Security Zone; Indian Point Nuclear Power Station, Indian Point, NY

DEPARTMENT OF TRANSPORTATION

33 CFR Part 165

[CGD01-94-138]

RIN 2115-AA97

Security Zone; Indian Point Nuclear Power Station, Indian Point,

NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a security zone in the waters

of the Hudson River off of Indian Point, New York. This zone is needed

to protect the Indian Point Nuclear Power Station from destruction,

loss, or injury from sabotage or other subversive acts, accidents, or

other causes of a similar nature, that may occur as a result of a

marine regatta. This zone will preclude vessel traffic from transiting

a portion of the east bank of the Hudson River south of Indian Point,

New York. Entry into or movement within this zone is prohibited unless

authorized by the Coast Guard Captain of the Port, New York.

EFFECTIVE DATE: This regulation is effective from 12 p.m. until 3 p.m.

on September 18, 1994, unless extended or terminated sooner by the

Coast Guard Captain of the Port, New York.

FOR FURTHER INFORMATION CONTACT:

LT Rosanne Trabocchi, Project Manager, Captain of the Port, New York

(212) 668-7933.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this notice are LT Rosanne Trabocchi, Project

Manager, Captain of the Port, New York and LCDR J.D. Stieb, Project

Attorney, First Coast Guard District, Legal Office.

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)

was not published for this regulation and good cause exists for not

publishing an NPRM as well as making it effective less than 30 days

after Federal Register publication. Due to the late notification of

this rally and regatta, there was insufficient time to draft and

publish a notice of proposed rulemaking that allows for a reasonable

comment period prior to the event. There was also insufficient time for

publication of this temporary final rule 30 days prior to the event.

The delay encountered if normal rulemaking procedures were followed

would effectively cancel this event. Cancellation of this event is

contrary to the public interest in allowing the freedom of speech and

assembly.

Background and Purpose

Greenpeace submitted an application to hold a marine regatta as

part of their Rally and Flotilla for Clean Energy on September 18,

1994. Approximately twenty (20) sailboats and small yachts will sail in

the Hudson River past the Indian Point Nuclear Power Station, Indian

Point, New York, to demonstrate support for their land based rally.

This security zone is needed to protect this waterfront facility from

damage or injury. This facility has several water intakes that extend

into the Hudson River. This security zone is needed to keep vessels and

swimmers at a safe distance from the water intakes in order to prevent

the discharge of debris for the purpose of clogging the water intakes.

This security zone prohibits vessel traffic in all waters of the Hudson

River 100 yards off of the Indian Point Nuclear Power Station, Indian

Point, New York. This security zone has been narrowly tailored to

impose the least impact on participants and maritime interests yet

provide the level of security necessary to adequately protect the

nuclear power station. Entry into or movement within this security zone

is prohibited unless authorized by the Coast Guard Captain of the Port,

New York.

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 10(e) of the regulatory policies

and procedures of DOT is unnecessary. This security zone precludes

vessel traffic from transiting a portion of the east bank of the Hudson

River south of Indian Point, New York. However, due to the fact that

the duration of the event is limited; that this portion of the Hudson

River is 1,300 yards wide, allowing ample room for the safe transit of

vessel traffic without hindering the participants in this marine

regatta; that the event is on a Sunday, meaning that commercial and

recreational traffic is minimal; that this regulation is consistent

with the sponsor's plans and causes no impact to the regatta course;

that there is no impact to the course planned by the sponsor of the

marine regatta; and that extensive, advance, notifications will be made

to the maritime community, the Coast Guard expects the economic impact

of this regulation to be so minimal that a Regulatory Evaluation is

unnecessary.

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'' include independently owned and operated small

businesses that are not dominant in their field and that otherwise

qualify as ``small business concerns'' under Section 3 of the Small

Business Act (15 U.S.C. 632).

For reasons set forth in the above Regulatory Evaluation, the Coast

Guard certifies under 5 U.S.C. 605(b) that this regulation will not

have a significant economic impact on a substantial number of small

entities.

Collection of Information

This regulation contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501).

Federalism

The Coast Guard has analyzed this action in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined that this regulation does not raise sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the environmental impact of this

regulation and concluded that under section 2.B.2.e. of commandant

Instruction M16475.1B, it is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination will

be included in the docket.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Regulation

For reasons set out in the preamble, the Coast Guard amends 33 CFR

part 165 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; 49 CFR 1.46 and 33 CFR

1.05-1(g), 6.04-1, 6.04-6, and 160.5.

2. A temporary section, 165.T01-138 is added to read as follows:

Sec. 165.T01-138 Security Zone: Indian Point Nuclear Power Station,

Indian Point, NY

(a) Location. The following area is a Security Zone: All waters of

the Hudson River out 100 yards from the shoreline off Indian Point, New

York, bounded by the following points; the northermost point of Indian

Point, New York, at or near 41 deg.16'30'' N latitude and

073 deg.56'50'' W longitude, then northwest to a point located 100

yards off shore, at or near 41 deg.16'33'' N latitude and

073 deg.56'54'' W longitude, then south, approximately 1300 yards, to a

point located 100 yards off shore, at or near 41 deg.16'04'' N latitude

and 073 deg.57'30'' W longitude, then southeast to a point located on

land near the lighted poles, at or near 41 deg.16'30'' N latitude and

073 deg.56'50'' W longitude, then north along the New York shoreline to

the point of origin.

(b) Effective period. This section is effective from 12 p.m. until

3 p.m. on September 18, 1994, unless extended or terminated sooner by

the Coast Guard Captain of the Port, New York.

(c) Regulations. (1) The general regulations contained in 33 CFR

165.33 apply.

(2) All persons and vessels shall comply with the instructions of

the Coast Guard Captain of the Port or the designated on scene patrol

personnel. U.S. Coast Guard patrol personnel include commissioned,

warrant, and petty officers of the Coast Guard. Upon being hailed by a

U.S. Coast Guard vessel via siren, radio, flashing light, or other

means, the operator of a vessel shall proceed as directed.

Dated: September 7, 1994.

J. Rutkovsky,

Commander, U.S. Coast Guard, Captain of the Port, New York, Acting.

[FR Doc. 94-23016 Filed 9-15-94; 8:45 am]

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