[Federal Register Volume 67, Number 40 (Thursday, February 28, 2002)]
[Rules and Regulations]
[Pages 9205-9207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4847]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay-01-010]
RIN 2115-AA97


Security Zone; San Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone in 
the navigable waters of the United States adjacent to Yerba Buena 
Island. The need for this security zone is based on recent terrorist 
actions against the United States. The security zone will prohibit all 
persons and vessels from entering, transiting through or anchoring 
within a portion of the San Francisco Bay surrounding United States 
Coast Guard property on Yerba Buena Island, San Francisco, California 
unless authorized by the Captain of the Port, or his designated 
representative.

DATES: This security zone will be in effect from 5 p.m. (PDT) on 
October 9, 2001 to 4:59 p.m. (PDT) June 9, 2002.

ADDRESSES: 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 Francisco Bay-01-010, and are available for 
inspection or copying at U.S. Coast Guard Marine Safety Office, San 
Francisco Bay, Coast Guard Island, Alameda, CA 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. 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.
    Due to the recent terrorist attack on the United States, a 
heightened level of security has been established concerning all 
vessels entering navigable waters of the United States. As a result, 
this security zone is needed to protect the United States and more 
specifically the people, ports, waterways, and properties of the San 
Francisco Bay area. The incidents necessitating this security zone did 
not allow a 30-day period for publication prior to the issuance of this 
temporary regulation. Publishing an NPRM and delaying the effective 
date would be contrary to national security.

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. Vessels 
operating near the United States Coast Guard property on Yerba Buena 
Island, San Francisco, California present possible hindrances or 
dangers to government emergency response resources.
    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, the Coast 
Guard is establishing a temporary security zone in the navigable waters 
of the United States surrounding the United States Coast Guard property 
on Yerba Buena Island, San Francisco, California. The zone will be in 
effect from 5:00 p.m. (PDT) on October 9, 2001 to 4:59 p.m. (PDT) on 
June 9, 2002.
    This temporary security zone is necessary to provide for the safety 
and security of the United States of America and the people, ports, 
waterways and properties within the San Francisco Bay area. The 
security zone will be enforced

[[Page 9206]]

by Coast Guard patrol craft or any patrol craft enlisted by the COTP.
    Persons and vessels are prohibited from entering into or transiting 
through this security zone 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, or take or place any article or thing on board, 
any vessel in a security zone without the permission of the COTP.
    Any violation of either security zone described herein, is 
punishable by, among other things, 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 
12 years and a fine of not more than $250,000), in rem liability 
against the offending vessel, and license sanctions.

Regulatory Evaluation

    This temporary final rule is not a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866 and does not 
require an assessment of potential costs and benefits under section 6 
(a)(3) of that Order. It has not been reviewed by the Office of 
Management and Budget 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. Vessels will receive authorization to transit into San 
Francisco Bay by the Captain of the Port on a case-by-case basis. As a 
result, 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. Sec. 601-612), the 
Coast Guard considered whether this rule would have a significant 
economic impact on a substantial number of small entities. ``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.
    This security zone will not have a significant impact on a 
substantial number of small entities because although the security zone 
will occupy the entire entrance of San Francisco Bay, vessels will 
receive authorization to transit into San Francisco Bay by the Captain 
of the Port on a case-by-case basis. Therefore, the Coast Guard 
certifies under section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) that this temporary final rule will not have a 
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 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 could 
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 Ross Sargent, U.S. Coast Guard 
Marine Office San Francisco Bay at (510) 437-3073.
    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 temporary final rule does not provide for a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

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.

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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation, because we are establishing a security 
zone. 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:

[[Page 9207]]

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 temporary Sec. 165.T11-096 to read as follows:


Sec. 165.T11-096  Security Zone; Navigable Waters of the United States 
Surrounding United States Coast Guard property on Yerba Buena Island, 
San Francisco, CA.

    (a) Location. The security zone will encompass navigable waters 
surrounding United States Coast Guard property on Yerba Buena Island, 
San Francisco, California, bounded by the following coordinates: 
latitude 37 deg. 48.464'N and longitude 122 deg. 21.870'W; thence to 
37 deg. 48.413'N and longitude 122 deg. 21.873'W; thence to 37 deg. 
48.384'N and longitude 122 deg. 21.723'W; thence to 37 deg. 48.463'N 
and longitude 122 deg. 21.607'W; thence to 37 deg. 48.664'N and 
longitude 122 deg. 21.555'W; thence to 37 deg. 48.820'N and longitude 
122 deg. 21.559'W, and along the shoreline back to the beginning point.
    (b) Effective dates. This section will be in effect from 5 p.m. 
(PDT) on October 9, 2001 to 4:59 p.m. (PDT) on June 9, 2002. If the 
need for the security zone ends before the scheduled termination time, 
the Captain of the Port will cease enforcement of this security zone 
and will also announce that fact via Broadcast 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.

    Dated: October 9, 2001.
L.L. Hereth,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay, 
California.
[FR Doc. 02-4847 Filed 2-27-02; 8:45 am]
BILLING CODE 4910-15-P