50922 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Rules and Regulations 

From To 

Changeover points 

Distance From 

§ 95.8003 VOR Federal Airway Changeover Points 

Airway Segment V–259 Is Amended To Add Changeover Point 

Grand Strand, SC VORTAC ........................................... Florence, SC VORTAC ................................................... 25 Grand Strand 

[FR Doc. E9–23752 Filed 10–1–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0311] 

RIN 1625–AA00 

Direct Final Rule; Safety and Security 

Zones: Pilgrim Nuclear Power Plant, 

Plymouth, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: By this direct final rule, the 

Coast Guard is amending existing 

regulations with a set of coordinates 

which will better reflect the safety and 

security zone around the Pilgrim 

Nuclear Power Plant. This action will 

prohibit entry into, or movement 

within, the safety and security zones 

located in Cape Cod Bay and adjacent 

shore areas. This action is necessary to 

ensure public safety and prevent 

sabotage or terrorist acts. The safety and 

security zones will close certain waters 

of Cape Cod Bay near the Pilgrim 

Nuclear Power Plant and land adjacent 

to those waters. 

DATES: This rule is effective December 

31, 2009, unless an adverse comment, or 

notice of intent to submit an adverse 

comment, is either submitted to our 

online docket via http:// 

www.regulations.gov on or before 

December 1, 2009 or reaches the Docket 

Management Facility by that date. If an 

adverse comment, or notice of intent to 

submit an adverse comment, is received 

by December 1, 2009, we will withdraw 

this direct final rule and publish a 

timely notice of withdrawal in the 

Federal Register. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0311 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, e-mail 

or call Chief Eldridge McFadden, U.S. 

Coast Guard, Sector Boston, Waterways 

Management Division; telephone 617– 

223–5160, e-mail 

Eldridge.C.McFadden@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Public Meeting 

II. Abbreviations 

III. Regulatory Information 

IV. Background 

V. Discussion of the Rule 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0311), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online, or by fax, mail or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2009–0311’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ 

column.If you submit your comments by 

mail or hand delivery, submit them in 

an unbound format, no larger than 81⁄2

by 11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

0311’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. If you do not have access to the 

internet, you may also view the docket 

online by visiting the Docket 

Management Facility in Room W12–140 


pwalker on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Rules and Regulations 50923 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

C. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

D. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one to the docket using one of the 

methods specified under ADDRESSES. In 

your request, explain why you believe a 

public meeting 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. 

II. Abbreviations 

DHS Department of Homeland 

Security; 

FR Federal Register; 

§ Section symbol; 

U.S.C. United States Code. 

III. Regulatory Information 

We are publishing this direct final 

rule under 33 CFR 1.05–55 because we 

do not expect an adverse comment. If no 

adverse comment or notice of intent to 

submit an adverse comment is received 

by December 31, 2009, this rule will 

become effective as stated in the DATES

section. In that case, approximately 30 

days before the effective date, we will 

publish a document in the Federal 

Register stating that no adverse 

comment was received and confirming 

that this rule will become effective as 

scheduled. However, if we receive an 

adverse comment or notice of intent to 

submit an adverse comment, we will 

publish a document in the Federal 

Register announcing the withdrawal of 

all or part of this direct final rule. If an 

adverse comment applies only to part of 

this rule (e.g., to an amendment, a 

paragraph, or a section) and it is 

possible to remove that part without 

defeating the purpose of this rule, we 

may adopt, as final, those parts of this 

rule on which no adverse comment was 

received. We will withdraw the part of 

this rule that was the subject of an 

adverse comment. If we decide to 

proceed with a rulemaking following 

receipt of an adverse comment, we will 

publish a separate notice of proposed 

rulemaking (NPRM) and provide a new 

opportunity for comment. 

A comment is considered ‘‘adverse’’ if 

the comment explains why this rule or 

a part of this rule would be 

inappropriate, including a challenge to 

its underlying premise or approach, or 

would be ineffective or unacceptable 

without a change. 

IV. Background 

Safety and security zones were 

established to safeguard the Pilgrim 

Nuclear Power Plant in light of terrorist 

attacks on New York City and 

Washington, DC on September 11, 2001. 

The zones were implemented to protect 

persons at the facility, the public, and 

surrounding communities from sabotage 

or other subversive acts, accidents, or 

other similar events. The Pilgrim 

Nuclear Power Plant is a possible target 

of terrorist attack due to the potential 

catastrophic impact an attack would 

have on such a plant. Established safety 

and security zones prohibit entry into or 

movement within the specified areas. 

The rulemaking regarding this site, 

published in the Federal Register [67 

FR 37689], established security and 

safety zones having identical boundaries 

delineated as follows: All waters of 

Cape Cod Bay and land adjacent to 

those waters enclosed by a line 

beginning at position 41°57′5′′ N, 

070°34′42′′ W; then running southeast to 

position 41°56′40.5′′ N, 070°34′4.5′′ W; 

then running southwest to position 

41°56′55.5′′ N, 070°34′52′′ W; then 

returning to its point of origin. These 

positions were incorrect (one of the 

positions is in fact 6 miles inland). This 

regulation aims to correct the previous 

regulation. 

