Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Rules and Regulations 67487

authority delegated to the Commissioner

of Food and Drugs.

Dated: December 21, 2001.

Margaret M. Dotzel,

Associate Commissioner for Policy.

[FR Doc. 01–32086 Filed 12–28–01; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–207]

RIN 2115–AA97

Security Zone: Seabrook Nuclear

Power Plant, Seabrook, New

Hampshire

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary security zone

around the Seabrook Nuclear Power

Plant in Seabrook, New Hampshire. The

security zone will close off public

access to all land and waters within 250

yards of the waterside property

boundary of Seabrook Nuclear Power

Plant. This action is necessary 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 7, 2001 until June 15, 2002.

ADDRESSES: Documents indicated in this

preamble as being available in the

docket are part of docket CGD01–01–

207 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,

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, two commercial

aircraft were hijacked from Logan

Airport in Boston, Massachusetts and

flown into the World Trade Center in

New York, New York inflicting

catastrophic human casualties and

property damage. National security and

intelligence officials warn that future

terrorist attacks against civilian targets

may be anticipated. The Seabrook

Nuclear Power Plant is open to possible

attack from waters adjacent to nearby

Hampton Harbor. Due to the potential

catastrophic effect an exposure of

radiation from the nuclear processes at

the plant would have on the

surrounding area, this rulemaking is

urgently required to prevent potential

future terrorist strikes against the

Seabrook 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 Seabrook

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 terrorist attacks against the

Seabrook Nuclear Power Plant and are

needed to protect the facility, persons at

the facility, the public and the

surrounding community from potential

sabotage or other subversive activity,

sabotage and terrorist attacks, either

from the water or by access to the

facility by utilizing public trust lands

between the low water 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 Hampton Harbor,

New Hampshire and the surrounding

waters as vessels are able to pass safely

outside the zone. Public notifications

will be made to the maritime

community via local notice to mariners

and signs posted to inform the public of

the boundaries of the zone.

Background and Purpose

In light of terrorist attacks on New

York City and Washington D.C. on

September 11, 2001 a security zone is

being established to safeguard the

Seabrook 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

Seabrook Nuclear Power Plant presents

a possible target of terrorist attack due

to the catastrophic impact a release of

nuclear radiation would have on the

surrounding area. This security zone

prohibits entry into or movement within

the specified areas.

This rulemaking establishes a security

zone in all land and waters within 250

yards of the waterside property

boundary of Seabrook Nuclear Power

Plant in Seabrook, New Hampshire

bounded by a line beginning at position

42°53′58′′ N, 070°51′06′′ W, then

running along the Seabrook Nuclear

Power Plant property boundaries,

ending at position 42°53′46′′ N,

070°51′06′′ W. The area along the Plant

property boundaries is an area

delineated by a fence, and runs east

around the easternmost point of the

property boundaries of Seabrook

Nuclear Power Plant, then turns west to

the point of termination. This security

zone also closes all land 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. This

rulemaking is necessary to provide

complete protection of the waterfront

areas of the Seabrook Nuclear Power

Plant.

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. Each person or

vessel in a security zone shall obey any

direction or order of the Captain of the

Port. 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.

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: The

protected area is not regularly

navigated; there is ample room for

vessels to navigate around the security

zone; notifications will be made to the

local maritime community; and signs

67488 Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Rules and Regulations

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 Hampton Harbor. 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 wants to assist small

entities in understanding this final rule

so that they can better evaluate its

effects on them and participate in the

rulemaking. If your small business or

organization would be 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 would call 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 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 concern 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. A rule

with tribal implications has 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

Administer 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 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. 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 § 165.T01—207 to

read as follows:

§ 165.T01—207 Security Zone: Seabrook

Nuclear Power Plant, Seabrook, New

Hampshire.

(a) Location. The following area is a

security zone: All land and waters

within 250 yards of the waterside

property boundary of Seabrook Nuclear

Power Plant identified as follows:

beginning at position 42°53′58′′ N,

070°51′06′′ W then running along the

property boundaries of Seabrook

Nuclear Power Plant to its position

42°53′46′′ N, 070°51′06′′ W.

