Safety/Security Zone; San Francisco Bay, San Pablo Bay, Carquinez Strait, 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

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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