[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Rules and Regulations]
[Pages 3399-3401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1599]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 03-004]
RIN 2115-AA97


Security Zone: Waters Adjacent to National City Marine Terminal, 
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 the National City Marine Terminal, San Diego 
Bay, San Diego, CA. This action is needed to protect the U.S. Naval 
vessel(s) and their crew(s) during a military outload evolution at the 
National City Marine Terminal from sabotage, or other subversive acts, 
accidents, criminal actions or other causes of a similar nature. Entry, 
transit, or anchoring in this zone is prohibited unless authorized by 
the Captain of the Port (COTP) San Diego, or his designated 
representative.

DATES: This rule is effective from 12 p.m. (noon) (PDT) on January 17, 
2003 to 12 p.m. (noon) (PDT) on March 17, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [COTP San Diego 03-004], and are 
available for inspection or copying at U.S. Coast Guard Marine Safety 
Office San Diego, 2716 N. Harbor Dr. San Diego CA, 92101, between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    This action is needed to protect the U.S. Naval vessel(s) and their 
crew(s) during a military outload evolution at the National City Marine 
Terminal 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 operations during a military 
outload in support of Operation Enduring Freedom 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 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM because it is not required in 
this instance. Any delay in implementing this rule would be contrary to 
the public interest since immediate action is necessary to ensure the 
protection of the vessel and their crews during a military outload as 
well as for the public and national security.
    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 complex planning, national security reasons, and 
coordination with all military schedules, information regarding the 
precise location and date of the event necessitating promulgation of 
this security zone and other logistical details surrounding the event 
were not provided until a date fewer than 30 days prior to the event. 
Due to the sensitive nature of the operations involved, it was

[[Page 3400]]

necessary for this information to be finalized at a later date.
    Furthermore, in order to protect the interests of national 
security, the Coast Guard is promulgating this temporary regulation to 
provide safety and security of the U.S. Naval vessel(s) in the 
navigable waters of the United States. As a result, the 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

    This action is needed to protect the U.S. Naval vessel(s) and their 
crew(s) during a military outload evolution at the National City Marine 
Terminal 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 operations during a military 
outload in the area and for the protection of the operations from 
compromise and interference.
    The security zone consists of the navigable waters surrounding the 
National City Marine Terminal and encompassing Sweetwater Channel. The 
limits of this security zone are more specifically defined as the area 
enclosed by the following points: starting on shore at 32[deg] 39'25'' 
N 117[deg] 07'15'' W, then extending northerly to 32[deg] 39'32'' N 
117[deg] 07'16'' W, then extending westerly to 32[deg] 39'29'' N 
117[deg] 07'36'' W, then southerly to 32[deg] 39'05'' N 117[deg] 
07'34'' W, and then easterly to shore at 32[deg] 39'06'' N 117[deg] 
07'14.5'' W. All coordinates are North American Datum 1983.
    This zone will be in effect from 12 p.m. (noon) (PDT) on January 
17, 2003 to 12 p.m. (noon) (PDT) on March 17, 2003.
    The security zone will be enforced by Coast Guard patrol craft and 
San Diego Harbor Police as enlisted by the COTP. See 33 CFR 6.04-11, 
Assistance of other agencies.
    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.
    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 he penalties set forth in 50 U.S.C. 192 which include 
seizure and forfeiture of the vessel, a monetary penalty of not more 
than $12,500, and imprisonment for not more than 10 years.

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).
    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 the U.S. Naval vessel(s), their crew(s), 
adjoining areas, and the public. Most of the entities likely to be 
affected 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 vessel(s), their crew(s), and the public. Accordingly, full 
regulatory evaluation under paragraph 10 (e) of the regulatory policies 
and procedures of the DOT is unnecessary.

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 Coast Guard coordinated with known private business 
owners in an effort to reduce any substantial impact on business.

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 may 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 Lieutenant Commander Rick Sorrell, Chief of Port Operations, 
U.S. Coast Guard Marine 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 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 3401]]

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 because we are establishing a security 
zone. A ``Categorical Exclusion Determination'' and checklist are 
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.T11-042 is added to read as follows:


Sec.  165.T11-042  Security Zone; National City Marine Terminal, San 
Diego, CA.

    (a) Location. The security zone consists of the navigable waters 
surrounding the National City Marine Terminal and encompassing 
Sweetwater Channel. The limits of this security zone are more 
specifically defined as the area enclosed by the following points: 
starting on shore at 32[deg]39'25'' N 117[deg]07'15'' W, then extending 
northerly to 32[deg]39'32'' N 117[deg]07'16'' W, then extending 
westerly to 32[deg]39'29'' N 117[deg]07'36'' W, then southerly to 
32[deg]39'05'' N 117[deg]07'34'' W, and then easterly to shore at 
32[deg]39'06'' N 117[deg]07'14.5'' W. All coordinates are North 
American Datum 1983.
    (b) Effective dates. This security zone will be in effect from 12 
p.m. (noon) (PDT) on January 17, 2003 to 12 p.m. (noon) (PDT) on March 
17, 2003.
    (c) Enforcement. This security zone is necessary to protect a 
military outload evolution which directly impacts national security. 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.
    (d) 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. All other general regulations of Sec.  165.33 of this 
part apply in the security zone established by this section.
    (e) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of this security zone by the San Diego Harbor Police.

    Dated: January 15, 2003.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego, 
California.
[FR Doc. 03-1599 Filed 1-23-03; 8:45 am]
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