[Federal Register Volume 67, Number 33 (Tuesday, February 19, 2002)]
[Rules and Regulations]
[Pages 7270-7272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3927]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 01-021]
RIN 2115-AA97


Security Zones; Hoover Dam, Davis Dam, and Glen Canyon Dam

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three security zones on the 
Colorado River: one surrounding the Hoover Dam, the second one 
surrounding the Davis Dam, and the third zone surrounding the Glen 
Canyon Dam. These actions are necessary to ensure public safety and 
prevent sabotage or terrorist acts against the public and commercial 
structures and individuals near or upon these structures. These 
security zones will prohibit all persons and vessels from entering, 
transiting through or anchoring within the security zones unless 
authorized by the Captain of the Port (COTP), or his designated 
representative.

DATES: This rule is effective from 12 midnight (PST) on November 5, 
2001 to 12 midnight (PDT) on June 21, 2002.

ADDRESSES: Any comments and material received from the public, as well 
as documents indicated in this preamble as being available in the 
docket, are part of docket COTP San Diego 01-021, and are available for 
inspection or copying at U.S. Coast Guard Marine Safety Office San 
Diego, 2716 N. Harbor Drive, San Diego California 92101, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Rick Sorrell, Chief of Port 
Operations, Marine Safety Office San Diego, at (619) 683-6495.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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. In 
keeping with the requirements of 5 U.S.C. 553(d)(3), the Coast Guard 
also finds that good cause exists for making this regulation effective 
less than 30 days after publication in the Federal Register.
    On September 11, 2001, two commercial aircraft were hijacked from 
Logan Airport in Boston, Massachusetts and flown into the World Trade 
Center in New York, New York inflicting catastrophic human casualties 
and property damage. A similar attack was conducted on the Pentagon in 
Arlington, Virginia on the same day. National security officials warn 
that future terrorist attacks against high visibility civilian targets 
may be anticipated. A heightened level of security has been established 
concerning all vessels and persons transiting in the vicinity of the 
Colorado River Dams. These security zones are needed to protect the 
United States and more specifically the people, waterways, and 
properties of the Colorado River Dams.
    The delay inherent in the NPRM process, and any delay in the 
effective date of this rule, is contrary to the public interest insofar 
as it may render individuals and facilities within and adjacent to the 
Colorado River Dams vulnerable to subversive activity, sabotage or 
terrorist attack. The measures contemplated by the rule are intended to 
prevent future terrorist attacks against these dams themselves, or 
individuals and facilities within or adjacent to these dams. Immediate 
action is required to accomplish these objectives. Any delay in the 
effective date of this rule is impracticable and contrary to the public 
interest.

Background and Purpose

    On September 11, 2001, terrorists launched attacks on civilian and 
military targets within the United States killing large numbers of 
people and damaging properties of national significance. Personnel, 
vehicles or vessels operating near these installations upon the 
Colorado River and activities upon adjacent lands present possible 
situations through which individuals may gain unauthorized access to 
these installations, or launch terrorist attacks upon the waterfront 
structures and adjacent population centers.
    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 against individuals, vessels, or public or commercial 
structures. 33 U.S.C. 1226. The terrorist acts against the United 
States on September 11, 2001, have increased the need for safety and 
security measures on U.S. ports and waterways.
    In response to these terrorist acts, and in order to prevent 
similar occurrences,

[[Page 7271]]

the Coast Guard is establishing three temporary security zones in the 
navigable waters of the United States upon the Colorado River in the 
vicinity of, and lands immediately adjacent to, the Hoover, Davis, and 
Glen Canyon Dams. These security zones are necessary to provide for the 
safety and security of the United States of America and the people, 
ports, waterways and properties upon the Colorado River. These security 
zones, prohibiting all vessel traffic from entering, transiting or 
anchoring within the above described areas, and prohibiting all 
unauthorized shore based activities in areas surrounding the waterfront 
structures are necessary for the security and protection of the 
Colorado River Dams. National Park Service officers or employees and 
craft enlisted by the COTP will enforce these zones.
    These security zones are established within the National Park 
System--areas of land and water administered by the National Park 
Service for park, monument, historic, parkway, recreational, or other 
purposes. See 16 U.S.C. 1c. Under 16 U.S.C. 1a-6, National Park Service 
officers or employees, who are designated by the Secretary of Interior 
to maintain law and order and protect persons and property within areas 
of the National Park System, have the authority to enforce this federal 
regulation. Persons and vessels are prohibited from entering into these 
security zones unless authorized by the Captain of the Port or his 
designated representative. Each person and vessel in a security zone 
shall obey any direction or order of the COTP. The COTP may remove any 
person, vessel, article, or thing from a security zone. No person may 
board, take, or place any article or thing on board, any vessel in a 
security zone without the permission of the COTP.
    Pursuant to 33 U.S.C. 1232, any violation of a 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, 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).
    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. Because these security zones are 
established in areas near the Colorado River dams which are seldom 
used, the Coast Guard expects the economic impact of this rule to be so 
minimal that full regulatory evaluation under paragraph 10(e) of the 
regulatory policies and procedures of DOT is unnecessary.

