3 June 2003
Source:
http://www.access.gpo.gov/su_docs/aces/fr-cont.html
Eyeballs of 63 nuclear power plants:
http://cryptome.org/npp/62npp-eyeball.htm
[Federal Register: June 3, 2003 (Volume 68, Number 106)]
[Rules and Regulations]
[Page 32996-32998]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn03-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP PHILADELPHIA 03-003]
RIN 1625-AA00
Security Zone; Salem and Hope Creek Generation Stations, Delaware
River, Salem County, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone on
the waters adjacent to the Salem and Hope Creek Generation Stations.
This will protect the safety and security of the plants from subversive
activity, sabotage, or terrorist attacks initiated
[[Page 32997]]
from surrounding waters. This action will close water areas around the
plants.
DATES: This rule is effective from 5 p.m. eastern daylight time on May
13, 2003, to 5 p.m. eastern standard time on January 24, 2004.
ADDRESSES: Documents as indicated in this preamble are available as
part of docket COTP Philadelphia 03-003 for inspection or copying at
Coast Guard Marine Safety Office Philadelphia, One Washington Avenue,
Philadelphia, Pennsylvania, 19147, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Xaimara
Vicencio-Roldan or Lieutenant Junior Grade Kevin Sligh, Coast Guard
Marine Safety Office/Group Philadelphia, at (215) 271-4889.
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) and (d)(3), the Coast Guard finds
that good cause exists for not publishing a NPRM and for making this
regulation effective less than 30 days after publication in the Federal
Register. Based upon the warnings from national security and
intelligence personnel, this rule is urgently required to protect the
plant from subversive activity, sabotage or possible terrorist attacks
initiated from the waters surrounding the plants.
Delaying the effective date of the rule would be contrary to the
public interest, since immediate action is needed to protect the
persons at the facilities, the public and surrounding communities from
the release of nuclear radiation. This security zone should have
minimal impact on vessel transits due to the fact that the security
zone does not block the channel.
Background and Purpose
Due to the continued warnings from national security and
intelligence officials that future terrorist attacks are possible, such
as those launched against New York and Washington, DC on September 11,
2001, heightened security measures are necessary for the area
surrounding the Salem and Hope Creek Generation Stations. This rule
will provide the Captain of the Port Philadelphia with enforcement
options to deal with potential threats to the security of the plants.
The Coast Guard intends to implement a permanent security zone
surrounding the plants. The Coast Guard will be publishing a NPRM to
establish a permanent security zone that is temporarily effective under
this rule. The Coast Guard will use the effective period of this
Temporary Final Rule to engage in notice and comment rulemaking to
develop a permanent regulation tailored to the present and foreseeable
security environment within the Captain of the Port, Philadelphia,
Pennsylvania zone.
Discussion of Rule
No person or vessel may enter or remain in the prescribed security
zone at any time without the permission of the Captain of the Port,
Philadelphia, PA or designated representative. Federal, State, and
local agencies may assist the Coast Guard in the enforcement of this
rule.
Regulatory Evaluation [omitted]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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
0
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 160.5; Department of Homeland Security Delegation
No. 0170.
0
2. Add Sec. 165.T05-078.
Sec. 165.T05-078 Security Zone; Salem and Hope Creek Generation
Stations, Delaware River, Salem County, New Jersey.
(a) Location. The following area is a security zone: the waters of
the Delaware River in the vicinity of the Salem and Hope Creek
Generation Stations bounded by a line drawn from a point located at
39[deg] 28' 08.0'' N, 075[deg] 32' 31.7'' W to 39[deg] 28' 06.5'' N,
075[deg] 32' 47.4'' W, thence to 39[deg] 27' 28.4'' N, 075[deg] 32'
15.8'' W, thence to 39[deg] 27' 28.8'' N, 075[deg] 31' 56.6'' W, thence
to 39[deg] 27' 39.9'' N, 075[deg] 31' 51.6'' W. All coordinates
reference Datum: NAD 1983.
(b) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in Sec. 165.33 of this
part.
(2) No person or vessel may enter or navigate within this security
zone unless authorized to do so by the Coast Guard or designated
representative. Any person or vessel authorized to enter the security
zone must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the security
zone immediately if the Coast Guard or designated representative so
orders.
(3) The Coast Guard or designated representative enforcing this
section can be contacted on VHF Marine Band Radio, channels 13 and 16.
The Captain of the Port can be contacted at (215) 271-4807.
(4) The Captain of the Port will notify the public of any changes
in the status of this security zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHz).
(c) Definitions. For the purposes of this section, Captain of the
Port means the Commanding Officer of the Coast Guard Marine Safety
Office/Group Philadelphia or any Coast Guard commissioned, warrant, or
petty officer who has been authorized by the Captain of the Port to act
as a designated representative on his behalf.
