Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations 65105

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we offered to assist small entities

in understanding the rule so that they

could better evaluate its effects on them

and participate in the rulemaking

process. If the rule will affect your small

business, organization, or government

jurisdiction and you have questions

concerning its provisions or options for

compliance, please contact the person

listed under FOR FURTHER INFORMATION

CONTACT for assistance in understanding

this rule.

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

an expenditure, we do discuss the

effects of this rule elsewhere in this

preamble.

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.

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 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.

Environment

The Coast Guard has considered the

environmental impact of this action and

has determined under Figure 2–1,

paragraph 32(e) of Commandant

Instruction M16475.1D, that this rule is

categorically excluded from further

environmental documentation.

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.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g).

2. Section 117.311 is revised to read

as follows:

§ 117.311 New Pass

The draw of the State Road 789

bridge, mile 0.05, at Sarasota, need only

open on the hour, twenty minutes past

the hour, and forty minutes past the

hour from 7 a.m. to 6 p.m. From 6 p.m.

to 7 a.m., the draw shall open on signal

if at least 3 hours notice is given to the

bridge tender. Public vessels of the

United States, tugs with tows, and

vessels in a situation where a delay

would endanger life or property shall,

upon proper signal, be passed at any

time.

§ 117.299 Longboat Pass (Removed)

Remove § 117.299.

Dated: December 1, 2001.

James S. Carmichael,

Rear Admiral, U.S. Coast Guard, Commander,

Seventh Coast Guard District.

[FR Doc. 01–31174 Filed 12–17–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–206]

RIN 2115–AA97

Security Zone: Maine Yankee Nuclear

Power Plant, Wiscasset, Maine

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary security zone

around the Maine Yankee Power Plant

in Wiscasset, Maine, temporarily closing

all land and waters surrounding Bailey

Point and Foxbird Island. This security

zone prohibits entry into or movement

within a portion of the Back River and

adjacent land areas and is needed to

ensure public safety and prevent

sabotage or terrorist acts. Entry into this

security zone is prohibited unless

authorized by the Captain of the Port,

Portland, Maine.

DATES: This rule is effective from

December 10, 2001 until June15, 2002.

ADDRESSES: Documents indicated in this

preamble as being available in the

65106 Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations

docket are part of docket CGD01–01–

206 and are available for inspection or

copying at Marine Safety Office

Portland, Maine, 103 Commercial Street,

Portland, Maine between 8 a.m. and 4

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) W. W. Gough,

Chief, Ports and Waterways Safety

Branch, Port Operations Department,

Captain of the Port, Portland, Maine at

(207) 780–3251.

SUPPLEMENTARY INFORMATION:

Regulatory History

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. On

September 11, 2001, terrorist attacks in

New York and Washington DC inflicted

catastrophic human casualties and

property damage. National security and

intelligence officials warn that future

terrorist attacks against civilian targets

may be anticipated. The Maine Yankee

Nuclear Plant is located on a peninsula,

surrounded by water, exposing it to

possible attack initiated from waters

surrounding the power plant. Due to the

catastrophic effect an exposure to

radiation from the nuclear material

stored at the plant would have on the

surrounding area, this rulemaking is

urgently required to prevent potential

future terrorist strikes against the Maine

Yankee Nuclear Power Plant. The delay

inherent in the NPRM process is

contrary to the public interest insofar as

it may render people and facilities

within and adjacent to the Maine

Yankee Nuclear Power Plant property

vulnerable to subversive activity,

sabotage or terrorist attack.

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. The measures implemented in

this rule are intended to prevent

possible terrorists attacks against the

Maine Yankee Nuclear Power Plant, and

are needed to protect the facility,

persons at the facility, the public and

the surrounding communities from

potential sabotage or other subversive

activity, sabotage and terrorists attacks,

either from the water or by access to the

facility by utilizing public trust lands

between the low and high water tide

lines. Immediate action is required to

accomplish these objectives. Any delay

in the effective date of this rule is

impracticable and contrary to the public

interest. This zone should have minimal

impact on the users of Bailey Point,

Foxbird Island and the surrounding

waters, as this zone only restricts

movement adjacent to the Bailey Point,

allowing vessels to pass safely outside

the zones. Public notifications will be

made to the maritime community via

notice to mariners, marine information

broadcasts and signs posted informing

them of the boundaries of the zones.

Background and Purpose

In light of terrorist attacks on New

York City and Washington DC on

September 11, 2001 a security zone is

being established to safeguard the Maine

Yankee Nuclear Power Plant, persons at

the facility, the public and surrounding

communities from sabotage or other

subversive acts, accidents, or other

events of a similar nature. The Maine

Yankee Nuclear Plant is located on a

peninsula, surrounded by water, making

it vulnerable to possible attack initiated

from waters surrounding the power

plant. The Maine Yankee Nuclear Power

Plant presents a possible target of

terrorist attack due to the catastrophic

impact release of nuclear radiation

would have on the surrounding area.

