[Federal Register Volume 61, Number 138 (Wednesday, July 17, 1996)]
[Rules and Regulations]
[Pages 37211-37213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18114]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP San Diego 96-002]
RIN 2115-AA97


Security Zone; San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DOT.


[[Page 37212]]


ACTION: Final rule.

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SUMMARY: At the request of the U.S. Secret Service, the Coast Guard is 
establishing a temporary security zone within San Diego Bay adjacent to 
the San Diego Convention Center. The security zone is needed to protect 
those attending the Republican National Convention by securing the 
nearby Marriott Marina and any adjacent vessels, waterfront facilities, 
or waters. Authorized vessels will be permitted to remain within the 
security zone.

EFFECTIVE DATES: This rule is in effect from 8 a.m. Pacific Daylight 
Time (PDT) on August 11, 1996 until 11 p.m. PDT on August 15, 1996.

ADDRESSES: Copies of documents referenced in this rulemaking are 
available for inspection or copying at Marine Safety Office San Diego, 
2716 N. Harbor Dr., San Diego, California between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (j.g.) John V. Reinert, 
Marine Safety Office San Diego, (619) 683-6486.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On May 23, 1996 the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Security Zone; San Diego Bay, San Diego, 
CA'' (COTP San Diego, CA'' (COTP San Diego 96-002) in the Federal 
Register (61 FR 25838). The Captain of the Port (COTP) held public 
meetings on June 1 and July 2, 1996 on the proposal. Twelve people made 
comments at the public meetings, and 23 written comments were submitted 
prior to the closure of the comment period on July 8, 1996. Copies of 
the comments and a videotape of the public meetings are available for 
inspection or copying at the location indicated under ADDRESSES.

Discussion of Comments and Changes

    The Coast Guard received 29 comments from individuals, 6 comments 
from small businesses, and two comments from organizations concerning 
the proposal.
    Nine commenters questioned the legal authority of the COTP to 
perform searches of vessels within the security zone. The establishment 
of marine security zones is authorized by 50 U.S.C. 191. Through 33 
U.S.C. 1223, 1225, and 1226, the Coast Guard is authorized to take 
measures, including the establishment of security zones, to protect 
vessels, harbors, and waterfront facilities. The authority to establish 
and enforce these security zones has been delegated to the COTP under 
33 CFR Parts 6 and 165. Under 33 CFR Part 6, the COTP may utilize this 
security zone authority to regulate navigation and other activities, 
and limit access to defined areas by conditioning entry or presence in 
the zone on receiving the permission of the COTP. When a security zone 
is established, vessels entering or remaining in the zone are doing so 
with the permission of the COTP. The COTP has determined that the 
Republican National Convention presents a security need for a search of 
vessels and facilities within this security zone in order to detect 
explosives, weapons, or other articles which may pose a threat to the 
Marriott Marina or any adjacent vessels, waterfront facilities, or 
waters. Under this rule, permission by the COTP for vessels to enter or 
remain in the security zone is conditioned upon consent to such a 
search. Vessel owners electing not to give consent for a search will 
not be granted permission to enter or remain in the security zone, once 
it is established.
    Thirty-four comments were received regarding the proposed 
limitation on access to docks and vessels within the security zone 
between the hours of 10 p.m. and 8 a.m. In light of the comments 
received and a change in the event security plan by the U.S. Secret 
Service, the COTP has removed this item from the Final Rule.
    Seventeen comments were received regarding the proposed limitation 
on access to the docks and restriction on vessel movements from 2 p.m. 
until 11 p.m. on 15 August. In light of the comments received and a 
change in the event security plan by the U.S. Secret Service, the COTP 
has removed this item from the Final Rule.
    Several comments were received concerning the proposed requirement 
that a vessel owner or operator provide the COTP a list of names of all 
individuals transiting the security zone, prior to transiting the zone. 
In light of the comments received and a change in the event security 
plan by the U.S. Secret Service, the COTP has removed this item from 
the Final Rule.
    Several questions were received concerning operational enforcement 
of the security zone, e.g., number of patrol boats involved, number of 
Coast Guard personnel, and pay grades of personnel involved with 
searches. Security considerations preclude publicizing Coast Guard 
enforcement resource information before and during the effective period 
of the security zone. Access to agency records regarding resources 
utilized may be requested after August 15, 1996 by writing to the 
address under ADDRESSES.

