Safety/Security Zone; San Francisco Bay, San Pablo Bay, Carquinez Straits, and Suisun Bay, CA

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

Straits, and Suisun Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish 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 Straits, 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 buoys 7 and 8 in the San

Francisco Bay Traffic Lane to the Weapons Support Facility Seal Beach

Detachment Concord on Suisun Bay. When the vessel is safely moored at

the Weapons Support Facility, the zone will close to encompass all

waters within 100 yards of the vessels and will remain so until all

nuclear materials cargo handling operations have been completed.

The purpose of this safety/security zone are two-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; 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: Comments must be received on or before July 6, 1998.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Mark Dix, Coast Guard Marine Safety Office San

Francisco Bay, at (510) 437-3073, between the hours of 7:30 a.m. and 4

p.m. PDT, Monday through Friday, except federal holidays.

ADDRESSES: U.S. Coast Guard Marine Safety Office San Francisco Bay,

Building 14, Coast Guard Island, Alameda, CA 94501-5100.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested persons are invited to participate in this rulemaking by

submitting written views, data, or arguments. Persons submitting

comments should include their names and addresses, identifying this

proposal by docket number (CGD11-98-005) and the specific section of

this proposal to which their comments apply, and give reasons for each

comment. Receipt of comments will be acknowledged if a stamped, self-

addressed postcard or envelope is enclosed. All comments received

before the expiration of the comment period will be considered before

final action is taken on this proposal. The proposed rule may be

changed in light of comments received. No public hearing on this

proposal is planned, but one may be held if written requests for a

hearing are received and it is determined that the opportunity for oral

presentation will enhance the rulemaking process.

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

shipments of foreign research reactor spent nuclear fuel at the Weapons

Support Facility Seal Beach Detachment Concord in Concord, CA. As such,

DOE is responsible for the shipments necessitating promulgation of this

safety/security zone.

The Coast Guard proposes to establish a moving safety/security zone

around each vessel 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

Straits, and Suisun Bay, CA, and at the Weapons Support Facility Seal

Beach Detachment Concord.

The Coast Guard does not anticipate that maritime traffic will be

significantly impacted by the promulgation of this safety/security zone

because DOE has advised that there will be irregular and infrequent

shipments, and that expeditious transits will be scheduled for days and

times of light maritime traffic so as to maximize safety and minimize

any delay or inconvenience caused by the shipments. The purposes of

this safety/security zone are two-fold: (1) Pursuant to 33 CFR 165.23,

to ensure that safety of the participant transport vessels and crew,

and of all other vessels and crew in the vicinity of the participant

transport vessels; and, (2) pursuant to 33 CFR 165.33, 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.

Discussion and Proposed Rule

The proposed safety/security zone will extend 200 yards ahead and

astern, and 100 yards to each side of vessels carrying the nuclear

materials, during transit from buoys 7 and 8 in the San Francisco Bay

Traffic Lane (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) to the Weapons Support

Facility Seal Beach Detachment Concord on Suisun Bay (position

38 deg.03.3'N, 122 deg.02.5'W). Once the vessel is safety moored, the

zone will close to encompass all waters within 100 yards of the 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, including any emergency mooring or

anchoring, within this zone during the vessel's transit and subsequent

cargo handling operations except as may be authorized by Commander,

Eleventh Coast Guard District, or his designated representative.

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 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,

[[Page 25190]]

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.

Regulatory Evaluation

This proposal 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

proposal 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 infrequent transits necessitating activation of this

safety 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 proposal 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 proposal, if adopted,

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 proposed rule 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 the address listed in

ADDRESSES.

Collection of Information

This rule contains no collection-of-information requirements under

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

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612 and has determined that

this proposed rule 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

rulemaking in accordance with Figure 2-1, paragraph (34)(g), of

Commandant Instruction M16475.1C, and has determined that this

particular action is categorically excluded from further environmental

documentation. A Categorical Exclusion Determination and Environmental

Analysis Checklist is in file in the rulemaking docket, and is

available for inspection at the address shown above 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 affected 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.

Proposed Regulations

In consideration of the foregoing, the Coast Guard proposes to

amend subpart F of part 165 of Title 33, Code of Federal Regulations,

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; 33 CFR 1.05-1(g),

6.04-1, 6.04-6, and 150.5; 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 Straits, and Suisun Bay, CA.

(a) Regulated area. The following area is established as a 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 buoys 7 and 8 in the San Francisco Bay Traffic Lane

(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 to 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 each vessel described in

paragraph (a)(1) of this section while moored at the Weapons Support

Facility Seal Beach Detachment Concord until all nuclear materials

cargo handling operations have been completed.

(b) Notification. Commander, Eleventh Coast 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

[[Page 25191]]

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 and in 33 CFR 165.33

apply. Entry into, transit through, or anchoring within this safety/

security zone is prohibited unless authorized by Commander, Eleventh

Coast Guard District, or his designated representative.

Dated: April 21, 1998.

J.C. Card,

Vice Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard

District.

[FR Doc. 98-12137 Filed 5-6-98; 8:45 am]

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