[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Rules and Regulations]
[Pages 3397-3399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1598]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 03-002]
RIN 2115-AA97


Security Zone; Waters Adjacent to Embarcadero Park and Campbell 
Shipyard, San Diego, 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 Embarcadero Park and Campbell Shipyard, San 
Diego Bay, San Diego, CA. This temporary security zone is necessary to 
ensure the safety of the participants, spectators and users of the 
waterway during the National Football League Super Bowl XXXVII NFL 
Experience event. Persons and vessels are prohibited from entering 
into, transiting through, or anchoring within the security zone unless 
authorized by the Captain of the Port, or his designated 
representative.

DATES: This rule is effective from 8 a.m. (PDT) on January 18, 2003 to 
2 a.m. (PDT) January 27, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket COTP San Diego 03-002 and are available 
for inspection or copying at U.S. Coast Guard Marine Safety Office San 
Diego, CA, 2716 N. Harbor Drive, San Diego, CA 92101, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Petty Officer First Class Jeff Brown, 
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. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Due to the complex planning 
for this event many details were not finalized in time to publish a 
notice of proposed rulemaking. Publishing a NPRM and delaying the 
effective date would be contrary to the public interest since the event 
would occur before the rulemaking process was complete.
    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. In addition to the reasons

[[Page 3398]]

stated above, it would be contrary to the public interest since action 
is needed to ensure the protection of the public and commercial 
structures and individuals near or in this structure during the 
National Football League Super Bowl XXXVII NFL Experience event.

Background and Purpose

    Due to the high profile of the Super Bowl, this action is necessary 
to ensure public safety and prevent sabotage or terrorist acts against 
the public and commercial structures and individuals near or in this 
structure during the NFL Experience event to be held at Embarcadero 
Park and Campbell Shipyard.
    The security zone consists of the navigable waters surrounding 
Embarcadero Park and Campbell Shipyard. The security zone follows along 
the northern portion of the designated channel in this area as to not 
impact traffic in the channel. The exact coordinates can be found in 
the regulatory text.
    The zone will be in effect from 8 a.m. (PDT) on January 18, 2003 to 
2 a.m. (PDT) January 27, 2003.
    Coast Guard and San Diego Harbor Police will patrol and enforce the 
security zone. See 33 CFR 6.04-11, Assistance of other agencies.
    Persons and vessels wishing to enter into or transit through this 
security zone are required to receive authorization by the Captain of 
the Port, or his designated representative.

Regulatory Evaluation

    This 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. 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).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 Super Bowl committee has leased out the entire area affected by 
this Security zone with the exception to the Marriott Marina. The 
owners and operators of this marina will not be prohibited from 
transiting in and out of the marina at their leisure. All vessels will 
be authorized to transit through the zone after receiving permission 
from the Captain of the Port or his designated representative. Any 
vessel transiting through this zone is required to transit at a speed 
of not greater than 5 knots, excluding Coast Guard and Harbor Police 
vessels patrolling the security zone. Before the effective period, 
Marine Safety Office San Diego will issue maritime advisories to users 
of San Diego Bay.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered 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 or if you have 
questions concerning its provisions or options for compliance, please 
contact Petty Officer First Class Jeff Brown, U.S. Coast Guard 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 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 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply,

[[Page 3399]]

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

    The Coast Guard 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), Reporting 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, and 160.5; 49 CFR 1.46.

    2. Add new temporary Sec.  165.T11-040 is added to read as follows:


Sec.  165.T11-040  Security Zone, Waters adjacent to Embarcadero Park 
and Campbell Shipyard, San Diego, CA.

    (a) Location. The security zone consists of the navigable waters 
surrounding Embarcadero Park and Campbell Shipyard. The security zone 
follows along the northern portion of the designated channel in this 
area as to not impact traffic in the channel. The limits of the 
security zone are more specifically defined as the area enclosed by the 
following points: starting on shore at 32[deg] 42'30'' N, 117[deg] 
10'12'' W; then extending southwesterly to 32[deg] 42'34'' N, 117[deg] 
10'22'' W; thence southerly to 32[deg] 42'04'' N, 117[deg] 10'08'' W; 
then southeasterly to 32[deg] 42'09'' N, 117[deg] 09'52'' W; then south 
to 32[deg] 42'04'' N, 117[deg] 09'44'' W, then easterly to a point on 
shore at 32[deg] 42'08'' N, 117[deg] 09'31'' W. All coordinates are 
North American Datum 1983.
    (b) Effective period. The zone will be in effect from 8 a.m. (PDT) 
on January 18, 2003 to 2 a.m. (PDT) January 27, 2003. 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 announce that fact via Broadcast Notice to Mariners.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.33 of this part, entry into, transit through, or anchoring 
within the security zone by all vessels is prohibited, unless 
authorized by the Captain of the Port, or his designated 
representative. The San Diego Harbor Police may assist the Coast Guard 
in the patrol and enforcement of this security zone. Vessels requesting 
transit through the security zone will need to contact the Coast Guard 
patrol boat in the area via VHF-FM channel 16 prior to entering the 
zone. Upon authorization to enter the security zone, any vessel 
transiting through this zone is required to transit at a speed of not 
greater than 5 knots. All Coast Guard and Harbor Police vessels 
patrolling and enforcing the security zone are exempt from the 5 knot 
speed limit. All other general regulations of Sec.  165.33 of this part 
apply in the security zone established by this temporary regulation.

    Dated: January 15, 2003.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego, 
California.
[FR Doc. 03-1598 Filed 1-23-03; 8:45 am]
BILLING CODE 4910-15-P