[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Rules and Regulations]
[Pages 4658-4660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2361]


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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: Final rule.

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SUMMARY: The Coast Guard is creating a permanent security zone around 
the Fleet Industrial Supply Center (formerly 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 Fleet Industrial Supply 
Center pier.

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 Supply Center Pier, San 
Diego Bay, CA in the Federal Register (66 FR 31870). The Coast Guard 
did not receive any letters commenting on the proposed rule. No public 
hearing was requested, and none was held. Since publication of the 
NPRM, the Navy has notified the Coast Guard that it has changed the 
name of the pier from the Naval Supply Center Pier to the Fleet 
Industrial Supply Center Pier.
    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 provide for security zone 
coverage around the pier. 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. 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.

[[Page 4659]]

Background and Purpose

    The Coast Guard is creating a permanent security zone around the 
newly-named Fleet Industrial Supply Center Pier at Naval Base, San 
Diego (formerly known as the Naval Supply Center Pier). 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 Fleet 
Industrial Supply Center Pier.
    Currently, there is a restricted area around the Fleet Industrial 
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 attacks of September 11, 2001 and the heightened state of military 
alert resulting therefrom add substantial urgency to the creation of 
this security zone. The creation of this security zone will help 
safeguard vessels moored at the Fleet Industrial Supply Center 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 
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, or 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 NPRM comment period.
    To reflect the pier's name change, the Coast Guard has made the 
following minor technical amendments to the final rule that did not 
appear in the NPRM: In paragraph (a) of the final rule, the Naval 
Supply Center Pier has been re-named as the Fleet Industrial Supply 
Center Pier. Also, to reflect a name 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.

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, l979). This rule will have minimal 
additional impact on vessel traffic because it is already a restricted 
area codified at 33 CFR 334.870.

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 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this 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 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.

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 creates a security zone on top 
of an already existing restricted area. The rules are only slightly 
different and the physical characteristics of the surrounding waters 
does not change at

[[Page 4660]]

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


Sec. 165.1121  Security Zone: Fleet Supply Center Industrial Pier, 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 Fleet Industrial Supply Center 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) Regulations. In accordance with the general regulations in 
Sec. 165.33, entry into the area of this zone is prohibited unless 
authorized by the Captain of the Port or the Commander, Navy Region 
Southwest. 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, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 02-2361 Filed 1-30-02; 8:45 am]
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