(b) Effective dates. This section is

effective from December 7, 2001 until

June 15, 2002.

(c) Regulations.

(1) In accordance with the general

regulations in § 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. OnVerDate 11<MAY>2000 16:00 Dec 28, 2001 Jkt 197001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\31DER1.SGM pfrm01 PsN: 31DER1
Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Rules and Regulations 67489

scene 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.

Dated: December 7, 2001.

M. P. O’Malley,

Commander, U.S. Coast Guard Captain of

the Port, Portland, Maine.

[FR Doc. 01–32119 Filed 12–28–01; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301202; FRL–6817–1]

RIN 2070–AB78

Clethodim; Pesticide Tolerances for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

time-limited tolerances for combined

residues of clethodim and its

metabolites and their sulphoxides and

sulphones in or on tall fescue forage and

tall fescue hay. This action is in

response to EPA’s granting of an

emergency exemption under section 18

of the Federal Insecticide, Fungicide,

and Rodenticide Act authorizing use of

the pesticide on tall fescue. This

regulation establishes a maximum

permissible level for residues of

clethodim in these food commodities.

The tolerances will expire and are

revoked on June 30, 2004.

DATES: This regulation is effective

December 31, 2001. Objections and

requests for hearings, identified by

docket control number OPP–301202,

must be received by EPA on or before

March 1, 2002.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit VII. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301202 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Barbara Madden, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (703) 305–6463]; and e-mail

address: Madden.Barbara@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by

this action if you are an agricultural

producer, food manufacturer, or

pesticide manufacturer. Potentially

affected categories and entities may

include, but are not limited to:

Categories NAICS

codes

Examples of potentially affected entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of This

Document and Other Related

Documents?

1. Electronically.You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations,’’ ‘‘Regulations

and Proposed Rules,’’ and then look up

the entry for this document under the

‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

theFederal Register listings at http://

www.epa.gov/fedrgstr/. A frequently

updated electronic version of 40 CFR

part 180 is available at http://

www.access.gpo.gov/nara/cfr/

cfrhtml_00/Title_40/40cfr180_00.html, a

beta site currently under development.

2.In person. The Agency has

established an official record for this

action under docket control number

OPP–301202. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period is available

for inspection in the Public Information

and Records Integrity Branch (PIRIB),

Rm. 119, Mall # 2, 1921 Jefferson Davis

Hwy., Arlington, VA, from 8:30 a.m. to

4 p.m., Monday through Friday,

excluding legal holidays. The PIRIB

telephone number is (703) 305–5805.

II. Background and Statutory Findings

EPA, on its own initiative, in

accordance with sections 408(e) and 408

(l)(6) of the Federal Food, Drug, and

Cosmetic Act (FFDCA), 21 U.S.C. 346a,

is establishing a tolerance for combined

residues of the herbicide clethodim,

[(E)-(±)-2-[1-[[(3-chloro-2-

propenyl)oxy]imino]propyl]-5-[2-

(ethylthio)propyl]-3-hydroxy-2-

cyclohexen-1-one] and its metabolites

containing the 5-(2-

ethylthiopropyl)cyclohexene-3-one and

5-(2-ethylthiopropyl)-5-

hydroxycyclohexene-3-one moieties and

their sulphoxides and sulphones,

expressed as clethodim, in or on tall

fescue forage at 10 parts per million

(ppm) and tall fescue hay at 20 ppm.

These tolerances will expire and are

revoked on June 30, 2004. EPA will

publish a document in the Federal

Register to remove the revoked

tolerance from the Code of Federal

Regulations.

Section 408(l)(6) of the FFDCA

requires EPA to establish a time-limited

tolerance or exemption from the

requirement for a tolerance for pesticide

chemical residues in food that will

result from the use of a pesticide under

an emergency exemption granted by

EPA under section 18 of FIFRA. Such

tolerances can be established without

providing notice or period for public

comment. EPA does not intend for its

actions on section 18 related tolerances

to set binding precedents for the

application of section 408 and the new

safety standard to other tolerances and

exemptions. Section 408(e) of the