[Federal Register Volume 69, Number 23 (Wednesday, February 4, 2004)]
[Rules and Regulations]
[Pages 5280-5282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2307]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Philadelphia 03-003]
RIN 1625-AA00


Security Zone; Salem and Hope Creek Generation Stations, Delaware 
River, Salem 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 Salem and Hope Creek Generation Stations. This 
security zone is needed to 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.T05-078, added at 68 FR 
32998, June 3, 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 03-003 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 at 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 an 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 that 
will create a permanent security zone in this area than originally 
expected at the time the last temporary final rule was issued. That 
final rule, entitled ``Security Zone; Salem and Hope Generating 
Stations, Delaware River, Salem, NJ'', appears elsewhere in today's 
Federal Register.
    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 on March 5, 2004.

Background and Purpose

    The need for this temporary security zone still exists. 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 Salem and 
Hope Creek Generation Stations. This temporary rule will provide the 
Captain of the Port Philadelphia with enforcement options to deal with 
potential threats to the security of the plants until a permanent 
security zone becomes effective on March 5, 2004.

Discussion of Rule

    This temporary rule will extend the effective period of the 
security zone from 5 p.m. (EST) on January 24, 2004, through March 4, 
2004. 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, PA 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 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 the Delaware 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 the Delaware 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.

[[Page 5281]]

    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.


0
2. Section 165.T05-078 is reinstated and revised to read as follows:


Sec. 165.T05-078  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<ls-thn-eq>28'08.0'' N, 075<deg<ls-thn-eq>32'31.7'' W to 
39<deg<ls-thn-eq>28'06.5'' N, 075<deg<ls-thn-eq>32'47.4'' W, thence to 
39<deg<ls-thn-eq>27'28.4'' N, 075<deg<ls-thn-eq>32'15.8'' W, thence to 
39<deg<ls-thn-eq>27'28.8'' N, 075<deg<ls-thn-eq>31'56.6'' W, thence to 
39<deg<ls-thn-eq>27'39.9'' N, 075<deg<ls-thn-eq>31'51.6'' 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 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.


[[Page 5282]]


    Dated: January 16, 2004.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port, Philadelphia.
[FR Doc. 04-2307 Filed 2-3-04; 8:45 am]
BILLING CODE 4910-15-P