[Federal Register Volume 66, Number 201 (Wednesday, October 17, 2001)]
[Rules and Regulations]
[Pages 52691-52693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26160]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 01-008]
RIN 2115-AA97


Security Zone; San Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone in 
the navigable waters of the United States from the entrance to San 
Francisco Bay out to 12 nautical miles. The need for this security zone 
is based on recent terrorist actions against the United States. Persons 
and vessels will be prohibited from entering, transiting through or 
anchoring within the security zone unless authorized by the Captain of 
the Port, or his designated representative.

DATES: This security zone will be in effect from 5 p.m. (PDT) on 
September 13, 2001 to 3:59 p.m. (PDT) March 12, 2002.

ADDRESSES: 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 docket COTP San Francisco Bay 01-008, and will be 
available for inspection or copying at U.S. Coast Guard Marine Safety 
Office, San Francisco Bay, Coast Guard Island, Alameda, CA 94501 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Andrew B. Cheney, U.S. 
Coast Guard Marine Safety Office San Francisco Bay, at (510) 437-3073.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    As authorized by 5 U.S.C. 553, we did not publish a notice of 
proposed rulemaking (NPRM) for this regulation. In keeping with the 
requirements of 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, and that under 5 U.S.C. 553 
(d)(3), good cause exists for making this regulation effective less 
than 30 days after publication in the Federal Register. Due to the 
recent terrorist attacks on the United States, a heightened level of 
security has been established concerning all vessels entering navigable 
waters of the United States. As a result, this security zone is needed 
to protect the United States and more specifically the people, ports, 
waterways, and properties of the San Francisco Bay area. The incidents 
necessitating this security zone did not allow a 30-day period for 
publication prior to the issuance of this temporary regulation; 
publishing an NPRM and delaying the effective date would be contrary to 
public and national security interests.

Background and Purpose

    As part of the Diplomatic Security and Antiterrorism Act of 1986 
(Pub. L. 99-399), Congress amended the Ports and Waterways Safety Act 
(PWSA) to allow the Coast Guard to take actions, including the 
establishment of security and safety zones, to prevent or respond to 
acts of terrorism. 33 U.S.C. 1226. Due to the terrorist acts against 
the United States on September 11, 2001, the Coast Guard is 
establishing a temporary security zone in the navigable waters of the 
United States from the entrance to San Francisco Bay out to 12 nautical 
miles. Under the PWSA, navigable waters of the United States includes 
all waters of the territorial sea of the United States as described in 
Presidential Proclamation No. 5928 of December 27, 1988. This 
Presidential proclamation declared that the territorial sea of the 
United States extends to 12 nautical miles from the baselines of the 
United States determined in accordance with international law. This 
security zone will encompass navigable waters within a 12-nautical-
mile-arc that is drawn seaward from the following coordinate: latitude 
37 deg.48'16" N and longitude 122 deg.31'09" W.
    Recent terrorist actions against the United States have increased 
the need for safety and security measures for U.S. ports and waterways. 
The zone will be in effect from 5 p.m. (PDT) on September 13, 2001 to 
3:59 p.m. (PDT) on March 12, 2002.
    This temporary security zone is necessary to provide for the safety 
and security of the United States of America and the people, ports, 
waterways and properties within the San Francisco Bay area. The 
security zone extends from the entrance of San Francisco Bay to the 
limit of the navigable waters of the United States, a distance of 12 
nautical miles, and will be enforced by Coast Guard patrol craft. 
Persons and vessels are prohibited from entering into or transiting 
through this security zone unless authorized by the Captain of the 
Port, or his designated representative.
    Pursuant to 33 U.S.C. 1232, any violation of the security zone 
described herein, is punishable by civil penalties (not to exceed 
$27,500 per violation, where each day of a continuing violation is a 
separate violation), criminal penalties (imprisonment for not more than 
6 years and a fine of not more than $250,000), in rem liability against 
the offending vessel, and license sanctions. Any person who violates 
this regulation, using a dangerous weapon, or who engages in conduct 
that causes bodily injury or fear of imminent bodily injury to any 
officer authorized to enforce this regulation, also faces imprisonment 
up to 12 years (class C felony).

Regulatory Evaluation

    This temporary final rule 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

[[Page 52692]]

section 6 (a)(3) of that Order. It has not been reviewed 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). Due to the 
recent terrorist actions against the United States the implementation 
of this security zone is necessary for the protection of the United 
States and its people.
    The size of the zone is the minimum necessary to provide adequate 
protection for the public, vessels, and vessel crews. Any vessels 
seeking entry into or movement within the security zone must request 
permission from the Captain of the Port or his authorized patrol 
representative. Any hardships experienced by persons or vessels are 
considered minimal compared to the national interest in protecting the 
public, vessels, and vessel crews from the further devastating 
consequences of the aforementioned acts of terrorism, and from 
potential future sabotage or other subversive acts, accidents, or other 
causes of a similar nature.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
impact on a substantial number of small entities. ``Small entities'' 
include small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations less than 50,000.
    This security zone will not have a significant impact on a 
substantial number of small entities because although the security zone 
will occupy the entire entrance of San Francisco Bay, vessels will 
receive authorization to transit into San Francisco Bay by the Captain 
of the Port on a case-by-case basis. Therefore, the Coast Guard 
certifies under section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) that this temporary final rule will not have a 
significant economic impact on a substantial number of small entities.

Assistance For Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), the Coast Guard offers to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process. If your small business or organization is affected by this 
rule and you have questions concerning its provisions or options for 
compliance, please contact Lieutenant Andrew B. Cheney, U.S. Coast 
Guard Marine Office San Francisco Bay at (510) 437-3073.
    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 final rule does not provide for a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule and have 
determined that this rule does not have implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 create 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

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation, because we are establishing a security 
zone. A ``Categorical Exclusion Determination'' is available in the 
docket for inspection or copying where indicated under ADDRESSES.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

[[Page 52693]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for 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, 160.5; 49 CFR 1.46.

    2. Add new Sec. 165.T11-094 to read as follows:


Sec. 165.T11-094  Security Zone; Navigable Waters of the United States 
leading into San Francisco Bay, San Francisco, CA.

    (a) Location. The security zone will encompass navigable waters 
within a 12-nautical-mile arc that is drawn seaward from the following 
coordinate: latitude 37 deg.48'16" N and longitude 122 deg.31'09" W.
    (b) Effective dates. This section will be in effect from 5 p.m. 
(PDT) on September 13, 2001 to 3:59 p.m. (PDT) on March 12, 2002. If 
the need for the security zone ends before the scheduled termination 
time, the Captain of the Port will cease enforcement of this security 
zone and will also announce that fact via Broadcast Notice to Mariners.
    (c) Regulations. This section is also issued under section 7 of the 
Ports and Waterways Safety Act (33 U.S.C. Sec. 1226). In accordance 
with the general regulations in Sec. 165.33 of this part, no person or 
vessel may enter or remain in the security zone established by this 
temporary section, unless authorized by the Captain of the Port, or his 
designated representative. All other general regulations of Sec. 165.33 
of this part apply in the security zone established by this temporary 
section.

    Dated: September 13, 2001.
L.L. Hereth,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay, 
California.
[FR Doc. 01-26160 Filed 10-16-01; 8:45 am]
BILLING CODE 4910-15-P