[Federal Register Volume 71, Number 56 (Thursday, March 23, 2006)]
[Rules and Regulations]
[Pages 14645-14648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2783]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP San Francisco Bay 06-008]
RIN 1625-AA87


Security Zone; San Francisco Bay-Brooklyn Basin, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary fixed security 
zone surrounding a portion of Coast Guard Island within the navigable 
waters of the Brooklyn Basin during an official change of command 
ceremony. This security zone is needed for national security reasons to 
protect the ceremony participants and guests from potential subversive 
acts. Entry into this security zone is prohibited, unless specifically 
authorized by the Captain of the Port San Francisco, or his designated 
representative.

[[Page 14646]]


DATES: This rule is effective from 8:30 a.m. on March 31, 2006 to 12 
p.m. on March 31, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP San Francisco 06-008 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 Ian Callander, Waterways 
Safety Branch, U.S. Coast Guard Sector San Francisco at (415) 556-2950 
extension 142, or the 24 hour Command Center at (415) 399-3547.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Based on the military function exception to the 
Administrative Procedure Act, 5 U.S.C. 553(a)(1), notice and comment 
rulemaking under 5 U.S.C. 553(b) and an effective date of 30 days after 
publication under 5 U.S.C. 553(d) are not required for this temporary 
final rule.

Background and Purpose

    In its effort to thwart terrorist activity, the Coast Guard has 
increased safety and security measures on U.S. ports and waterways. 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.
    High ranking Coast Guard and government officials will be 
conducting and attending an official change of command ceremony on 
Coast Guard Island. Therefore, to address the aforementioned security 
concerns, and to take steps to prevent subversive acts against Coast 
Guard facilities, personnel, and high ranking government officials, the 
Coast Guard is establishing a security zone around a portion of Coast 
Guard Island during the ceremony. Due to these heightened security 
concerns, and the catastrophic impact an attack would have on the Coast 
Guard facilities, personnel, and its mission, establishment of a 
security zone for this event is a prudent action.

Discussion of Rule

    The security zone will encompass all waters, extending from the 
surface to the sea floor, from 37[deg]46[min]53[sec] N, 
122[deg]15[min]05[sec] W southward to 37[deg]46[min]51[sec] N, 
122[deg]15[min]07[sec] W, thence westward to 37[deg]47[min]00[sec] N, 
122[deg]15[min]21[sec] W, thence northward to 37[deg]47[min]07[sec] N, 
122[deg]15[min]13[sec] W, thence eastward along the shoreline of Coast 
Guard Island back to the beginning. Vessels and people may be allowed 
to enter an established security zone on a case-by-case basis with 
authorization from the Captain of the Port, or his designated 
representative. Vessels or persons violating this section will be 
subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
    The Captain of the Port will enforce this zone and may enlist the 
aid and cooperation of any Federal, State, county, municipal, and 
private agency to assist in the enforcement of the regulation.

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).
    Although this regulation restricts access to a portion of navigable 
waters, the effect of this regulation will not be significant because: 
(i) The zone encompasses only a small portion of the waterway; (ii) 
vessels are able to pass safely around the zone; and (iii) vessels may 
be allowed to enter this zone on a case-by-case basis with permission 
of the Captain of the Port, or his designated representative.
    The size of the zone is the minimum necessary to provide adequate 
protection for Coast Guard facilities, personnel, and government 
officials attending the ceremony. The entities most likely to be 
affected are pleasure craft engaged in recreational activities and 
sightseeing.

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, intending to fish, sightsee, 
transit, or anchor in the waters affected by this security zone. This 
security zone will not have a significant economic impact on a 
substantial number of small entities for several reasons: small vessel 
traffic will be able to pass safely around the area and vessels engaged 
in recreational activities, sightseeing and recreational fishing have 
ample space outside of the security zone to engage in these activities. 
Small entities and the maritime public will be advised of this security 
zone via public notice to mariners.

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 the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Ian Callander, 
Waterways Safety Branch, U.S. Coast Guard Sector San Francisco at (415) 
556-2950 extension 142, or the 24 hour Command Center at (415) 399-
3547.
    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).

[[Page 14647]]

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments or 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 M16475.1D, 
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 Instruction, from further 
environmental documentation because we are establishing a security 
zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where located 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.T11-073, to read as follows:


Sec.  165.T11-073  Security Zone; San Francisco Bay-Brooklyn Basin, 
California.

    (a) Definitions. As used in this section--
    (1) Coast Guard Patrol Commander means a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
Commander, Coast Guard Sector San Francisco.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector San Francisco with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (b) Locations. The following area is a security zone:
    (1) San Francisco Bay. All waters extending from the surface to the 
sea floor, from 37[deg]46'53'' N, 122[deg]15'05'' W southward to 
37[deg]46'51'' N, 122[deg]15'07'' W, thence westward to 37[deg]47'00'' 
N, 122[deg]15'21'' W, thence northward to 37[deg]47'07'' N, 
122[deg]15'13'' W, thence eastward along the shoreline of Coast Guard 
Island back to the beginning.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33 of this part, entry into this security zone is prohibited, 
unless specifically authorized by the Captain of the Port San 
Francisco, 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.
    (d) Enforcement. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port, or the designated 
on-scene patrol personnel. Patrol personnel comprise commissioned, 
warrant, and petty officers of the Coast Guard onboard Coast Guard, 
Coast Guard Auxiliary, local, state, and federal law enforcement 
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by 
siren, radio, flashing light, or other means, the operator of a vessel 
shall

[[Page 14648]]

proceed as directed. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of these security zones by local law enforcement as 
necessary.
    (e) Effective period. This section becomes effective at 8:30 a.m. 
on March 31, 2006, and will terminate at 12 p.m. on March 31, 2006.

    Dated: March 10, 2006.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco, 
California.
[FR Doc. 06-2783 Filed 3-22-06; 8:45 am]
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