This rulemaking establishes a security

zone in all land and waters surrounding

Bailey Point and Foxbird Island within

a zone beginning at position 43°57′23′′

N, 069°41′17′′ W then running

southeasterly to 43°56′40′′ N, 069°41′40′′

W then running west to 43°56′40′′ N,

069°41′56′′ W then running north to

43°57′06′′ N, 069°41′56′′ W then running

north-northeasterly to 43°57′21′′ N,

069°41′48′′ W then running northnorthwesterly to 43°57′39′′ N,

069°41′52′′ W then south-southeasterly

to the point of origin.

This rulemaking is necessary to

provide complete protection of the

waterfront areas of the Maine Yankee

Nuclear Power Plant. This security zone

prohibits entry into or movement within

the specified areas. This security zone

also closes all lands within the zone to

prevent access along areas traditionally

reserved for public use between the

mean low water tide line and the mean

high water tide line.

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, Portland, Maine.

Each person or vessel in a security zone

shall obey any direction or order of the

Captain of the Port, Portland, Maine.

The Captain of the Port, Portland, Maine

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, Portland, Maine.

These regulations are issued under

authority contained in 33 U.S.C. 1223,

1225 and 1226.

Regulatory Evaluation

This temporary final rule is not a

‘‘significant regulatory action’’ under

section 3(f) of Executive Order 12866

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

Transportation (DOT) (44 FR 11040;

February 26, 1979).

The Coast Guard expects the

economic impact of this proposal to be

so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. The effect of this

regulation will not be significant for

several reasons: there is ample room for

vessels to navigate around the zones in

the Back River, notifications will be

made to the local maritime community

and signs will be posted informing the

public of the boundaries of the zone.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

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 will affect the following

entities, some of which may be small

entities: the owners or operators of

vessels intending to transit or anchor in

a portion of the Back River. For the

reasons enumerated in the Regulatory

Evaluation section above, this security

zone will not have a significant

economic impact on a substantial

number of small entities.

Assistance for Small Entities

Under subsection 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

the Coast Guard offers to assist small

entities in understanding this rule so

that they can better evaluate its effects

on them and participate in the

rulemaking. If your small business or

Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations 65107

organization is affected by this final rule

and you have questions concerning its

provisions or options for compliance,

please call Lieutenant (Junior Grade)

Wade W. Gough, Marine Safety Office

Portland, Maine, at (207) 780–3251.

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 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

The Coast Guard has analyzed this

rule under Executive Order 13132 and

has determined that this rule does not

have implications for federalism under

that Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

Unfunded Mandate is a regulation that

requires a state, local or tribal

government or the private sector to

incur costs without the Federal

government’s having first provided the

funds to pay those costs. This rule will

not impose an unfunded mandate.

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.

Civil Justice Reform

This rule meets applicable standards

in section 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate ambiguity

and reduce burden.

Protection of Children

The Coast Guard has 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.

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.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that, under Figure 2–1,

paragraph 34(g) of Commandant

Instruction M16475.1D, this rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket where

indicated under ADDRESSES.

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.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 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. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49

CFR 1.46.

2. Add temporary section, 165.T01–

206, to read as follows:

§ 165.T01–206 Security Zone; Maine

Yankee Nuclear Power Plant, Wiscasset,

Maine.

(a) Location. The following area is a

security zone: All land and waters

surrounding Bailey Point and Foxbird

Island within a zone beginning at

position 43°57′23′′ N, 069°41′17′′ W then

running southeasterly to 43°56′40′′ N,

069°41′40′′ W then running west to

43°56′40′′ N, 069°41′56′′ W then running

north to 43°57′06′′ N, 069°41′56′′ W then

running north-northeasterly to 43°57′21′′

N, 069°41′48′′ W then running northnorthwesterly to 43°57′39′′ N,

069°41′52′′ W then south-southeasterly

to the point of origin.

(b) Effective date. This section is

effective from December 10, 2001 until

June 15, 2001.

(c) Regulations.

(1) In accordance with the general

regulations in section 165.33 of this

part, entry into or movement within this

zone is prohibited unless authorized by

the Captain of the Port, Portland, Maine.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port,

Portland, Maine or designated on-scene

U. S. Coast Guard patrol personnel. Onscene Coast Guard patrol personnel

include commissioned, warrant and

petty officers of the Coast Guard on

board Coast Guard, Coast Guard

Auxiliary, local, state, and federal law

enforcement vessels.

(3) No person may enter the waters

within the boundaries of the security

zone unless previously authorized by

the Captain of the Port, Portland, Maine

or his authorized patrol representative.

(d) In addition to 33 U.S.C. 1231 and

49 CFR 1.46, the authority for this

section includes 33 U.S.C. 1226.

Dated: December 7, 2001.

M.P. O’Malley,

Commander, U.S. Coast Guard, Captain of

the Port, Portland, Maine.

[FR Doc. 01–31172 Filed 12–17–01; 8:45 am]

BILLING CODE 4910–15–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–D–7517]

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the