Buoy markers, which serve as a visual 

reminder of the safety and security zone 

surrounding the Nuclear Power Plant, 

have already been placed at the 

intended coordinates surrounding the 

plant. This regulation will amend the 

existing coordinates, to reflect the 

originally intended parameters. 

No person or vessel may enter or 

remain in the prescribed safety and 

security zones at any time without the 

permission of the Captain of the Port. 

All persons and vessels in a safety and 

security zone must obey all directions 

and orders made by the Captain of the 

Port, or any other designated on-scene 

Coast Guard representative. The Captain 

of the Port may take possession and 

control of any vessel in a security zone 

and/or remove any person, vessel, 

article or thing from a security zone. No 

person may board, take or place any 

article or thing on board any vessel, or 

waterfront facility, in a security zone 

without permission of the Captain of the 

Port. 

These regulations are issued under 

authority contained in 50 U.S.C. 191, 33 

U.S.C. 1223, 1225 and 1226. Violations 

of safety or security zone described 

herein, are punishable by, among others, 

civil penalties (not to exceed $25,000 

per violation, where each day of a 

continuing violation is a separate 

violation), criminal penalties 

(imprisonment for not more than 10 

years and a fine of not more than 

$100,000), in rem liability against the 

offending vessel, and license sanctions. 

V. Discussion of the Rule 

The current safety and security zone 

regulation is erroneous as it cites 

incorrect coordinates. This regulation 

will correct the existing one by adding 

coordinates which reflect the actual 

safety and security zones delineated by 

the buoys already put in place by the 

Pilgrim Power Plant. The new 

regulation will change the safety and 

security zone from: 

41°57′5′′ N, 070°34′42′′ W; then 

running southeast to position 

41°56′40.5′′ N, 070°34′4.5′′ W; then 

running southwest to position 

41°56′55.5′′ N, 070°34′52′′ W; then 

returning to its point of origin to: 

41°56′59.3′′ N, 070°34′58.5′′ W; thence 

to 41°57′12.2′′ N, 070°34′41.9′′ W; thence 

to 41°56′42.3′′ N, 070°34′00.1′′ W; thence 

to 41°56′29.5′′ N, 070°34′14.5′′ W. 

VI. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

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. This rule is not a significant 

regulatory action because it seeks only 

to update the previous regulation with 

the correct and intended coordinates. 

These coordinates have already been 

marked by buoys, and mariners in the 

surrounding area already know to avoid 

this zone. 


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50924 Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Rules and Regulations 

B. 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. 

This rule would affect the following 

entities, some of which might be small 

entities: Fishermen, and the owners or 

operators of vessels intending to transit, 

fish or anchor in a portion of Cape Cod 

Bay, Massachusetts. However, as stated 

above, because mariners have already 

been maintaining a certain distance 

from the plant, with the assistance of 

buoys as visual markers, little to no 

effect will be realized once the new 

regulation is implemented. 

Therefore, 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. Comments submitted in 

response to this finding will be 

evaluated under the criteria in the 

‘‘Regulatory Information’’ section of this 

preamble. 

C. 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 rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. If the rule 

will affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please consult Chief 

Eldridge McFadden, U.S. Coast Guard, 

Sector Boston, Waterways Management 

Division; telephone 617–223–5160, email Eldridge.C.McFadden@uscg.mil. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

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). 

D. 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). 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if the rule 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. 

F. 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. 

G. 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. 

H. 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. 

I. 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. 

J. 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. 

K. 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. 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. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded under section 2.B.2, figure 2– 

1, paragraph (34)(g) of the Instruction. 

This rule involves the correction of 

safety and security zones which were 

implemented in a previous regulation. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 


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Federal Register / Vol. 74, No. 190 / Friday, October 2, 2009 / Rules and Regulations 50925 

docket where indicated under the 

‘‘Public Participation and Request for 

Comments’’ section of this preamble. 

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, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 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. Revise § 165.115(a) to read as 

follows: 

§ 165.115 Safety and Security Zones; 

Pilgrim Nuclear Power Plant, Plymouth, 

Massachusetts. 

(a) Location. All waters of Cape Cod 

Bay and land adjacent to those waters 

enclosed by a line beginning at position 

41°56′59.3′′ N, 070°34′58.5′′ W; thence to 

1°57′12.2′′ N, 070°34′41.9′′ W; thence to 

41°56′42.3′′ N, 070°34′00.1′′ W; thence to 

41°56′29.5′′ N, 070°34′14.5′′ W. 

* * * * * 

Dated: July 29, 2009. 

Nathan E. Knapp, 

Commander, U.S. Coast Guard, Captain of 

the Port Boston, Acting. 

[FR Doc. E9–23754 Filed 10–1–09; 8:45 am] 

BILLING CODE 4910–15–P 


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