[Federal Register Volume 63, Number 94 (Friday, May 15, 1998)]
[Proposed Rules]
[Pages 27019-27020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13016]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD11-98-003]
RIN 2115-AA97


Security Zone; San Diego Bay

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify and expand the geographical 
boundaries of the permanent security zone codified at 33 CFR 165.1105 
as follows: on the waters along the northern shoreline of Naval Air 
Station North Island, the area enclosed by the following points: 
Beginning at a point located at 32 deg.42'53.0'' N, 117 deg.11'45.0'' 
W, thence running northerly to a point located at 32 deg.42'55.5'' N, 
117 deg.11'45.0'' W, thence running easterly to a point located at 
32 deg.42'55.0'' N, 117 deg.11'30.5'' W, thence running southeasterly 
to a point located at 32 deg.42'50.5'' N, 117 deg.11'26.0'' W, thence 
running northeasterly to a point located at 32 deg.42'52.0'' N, 
117 deg.11'24.5'' W, thence running southeasterly to a point located at 
32 deg.42'43.5'' N, 117 deg.11'13.0'' W, thence running southerly to a 
point located at 32 deg.42'30.5'' N, 117 deg.11'18.0'' W, thence 
running southeasterly to a point located at 32 deg.42'21.0'' N, 
117 deg.10'48.0'' W, thence running southerly to a point located at 
32 deg.42'13.0'' N, 117 deg.10'51.0'' W, thence running generally 
northwesterly along the shoreline of Naval Air Station North Island to 
the place of beginning. The perimeter of the security zone will 
continue to be marked and patrolled by United States Navy security 
patrol boats.
    There were previously only two aircraft carriers homeported at 
Naval Air Station North Island; however, a third aircraft carrier has 
recently been designated to homeport at Naval Air Station North Island. 
The modification and expansion of this security zone is needed to 
accommodate the homeporting of this third aircraft carrier at Naval Air 
Station North Island. Entry into, transit through, or anchoring within 
this security zone is prohibited unless authorized by the Captain of 
the Port.

DATES: Comments must be received on or before July 14, 1998.

ADDRESSES: Comments may be mailed to LT Michael A. Arguelles, Coast 
Guard Marine Safety Office, 2716 North Harbor Drive, San Diego, CA, 
92101-1064, (619) 683-6484. The comments and other materials referenced 
in this notice will be available for inspection and copying at the 
above address. Normal office hours are between 7 a.m. and 4 p.m., 
Monday through Friday, except federal holidays. Comments may also be 
hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Mike Arguelles, USCG, c/o U.S. Coast Guard Captain of the 
Port, 2716 N. Harbor Drive, San Diego, CA 92101-1064, (619) 683-6484.

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested persons are invited to participate in this proposed 
rulemaking by submitting written views, data, or any other materials to 
the address listed under ADDRESSES in this preamble. Persons submitting 
comments should include their names and addresses, identify the docket 
number for this rulemaking (CGD11-98-003), the specific section of the 
proposal to which their comments apply, and give reasons for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an unbound format suitable for copying and electronic 
filing. If not practical, a second copy of any bound materials is 
requested. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope. The Coast Guard 
will consider all comments received during the comment period and may 
change this proposal in view of the comments.
    No public hearing is planned, but one may be held if written 
requests for a hearing are received and it is determined that the 
opportunity to make oral presentations will aid in the rulemaking 
process. Persons may request a public hearing by writing to the address 
listed above in ADDRESSES. The request should include reasons why a 
hearing would be beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.

[[Page 27020]]

Background and Purpose

    This modification of 33 CFR 165.1105 is being proposed to 
accommodate the homeporting of a new aircraft carrier at Naval Air 
Station North Island. There were previously only two aircraft carriers 
homeported at Naval Air Station North Island; however, a third aircraft 
carrier has recently been designated to homeport at Naval Air Station 
North Island. The modification and expansion of this security zone is 
needed to accommodate the homeporting of this third aircraft carrier at 
Naval Air Station North Island.
    The modification and expansion of this security zone will prevent 
recreational and commercial craft from interfering with military 
operations involving all naval vessels homeported at Naval Air Station 
North Island, and it will protect transiting recreational and 
commercial vessels, and their respective crews, from the navigational 
hazards posed by such military operations. Entry into, transit through, 
or anchoring within this security zone is prohibited unless authorized 
by the Captain of the Port.

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 proposal to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of DOT is unnecessary. This proposal will have minimal 
additional impact on vessel traffic because it is only a slight 
modification and expansion of the existing security zone codified at 33 
CFR 165.1105.

Small Entities

    Under 5 U.S.C. 601 et seq., the Coast Guard must consider whether 
this proposal would have significant 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 Coast Guard expects the 
economic impact of the proposal to be minimal on all entities. Because 
it expects the impact of this proposal to be minimal, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this proposal, if adopted, will 
not have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This proposed regulation 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 proposed 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 Figure 2-1, paragraph (34)(g), of 
Commandant Instruction M16475.1C, it will have no significant 
environmental impact and it is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination and 
Environmental Analysis Checklist will be available for inspection and 
copying in the docket to be maintained at the address listed in 
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

Proposed Regulation

    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:
    1. The authority citation for 33 CFR 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. In Sec. 165.1105 paragraph (a), is revised to read as follows:


Sec. 165.1105  Security Zone: San Diego Bay, CA.

    (a) Location. The following area is a security zone: on the waters 
along the northern shoreline of Naval Air Station North Island, the 
area enclosed by the following points: beginning at a point located at 
32 deg.42'53.0''N, 117 deg.11'45.0''W; thence running northerly to a 
point located at 32 deg.42'55.5''N, 117 deg.11'45.0''W; thence running 
easterly to a point located at 32 deg.42'55.0''N; 117 deg.11'30.5''W; 
thence running southeasterly to a point located at 32 deg.42'50.5''N, 
117 deg.11'26.0''W; thence running northeasterly to a point located at 
32 deg.42'52.0''N; 117 deg.11'24.5''W; thence running southeasterly to 
a point located at 32 deg.42'43.5''N; 117 deg.11'13.0''W; thence 
running southerly to a point located at 32 deg.42'30.5''N; 
117 deg.11'18.0''W; thence running southeasterly to a point located at 
32 deg.42'21.0''N; 117 deg.10'48.0''W; thence running southerly to a 
point located at 32 deg.42'13.0''N; 117 deg.10'51.0''W; thence running 
generally northwesterly along the shoreline of naval Air Station North 
Island to the place of beginning.
* * * * *
    Dated: April 20, 1998.
J. C. Card,
Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 98-13016 Filed 5-14-98; 8:45 am]
BILLING CODE 4910-15-M