[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Rules and Regulations]
[Pages 38753-38755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19179]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD11-98-005]
RIN 2115-AA97
Safety/Security Zone; San Francisco Bay, San Pablo Bay, Carquinez
Strait, and Suisun Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a moving safety/security zone
around vessels transporting foreign research reactor spent nuclear
materials on the navigable waters of San Francisco Bay, San Pablo Bay,
Carquinez Strait, and Suisun Bay, CA. The zone will extend 200 yards
ahead and astern, and 100 yards to each side of each vessel carrying
the nuclear materials, during transit from San Francisco Main Ship
Channel buoys 7 and 8 to the Weapons Support Facility Seal Beach
Detachment Concord on Suisun Bay. The zone will remain in effect while
the transport vessels are moored at the Weapons Support Facility Seal
Beach Detachment Concord until all nuclear materials cargo operations
have been completed.
The purposes of this safety/security zone are three-fold: To ensure
the safety of the participant transport vessels and crew, and of all
other vessels and crew in the vicinity of the participant transport
vessels; to protect the environment against potential harm; and to
ensure the security of the participant transport vessels, and of the
property of the United States Government contained on those vessels,
against sabotage or other subversive and/or disruptive acts. No persons
or vessels will be allowed to enter, operate, or anchor within this
zone, except as may be authorized by Commander, Eleventh Coast Guard
District, or his designated representative.
DATES: This rule becomes effective July 8, 1998.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Mark Dix, U.S. Coast Guard Marine Safety Office
San Francisco Bay, at (510) 437-3073.
SUPPLEMENTARY INFORMATION:
Regulatory History
On May 7, 1998, the Coast Guard published a notice of proposed
rulemaking entitled Safety/Security Zone: San Francisco Bay, San Pablo
Bay, Carquinez Strait, and Suisun Bay, CA in the Federal Register (63
FR 25189-25191). The comment period ended July 6, 1998. The Coast Guard
received no comments on the proposal. No public hearing was requested,
and none was held.
Good cause exists for making this rule effective prior to
publication of this Final Rule in the Federal Register because the
shipments of spent nuclear materials necessitating promulgation of this
safety/security zone may begin immediately. Consequently, shipments of
spent nuclear materials might occur prior to the effective date of this
regulation if the regulation does not become effective until 30 days
after publication of this Final Rule in the Federal Register, creating
hazardous, unsafe navigation conditions and serious national security
concerns during the shipments.
Background and Purpose
As part of a major national security objective to further the
objectives of the 1968 Treaty On Non-Proliferation of Nuclear Weapons,
the United States Department of Energy (DOE) will be receiving several
shipments of foreign research reactor spent nuclear fuel at the Weapons
Support Facility Seal Beach Detachment Concord in Concord, CA over a
period of years. As such, DOE is responsible for the shipments
necessitating promulgation of this safety/security zone.
The Coast Guard is establishing a temporary moving safety/security
zone around any/all vessels transporting these foreign research reactor
spent nuclear materials on behalf of DOE and the United States
Government on the navigable waters of San Francisco Bay, San Pablo Bay,
Carquinez Strait, and Suisun Bay, CA, and at the Weapons Support
Facility Seal Beach Detachment.
The Coast Guard does not anticipate that maritime traffic will be
significantly impacted by the promulgation of this safety/security zone
because the transit of the transport vessel(s) is expected to be
expeditious, and it has been scheduled on a day and time of
historically light maritime traffic, so as to maximize safety and
minimize any delay or inconvenience caused by the shipment. The
purposes of this safety/security zone are three-fold: (1.) Pursuant to
33 CFR 165.23, to ensure the safety of the participant transport
vessel(s) and crew, and of all other vessels and crew in the vicinity
of the participant transport vessel(s) (2.) pursuant to 33 CFR 165.23,
to protect the environment against potential harm; and, (3.) pursuant
to 33 CFR 165.33, to ensure the security of the participant transport
vessel(s), and of the property of the United States Government
contained on those vessels, against sabotage or other subversive and/or
disruptive acts. No persons or vessels will be allowed to enter,
operate, or anchor within this moving zone during transport vessel
transit, including any emergency mooring or anchoring, except as may be
authorized by Commander, Eleventh Coast Guard District, or his
designated representative.
Discussion
The safety/security zone will extend 200 yards ahead and astern,
and 100 yards to each side of each vessel carrying the nuclear
materials, during transit from San Francisco Main Ship Channel buoys 7
and 8 to the Weapons Support Facility Seal Beach Detachment Concord on
Suisun Bay. Once each vessel carrying the nuclear materials is safely
moored, the zone will close to encompass all waters within 100 yards of
each vessel and will remain so until all nuclear materials cargo
handling operations have been completed. No persons or vessels will be
allowed to enter, operate, or anchor within this zone, except as may be
authorized by Commander, Eleventh Coast Guard District, or his
designated representative.
[[Page 38754]]
DOE anticipates that these shipments will take place at irregular
intervals for an undetermined period of years. Thus, the actual dates
and times that this safety/security zone will be activated are not
known by the Coast Guard at this time. The Eleventh Coast Guard
District Commander will cause notice of the activation of this safety/
security zone to be made by all appropriate means to effect the widest
publicity among the affected segments of the public, including
publication in the Federal Register as practicable, in accordance with
the provisions of 33 CFR 165.7(a); such means of announcement may
include, but are not limited to, Broadcast Notice to Mariners. The
Coast Guard will also issue a Broadcast Notice to Mariners notifying
the public when nuclear materials cargo handling has been completed.
