[Federal Register Volume 73, Number 125 (Friday, June 27, 2008)]
[Rules and Regulations]
[Pages 36431-36433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14613]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0569]
RIN 1625-AA87


Security Zone; Waters Adjacent 10th Avenue Marine Terminal, San 
Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone in 
the waters adjacent to the 10th Avenue Marine Terminal, San Diego Bay, 
San Diego, CA. This action is needed to protect the U.S. Naval vessels, 
their crews and the public during a military out load evolution 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 San Diego, or 
his designated representative.

DATES: This rule is effective from 7 a.m. on June 25, 2008, to 7 p.m. 
on June 28, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of Docket No. 2008-0569 and are available for 
inspection or copying at Coast Guard Sector San Diego, 2710 N. Harbor 
Drive, San Diego, CA 92101-1064 between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Eric Carroll, 
Waterways Management, Coast Guard Sector San Diego, at telephone (619) 
278-7268.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Based on the military function exception set forth in the 
Administrative Procedure Act, 5 U.S.C. 553(a)(1), notice-and-comment 
rulemaking and advance publication, pursuant to 5 U.S.C. 553(b) and 
(d), are not required for this regulation. In addition, even if an NPRM 
were otherwise required, under 5 U.S.C. 553(b)(B), the Coast Guard 
finds that good cause exists for not publishing an NPRM. Under 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. It would be contrary to public interest to delay the 
effective date of this temporary rule.

Background and Purpose

    The U.S. Military Surface Deployment and Distribution Command 
notified the Coast Guard concerning military out load operations at the 
Port of San Diego's Tenth Avenue Marine Terminal for the dates given. 
This temporary security zone is needed to protect the U.S. Naval 
vessels and their crews for the duration of the evolution of military 
out load operations.

Discussion of Rule

    The security zone generally consists of the navigable waters 
surrounding the 10th Avenue Marine Terminal. The limits of this 
security zone are more specifically defined as the area enclosed by the 
following points: starting on shore at 32[deg]42'15'' N 117[deg]09'39'' 
W, then extending southwesterly to 32[deg]42'02'' N 117[deg]09'51'' W, 
then southeasterly to 32[deg]41'43'' N 117[deg]09'25'' W, northeasterly 
to shore at 32[deg]41'47'' N 117[deg]09'20'' W and then along the 
shoreline to starting point.
    The security zone will be enforced by Coast Guard patrol craft and 
San Diego Harbor Police as authorized by the Captain of the Port San 
Diego (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.

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.
    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 vessels, their crews, 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 vessels, 
their crews 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.

[[Page 36432]]

    This rule will affect the following entities, some of which may be 
small entities: The owners and operators of vessels intending to 
transit or anchor in the portion of San Diego Bay south of Harbor 
Island from 7 a.m. on June 25, 2008, to 7 p.m. on June 28, 2008. 
However, these security zones will not have a significant economic 
impact on a substantial number of small entities because these zones 
are limited in scope and duration. In addition, the Coast Guard will 
issue broadcast notice to mariners (BNM) alerts via VHF-FM marine 
channel 16 before the security zone is enforced.

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 and you have 
questions concerning its provisions or options for compliance, please 
contact Chief Petty Officer Eric Carroll, Waterways Management, Sector 
San Diego at (619) 278-7268.
    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.

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 
and Department of Security Management Directive 5100.1, which guide 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 Checklist'' and a final 
``Categorical Exclusion Determination'' are 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, 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. Section 165.T11-063 is added to read as follows:

[[Page 36433]]

Section 165.T11-063  Security Zone; Waters Adjacent 10th Avenue Marine 
Terminal, San Diego, CA

    (a) Location. The security zone consists of the navigable waters 
surrounding the 10th Avenue Marine Terminal. The limits of this 
security zone are more specifically defined as the area enclosed by the 
following points: Starting on shore at 32[deg]42'15'' N 117[deg]09'39'' 
W, then extending southwesterly to 32[deg]42'02'' N 117[deg]09'51'' W, 
then southeasterly to 32[deg]41'43'' N 117[deg]09'25'' W, northeasterly 
to shore at 32[deg]41'47'' N 117[deg]09'20'' W and then along the 
shoreline to starting point.
    (b) Effective period. This section will be in effect from 7 a.m. on 
June 25, 2008, to 7 p.m. on June 28, 2008. If the need for the security 
zone ends before the scheduled termination time, the Captain of the 
Port San Diego 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 described in paragraph (a) of this section 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.
    (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 can be comprised of 
commissioned, warrant, and petty officers of the Coast Guard onboard 
Coast Guard, 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 proceed 
as directed. The U.S. Coast Guard may be assisted in the patrol and 
enforcement of this security zone by the San Diego Harbor Police.

    Dated: June 18, 2008.
C.V. Strangfeld,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E8-14613 Filed 6-26-08; 8:45 am]
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