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Security Zones; Crystal River, FL
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[Federal Register: December 4, 2001 (Volume 66, Number 233)]
[Rules and Regulations]
[Page 62940-62942]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de01-11]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP TAMPA-01-108]
RIN 2115-AA97
Security Zones; Crystal River, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary fixed security zones
around the Florida Power Crystal River nuclear power plant located at
the end of the Florida Power Corporation Channel, Crystal River,
Florida. The security zones are needed for national security reasons to
protect the public and the power plant from potential subversive acts.
Entry into the zones is prohibited, unless specifically authorized by
the Captain of the Port, Tampa, Florida, or his designated
representative.
DATES: This regulation is effective from 6 p.m. (EST) on November 21,
2001 until 6 p.m. (EDT) on June 15, 2002.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of [COTP Tampa-01-108]
and are available for inspection or
copying at Marine Safety Office Tampa, 155 Columbia Drive, Tampa,
Florida 33606-3598 between 7:30 a.m. and 3 p.m. Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT David G. McClellan, Coast Guard
Marine Safety Office Tampa, at (813) 228-2189 extension 102.
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 a NPRM. Publishing a NPRM and delaying
the rule's effective date would be contrary to the public interest
since immediate action is needed to protect the public, ports and
waterways of the United States. The Coast Guard will issue a broadcast
notice to mariners announcing the creation of this rule and place Coast
Guard or other law enforcement vessels in the vicinity of these zones
to advise mariners of the restriction.
For the same 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
Based on the September 11, 2001, terrorist attacks on the World
Trade Center buildings in New York City and the Pentagon in Arlington,
Virginia, there is an increased risk that subversive activity could be
launched by vessels or persons in close proximity to the Florida Power
Crystal River power plant. This power plant provides critical energy to
the Tampa area and contains extremely hazardous materials. The security
zone for the Florida Power Corporation Channel encompasses the waters
within the following points: 28 deg. 56.87' N, 082 deg. 45.17' W
(Northwest corner), 28 deg. 57.37' N, 082 deg. 41.92' W (Northeast
corner), 28 deg. 56.81' N, 082 deg. 45.17' W (Southwest corner), and
28 deg.
[[Page 62941]]
57.32' N, 082 deg. 41.92' W (Southeast corner). The security zone for
the Demory Gap Channel encompasses the waters within the following
points: 28 deg. 57.61' N, 082 deg. 43.42' W (Northwest corner), 28 deg.
57.53' N, 082 deg. 41.88' W (Northeast corner), 28 deg. 57.60' N,
082 deg. 43.42' W (Southwest corner), 28 deg. 57.51' N, 082 deg. 41.88'
W (Southeast corner). Entry into these security zones is prohibited,
unless specifically authorized by the Captain of the Port, Tampa,
Florida or his designated representative.
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 Transportation
(DOT) (44 FR 11040; February 26, 1979) because we have determined that
only a small number of recreational fishermen will be affected by this
regulation and there are ample areas nearby to fish that are not
covered by this regulation. Moreover, vessels may be allowed to enter
the zones on a case-by-case basis with the authorization of the Captain
of the Port.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule would have a significant economic
effect upon a substantial number of small entities. ``Small entities''
include 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 because we have determined that only a small number of
recreational fishermen will be affected by this regulation and there
are ample areas nearby to fish that are not covered by this regulation.
Moreover, small entities may be allowed to enter these zones on a case
by case basis with the authorization of the Captain of the Port.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they can 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 requirements
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
A rule has implication 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 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.
Environmental
The Coast Guard considered the environmental impact of this rule
and concluded under Figure 2-1, paragraph 34(g) of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation.
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.
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 relationships 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 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), Reports 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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 6.04-11, 160.5; 49 CFR 1.46.
[[Page 62942]]
2. A new temporary Sec. 165.T07-108 is added to read as follows:
Sec. 165.T07-108 Security Zones; Crystal River, Florida.
(a) Regulated area. The Coast Guard is establishing temporary fixed
security zones around the Florida Power Crystal River nuclear power
plant located at the end of the Florida Power Corporation Channel,
Crystal River, Florida. The security zone for the Florida Power
Corporation Channel encompasses the waters within the following points:
28 deg. 56.87' N, 082 deg. 45.17' W (Northwest corner), 28 deg. 57.37'
N, 082 deg. 41.92' W (Northeast corner), 28 deg. 56.81' N, 082 deg.
45.17' W (Southwest corner), and 28 deg. 57.32' N, 082 deg. 41.92' W
(Southeast corner). The security zone for the Demory Gap Channel
encompasses the waters within the following points: 28 deg. 57.61' N,
082 deg. 43.42' W (Northwest corner), 28 deg. 57.53' N, 082 deg. 41.88'
W (Northeast corner), 28 deg. 57.60' N, 082 deg. 43.42' W (Southwest
corner), 28 deg. 57.51' N, 082 deg. 41.88' W (Southeast corner).
(b) Regulations. In accordance with the general regulations in
Sec. 165.33 of this part, entry into this zone is prohibited except as
authorized by the Captain of the Port or his designated representative.
The Captain of the Port will notify the public via Marine Safety Radio
Broadcast on VHF Marine Band Radio, Channel 16 (157.1 MHz).
(c) Authority. The authority for this section is 33 U.S.C. 1226; 49
CFR 1.46.
(d) Dates. This section is effective at 6 p.m. (EST) on November
21, 2001 and will remain in effect until 6 p.m. (EDT) on June 15, 2002.
Dated: November 20, 2001.
A.L. Thompson, Jr.,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 01-30023 Filed 12-3-01; 8:45 am]
BILLING CODE 4910-15-P