(d) Effective dates. This section is effective from 5 p.m. on May
13, 2003 to 5 p.m. on January 24, 2004.
Dated: May 13, 2003.
Jonathan D. Sarubbi,
Captain, Coast Guard, Captain of the Port, Philadelphia.
[FR Doc. 03-13848 Filed 6-2-03; 8:45 am]
BILLING CODE 4910-15-P
[Federal Register: June 2, 2003 (Volume 68, Number 105)]
[Rules and Regulations]
[Page 32643-32645]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn03-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Philadelphia 03-005]
RIN 1625-AA00
Security Zone; Oyster Creek Generation Station, Forked River,
Ocean County, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone on
the waters adjacent to the Oyster Creek Generation Station. This will
protect the safety and security of the plants from subversive activity,
sabotage, or terrorist attacks initiated from surrounding waters. This
action will close water areas around the plants.
DATES: This rule is effective from 5 p.m. eastern daylight time on May
13, 2003, to 5 p.m. eastern standard time on January 24, 2004.
ADDRESSES: Documents as indicated in this preamble are available as
part of docket COTP PHIMS 03-005 for inspection or copying at Coast
Guard Marine Safety Office Philadelphia, One Washington Avenue,
Philadelphia, Pennsylvania, 19147, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Xaimara
Vicencio-Roldan or Lieutenant Junior Grade Kevin Sligh, Coast Guard
Marine Safety Office/Group Philadelphia, at (215) 271-4889.
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) and (d)(3), the Coast Guard finds
that good cause exists for not publishing a NPRM and for making this
regulation effective less than 30 days after publication in the Federal
Register. Based upon the
[[Page 32644]]
warnings from national security and intelligence personnel, this rule
is urgently required to protect the plant from subversive activity,
sabotage or possible terrorist attacks initiated from the waters
surrounding the plants.
Delaying the effective date of the rule would be contrary to the
public interest, since immediate action is needed to protect the
persons at the facilities, the public and surrounding communities from
the release of nuclear radiation. This security zone should have
minimal impact on vessel transits due to the fact that the security
zone does not block the channel.
Background and Purpose
Due to the continued warnings from national security and
intelligence officials that future terrorist attacks are possible, such
as those launched against New York and Washington DC on September 11,
2001, heightened security measures are necessary for the area
surrounding the Oyster Creek Generation Station. This rule will provide
the Captain of the Port Philadelphia with enforcement options to deal
with potential threats to the security of the plants. The Coast Guard
intends to implement a permanent security zone surrounding the plant.
The Coast Guard will be publishing a NPRM to establish a permanent
security zone that is temporarily effective under this rule. The Coast
Guard will use the effective period of this Temporary Final Rule to
engage in notice and comment rulemaking to develop a permanent
regulation tailored to the present and foreseeable security environment
within the Captain of the Port, Philadelphia, Pennsylvania zone.
Discussion of Rule [omitted]
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
0
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 160.5; Department of Homeland Security
Delegation No. 0170.
0
2. Add Sec. 165.T05-091.
Sec. 165.T05-091 Security Zone; Oyster Creek Generation Station,
Forked River, Ocean County, New Jersey.
(a) Location. The following area is a security zone: starting at
the south branch of the Forked River in the vicinity of the Oyster
Creek Generation Station, west from a point located at 39[deg]
49'11.8'' N, 074[deg]12' 10.5'' W. Oyster Creek West from a point
located at 39[deg] 48'39.7'' N, 074[deg]12' 0'' W. All coordinates
reference Datum: NAD 1983.
(b) Regulations. (1) All persons are required to comply with the
general regulations governing security zones in Sec. 165.33 of this
part.
(2) No person or vessel may enter or navigate within this security
zone unless authorized to do so by the Coast Guard or designated
representative. Any person or vessel authorized to enter the security
zone must operate in strict conformance with any directions given by
the Coast Guard or designated representative and leave the security
zone immediately if the Coast Guard or designated representative so
orders.
(3) The Coast Guard or designated representative enforcing this
section can be contacted on VHF Marine Band Radio, channels 13 and 16.
The Captain of the Port can be contacted at (215) 271-4807.
(4) The Captain of the Port will notify the public of any changes
in the status of this security zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(c) Definitions. For the purposes of this temporary section,
Captain of the Port means the Commanding Officer of the Coast Guard
Marine Safety Office/Group Philadelphia or any Coast Guard
commissioned, warrant, or petty officer who has been authorized by the
Captain of the Port to act as a designated representative on his
behalf.
