[Federal Register Volume 67, Number 59 (Wednesday, March 27, 2002)]
[Rules and Regulations]
[Pages 14641-14643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7355]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 02-004]
RIN 2115-AA97


Security Zone; Operation Native Atlas 2002, Waters Adjacent to 
Camp Pendleton, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone in 
the waters adjacent to Camp Pendleton, California. This action is taken 
at the request of the United States Navy and is needed to safeguard 
U.S. Naval vessels and property from sabotage or other subversive acts, 
accidents, criminal actions or other causes of a similar nature. Entry 
into this zone is prohibited unless authorized by the Captain of the 
Port (COTP) San Diego, or his designated representative.
    In addition, the U.S. Navy will be installing 1260 feet of elevated 
causeway pier (ELCAS) at Red Beach, and conducting Offshore Petroleum 
Discharge System (OPDS) operations offshore from Red Beach. Both 
operations present a significant hazard to vessel's transiting within 
the zone.

DATES: This rule is effective from 12:01 a.m. (PDT) on March 22, 2002, 
to 11:59 p.m. (PDT) on April 15, 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 02-004, 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 Commander Rick Sorrell, 
Chief of Port Operations, Marine Safety Office San Diego, at (619) 683-
6495.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard recently issued a similar temporary final rule 
under docket COTP San Diego 02-001, and published that rule in the 
Federal Register on February 22, 2002 (67 FR 8197). Also on February 
22, 2002, because the exercise was postponed, the Captain of the Port 
ceased enforcement of that security zone and announced that fact via 
Broadcast Notice to Mariners and Local Notice to Mariners.
    This rulemaking action was taken at the request of the United 
States Navy and is considered necessary to safeguard U.S. Naval vessels 
and property from sabotage or other subversive acts, accidents, 
criminal actions, or other causes of a similar nature. This temporary 
security zone is necessary for protection of the public from the 
hazards of upcoming Naval operations in support of Operation Native 
Atlas 2002 in the area and for the protection of the operations from 
compromise and interference.
    We did not publish a notice of proposed rulemaking (NPRM) for this 
temporary 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 complex planning, national security 
reasons, and the coordination involved with Naval scheduling, final 
details for the Operation Native Atlas 2002 were not provided to the 
Coast Guard in time to draft and publish a NPRM or a final rule 30 days 
in advance of its effective date. Any delay in implementing this rule 
would be contrary to the public interest since immediate action is 
necessary to ensure the protection of the Naval vessels, their crew and 
national security.
    Furthermore, in order to protect the interests of national 
security, the Coast Guard is promulgating this temporary regulation to 
provide for the safety and security of U.S. Naval vessels in the 
navigable waters of the United States. As a result, the establishment 
and enforcement of this security zone is a function directly involved 
in, and necessary to military operations. Accordingly, based on the 
military function exception set forth in the Administrative Procedure 
Act, 5 U.S.C. 553(a)(1), notice and comment rule-making and advance 
publication, pursuant to 5 U.S.C. 553(b) and (d), are not required for 
this regulation.

Background and Purpose

    United States Navy officials have requested that the Captain of the 
Port, San Diego, California establish a temporary security zone in the 
area of Camp Pendleton, California. This request was made to improve 
security of Naval facilities and operations at this location and to 
protect the public from hazardous operations. Several hazardous or 
classified Naval operations, including activities related to Operation 
Native Atlas 2002 will be conducted near this location that are vital 
to national security and require protection of the public or protection 
of the operation from compromise and interference. The Captain of the 
Port concurs with the need for this security zone. The security zone is 
needed to protect persons and property from sabotage or other 
subversive acts, accidents, criminal actions, or other causes of a 
similar nature, and to secure the interests of the United States.
    This security zone is necessary to provide for the safety and 
security of the United States of America. This security zone, 
prohibiting all vessel traffic from entering, transiting or anchoring 
within the areas defined by the security zone, is necessary for the 
security and protection of national assets. U.S. Navy personnel and 
U.S. Coast Guard vessels will enforce this zone.
    Persons and vessels are prohibited from entering into 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.

[[Page 14642]]

    This security zone is established pursuant to the authority of The 
Magnuson Act regulations promulgated by the President under 50 U.S.C. 
191, including Subparts 6.01 and 6.04 of Part 6 of Title 33 of the Code 
of Federal Regulations. Vessels or persons violating this section are 
subject to the penalties set forth in 50 U.S.C. 192: seizure and 
forfeiture of the vessel, a monetary penalty of not more than $10,000, 
and imprisonment for not more than 10 years.

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 national security interests, the implementation of this 
security zone is necessary for the protection of the United States and 
its people. The size of the zone is the minimum necessary to provide 
adequate protection for U.S. Naval vessels, their crews, adjoining 
areas, and the public. The entities most likely to be affected, if any, 
are pleasure craft engaged in recreational activities and sightseeing. 
Any hardships experienced by persons or vessels are considered minimal 
compared to the national interest in protecting U.S. Naval vessels, 
their crews, and the public.

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.
    This security zone 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 adjacent to Camp 
Pendleton, California. In addition, there are no small entities 
shoreward of the security zone. For these reasons, and the ones 
discussed in the previous section, 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 Lt 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.

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 a security zone, is 
categorically excluded from further environmental documentation. A 
``Categorical Exclusion Determination'' is available in the docket for 
inspection

[[Page 14643]]

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.T11-036 to read as follows:


Sec. 165.T11-036  Security Zone: Waters Adjacent to Camp Pendleton, 
California

    (a) Location. The following area is a security zone: All waters and 
shoreline areas within the following boundaries: A point on the shore 
at 33 deg.-15'30" N, 117 deg.-26'14"- W (Point A); proceeding westward 
to 33 deg.-15'24" N, 117 deg.-30'45" W (Point B); then north westward 
to 33 deg.-18'30" N, 117 deg.32'55" W (Point C); then eastward to the 
shore at 33 deg.-18'42" N, 117 deg.-29'00" W (Point D); thence along 
the shoreline to the point of beginning.
    (b) Effective dates. This security zone will be in effect from 
12:01 a.m. (PDT) on March 22, 2002, to 11:59 p.m. (PST) on April 15, 
2002. If the need for this security zone 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. Mariners 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 U.S. Navy Force 
Security Officer (FSO), who may be reached during normal working hours 
at (619) 437-9828. After normal working hours the FSO can be reached at 
(619) 437-9480.
    (d) The U.S. Navy may assist the U.S. Coast Guard in the patrol and 
enforcement of this security zone.

    Dated: March 15, 2002.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego, 
California.
[FR Doc. 02-7355 Filed 3-26-02; 8:45 am]
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