447, September 20, 2002). The U.S. Maritime
Administration (MARAD) in Advisory 02-07 advised U.S. shipping
interests to maintain a heightened state of alert against possible
terrorist attacks. MARAD more recently issued Advisory 03-01 informing
operators of maritime interests of increased threat possibilities to
vessels and facilities and a higher risk of terrorist attack to the
transportation community in the United States. The ongoing hostilities
in Afghanistan and Iraq have made it prudent for U.S. ports and
waterways 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.
Due to increased awareness that future terrorist attacks are
possible, the Coast Guard as lead federal agency for maritime homeland
security, has determined that the Captain of the Port must have the
means to be aware of, deter, detect, intercept, and respond to
asymmetric threats, acts of aggression, and attacks by terrorists on
the American homeland while still maintaining our freedoms and
sustaining the flow of commerce. A Security Zone is a tool available to
the Coast Guard that may be used to limit vessel traffic in a specific
area to help protect waterfront facilities from damage, injury, or
terrorist attack.
On June 3, 2003, we published a temporary final rule entitled,
``Security Zone; Salem and Hope Creek Generation Stations, Delaware
River, Salem County, NJ,'' in the Federal Register (68 FR 32996). The
temporary final rule designates the waters of the Delaware River in the
vicinity of the Salem and Hope Creek Generation Stations a security
zone. No person or vessel may enter or navigate within this security
zone without the permission of the Coast Guard. We propose to make the
security zone in this area permanent.
Discussion of Proposed Rule
This NPRM proposes to place a permanent security zone around
critical infrastructure at the Salem-Hope Generation Stations on the
Delaware River in Salem County, New Jersey. No person or vessel would
be able to enter or remain in the prescribed security zone without the
permission of the Captain of the Port, Philadelphia, PA, or designated
representative. Federal, state, and local agencies would assist the
[[Page 53936]]
Coast Guard in the enforcement of this proposed rule.
Regulatory Evaluation
This proposed 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 (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This rule may affect the following entities, some of which may be
small entities: Owners or operators of fishing vessels and recreational
vessels intending to transit portions of the Delaware River.
This security zone would not have a significant impact on a
substantial number of small entities for the following reasons: The
restrictions affect only a limited area and vessel traffic could pass
safely around the security zone. Additionally, the opportunity to
engage in recreational and charter fishing outside the geographical
limits of the security zone will not be disrupted.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.
Assistance for Small Entities
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 so that they could better
evaluate its effects on them and participate in the rulemaking process.
If the rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant Junior
Grade Kevin Sligh or Lieutenant Junior Grade Toussaint Alston, Coast
Guard Marine Safety Office/Group Philadelphia, at (215) 271-4889.
Collection of Information
This proposed 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 proposed 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 proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Security
Risks. This rule is not an economically significant rule and does not
create an environmental risk to health or risk to security that may
disproportionately affect children.
Indian Tribal Governments
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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction an ``Environmental
Analysis Check List'' and a ``Categorical Exclusion Determination'' are
not required for this rule. Comments on this section will be considered
before we make the final decision on whether to categorically exclude
this rule from further environmental review.
[[Page 53937]]
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 proposes
to amend 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(G), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.553 to read as follows:
Sec. 165.553 Security Zone; Salem and Hope Creek Generation Stations,
Delaware River, Salem County, New Jersey.
(a) Location. The following area is a security zone: the waters of
the Delaware River in the vicinity of the Salem and Hope Creek
Generation Stations bounded by a line drawn from a point located at
39[deg]28'08.0'' N, 075[deg]32'31.7'' W to 39[deg]28'06.5'' N,
075[deg]32'47.4'' W, thence to 39[deg]27'28.4'' N, 075[deg]32'15.8'' W,
thence to 39[deg]27'28.8'' N, 075[deg]31'56.6'' W, thence to
39[deg]27'39.9'' N, 075[deg]31'51.6'' W, thence along the shoreline to
the point of 39[deg]28'08.0'' N, 075[deg]32'31.7'' W. All coordinates
reference Datum: NAD 1983.
(b) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in Sec. 165.33 of this
part.
(2) No person or vessel may enter or navigate within this security
zone unless authorized to do so by the Coast Guard or designated
representative. Any person or vessel authorized to enter the security
zone must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the security
zone immediately if the Coast Guard or designated representative so
orders.
(3) The Coast Guard or designated representative enforcing this
section can be contacted on VHF Marine Band Radio, channels 13 and 16.
The Captain of the Port can be contacted at (215) 271-4807.
(4) The Captain of the Port will notify the public of any changes
in the status of this security zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(c) Definitions. For the purposes of this section, Captain of the
Port means the Commanding Officer of the Coast Guard Marine Safety
Office/Group Philadelphia or any Coast Guard commissioned, warrant, or
petty officer who has been authorized by the Captain of the Port to act
as a designated representative on his behalf.
Dated: August 7, 2003.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 03-23502 Filed 9-12-03; 8:45 am]
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