Discussion of Comments
No comments were received.
Regulatory Evaluation
This regulation 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. It has been exempted from review by the Office of
Management and Budget 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 regulation to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary. Maritime traffic will not be
significantly impacted because of the expeditious nature of the transit
necessitating this safety/security zone, and the limited duration of
the zone during transit and cargo operations.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq), the
Coast Guard must consider whether this regulation will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include small businesses and not-for-profit
organizations that are not dominant in their respective fields, and
governmental jurisdictions with populations less than 50,000. For the
same reasons set forth in the above Regulatory Evaluation, the Coast
Guard certifies under 5 U.S.C. 605(b) that this regulation is not
expected to have a significant economic impact on any substantial
number of entities, regardless of their size.
Assistance For Small Entities
In accordance with 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 regulation so that
they can better evaluate its effects on them and participate in the
rulemaking process. If your small business or organization is affected
by this rule and you have questions concerning its provisions or
options for compliance, please contact LCDR Mark Dix, Coast Guard
Marine Safety Office San Francisco Bay, at (510) 437-3073.
Collection of Information
This regulation contains no collection of information requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).
Federalism
The Coast Guard has analyzed this regulation under the principles
and criteria contained in Executive Order 12612 and has determined that
this regulation does not have sufficient Federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
regulation and concluded that under Chapter 2.B.2. of Commandant
Instruction M16475.1C, Figure 2-1, paragraph (34), it will have no
significant environmental impact and it is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination and Environmental Analysis Checklist is on file in the
rulemaking docket, and is available for inspection at the address
referenced in the paragraph entitled FOR FURTHER INFORMATION CONTACT.
A copy of DOE's ``Final Environmental Impact Statement on a
Proposed Nuclear Weapons Nonproliferation Policy Concerning Foreign
Research Reactor Spent Nuclear Fuel'' has also been placed in the
rulemaking docket and is available for inspection at the address shown
above in the paragraph entitled FOR FURTHER INFORMATION CONTACT. To
request your own copy of this document, contact: Charles Head, Program
Manager, Office of Spent Nuclear Fuel Management (Em-67), U.S.
Department of Energy, 1000 Independence Avenue, SW, Washington, DC
20585.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this rule will result in an annual
expenditure by state, local, and tribal governments, in the aggregate
of $100 million (adjusted annually for inflation). If so, the Act
requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected.
No state, local, or tribal government entities will be effected by
this rule, so this rule will not result in annual or aggregate costs of
$100 million or more. Therefore, the Coast Guard is exempt from any
further regulatory requirements under the Unfunded Mandates Act.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Safety measures, Waterways.
Regulation
In consideration of the foregoing, Subpart F of Part 165 of Title
33, Code of Federal Regulations, is amended as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; CFR 1.05-1(g), 6.04-1,
6.04-6 and 160.5; 49 CFR 1.46.
2. A new Sec. 165.1115 is added to read as follows:
Sec. 165.1115 Safety/Security Zone: San Francisco Bay, San Pablo Bay,
Carquinez Strait, and Suisun Bay, CA.
(a) Regulated area. The following area is established as a moving
safety/security zone:
(1) All waters 200 yards ahead and astern and 100 yards to each
side of every vessel transporting nuclear materials on behalf of the
United States Department of Energy while such vessels transit from a
line drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR
4190 & 4195, positions 37 deg.46.9'N, 122 deg.35.4'W & 37 deg.46.5'N,
122 deg.35.2'W, respectively) until safely moored at the Weapons
Support Facility Seal Beach Detachment Concord on Suisun Bay (position
38 deg.03.3'N, 122 deg.02.5'W). All coordinates referenced use datum:
NAD 1983.
(2) All waters within 100 yards of such vessels described in
paragraph (a)(1) of this section while such vessels are conducting
cargo operations at the Weapons Support Facility Seal Beach Detachment
Concord.
[[Page 38755]]
(b) Notification. Commander, Eleventh Coast Guard District, will
cause notice of the activation of this safety/security zone to be made
by all appropriate means to effect the widest publicity among the
affected segments of the public, including publication in the Federal
Register as practicable, in accordance with the provisions of 33 CFR
165.7(a); such means of announcement may include, but are not limited
to, Broadcast Notice to Mariners. The Coast Guard will issue a
Broadcast Notice to Mariners notifying the public when nuclear
materials cargo handling has been completed.
(c) Effective Period. The safety/security zone will be effective
commencing at the time any vessel described in paragraph (a)(1) of this
section enters the zone described in paragraph (a)(1) of this section
and will remain in effect until all spent nuclear materials cargo
handling operations have been completed at Weapons Support Facility
Seal Beach Detachment Concord.
(d) Regulations. The general regulations governing safety and
security zones contained in both 33 CFR 165.23 in 33 CFR 165.33 apply.
Entry into, transit through, or anchoring within this moving safety/
security zone is prohibited unless authorized by Commander, Eleventh
Coast Guard District, or his designated representative.
Dated: July 7, 1998.
R.D. Sirois,
Captain, U.S. Coast Guard, Commander, Eleventh Coast Guard District
Acting.
[FR Doc. 98-19179 Filed 7-17-98; 8:45 am]
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