[Federal Register Volume 67, Number 34 (Wednesday, February 20, 2002)]
[Rules and Regulations]
[Pages 7611-7613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4085]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 01-012]
RIN 2115-AA97


Security Zones; San Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing moving and fixed security 
zones extending 100 yards around all cruise ships and tank ships that 
enter, are moored in, or depart from the San Francisco Bay and Delta 
ports, California. This security zone is needed for national security 
reasons to protect the public and ports from potential subversive acts. 
Entry into these security zones is prohibited, unless specifically 
authorized by the Captain of the Port San Francisco Bay, or his 
designated representative.

DATES: The regulation is effective from 11:59 p.m. PST on December 21, 
2001 to 11:59 p.m. PDT on June 21, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP San Francisco Bay 01-012 and are 
available for inspection or copying at Coast Guard Marine Safety Office 
San Francisco Bay, Coast Guard Island, Alameda, California, 94501, 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing an NPRM. On September 11, 2001, two 
commercial aircraft were hijacked and flown into the World Trade Center 
in New York, New York, inflicting catastrophic human casualties and 
property damage. A similar attack was inflicted upon the Pentagon in 
Arlington, Virginia, while a fourth commercial aircraft was hijacked 
and crashed in rural western Pennsylvania on the same day. National 
security and intelligence officials warn that future terrorist attacks 
against civilian targets may be anticipated. Due to the potential 
catastrophic impact of an attack on cruise ships and tank ships, this 
rulemaking is urgently required to prevent possible terrorist strikes 
against these vessels within San Francisco Bay and Delta ports. The 
delay inherent in the NPRM process is contrary to the public interest 
insofar as it would render cruise ships and tank ships in San Francisco 
and Delta ports vulnerable to subversive activity, sabotage and 
terrorist attack.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

[[Page 7612]]

Background and Purpose

    Based on the September 11, 2001, terrorist hijackings and attacks 
on the World Trade Center in New York, the Pentagon in Arlington, 
Virginia, there is an increased risk that subversive activity could be 
launched by vessels or persons in close proximity to the San Francisco 
Bay and Delta ports, against cruise ships and tank ships entering, 
departing, or moored within the San Francisco Bay and Delta ports. 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, the Coast Guard has established a security zone 
around cruise ships and tank ships to protect persons, transiting 
vessels, adjacent waterfront facilities, and the adjacent land of the 
San Francisco Bay and Delta ports. These security zones are necessary 
to prevent damage or injury to any vessel or waterfront facility, and 
to safeguard ports, harbors, or waters of the United States near the 
San Francisco Bay and Delta, California.
    This zone will be enforced by the official patrol (Coast Guard 
commissioned, warrant or petty officers) onboard Coast Guard vessels 
and patrol craft. The official patrol may also be onboard patrol craft 
and resources of any government agency that has agreed to assist the 
Coast Guard in the performance of its duties. Persons and vessels are 
prohibited from entering into this security zone unless authorized by 
the Captain of the Port (COTP) 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, or 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 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).
    This security zone prohibits all vessels and people from 
approaching cruise ships and tank ships that are underway or moored in 
the San Francisco Bay and Delta ports. Specifically, no vessel or 
person may close to within 100 yards of a cruise ship or tank ship that 
is entering, moored, or departing the San Francisco Bay and Delta 
ports.
    A security zone is automatically activated when a cruise ship or 
tank ship passes a line drawn between San Francisco Main Ship Channel 
buoys 7 and 8 (LLNR 4190 & 4195, positions 37 deg.46.9'N, 
122 deg.35.4'W & 37 deg.46.5'N, 122 deg.35.2'W, respectively) while 
entering port and remains in effect while the vessel is moored within 
in the San Francisco Bay and Delta ports. When activated, this security 
zone will encompass a portion of the waterway described as a 100-yard 
radius around a cruise ship or tank ship in the San Francisco Bay and 
Delta ports. This security zone is automatically deactivated when the 
cruise ship or tank ship passes a line drawn between San Francisco Main 
Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 37 deg.46.9'N, 
122 deg.35.4'W & 37 deg.46.5'N, 122 deg.35.2'W, respectively) on its 
departure from port. Vessels and people may be allowed to enter an 
established security zone on a case-by-case basis with authorization 
from the Captain of the Port.

