[Federal Register Volume 66, Number 78 (Monday, April 23, 2001)]
[Proposed Rules]
[Pages 20413-20415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9992]


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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: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to expand the geographical boundaries 
of the permanent security zone at Naval Air Station North Island, 
Coronado, California. There were previously only two aircraft carriers 
home-ported at Naval Air Station North Island; however, a third 
aircraft carrier has been designated to homeport at Naval Air Station 
North Island. The modification and expansion of this security zone is 
needed to ensure the physical protection of this third aircraft carrier 
at Naval Air Station North Island.

DATES: Comments must be received on or before May 23, 2001.

ADDRESSES: Comments may be mailed to LT Kathleen Garza, Coast Guard 
Marine Safety Office, 2716 North Harbor Drive, San Diego, CA 92101-
1064, (619) 683-6477. The Marine Safety Office maintains the public 
docket for this rulemaking. Comments and material received from the 
public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection and copying at the Marine Safety Office 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Patricia Springer, Vessel 
Traffic Management Section, 11th Coast Guard District, telephone (510) 
437-2951; e-mail [email protected].

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, 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.

Background and Purpose

    The Coast Guard published a NPRM on May 15, 1998 (63 FR 27019). 
That NPRM proposed to modify the Security Zone adjacent to Naval Air 
Station North Island, Coronado, California, 33 CFR 165.1105. No 
comments were received. Publication of the final rule, however, was 
delayed due to the need for operational reassessment. Due to the length 
of time since publication of the NPRM, we are publishing a supplemental 
notice of proposed rulemaking and providing an additional opportunity 
for comment on this rulemaking. The Coast Guard proposes to modify the 
security zone, enlarging it to accommodate the home-porting of a

[[Page 20414]]

new aircraft carrier at Naval Air Station North Island. There were 
previously only two aircraft carriers home-ported at Naval Air Station 
North Island; however, a third aircraft carrier has been designated to 
homeport at Naval Air Station North Island.
    The security zone will be expanded at its Northwest tip to the West 
by 0.144 square miles. It will be expanded in its mid-section to the 
North by 0.182 square miles.
    The modification and expansion of this security zone is needed to 
accommodate the home-porting of this third aircraft carrier. The 
modification and expansion of this security zone will prevent 
recreational and commercial craft from interfering with military 
operations involving all naval vessels home-ported 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. In addition, the Navy has 
been reviewing all aspects of its anti-terrorism and force protection 
posture in response to the attack on the USS COLE. The modification and 
expansion of this security zone will safeguard vessels and waterside 
facilities from destruction, loss, or injury from sabotage or other 
subversive acts, accidents, or other causes of a similar nature. Entry 
into, transit through, or anchoring within this security zone is 
prohibited unless authorized by the Captain of the Port, the Commander, 
Naval Air Force, U.S. Pacific Fleet, the Commander, Naval Base San 
Diego, or the Commanding Officer, Naval Air Station North Island.
    Vessels or persons violating this section would be subject to the 
penalties set forth in 50 U.S.C. 192 and 18 U.S.C. 3571: seizure and 
forfeiture of the vessel, a monetary penalty of not more than $250,000, 
and imprisonment for not more than 10 years.
    The U.S. Coast Guard may be assisted in the patrol and enforcement 
of this security zone by the U.S. Navy.

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. The Office of Management and Budget has not reviewed it 
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 the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this proposal would have significant impact on 
a substantial number of small entities. 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 certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities because vessel traffic would be allowed to 
pass through the zone with the permission of the Captain of the Port.

Collection of Information

    This proposed regulation contains no collection of information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this proposed regulation under 
Executive Order 13132 and have determined that this rule does not have 
implications for federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630m 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets the applicable standards in sections 3(a) 
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    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 record 
keeping requirements, Security measures, Waterways.

Proposed Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 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, revise paragraph (a) and add a new paragraph 
(c) 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 32 deg.42'53.0" N, 
117 deg.11'45.0" W (Point A); thence running northerly to 
32 deg.42'55.5"N, 117 deg.11'45.0" W (Point B); thence running easterly 
to 32 deg.42'55." N, 117 deg.11'30.5" W (Point C); thence running 
southeasterly to 32 deg.42'40.0" N, 117 deg.11'06.5" W (Point D); 
thence running southerly to 32 deg.42'37.5" N, 117 deg. 11'07.0" W 
(Point E); thence running southerly to 32 deg.42'28.5" N, 
117 deg.11'11.0" W (Point F); thence running southeasterly to 
32 deg.42'22.0" N,

[[Page 20415]]

117 deg.10'48.0" W (Point G); thence running southerly to 
32 deg.42'13.0" N, 117 deg.10'51.0" W (Point H); thence running 
generally northwesterly along the shoreline of Naval Air Station North 
Island to the place of beginning.
    (b) * * *
    (c) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of this security zone by the U.S. Navy.

    Dated: April 3, 2001.
E.R. Riutta,
Vice Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard 
District.
[FR Doc. 01-9992 Filed 4-20-01; 8:45 am]
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