(d) Effective dates. This section is effective from 5 p.m. Eastern
Daylight Time on May 13, 2003 to 5 p.m. Eastern Standard Time on
January 24, 2004.
Dated: May 13, 2003.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 03-13697 Filed 5-30-03; 8:45 am]
BILLING CODE 4910-15-P
[Federal Register: May 30, 2003 (Volume 68, Number 104)]
[Rules and Regulations]
[Page 32364-32366]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my03-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-03-060]
RIN 1625-AA00
Security Zones; New York Marine Inspection Zone and Captain of
the Port Zone
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary security zones in
portions of the waters around Stapleton Homeport Pier in Upper New York
Bay, and the New York City Passenger Ship Terminal and Intrepid Museum
in the Hudson River. This action is necessary to safeguard Naval and
Coast Guard vessels, critical port infrastructure and coastal
facilities from sabotage, subversive acts, or other threats. The zones
will prohibit entry into or movement within these areas without
authorization from the Captain of the Port New York.
DATES: This rule is effective from 4 p.m., May 20, 2003, until 8 p.m.
May, 28, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (CGD01-03-060) and are available for
inspection or copying at room 204, Coast Guard Activities New York,
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander W. Morton,
Waterways Oversight Branch, Coast Guard Activities New York at (718)
354-4012.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-03-
060), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
81/2 by 11 inches, suitable for copying. If you would like to know they
reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this temporary rule in view of them.
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good
cause exists for not publishing an NPRM. The Captain of the Port
conducts an ongoing assessment of the maritime domain security needs
within the port and has determined that the temporary safety and
security zones established by this rule are necessary to provide for
the protection of Naval and Coast Guard vessels, critical port
infrastructure and coastal facilities. This determination was reached
after due consideration of various warnings publicly disseminated by
the Federal Bureau of Investigation and other law enforcement agencies,
and threatening statements attributed to the al Qaeda organization. In
view of the urgent need to adequately safeguard Naval and Coast Guard
vessels, critical coastal facilities and infrastructure from potential
terrorist attack, any delay encountered by normal notice and comment
rulemaking procedures would be contrary to the public interest.
For the same reasons, the Coast Guard further finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register pursuant to 5 U.S.C. 553(d)(3).
Background and Purpose
On September 11, 2001 three commercial aircraft were hijacked and
flown into the World Trade Center in New York City, and the Pentagon,
inflicting catastrophic human casualties and property damage. National
security and intelligence officials warn that future terrorist attacks
are likely. The President has continued the national emergencies he
declared following the September 11, 2001 terrorist attacks. See,
Continuation of the National Emergency with Respect to Certain
Terrorist Attacks, 67 FR 58317 (September 13, 2002); Continuation of
the National Emergency With Respect To Persons Who Commit, Threaten To
Commit, Or Support Terrorism, 67 FR 59447 (September 20, 2002). The
President also has found pursuant to law, including the Act of June 15,
1917, as amended August 9, 1950, by the Magnuson Act (50 U.S.C. 191 et
seq.), that the security of the United States is endangered by
disturbances in international relations of United States that have
existed since the terrorist attacks on the United States and such
disturbances continue to endanger such relations. Executive Order 13273
of
[[Page 32365]]
August 21, 2002, Further Amending Executive Order 10173, as Amended,
Prescribing Regulations Relating to the Safeguarding of Vessels,
Harbors, Ports, and Waterfront Facilities of the United States, 67 FR
56215 (September 3, 2002).
Since the September 11, 2001 terrorist attacks, the Federal Bureau
of Investigation has issued several warnings concerning the potential
for additional attacks within the United States. In addition, the
ongoing hostilities in Afghanistan and growing tensions within Iraq
have made it prudent for U.S. ports and properties of national
significance to be on a higher state of alert because the al Qaeda
organization and other similar organizations have declared an ongoing
intention to conduct armed attacks on U.S. interests worldwide.
The Coast Guard is establishing temporary security zones around the
Stapleton Homeport Pier in Upper New York Bay, the New York City
Passenger Ship Terminal and Intrepid Museum in the Hudson River. These
security zones are necessary to provide for the security of the port
and to ensure that vessels and facilities, are not used as targets of,
or platforms for, terrorist attacks. These zones would restrict entry
into or movement within portions of the New York Marine Inspection and
Captain of the Port Zones.
