[Federal Register: February 4, 2004 (Volume 69, Number 23)]
[Rules and Regulations]
[Page 5284-5286]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe04-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
CFR Part 165
[COTP PHILADELPHIA 03-005]
RIN 1625-AA00
Security Zone; Oyster Creek Generation Station, Forked River,
Ocean County, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule, change in effective period.
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SUMMARY: The Coast Guard is continuing a temporary security zone on the
waters adjacent to the Oyster Creek Generation Station. This zone will
protect the safety and security of the plants from subversive activity,
sabotage, or terrorist attacks initiated from surrounding waters. This
action will close water areas around the plants.
DATES: Effective January 24, 2004. Section 165.T05-091, added at 68 FR
32645, June 2, 2003, effective from 5 p.m. EDT on May 13, 2003, to 5
p.m. EST on January 24, 2004, as amended by this rule is effective
through March 4, 2004.
ADDRESSES: Documents as indicated in this preamble are available as
part of docket COTP Philadelphia 03-005 for inspection or copying at
Coast Guard Marine Safety Office Philadelphia, One Washington Avenue,
Philadelphia, Pennsylvania, 19147, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Kevin Sligh or
Ensign Doreen Moore, Coast Guard Marine Safety Office/Group
Philadelphia, at (215) 271-4889.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and (d)(3), the Coast Guard finds
that good cause exists for not publishing a NPRM and for making this
regulation effective less than 30 days after publication in the Federal
Register. Based upon the warnings from national security and
intelligence personnel, this rule is urgently required to protect the
plant from subversive activity, sabotage or possible terrorist attacks
initiated from the waters surrounding the plants.
It took longer to resolve issues related to the final rule, which
appears elsewhere in today's Federal Register, that will create a
permanent security zone in this area than we originally expected at the
time the last temporary final rule was issued. This new temporary final
rule is necessary because it would be contrary to public interest not
to maintain a temporary safety and security zone until the final rule
becomes effective March 5, 2004.
This security zone should have minimal impact on vessel transits
because the security zone does not block the channel.
Background and Purpose
Due to the continued warnings from national security and
intelligence officials that future terrorist attacks are possible, such
as those launched against New York and Washington, DC on September 11,
2001, heightened security measures are necessary for the area
surrounding the Oyster Creek Generation Station. This rule will provide
the Captain of the Port Philadelphia with enforcement options to deal
with potnetial threats to the security of the plants.
Currently, the need for this security zone still exists. This
temporary rule will continue the effective period of the security zone
through March 4, 2004 during the 30-day delayed effective period of a
final rule published elsewhere in this issue of the Federal Register.
That final rule, entitled ``Security Zone; Oyster Creek Generation
Station, Forked River, Ocean County, NJ'', will become effective March
5, 2004 and will implement a permanent security zone surrounding the
plant.
Discussion of Rule
No person or vessel may enter or remain in the prescribed security
zone at any time without the permission of the Captain of the Port,
Philadelphia, Pennsylvania or designated representative. Federal,
state, and local agencies may assist the Coast Guard in the enforcement
of this rule.
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
[[Page 5285]]
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).
The primary impact of this rule will be on vessels wishing to
transit the affected waterway. Although this rule restricts traffic
from freely transiting portions of Oyster Creek and Forked River, that
restriction affects only a limited area and will be well publicized to
allow mariners to make alternative plans.
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.
This rule may affect the following entities, some of which may be
small entities: Owners or operators of fishing vessels and recreational
vessels wishing to transit the portions of Oyster Creek and Forked
River.
The rule will not have a significant impact on a substantial number
of small entities for the following reasons: The restrictions affect
only a limited area and traffic will be allowed to transit through the
zone with permission of the Coast Guard or designated representative.
The opportunity to engage in recreational and charter fishing outside
the geographical limits of the security zone will not be disrupted.
Therefore, this regulation should have a negligible impact on
recreational and charter fishing activity.
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 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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 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 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 analyzed this 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 Commandant Instruction M16475.lD,
from further environmental documentation.
A final ``Environmental Analysis Checklist'' and a final
``Categorical Exclusion Determination'' will be available in the docket
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. 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.
[[Page 5286]]
0
2. Section 165.T05-091 is reinstated and revised to read as follows:
Sec. 165.T05-091 Security Zone; Oyster Creek Generation Station,
Forked River, Ocean County, New Jersey.
(a) Location. The following area is a security zone: starting at
the south branch of the Forked River in the vicinity of the Oyster
Creek Generation Station, bounded by a line beginning at
3949'12.0'' N, 07412'13.0'' W; thence to
3948'39.7'' N, 07412'0'' W; along the
shoreline, thence to 3948'40.0'' N,
07412'0.3'' W; thence to 3949'11.8'' N,
07412'10.5'' W; thence back along the shoreline to the
beginning point. 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 temporary 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.
(d) Effective period. This section is effective from 5 p.m. (EDT)
on May 13, 2003, through March 4, 2004.
Dated: January 16, 2004.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 04-2309 Filed 2-3-04; 8:45 am]
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