6156 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 

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. 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. Temporary § 165.T05–092 is 

reinstated and revised to read as follows:

§ 165.T05–093 Security Zone; Peach 

Bottom Atomic Power Station, 

Susquehanna River, York County, 

Pennsylvania. 

(a) Location. The following area is a 

security zone: The waters of the 

Susquehanna River in the vicinity of the 

Peach Bottom Atomic Power Station 

bounded by a line drawn from a point 

located at 39°45′36.36′′ N, 076°16′08.93′′

W to 39°45′38.72′′ N, 076°15′57.00′′ W, 

thence to 39°45′28.95′′ N, 076°15′49.74′′

W, thence to 39°45′28.20′′ N, 

076°16′02.24′′ W. All coordinates 

reference Datum: NAD 1983. 

(b) Regulations. (1) All persons are 

required to comply with the general 

regulations governing security zones in 

§ 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 16. The Captain of the 

Port can be contacted at (215) 271–4940. 

(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 16. 

(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. 

(d) Effective period. This section is 

effective from 5 p.m. (EDT) on May 13, 

2003, through 11:59 p.m. EST on 

February 29, 2004.

Dated: January 16, 2004. 

Jonathan D. Sarubbi, 

Captain, U.S. Coast Guard, Captain of the 

Port Philadelphia.

[FR Doc. 04–2744 Filed 2–9–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Philadelphia 03–007] 

RIN 1625–AA00 

Security Zone; Three Mile Island 

Generating Station, Susquehanna 

River, Dauphin County, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; change in 

effective period. 

SUMMARY: The Coast Guard is 

continuing the effective period of the 

temporary security zone on the waters 

adjacent to the Three Mile Island 

Generating Station. This 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 generating station.

DATES: Effective January 16, 2004, 

§ 165.T05–093, originally added at 68 

FR 33399, June 4, 2003, effective from 

5 p.m. e.d.t. on May 13, 2003, to 5 p.m. 

e.s.t. on January 24, 2004, is reinstated 

and is effective through 11:59 p.m. 

(e.s.t.) on February 29, 2004.

ADDRESSES: Documents as indicated in 

this preamble are available as part of 

docket COTP Philadelphia 03–007 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 

rule. 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 rule 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. 

Delaying the effective date of the rule 

would be contrary to the public interest, 

since immediate action is needed to 

continue to protect the persons at the 

facilities, the public and surrounding 

communities from the release of nuclear 

radiation. This security zone should 

have minimal impact on vessel transits 

because the security zone does not block 

the channel. 

On September 16, 2003, we published 

a notice of proposed rulemaking (68 FR 

54177) to create a permanent security 

zone in the same area this temporary 

final rule covers. It is taking longer to 

resolve issues related to the final rule 

than originally expected at the time the 

first temporary final rule was issued (68 

FR 33399, June 4, 2003). Our extension 

of the effective period of the temporary 

security zone is intended to provide the 

Coast Guard with enough time to 

complete the rulemaking for a 

permanent zone without an interruption 

in the protection provided at the site by 

the temporary security zone. 

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 Three Mile Island 

Generating Station. This rule will 

provide the Captain of the Port 

Philadelphia with enforcement options 

to deal with potential threats to the 

security of the plants. As noted, the 

Coast Guard has proposed to implement 

a permanent security zone surrounding 

the plants.

Discussion of Rule 

This temporary rule will extend the 

effective period of the security zone 

from 5 p.m. (e.s.t.) on January 24, 2004, 

to 11:59 p.m. (e.s.t.) on February 29, 

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, 

Pennsylvania or designated 

representative. Federal, State, and local 

Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 6157

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 Susquehanna 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 

Susquehanna 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.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows:

6158 Federal Register / Vol. 69, No. 27 / Tuesday, February 10, 2004 / Rules and Regulations 

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. Section 165.T05–093 is reinstated 

and revised to read as follows:.

§ 165.T05–093 Security Zone; Three Mile 

Island Generating Station, Susquehanna 

River, York County, Pennsylvania. 