Discussion of Temporary Rule
This rule establishes the following temporary security zones:
Stapleton Homeport Pier, Upper New York Bay, Staten Island, NY
The Coast Guard is establishing a temporary security zone in all
waters of Upper New York Bay within approximately 400 yards of the
Stapleton Homeport Pier bound by the following approximate positions:
40[deg]38'00.6'' N, 074[deg]04'22.3'' W, thence to 40[deg]37'51.1'' N,
074[deg]03'46.5'' W, thence to 40[deg]37'27.5'' N, 074[deg]03'54.5'' W,
thence to 40[deg]37'33.7'' N, 074[deg]04'20.8'' W, (NAD 1983) thence
along the shoreline to the point of origin.
New York City Passenger Ship Terminal and Intrepid Museum, Hudson
River, Manhattan, NY
The Coast Guard is establishing temporary security zones in all
waters of the Hudson River within approximately 400 yards of Piers 86,
88, 90, and 92 bound by the following points: from the northeast corner
of Pier 81 where it intersects the seawall, thence to approximate
position 40[deg]45'51.3'' N, 074[deg]00'30.2'' W, thence to
40[deg]46'27.7'' N, 074[deg]00'04.9'' W, thence to the southeast corner
of Pier 97 where it intersects the seawall.
The zones described above are necessary to protect the Naval and
Coast Guard vessels participating in Fleet Week 2003, the Stapleton
Homeport Pier, the New York City Passenger Ship Terminal; the Intrepid
Museum, others in the maritime community, and the surrounding
communities from subversive or terrorist attack against the vessels and
piers that could potentially cause serious negative impact to vessels,
the port, or the environment and result in numerous casualties. The
Captain of the Port does not expect this rule to interfere with the
transit of any vessels through the waterways adjacent to each facility.
Vessels will still be able to transit around the security zones at all
times. Additionally, vessels will not be precluded from mooring at or
getting underway from commercial or recreational piers in the vicinity
of the zones.
Any violation of any security zone herein is punishable by, among
others, civil penalties (not to exceed $27,500 per violation, where
each day of a continuing violation is a separate violation), criminal
penalties (imprisonment for not more than 10 years and a fine of not
more than $100,000), in rem liability against the offending vessel, and
license sanctions. This regulation is established under the authority
contained in 50 U.S.C. 191, 33 U.S.C. 1223, 1225 and 1226.
No person or vessel may enter or remain in a prescribed security
zone at any time without the permission of the Captain of the Port, New
York. Each person or vessel in a security zone shall obey any direction
or order of the Captain of the Port. The Captain of the Port may take
possession and control of any vessel in a security zone and/or remove
any person, vessel, article or thing from a security zone.
Regulatory Evaluation [omitted]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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
0
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 160.5; Department of Homeland Security
Delegation No. 0170.
0
2. From 4 p.m. May 20, 2003, to 8 p.m. May 28, 2003, add temporary
Sec. 165.T01-060 to read as follows:
Sec. 165.T01-060 Security Zones; New York Marine Inspection Zone and
Captain of the Port Zone.
(a) Security zones. The following waters within the New York Marine
Inspection Zone and Captain of the Port Zone are security zones:
(1) Stapleton Homeport Pier, Upper New York Bay, Staten Island, NY.
(i) Location: All waters of Upper New York Bay within approximately 400
yards of the Stapleton Homeport Pier bound by the following approximate
positions: 40[deg]38'00.6'' N, 074[deg]04'22.3'' W, thence to
40[deg]37'51.1'' N, 074[deg]03'46.5'' W, thence to 40[deg]37'27.5'' N,
074[deg]03'54.5'' W, thence to 40[deg]37'33.7'' N, 074[deg]04'20.8'' W,
(NAD 1983) thence along the shoreline to the point of origin.
(ii) Enforcement period. Paragraph (a)(1)(i) will be enforced from
4 p.m. on Tuesday, May 20, 2003 to 8 p.m. on Wednesday, May 28, 2003.
(2) New York City Passenger Ship Terminal and Intrepid Museum,
Hudson River, Manhattan, NY. (i) Location: All waters of the Hudson
River within approximately 400 yards of Piers 86, 88, 90, and 92 bound
by the following points: from the northeast corner of Pier 81 where it
intersects the seawall, thence to approximate position 40[deg]45'51.3''
N, 074[deg]00'30.2'' W, thence to 40[deg]46'27.7'' N, 074[deg]00'04.9''
W, thence to the southeast corner of Pier 97 where it intersects the
seawall.
(ii) Enforcement period. Paragraph (a)(2)(i) will be enforced from
4 p.m. on Tuesday, May 20, 2003 to 8 p.m. on Wednesday, May 28, 2003.
(b) 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. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard.
Upon being hailed by a U. S. Coast Guard vessel by siren, radio,
flashing light, or other means, the operator of a vessel shall proceed
as directed.
Dated: May 20, 2003.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 03-13486 Filed 5-29-03; 8:45 am]
BILLING CODE 4910-15-P