[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Rules and Regulations]
[Pages 21864-21866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10715]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 01-006]
RIN 2115-AA97


Security Zone; San Diego Bay

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone

[[Page 21865]]

in the navigable waters of San Diego Bay, San Diego, CA. 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 establishment of this 
temporary security zone is needed to ensure the physical protection of 
this third aircraft carrier at Naval Air Station North Island.

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.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    A supplemental notice of proposed rulemaking (SNPRM) 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 U.S. Naval Air Station North Island. To accomplish 
this goal, a temporary security zone is needed to protect vessels while 
they are berthed at U.S. Naval Air Station North Island. 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 comments on the security zone via the publication of a 
SNPRM. This temporary regulation will be removed once comments on the 
SNPRM are analyzed and a Final Rule is published.

Background and Purpose

    The Coast Guard is establishing the temporary security zone, to 
accommodate the home-porting of a 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 establishment of this temporary 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 establishment of 
this temporary 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 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 165.1105.

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 temporary 
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 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.

[[Page 21866]]

Taking of Private Property

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

Civil Justice Reform

    This 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, 
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:
    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. A new section 165.T11-038 is added to read as follows:


Sec. 165.T11-038  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.42'55.5" 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, 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) 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,
Commmander, U.S. Coast Guard Captain of the Port, San Diego.
[FR Doc. 01-10715 Filed 5-1-01; 8:45 am]
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