[Federal Register Volume 66, Number 114 (Wednesday, June 13, 2001)]
[Proposed Rules]
[Pages 31870-31871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14821]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD11-01-008]
RIN 2115-AA97


Security Zone; Naval Supply Center Pier, San Diego Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to create a permanent security zone 
around the Naval Supply Center Pier at Naval Base, San Diego, at the 
request of the U.S. Navy. The establishment of this security zone is 
needed to ensure the physical protection of naval vessels moored at the 
Naval Supply Center Pier.

DATES: Comments must be received on or before August 13, 2001.

ADDRESSES: Comments may be mailed to LTJG Erin Calvert, U.S. 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. 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 this is 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 proposes to create a permanent security zone around 
the Naval Supply Center Pier at Naval Base, San Diego. The security 
zone consists of the waters of San Diego Bay extending approximately 
100 feet out from the north, west, and south sides of the Naval Supply 
Center Pier.
    Currently, there is a restricted area around the Naval Supply 
Center Pier, 33 CFR 334.870(d). The Navy believes that this restricted 
area, by itself, is insufficient to adequately safeguard its vessels. 
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 
creation of this security zone will safeguard vessels moored at the 
Naval Supply Center Pier and waterside facilities from destruction, 
loss, or injury from sabotage or other subversive acts, accidents, or 
other causes of a similar nature. The creation of this security zone 
will also prevent recreational and commercial craft from interfering 
with

[[Page 31871]]

military operations involving naval vessels and it will protect 
transiting recreational and commercial vessels, and their respective 
crews, from the navigational hazards posed by such military operations. 
Unlike the current restricted area, under this proposed rule entry 
into, transit through, or anchoring within this security zone would be 
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 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 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 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.

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.

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:

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. A new Sec. 165.1121 is added to read as follows:


Sec. 165.1121  Security Zone: San Diego, CA.

    (a) Location. The following area is a security zone: the waters of 
San Diego Bay extending approximately 100 feet from the north, west, 
and south sides of the Naval Supply Center Pier enclosed by lines 
connecting the following points: Beginning at 32 deg.42'50" N, 
117 deg.10'25" W (Point A); to 32 deg.42'50" N, 117 deg.10'38" W (Point 
B); to 32 deg.42'54" N, 117 deg.10'38" W (Point C); to 32 deg.42'54" N, 
117 deg.10'25" W (Point D).
    (b) In accordance with the general regulations in Sec. 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. Section 165.33 also contains other general 
requirements.
    (c) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of this security zone by the U.S. Navy.

    Dated: May 22, 2001.
E.R. Riutta,
Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 01-14821 Filed 6-12-01; 8:45 am]
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