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).
    The size of the zones are the minimum necessary to provide adequate 
protection for cruise ships and tank ships, their crews, other vessels 
and crews operating in the vicinity of cruise ships and tank ships, 
adjoining areas and the public. These zones will encompass a small 
portion of the waterway for a limited duration. Also, vessels and 
people may be allowed to enter the zones on a case-by-case basis with 
authorization from the Captain of the Port. Any hardships experienced 
by persons or vessels are considered minimal compared to the national 
interest in protecting cruise ships and tank ships, their crews and the 
public.

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. The security zones will not have a significant economic 
impact on a substantial number of small entities for several reasons: 
Small vessel traffic can pass safely around the area and vessels 
engaged in recreational activities, sightseeing and commercial fishing 
have ample space outside of the security zones to engage in these 
activities. When a cruise ship or tank ship is at anchor, vessel 
traffic will have ample room to maneuver around the security zones. 
Small entities and the maritime public will be advised of these 
security zones via public notice to mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer 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 the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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).

[[Page 7613]]

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 under 
that Order and have 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) 
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.

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)(g), of Commandant 
Instruction M16475.lD, this rule 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), Reports 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 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 a new temporary Sec. 165.T11-098 to read as follows:


Sec. 165.T11-098  Security Zones; San Francisco Bay and Delta ports.

    (a) Regulated area. Temporary moving security zones are established 
as a 100-yard radius around all cruise ships and tank ships while 
entering or departing the San Francisco Bay and Delta ports. These 
moving security zones are activated when the cruise ship or tank ship 
passes a line drawn between San Francisco Main Ship Channel buoys 7 and 
8 (LLNR 4190 & 4195, positions 37 deg.46.9'N, 122 deg.35.4'W & 
37 deg.46.5'N, 122 deg.35.2'W, respectively) while entering the Port of 
San Francisco. Temporary fixed security zones are established as a 100 
yard radius around all cruise ships and tank ships docked in the San 
Francisco Bay and Delta ports. This security zone is deactivated when 
the cruise ship or tank ship passes a line drawn between San Francisco 
Main Ship Channel buoys 7 and 8 (LLNR 4190 & 4195, positions 
37 deg.46.9'N, 122 deg.35.4'W & 37 deg.46.5'N, 122 deg.35.2'W, 
respectively) on its departure from the Port of San Francisco.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.33 of this part, the following rules apply to security zones 
established by this section:
    (i) No person or vessel may enter or remain in a security zone 
without the permission of the Captain of the Port;
    (ii) Each person and vessel in a security zone shall obey any 
direction or order of the Captain of the Port;
    (iii) The Captain of the Port may take possession and control of 
any vessel in a security zone;
    (iv) The Captain of the Port may remove any person, vessel, 
article, or thing from a security zone;
    (v) No person may board, or take or place any article or thing on 
board, any vessel in a security zone without the permission of the 
Captain of the Port; and
    (vi) No person may take or place any article or thing upon any 
waterfront facility in a security zone without the permission of the 
Captain of the Port.
    (2) The Captain of the Port will notify the public via published 
notice to mariners.
    (3) Nothing in this section shall be construed as relieving the 
owner or person in charge of any vessel from complying with the rules 
of the road and safe navigation practice.
    (4) The regulations of this section will be enforced by the Captain 
of the Port San Francisco Bay, or his authorized representative.
    (c) Dates. This section becomes effective at 11:59 p.m. PST on 
December 21, 2001, and will terminate at 11:59 p.m. PDT on June 21, 
2002.

    Dated: December 21, 2001.
P. V. Neffenger,
Commander, U.S. Coast Guard, Alternate Captain of the Port, San 
Francisco Bay, California.
[FR Doc. 02-4085 Filed 2-19-02; 8:45 am]
BILLING CODE 4910-15-U