Discussion of Regulations

    The Republican National Convention will be held at the San Diego 
Convention Center in San Diego, CA from August 12 through 15, 1996. The 
Secret Service has requested that the Coast Guard establish this 
security zone to ensure the security of those attending the Republican 
National Convention by securing the nearby Marriott Marina and any 
adjacent vessels, waterfront facilities, and waters. Expected attendees 
at the convention include former U.S. Presidents and their spouses, 
high ranking U.S. Government officials, and the Republican Presidential 
and Vice-Presidential Nominees and their spouses.
    The security zone is in effect from 8 a.m. PDT on August 11, 1996 
until 11 p.m. PDT on August 15, 1996. The security zone will encompass 
the entrance to the Marriott Marina starting at a point along the 
waterfront between Marriott Marina finger piers ``F'' and ``G'' at a 
point 32 deg.42'26''N, 117 deg.09'56''W; extending southwesterly to the 
south end of North Embarcadero Park at a point 32 deg.42'20''N, 
117 deg.10'01''W; continuing 500 feet southwesterly toward channel buoy 
``23'' at a point 32 deg.42'16''N, 117 deg.10'07''W; then extending 
southeasterly following the South Embarcadero Park shoreline to a point 
where it intersects with the easterly side of the navigable channel at 
32 deg.42'13''N, 117 deg.10'02''W; then proceeding along the channel 
edge 100 feet past the southernmost point of South Embarcadero Park to 
a point 32 deg.42'09''N, 117 deg.09'50''W; then northeasterly until it 
intersects with the shoreline at a point 32 deg.42'16''N, 
117 deg.09'42''W; then along shoreline to the point of beginning.
    Pursuant to the Coast Guard's authority in 33 U.S.C. 1223, 50 
U.S.C. 191, and the general regulations governing security zones in 33 
CFR 165.33 and 33 CFR 6.04, no vessel will be allowed to enter or 
remain in this zone unless specifically authorized by the COTP. The 
COTP may grant permission for a vessel to enter or remain within the 
security zone if the vessel owner or operator first consents to a 
search of the vessel by the U.S. Secret Service, the Coast Guard, or 
other authorities for the purpose of detection of explosives, weapons, 
or other articles which may pose a threat to the Marriott Marina or any 
adjacent vessels, waterfront facilities, or waters. The owner or 
operator of a vessel entering the security zone must also provide the 
COTP with the number of persons on board and destination slip number.

[[Page 37213]]

Vessels whose owners or operators do not consent to a search of their 
vessels or who refuse to provide any information requested by the COTP 
will not be granted permission to enter or remain within the security 
zone.
    The COTP may grant permission for a vessel in the moorings at the 
Marriott Marina to remain within the security zone if the owners or 
operators consent to a search of the vessel. If a vessel leaves its 
mooring and exits the security zone, its reentry will be conditioned on 
consent to be searched.
    The COTP, working with Secret Service and other law enforcement 
authorities during this operation, may impose other restrictions within 
the security zone if circumstances dictate. Restrictions imposed by the 
COTP will be tailored to impose the least impact on maritime interests 
while ensuring the security of the Marriott Marina and any adjacent 
vessels, waterfront facilities, or waters.

Regulatory Evaluation

    This rule 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary.

Small Entities

    Under 5 U.S.C. 601 et seq., known as the Regulatory Flexibility 
Act, the Coast Guard considered whether this rule 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). The COTP will allow vessels in the 
Marriott Marina to remain at their moorings while the security zone is 
in place, subject to the conditions discussed previously. Costs 
incurred by vessel owners and commercial entities within the security 
zone are expected to be minimal. Any such costs are greatly outweighed 
by the need to safeguard the security of the attendees at the 
convention. Since the impact of this rule is expected to be minimal, 
the Coast Guard certifies under 5 U.S.C. 605(b), that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and this rule does not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Environmental Assessment

    This rule has been thoroughly reviewed by the Coast Guard and 
determined to be categorically excluded from further environmental 
documentation in accordance with section 2.B.2.c of Commandant 
Instruction M16475.1B, as revised in 59 FR 38654, July 29, 1994. A 
Categorical Exclusion Determination and Environmental Analysis 
Checklist are included in the docket and is available for inspection 
and copying at the address listed under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Final Regulations

    In consideration of the foregoing, 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: 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.

    2. A new section 165.T11-030 is added to read as follows:


Sec. 165.T11-030  Security Zone; San Diego Bay, San Diego, CA.

    (a) Location. The following area is a security zone: the water and 
land area adjacent to the San Diego Convention Center, San Diego, CA, 
described as follows:
    Beginning at 32 deg.42'26''N, 117 deg.09'56''W; then southwest to 
32 deg.42'20''N, 117 deg.10'01''W; then southwest to 32 deg.42'16''N, 
117 deg.10'07''W; then southeast to the outer channel line to 
32 deg.42'13''N, 117 deg.10'02''W; then continuing along the outer 
channel line to 32 deg.42'09''N, 117 deg.09'50''W; then northeast to 
point of land at 32 deg.42'16''N, 117 deg.09'42''W; then along the 
shoreline to the point of beginning. Datum: NAD 83).
    (b) Effective dates. This section is effective from 8 a.m. PDT on 
August 11, 1996 until 11 p.m. PDT on August 15, 1996.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec. 165.33 of 
this part, entry into this zone is prohibited except as authorized by 
the Captain of the Port.
    (2) The Captain of the Port may grant permission for a vessel to 
enter or remain within the security zone if the owners or operators 
consent to a search of their vessel for the purpose of locating 
explosives, weapons, or other articles or things which could pose a 
threat to the security of the Marriott Marina, adjacent vessels, 
waterfront facilities, or waters.
    (3) All persons and vessels within the security zone shall comply 
with the instructions of the Coast Guard Captain of the Port or the 
designated on scene patrol personnel. Upon being hailed via siren, 
radio, flashing light, or other means, the operator of a vessel shall 
follow the instructions of the patrol personnel.
    (4) The Captain of the Port will notify the public of the status of 
this security zone by Marine Safety Radio Broadcast on VHF Marine Band 
Radio, Channel 22 (157.1 MHz).

    Dated: July 9, 1996.
J.A. Watson,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 96-18114 Filed 7-16-96; 8:45 am]
BILLING CODE 4910-14-M