Rule2024-29803
Safety and Security Zones: Pilgrim Nuclear Power Plant, Plymouth Massachusetts
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 17, 2024
Effective
January 16, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is disestablishing the existing safety and security zone for Pilgrim Nuclear Power Plant, Plymouth, Massachusetts. Since the implementation of the regulation, the facility has permanently ceased power operations making the provisions of the security zone no longer applicable. The waterfront facility's safety and security zone will be removed from all charts, publications, and other navigational references. All related private aids to navigational marking the boundaries of the security zone will also be removed.
Full Text
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<title>Federal Register, Volume 89 Issue 242 (Tuesday, December 17, 2024)</title>
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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Rules and Regulations]
[Pages 101892-101893]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29803]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0500]
RIN 1625-AA00
Safety and Security Zones: Pilgrim Nuclear Power Plant, Plymouth
Massachusetts
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is disestablishing the existing safety and
security zone for Pilgrim Nuclear Power Plant, Plymouth, Massachusetts.
Since the implementation of the regulation, the facility has
permanently ceased power operations making the provisions of the
security zone no longer applicable. The waterfront facility's safety
and security zone will be removed from all charts, publications, and
other navigational references. All related private aids to navigational
marking the boundaries of the security zone will also be removed.
DATES: This rule is effective January 16, 2025.
ADDRESSES: To view the documents mentioned in the preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2024-0500 in the search box and click ``Search'' in the Document Type
column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call, or email Mr. Timothy Chase. Sector Boston, Waterways Management
Division, U.S. Coast Guard; telephone 617-447-1620, email:
<a href="/cdn-cgi/l/email-protection#44102d292b302c3d6a336a272c25372104313727236a292d28"><span class="__cf_email__" data-cfemail="782c1115170c1001560f561b10190b1d380d0b1b1f56151114">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On January 9, 2024, Entergy Nuclear Operation, Inc, notified the
Coast Guard that they had provided all the required documentation for
disestablishment to the U.S. Nuclear Regulatory Commission as per 10
CFR 50.82(a)(1)(i). Power operations have ceased at the Pilgrim Nuclear
Power Station.
In response, on August 30, 2024, the Coast Guard published a NPRM
titled ``Safety and Security Zones; Pilgrim Nuclear Power Plant,
Plymouth Massachusetts'' in the Federal Register (89 FR 70587). There
we stated why we issued the NPRM and invited comments on our proposed
regulatory action related to Safety and Security Zones: Pilgrim Nuclear
Power Plant, Plymouth, Massachusetts. During the comment period that
ended September 30, 2024, we received three written submissions.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034, 70051, and 70124. The Captain of the Port Sector Boston
Massachusetts (COTP) has determined that disestablishing the safety and
security zone cited in 33 CFR 165.115, Safety and Security Zones:
Pilgrim Nuclear Power Plant, Plymouth Massachusetts, by removing that
section.
IV. Discussion of Comments, Changes, and the Rule
As noted above the Coast Guard received three written submissions
on our NPRM published on August 30, 2024. All three commenters were in
favor of our proposal, no Public Meetings were requested or held. There
are no changes in the regulatory text of
[[Page 101893]]
this rule from the proposed rule in the NPRM. The Coast Guard is
disestablishing the safety and security zone cited in 33 CFR 165.115,
Safety and Security Zones: Pilgrim Nuclear Power Plant, Plymouth,
Massachusetts, by removing that section.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 12866 as amended by Executive Order 14094
(Modernizing Regulatory review). Accordingly, this rule has not been
reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the need to align
the regulations with the current arrangements of the port as the
waterfront facility safety and security zone is no longer required. The
Captain of the Port of Boston Massachusetts is removing 33 CFR 165.115.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant economic
impact on a substantial number of small entities.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the potential effects of this
rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have made a preliminary determination that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves the disestablishment of a security zone. Normally such
actions are categorically excluded from further review under paragraph
L60(b) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
Sec. 165.115 [Removed]
0
2. Remove Sec. 165.115.
J.C. Frederick,
Captain, U.S. Coast Guard, Captain of the Port Sector Boston.
[FR Doc. 2024-29803 Filed 12-16-24; 8:45 am]
BILLING CODE 9110-04-P
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