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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Rules and Regulations]
[Pages 101892-101893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29803]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0500]
RIN 1625-AA00

Safety and Security Zones: Pilgrim Nuclear Power Plant, Plymouth 
Massachusetts

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is disestablishing the existing safety and 
security zone for Pilgrim Nuclear Power Plant, Plymouth, Massachusetts. 
Since the implementation of the regulation, the facility has 
permanently ceased power operations making the provisions of the 
security zone no longer applicable. The waterfront facility's safety 
and security zone will be removed from all charts, publications, and 
other navigational references. All related private aids to navigational 
marking the boundaries of the security zone will also be removed.

DATES: This rule is effective January 16, 2025.

ADDRESSES: To view the documents mentioned in the preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0500 in the search box and click ``Search'' in the Document Type 
column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call, or email Mr. Timothy Chase. Sector Boston, Waterways Management 
Division, U.S. Coast Guard; telephone 617-447-1620, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 9, 2024, Entergy Nuclear Operation, Inc, notified the 
Coast Guard that they had provided all the required documentation for 
disestablishment to the U.S. Nuclear Regulatory Commission as per 10 
CFR 50.82(a)(1)(i). Power operations have ceased at the Pilgrim Nuclear 
Power Station.
    In response, on August 30, 2024, the Coast Guard published a NPRM 
titled ``Safety and Security Zones; Pilgrim Nuclear Power Plant, 
Plymouth Massachusetts'' in the Federal Register (89 FR 70587). There 
we stated why we issued the NPRM and invited comments on our proposed 
regulatory action related to Safety and Security Zones: Pilgrim Nuclear 
Power Plant, Plymouth, Massachusetts. During the comment period that 
ended September 30, 2024, we received three written submissions.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46 
U.S.C. 70034, 70051, and 70124. The Captain of the Port Sector Boston 
Massachusetts (COTP) has determined that disestablishing the safety and 
security zone cited in 33 CFR 165.115, Safety and Security Zones: 
Pilgrim Nuclear Power Plant, Plymouth Massachusetts, by removing that 
section.

IV. Discussion of Comments, Changes, and the Rule

    As noted above the Coast Guard received three written submissions 
on our NPRM published on August 30, 2024. All three commenters were in 
favor of our proposal, no Public Meetings were requested or held. There 
are no changes in the regulatory text of

[[Page 101893]]

this rule from the proposed rule in the NPRM. The Coast Guard is 
disestablishing the safety and security zone cited in 33 CFR 165.115, 
Safety and Security Zones: Pilgrim Nuclear Power Plant, Plymouth, 
Massachusetts, by removing that section.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 12866 as amended by Executive Order 14094 
(Modernizing Regulatory review). Accordingly, this rule has not been 
reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the need to align 
the regulations with the current arrangements of the port as the 
waterfront facility safety and security zone is no longer required. The 
Captain of the Port of Boston Massachusetts is removing 33 CFR 165.115.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule would not have a significant economic 
impact on a substantial number of 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. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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). 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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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 (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such an expenditure, we do discuss the potential effects of this 
rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have made a preliminary determination that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves the disestablishment of a security zone. Normally such 
actions are categorically excluded from further review under paragraph 
L60(b) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 1. A Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

Sec.  165.115  [Removed]

0
2. Remove Sec.  165.115.

J.C. Frederick,
Captain, U.S. Coast Guard, Captain of the Port Sector Boston.
[FR Doc. 2024-29803 Filed 12-16-24; 8:45 am]
BILLING CODE 9110-04-P
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