[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Rules and Regulations]
[Pages 4662-4664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2359]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD11-98-003]
RIN 2115-AA97


Security Zone; San Diego Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is expanding the geographical boundaries of 
the permanent security zone at the newly-named Naval Base Coronado, 
California. This base was known as Naval Air Station North Island, but 
the Navy has recently changed its name. There were previously only two 
aircraft carriers home-ported at Naval Base Coronado; however, a third 
aircraft carrier has been designated to homeport there. The 
modification and expansion of this security zone is needed to ensure 
the physical protection of this third aircraft carrier at Naval Base 
Coronado.

DATES: This rule becomes effective December 17, 2001.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the Coast Guard Marine Safety Office, 2716 
North Harbor Drive, San Diego, CA 92101-1064 between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Christopher Hochschild, 
Vessel Traffic Management Section, 11th Coast Guard District, telephone 
(510) 437-2940; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Regulatory History

    The Coast Guard published a notice of proposed rulemaking (NPRM) on 
May 15, 1998 (63 FR 27019). That NPRM proposed to modify the Security 
Zone adjacent to Naval Air Station, North Island, 33 CFR 165.1104. No 
comments were received. Publication of the final rule was delayed 
because of the need for operational reassessment. Due to the length of 
time since publication of the NPRM, we published a supplemental notice 
of proposed rulemaking (SNPRM) on April 23, 2001 in the Federal 
Register (66 FR 20413) and provided an additional opportunity for 
comment on this rulemaking. We did not receive any letters commenting 
on the proposed rule. No public hearing was requested, and none was 
held. Two months after the SNPRM was published, technical amendments 
were made to Title 33 of the Code of Federal Regulations, including a 
redesignation of Sec. 165.1105 as 165.1104 (66 FR 33637, 33642, June 
25, 2001).
    In keeping with the requirements of 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this regulation effective 
immediately. The Coast Guard balanced the necessity for immediate 
implementation against the principles of fundamental fairness which 
require that all effected persons be afforded a reasonable time to 
prepare for the effective date of the rule. In light of the events of 
September 11, 2001, the Coast Guard believes it is in the national 
interest to immediately implement the rule to avoid any gap in security 
zone coverage. The Coast Guard further believes that it has provided 
the public adequate notice and time to adapt to the security zone's 
implementation through the original NPRM, the supplemental NPRM and the 
Navy's placement of small buoys marking the zone. In addition, the 
California Coastal Commission, in its Coast Zone Management Act 
Determination of October 16, 2001 discussed the minimal impact the zone 
will have on the public: ``These areas [including the subject security 
zone] are not typically used for recreational or commercial boating, 
and the restrictions will not adversely affect navigation or boating in 
San Diego Bay.'' The Coast Guard was delayed slightly in implementing 
this final rule because the attacks on the World Trade Center in New 
York and the Pentagon in Washington, DC caused the Coast Guard and the 
Navy to re-examine the whole scheme of security zones contemplated for 
San Diego to ensure they adequately met force protection and national 
defense needs.

Background and Purpose

    The Coast Guard is modifying the security zone, enlarging it to 
accommodate the home-porting of a new aircraft carrier at Naval Base 
Coronado. There were previously only two aircraft carriers home-ported 
there; however, a third aircraft carrier has been designated to 
homeport at Naval Base Coronado.
    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 Navy requires the modification and expansion of this security 
zone to accommodate the home-porting of this third aircraft carrier. 
The expanded zone will prevent recreational and commercial craft from 
interfering with military operations involving all naval vessels home-
ported at Naval Base Coronado, 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 attacks of September 11, 2001 and the heightened state of military 
alert resulting therefrom add substantial urgency to the expansion of 
this security zone. The modification and expansion of this security 
zone will help 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, Navy Region Southwest, or the 
Commanding Officer, Naval Base Coronado.
    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.

[[Page 4663]]

Discussion of Comments and Changes

    No comments were received during the NPRM or SNPRM comment periods.
    To reflect naming changes resulting from the Navy's 1998 
regionalization process, the Coast Guard has made the following minor 
technical amendments that did not appear in the NPRM or SNPRM: In 
paragraph (a) of the final rule, Naval Air Station North Island has 
been re-named as Naval Base Coronado. In paragraph (b) of the final 
rule, the Commanding Officer, Naval Air Station North Island has been 
re-named as Commanding Officer, Naval Base Coronado.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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). This rule 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 165.1104.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of (44 U.S.C. 3501-3520).

Federalism

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

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 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.

Taking of Private Property

    This final 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 final 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 final 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.

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.

Environment

    We 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. This rule is only a slight expansion of an 
area which already has existing restrictions, and it does not alter any 
physical state of the surrounding waters. A Categorical Exclusion 
Determination and an Environmental Analysis Checklist are available in 
the docket at the location specified under the ADDRESSES portion of 
this rulemaking.

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:

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, 160.5; 49 CFR 1.46.

    2. In Sec. 165.1104, revise paragraph (a) and (b) and add a new 
paragraph (c) to read as follows:


Sec. 165.1104  Security Zone: San Diego Bay, California.

    (a) Location. The following area is a security zone: on the waters 
along the northern shoreline of Naval Base Coronado, 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.42'55.0" 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 Base 
Coronado to the place of beginning.
    (b) Regulations. 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, the Commander, 
Naval Air Force, U.S. Pacific Fleet, the Commander, Navy Region 
Southwest, or the Commanding Officer, Naval Base

[[Page 4664]]

Coronado. Section 165.33 also contains other general requirements.
    (c) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of this security zone by the U.S. Navy.

    Dated: December 17, 2001.
E.R. Riutta,
Vice Admiral, Coast Guard, Commander, Eleventh Coast Guard District.
[FR Doc. 02-2359 Filed 1-30-02; 8:45 am]
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