[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Rules and Regulations]
[Pages 4660-4662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2360]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD11-01-011]
RIN 2115-AA97


Security Zone; Naval Amphibious Base, San Diego Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is creating a permanent security zone around 
the Naval Amphibious Base, Coronado, California, at the request of the 
U.S. Navy. This security zone will be established inside an already 
exiting restricted area defined by the U.S. Navy maintained buoys. The 
establishment of this security zone is needed to ensure the physical 
protection of naval vessels and their activities at Naval Amphibious 
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

    On June 13, 2001, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Security Zone; Naval Amphibious Base, San 
Diego Bay, CA in the Federal Register (66 FR 31872). The Coast Guard 
did not receive any letters commenting on the proposed rule. No public 
hearing was requested, and none was held.
    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 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 creating a permanent security zone around the 
Naval Amphibious Base, Coronado, California, at the request of the U.S. 
Navy. The security zone will consist of the waters of San Diego Bay 
around the perimeter of the Naval Amphibious Base, extending 
approximately 100 yards out.
    Currently, there is a restricted area around the Naval Amphibious 
Base, 33 CFR 334.860. The Navy believes that this restricted area, by 
itself, is insufficient to adequately safeguard its vessels and the 
military operations involving the base. 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 creation of this security zone. This 
security zone will safeguard vessels moored at the Naval Amphibious 
Base 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 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

[[Page 4661]]

restricted area regulation, this security zone regulation will not 
allow vessels to transit through or anchor in the security zone unless 
authorized by the Captain of the Port, the Commander, Navy Region 
Southwest.
    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.

Discussion of Comments and Changes

    No comments were received during the notice of proposed 
rulemaking's comment period.
    To reflect a naming change resulting from the Navy's 1998 
regionalization process, the Coast Guard has made the following minor 
technical amendment to the final rule which did not appear in the NPRM: 
In paragraph (b) of the final rule, Commanding Officer, Naval Base San 
Diego has been re-named as the Commander, Navy Region Southwest. Also, 
a phrase was added at the end of the coordinates to clarify that the 
zone is enclosed.

Regulatory Evaluation

    This final 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 being 
created inside an already existing restricted area codified at 33 CFR 
334.860.

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 final 
rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This final rule calls for no new collection of information under 
the Paperwork Reduction Act (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. This final rule does not impose an unfunded mandate.

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 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

    The Coast Guard has analyzed this final 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

    The Coast Guard has analyzed this rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use and has 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

    The Coast Guard 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 creates a security zone inside 
an already existing restricted area and the physical characteristics of 
the surrounding waters is not altered. 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 record 
keeping 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. Add Sec. 165.1120 to read as follows:


Sec. 165.1120  Security Zone; Naval Amphibious Base, San Diego, CA.

    (a) Location. The following area is a security zone: the waters of 
San Diego Bay, enclosed by lines connecting the following points: 
Beginning at 32 deg.40'30.0" N, 117 deg.10'03.0" W (Point A); thence 
running northeasterly to 32 deg.40'54.0" N, 117 deg.09'35.5" W (Point 
B); thence running northeasterly to 32 deg.40'55.0" N, 117 deg.09'27.0" 
W (Point C); thence running southeasterly to

[[Page 4662]]

32 deg.40'43.0" N, 117 deg.09'09.0" W (Point D); thence running 
southerly to 32 deg.40'39.0" N, 117 deg.09'08.0" (Point E); thence 
running southwesterly to 32 deg.40'30.0" N, 117 deg.09'12.9" W (Point 
F); thence running a short distance to 32 deg.40'29.0" N, 
117 deg.09'14.0" W (Point G); thence running southwesterly to 
32 deg.40'26.0" N, 117 deg.09'17.0" W (Point H); thence running 
northwesterly to the shoreline to 32 deg.40' 31.0" N, 117 deg.09' 22.5" 
W (Point I), thence running along the shoreline to the beginning point.
    (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 or the 
Commander, Navy Region Southwest.
    (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. 02-2360 Filed 1-30-02; 8:45 am]
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