[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Rules and Regulations]
[Pages 12136-12138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2257]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 05-007]
RIN 1625-AA87


Security Zones; San Francisco Bay, San Pablo Bay, Carquinez 
Strait, Suisun Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing permanent fixed security zones 
in the U.S. navigable waters extending approximately 100 yards around 
six separate oil refinery piers in the San Francisco Bay area. These 
security zones are an integral part of the Coast Guard's efforts to 
protect these facilities and the surrounding areas from destruction or 
damage due to accidents, subversive acts, or other causes of a similar 
nature. Entry into the zones is prohibited, unless specifically 
authorized by the Captain of the Port (COTP) San Francisco Bay, or his 
designated representative. These zones will be subject to discretionary 
and random patrol and monitoring by Coast Guard, Federal, state and 
local law enforcement assets.

DATES: This rule is effective April 10, 2006.

ADDRESSES: Documents indicated in this preamble, as being available in 
the docket, are part of docket COTP San Francisco Bay 05-007 and are 
available for inspection or copying at the Waterways Safety Branch 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer 
Green, Waterways Safety Branch, U.S. Coast Guard Sector San Francisco, 
(510) 437-5873 or the Sector San Francisco Command Center at (415) 399-
3547.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On September 22, 2005 we published a notice of proposed rulemaking 
(NPRM) entitled, Security Zones; San Francisco Bay, San Pablo Bay, 
Carquinez Strait, Suisun Bay, CA, in the Federal Register (70 FR 
55607). We received no letters commenting on the proposed rule. No 
public hearing was requested, and none was held. On September 22, 2005 
we also published a temporary final rule (TFR) in the Federal Register 
(70 FR 55536) establishing temporary fixed security zones in the waters 
extending approximately 100 yards around six separate oil refinery 
piers in the San Francisco Bay area, effective from 11:59 p.m. PDT on 
September 9, 2005, to 11:59 p.m. PST on March 31, 2006.

Background and Purpose

    As part of the Diplomatic Security and Antiterrorism Act of 1986 
(Pub. L. 99-399), Congress amended section 7 of the Ports and Waterways 
Safety Act (PWSA), 33 U.S.C. 1226, 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. The Coast Guard also has authority 
to establish security zones pursuant to the Act of June 15, 1917, as 
amended by the Magnuson Act of August 9, 1950 (50 U.S.C. 191 et seq.) 
and implementing regulations promulgated by the President in subparts 
6.01 and 6.04 of part 6 of title 33 of the Code of Federal Regulations.
    To address the aforementioned security concerns, and to take steps 
to prevent the catastrophic impact that a terrorist attack against an 
oil facility pier would have on the public and the environment, the 
Coast Guard is establishing permanent security zones in the waters 
extending approximately 100 yards around six separate oil refinery 
piers. These zones are necessary to protect the people, ports, 
waterways, and properties of San Francisco Bay, San Pablo Bay, 
Carquinez Strait, and Suisun Bay areas.

Discussion of Comments and Changes

    The Coast Guard received no comments on the proposed rule and has 
not changed the regulations from those proposed in the published NPRM.

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 Homeland 
Security (DHS).
    We expect the impact of this rule to be so minimal that a full 
regulatory evaluation under the regulatory policies and procedures of 
DHS is unnecessary. Although this rule restricts access to the waters 
encompassed by the security zones, the effect of this rule is not

[[Page 12137]]

significant because: (i) The zones encompass only small portions of the 
waterways; (ii) vessels are able to pass safely around the zones; and 
(iii) vessels may be allowed to enter these zones on a case-by-case 
basis with permission of the Captain of the Port or his designated 
representative.
    The size of the zones is the minimum necessary to provide adequate 
protection for the oil refinery piers, vessels engaged in operations at 
the oil facility piers, their crews, other vessels operating in the 
vicinity, 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. We expect this rule may affect owners and operators of 
vessels, some of which may be small entities: Owners and operators of 
private vessels intending to fish or sightsee near the oil refinery 
piers.
    These security zones will not have a significant economic impact on 
a substantial number of small entities for several reasons: (i) Vessel 
traffic will be able to pass safely around the security zones, (ii) 
vessels engaged in recreational activities, sightseeing and commercial 
fishing have ample space outside of the security zones to engage in 
these activities, (iii) and vessels may receive authorization to 
transit through the zones by the Captain of the Port or his designated 
representative on a case-by-case basis. In addition to publication in 
the Federal Register, 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 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.
    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 affect 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the

[[Page 12138]]

Instruction, from further environmental documentation because we are 
establishing a security zone.
    An ``Environmental Analysis Check List'' and a ``Categorical 
Exclusion Determination'' (CED) will be available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.1197, to read as follows:


Sec.  165.1197  Security Zones; San Francisco Bay, San Pablo Bay, 
Carquinez Strait, Suisun Bay, California.