(a) Location. The following area is a 

security zone: The waters of the 

Susquehanna River in the vicinity of the 

Three Mile Island Generating Station 

bounded by a line drawn from a point 

located at 40°09′14.74′′ N, 076°43′40.77′′

W to 40°09′14.74′′ N, 076°43′42.22′′ W, 

thence to 40°09′16.67′′ N, 076°43′42.22′′

W, thence to 40°09′16.67′′ N, 

076°43′40.77′′ W. All coordinates 

reference Datum: NAD 1983. 

(b) Regulations. (1) All persons are 

required to comply with the general 

regulations governing security zones in 

§ 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. 

(d) Effective period. This section is 

effective from 5 p.m. (EDT) on May 13, 

2003, through 11:59 p.m. (EST) on 

February 29, 2004.

Dated: January 16, 2004. 

Jonathan D. Sarubbi, 

Captain, U.S. Coast Guard, Captain of the 

Port Philadelphia.

[FR Doc. 04–2743 Filed 2–9–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–04–011] 

RIN 1625–AA00 

Security Zone; Chesapeake Bay, 

Hampton Roads, Elizabeth River, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

encompassing all waters surrounding

P/V MAASDAM, to ensure the security 

of the vessel during inbound and 

outbound transits in the Port of 

Hampton Roads, and while the vessel is 

berthed at Nauticus International 

Terminal. The security zone will extend 

in a 500-yard radius around P/V 

MAASDAM and require that all vessels 

transiting within 500 yards of P/V 

MAASDAM operate only at the 

minimum speed necessary to maintain 

course. No vessels are allowed within 

100 yards of P/V MAASDAM without 

authorization by the Captain of the Port, 

Hampton Roads, or his designated 

representative.

DATES: This rule is effective from 

January 20, 2004, to April 24, 2004.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–04–

011 and are available for inspection or 

copying at USCG Marine Safety Office 

Hampton Roads, 200 Granby Street, 

Suite 700, Norfolk, Virginia, 23510, 

between 9:30 a.m. and 2 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT 

Mike Dolan, project officer, USCG 

Marine Safety Office Hampton Roads, at 

(757) 668–5590.

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), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. The 

Holland America cruise line only 

recently finalized arrangements with 

Federal and local agencies to allow the 

P/V MAASDAM to conduct regular 

passenger cruises from Norfolk. As a 

result, the Coast Guard received the 

final schedule for the MAASDAM in 

January 2004. Coast Guard policy 

dictates that the Captain of the Port will 

provide for the security of high-capacity 

passenger vessels, and this security zone 

is necessary for that purpose. 

Publishing an NPRM, which would 

incorporate a comment period before a 

final rule was issued, would be contrary 

to the public interest since immediate 

action is needed to protect this vessel 

from potential security threats. For 

similar reasons, 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. 

Background and Purpose 

Following terrorist attacks on the 

United States in September 2001, there 

is a heightened awareness that vessels 

or persons could launch subversive 

activity against passenger ships. These 

regulations are necessary to protect the 

vessel, its passengers, and its crew from 

these potential threats. The Coast Guard 

is establishing a temporary security 

zone to ensure the vessel’s safe inbound 

and outbound transits, and to protect 

the vessel while moored at Nauticus 

International Terminal. 

Discussion of Rule 

The Coast Guard is establishing 

temporary security zones to ensure safe 

transits and port calls for the P/V 

MAASDAM. The security zones will be 

activated while the P/V MAASDAM 

transits in the Port of Hampton Roads, 

and while it is berthed at Nauticus 

International Terminal. This rule is 

effective from January 20, 2004, to April 

24, 2004. The security zone will extend 

in a 500-yard radius around P/V 

MAASDAM. All vessels within 500 

yards must operate only at the 

minimum speed necessary to maintain 

course. No vessels are allowed within 

100 yards of P/V MAASDAM without 

authorization by the Captain of the Port, 

Hampton Roads, or his designated 

representative. This rule will provide 

for increased security of the vessel and 

other vessels transiting in the area, and 

will allow the uninterrupted flow of 

commerce in the Port of Hampton 

Roads. Public notifications will be made 

prior to the transit via marine 

information broadcasts. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory