[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Rules and Regulations]
[Pages 21869-21871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10712]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 01-008]
RIN 2115-AA97


Security Zone; San Diego Bay

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary security zone at 
Naval Base, San Diego, California, at the request of the U.S. Navy. The 
temporary security zone will expand across the mouth of Chollas Creek. 
This security zone is needed to ensure the physical protection of naval 
vessels moored at Naval Base, San Diego.

DATES: This temporary regulation is effective May 2, 2001 through 
October 29, 2001.

ADDRESSES: Coast Guard Marine Safety Office, 2716 North Harbor Drive, 
San Diego, CA, 92101-1064, (619) 683-6495.

FOR FURTHER INFORMATION CONTACT: Lieutenant Kathleen Garza, USCG, c/o 
U.S. Coast Guard Captain of the Port, telephone (619) 683-6495.

[[Page 21870]]


SUPPLEMENTARY INFORMATION:

Regulatory Information

    A notice of proposed rulemaking (NPRM) for a permanent rulemaking 
of this regulation is in process. However, under 5 U.S.C. 553(b)(B), 
the Coast Guard finds that good cause exists for making this regulation 
effective immediately. Publishing a NPRM and delaying the effective 
date would be contrary to the interest of national security. Due to the 
recent terrorist attack on a U.S. Navy vessel, the Navy has a 
heightened level of concern with regards to all its vessels and their 
crews. As a result, the Navy has determined a need for increased 
security measures for their vessels and crewmembers while berthed at 
Naval Base, San Diego. To accomplish this goal, a temporary security 
zone is needed to protect vessels while they are berthed at U.S. Naval 
Base, San Diego. Due to the need to protect these vessels and their 
crews, delaying the effective date would be contrary to national 
security. At the same time, we are inviting public comment on the 
security zone via the publication of an NPRM. This temporary regulation 
will be removed once comments to the NPRM are analyzed and a Final Rule 
is published.

Background and Purpose

    The Coast Guard is establishing this temporary security zone, to 
enclose the mouth of Chollas Creek so that unauthorized vessels or 
persons cannot transit into Chollas Creek.
    This temporary security zone is needed to ensure the physical 
protection of naval vessels moored in the area. This security zone will 
also prevent recreational and commercial craft from interfering with 
military operations involving all naval vessels home-ported at Naval 
Base, San Diego 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 Base San Diego, or the Commanding Officer, Naval Station, San 
Diego.
    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 temporary 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 
regulation to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. This regulation 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 165.1102.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this regulation 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 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they may better evaluate its 
effects on them and participate in the rulemaking process.
    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).

Collection of Information

    This temporary 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 temporary regulation under 
Executive Order 13132 and has 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 rule would not impose an unfunded mandate.

Taking of Private Property

    This temporary 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 temporary 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 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments,

[[Page 21871]]

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.

Environment

    The Coast Guard has considered the environmental impact of this 
temporary 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.

Regulation

    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

    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. Add section 165.T11-036 to read as follows:


Sec. 165.T11-036  Security Zone: San Diego Bay, CA.

    (a) Location. The following area is a security zone: the water area 
within Naval Station, San Diego enclosed by the following points: 
Beginning at 32 deg.41'16.5" N, 117 deg.08'01" W (Point A); thence 
running southwesterly to 32 deg.41'06" N, 117 deg.08'09.3" W (Point B); 
thence running southeasterly along the U.S. Pierhead Line to 
32 deg.39'36.9" N, 117 deg.07'23.5" W (Point C); thence running 
easterly to 32 deg.39'38.5" N, 117 deg.07'06.5" W (Point D); thence 
running generally northwesterly along the shoreline of the Naval 
Station to the place of beginning.
    (b) Effective Dates. This temporary regulation is effective May 2, 
2001 through October 29, 2001.
    (c) Regulations. In accordance with the general regulations in 
section 165.33 of this part, entry into the area of this zone is 
prohibited unless authorized by the Captain of the Port or the 
Commanding Officer, Naval Base, San Diego.
    (d) The U.S. Navy may assist the U.S. Coast Guard in the patrol and 
enforcement of this security zone.

    Dated: April 6, 2001.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 01-10712 Filed 5-1-01; 8:45 am]
BILLING CODE 4910-15-U