    (a) Locations. The following areas are security zones:
    (1) Chevron Long Wharf, San Francisco Bay. This security zone 
includes all waters extending from the surface to the sea floor within 
approximately 100 yards of the Chevron Long Wharf, Richmond, CA, and 
encompasses all waters in San Francisco Bay within a line connecting 
the following geographical positions--

 
                Latitude                             Longitude
 
37[deg]55'52.2'' N                        122[deg]24'04.7'' W
37[deg]55'41.8'' N                        122[deg]24'07.1'' W
37[deg]55'26.8'' N                        122[deg]24'35.9'' W
37[deg]55'47.1'' N                        122[deg]24'55.5'' W
37[deg]55'42.9'' N                        122[deg]25'03.5'' W
37[deg]55'11.2'' N                        122[deg]24'32.8'' W
37[deg]55'14.4'' N                        122[deg]24'27.5'' W
37[deg]55'19.7'' N                        122[deg]24'23.7'' W
37[deg]55'22.2'' N                        122[deg]24'26.2'' W
37[deg]55'38.5'' N                        122[deg]23'56.9'' W
37[deg]55'47.8'' N                        122[deg]23'53.3'' W
 


and along the shoreline back to the beginning point.
    (2) Conoco-Phillips, San Pablo Bay. This security zone includes all 
waters extending from the surface to the sea floor within approximately 
100 yards of the Conoco-Phillips Wharf, Rodeo, CA, and encompasses all 
waters in San Pablo Bay within a line connecting the following 
geographical positions--

 
                Latitude                             Longitude
 
38[deg]03'06.0'' N                        122[deg]15'32.4'' W
38[deg]03'20.7'' N                        122[deg]15'35.8'' W
38[deg]03'21.8'' N                        122[deg]15'29.8'' W
38[deg]03'29.1'' N                        122[deg]15'31.8'' W
38[deg]03'23.8'' N                        122[deg]15'55.8'' W
38[deg]03'16.8'' N                        122[deg]15'53.2'' W
38[deg]03'18.6'' N                        122[deg]15'45.2'' W
38[deg]03'04.0'' N                        122[deg]15'42.0'' W
 


and along the shoreline back to the beginning point.
    (3) Shell Terminal, Carquinez Strait. This security zone includes 
all waters extending from the surface to the sea floor within 
approximately 100 yards of the Shell Terminal, Martinez, CA, and 
encompasses all waters in San Pablo Bay within a line connecting the 
following geographical positions--

 
                Latitude                             Longitude
 
38[deg]01'39.8'' N                        122[deg]07'40.3'' W
38[deg]01'54.0'' N                        122[deg]07'43.0'' W
38[deg]01'56.9'' N                        122[deg]07'37.9'' W
38[deg]02'02.7'' N                        122[deg]07'42.6'' W
38[deg]01'49.5'' N                        122[deg]08'08.7'' W
38[deg]01'43.7'' N                        122[deg]08'04.2'' W
38[deg]01'50.1'' N                        122[deg]07'50.5'' W
38[deg]01'36.3'' N                        122[deg]07'47.6'' W
 


and along the shoreline back to the beginning point.
    (4) Amorco Pier, Carquinez Strait. This security zone includes all 
waters extending from the surface to the sea floor within approximately 
100 yards of the Amorco Pier, Martinez, CA, and encompasses all waters 
in the Carquinez Strait within a line connecting the following 
geographical positions--

 
                Latitude                             Longitude
 
38[deg]02'03.1'' N                        122[deg]07'11.9'' W
38[deg]02'05.6'' N                        122[deg]07'18.9'' W
38[deg]02'07.9'' N                        122[deg]07'14.9'' W
38[deg]02'13.0'' N                        122[deg]07'19.4'' W
38[deg]02'05.7'' N                        122[deg]07'35.9'' W
38[deg]02'00.5'' N                        122[deg]07'31.1'' W
38[deg]02'01.8'' N                        122[deg]07'27.3'' W
38[deg]01'55.0'' N                        122[deg]07'11.0'' W
 


and along the shoreline back to the beginning point.
    (5) Valero, Carquinez Strait. This security zone includes all 
waters extending from the surface to the sea floor within approximately 
100 yards of the Valero Pier, Benicia, CA, and encompasses all waters 
in the Carquinez Strait within a line connecting the following 
geographical positions--

 
                Latitude                             Longitude
 
38[deg]02'37.6'' N                        122[deg]07'51.5'' W
38[deg]02'34.7'' N                        122[deg]07'48.9'' W
38[deg]02'44.1'' N                        122[deg]07'34.9'' W
38[deg]02'48.0'' N                        122[deg]07'37.9'' W
38[deg]02'47.7'' N                        122[deg]07'42.1'' W
 


and along the shoreline back to the beginning point.
    (6) Avon Pier, Suisun Bay. This security zone includes all waters 
extending from the surface to the sea floor within approximately 100 
yards of the Avon Pier, Martinez, CA, and encompasses all waters in 
Suisun Bay within a line connecting the following geographical 
positions--

 
                Latitude                             Longitude
 
38[deg]02'24.6'' N                        122[deg]04'52.9'' W
38[deg]02'54.0'' N                        122[deg]05'19.5'' W
38[deg]02'55.8'' N                        122[deg]05'16.1'' W
38[deg]03'02.1'' N                        122[deg]05'19.4'' W
38[deg]02'55.1'' N                        122[deg]05'42.6'' W
38[deg]02'48.8'' N                        122[deg]05'39.2'' W
38[deg]02'52.4'' N                        122[deg]05'27.7'' W
38[deg]02'46.5'' N                        122[deg]05'22.4'' W
 


and along the shoreline back to the beginning point.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33, entry into the security zones described in paragraph (a) 
of this section is prohibited, unless specifically authorized by the 
Captain of the Port San Francisco Bay, or his designated 
representative.
    (2) Persons desiring to transit the area of a security zone may 
contact the Captain of the Port at telephone number 415-399-3547 or on 
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area. 
If permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port or his designated 
representative.
    (c) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of these security zones by federal, state and local law 
enforcement as necessary.

    Dated: February 17, 2006.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco Bay, 
California.
[FR Doc. 06-2257 Filed 3-8-06; 8:45 am]
BILLING CODE 4910-15-P