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. The term ``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.
    These security zones will not have a significant impact on a 
substantial number of small entities because these security zones are 
only closing small portions of the navigable waters of the Colorado 
River. Vessels may still continue to transit other portions of the 
Colorado River. In addition, there are no small entities on shore or 
any portions of these security zones. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this temporary final rule will not 
have a significant economic impact on a substantial number of small 
entities.

Assistance for Small Entities

    In accordance with Sec. 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
offers to assist small entities in understanding the rule so that they 
can 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 Rick Sorrell, Chief 
of Port Operations, Marine Safety Office San Diego, at (619) 683-6495.
    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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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.

[[Page 7272]]

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

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 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.T11-049 to read as follows:


Sec. 165.T11-049  Security Zones: Areas surrounding the Hoover Dam, the 
Davis Dam, and the Glen Canyon Dam on the Colorado River.

    (a) Location. Following are the locations of the three security 
zones created by this section: (1) Hoover Dam security zone. This 
security zone will encompass all waters and shoreline areas within the 
boundaries designated by these GPS coordinates: A point at N36.02209 W-
114.75813 (Point A), proceeding east to N36.02209 W-114.73344 (Point 
B), proceeding north to N36.02934 W-114.73343 (Point C), proceeding 
east to N36.02857 W-114.71762 (Point D), proceeding south to N36.01764 
W-114.71764 (Point E), N36.01764 W-114.72212 (Point F), proceeding 
south to N36.01033 W-114.72217 (Point G), proceeding west to N36.01033 
W-114.72666 (Point H), proceeding south to N35.98873 W-114.72660 (Point 
I), proceeding west to N35.98872 W-114.74166 (Point J) proceeding south 
along the east bank of the Colorado River to N35.98557 W-114.74298 
(Point K), proceeding west to N35.985 W-114.751 (Point L), proceeding 
north to N36.006 W-114.750 (Point M), proceeding west to N36.00034 W-
114.75806 (Point N), proceeding north to Point A.
    (2) Davis Dam security zone. This security zone will encompass all 
waters and shoreline areas within the boundaries designated by these 
GPS coordinates : A point at N35.20448 W-114.57940 (Point A), 
proceeding east to N35.20417 W-114.56109 (Point B), proceeding south to 
N35.19692 W-114.56108 (Point C), proceeding east to N35.19693 W-
114.55666 (Point D), proceeding south to N35.18605 W-114.55664 (Point 
E), proceeding west to N35.18604 W-114.56913 (Point F), proceeding 
south to N35.18278 W-114.56899 (Point G), proceeding west to N35.18278 
W-114.58024 (Point H), and then north to Point A.
    (3) Glen Canyon Dam security zone: This security zone will 
encompass all waters and shoreline areas within the boundaries 
designated by these GPS coordinates: A point at N36.56510 W-111.29245 
(Point A), proceeding east to N36.56510 W-111.28843 (Point B), 
proceeding southeast to N36.56294 W-111.28710 (Point C), proceeding 
southeasterly to N36.55899 W-111.28868 (Point D), proceeding west to 
N36.55899 W-111.29171 (Point E), proceeding northwesterly to N36.56294 
W-111.29247 (Point F), the proceeding northwesterly to point A.
    (b) Effective dates. These security zones will be in effect from 12 
midnight (PST) on November 5, 2001 to 12 midnight (PDT) on June 21, 
2002. If the need for these security zones ends before the scheduled 
termination time and date, the Captain of the Port will cease 
enforcement of the security zones and will also announce that fact via 
Broadcast Notice to Mariners and Local Notice to Mariners.
    (c) Regulations. 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 regulation, 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 
regulation. Persons requesting permission to transit through the 
security zones must request authorization to do so from the Captain of 
the Port, who may be contacted at (619) 683-6495 or the United States 
Department of Interior, Bureau of Reclamation, who may be contacted at 
(520) 645-0450 for the Glen Canyon Dam, and (702) 293-8302 for the 
Davis and Hoover Dams.

    Dated: November 4, 2001.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego, 
California.
[FR Doc. 02-3927 Filed 2-15-02; 8:45 am]
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