[Federal Register Volume 74, Number 27 (Wednesday, February 11, 2009)]
[Proposed Rules]
[Pages 6842-6844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2879]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1016]
RIN 1625-AA87


Security Zone; Naval Base Point Loma; San Diego Bay, San Diego, 
CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the expansion of a naval security 
zone. This action would expand an existing security zone, which in 
doing so would encompass a nearby security zone in its entirety. The 
subsumed security zone would be removed. This action also proposes the 
installation of water barriers within the expanded security zone. These 
water borne barriers will provide a line of demarcation and a defensive 
measure as a safeguard from destruction, loss, or injury from sabotage 
or other subversive acts, accidents, or other causes of a similar 
nature. No persons or vessel may enter or remain in the security zone 
without the permission of the Captain of the Port, the Commander of 
Naval Base Point Loma, the Commander of Naval Region Southwest, or a 
designated representative of those individuals.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before March 13, 
2009 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2008-1016 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these methods. For 
instructions on submitting comments, see the ``Public Participation and 
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section 
below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Lieutenant Commander Mike Dolan, USCG, Waterways Management, 
U.S. Coast Guard Sector San Diego at 619-278-7261. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-1016), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail, or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an e-mail address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2008-1016'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2008-1016 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit 
either the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC, 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays; or the U.S. Coast Guard 
Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101 between 8 
a.m. and 3 p.m., Monday through Friday, except Federal holidays. We 
have an agreement with the Department of Transportation to use the 
Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request

[[Page 6843]]

for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    The U.S. Navy is requesting an expansion of an existing security 
zone. The new zone will allow for installation of water barriers to 
provide a line of demarcation and defensive measure as a safeguard from 
destruction, loss, or injury from sabotage or other subversive acts, 
accidents, or other causes of similar nature. The expanded security 
zone would entirely subsume a nearby existing security zone, which 
would be removed.

Discussion of Proposed Rule

    The Coast Guard proposes an expansion of an existing security zone 
in the San Diego Bay for U.S. Navy. The limits of the security zone 
would be as follows: The water adjacent to Naval Base Point Loma, San 
Diego, California, enclosed by the following coordinates:
    Beginning at 32[deg]42.48' N, 117[deg]14.21' W (Point A); 
32[deg]42.48' N, 117[deg]14.17' W (Point B); 32[deg]42.17' N, 
117[deg]14.00' W (Point C); 32[deg]41.73' N, 117[deg]14.21' W (Point 
D); 32[deg]41.53' N, 117[deg]14.23' W (Point E); 32[deg]41.55' N, 
117[deg]14.02' W (Point F); 32[deg]41.17' N, 117[deg]13.95' W (Point 
G); 32[deg]41.04' N, 117[deg]14.14' W (Point H); thence running 
generally north along the shoreline to the place of beginning (Point 
A).
    This security zone is necessary to provide as a safeguard against 
destruction, loss, or injury from sabotage or other subversive acts, 
accidents, or other causes of a similar nature. No persons or vessel 
may enter or remain in the security zone without the permission of the 
Commander, Naval Base Point Loma; Commander, Naval Region Southwest; 
the Captain of the Port, or their respective designated 
representatives.
    This proposed security zone would entirely overlap the existing 
security zone at 33 CFR 165.1103, which would be removed.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed 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.
    This determination is based on the size and location of the 
security zone. Vessels do not routinely operate for commercial purposes 
within the area proposed by the security zone expansion, which is 
currently within a charted restricted area (33 CFR 334.870). 
Additionally, vessel traffic may pass safely around the security zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in a portion of the San Diego Bay.
    This security zone would not have a significant economic impact on 
a substantial number of small entities because vessel traffic may pass 
safely around the security zone.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Commander Mike Dolan, 
USCG, Waterways Management, U.S. Coast Guard Sector San Diego at 619-
278-7233. The Coast Guard will not retaliate against small entities 
that question or complain about this proposed rule or any policy or 
action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

[[Page 6844]]

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 5100.1 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination under the Instruction that this 
action is not likely to have a significant effect on the human 
environment. An environmental analysis checklist supporting this 
preliminary determination is available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this proposed 
rule.

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 proposes 
to amend 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. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 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.

    2. Revise Sec.  165.1102 to read as follows:


Sec.  165.1102  Security Zone; Naval Base Point Loma; San Diego Bay, 
San Diego, CA.

    (a) Location. The following area is a security zone: The water 
adjacent to the Naval Base Point Loma, San Diego, CA, enclosed by the 
following coordinates:
    Beginning at 32[deg]42.48[min] N, 117[deg]14.21[min] W (Point A); 
32[deg]42.48[min] N, 117[deg]14.17[min] W (Point B); 32[deg]42.17[min] 
N, 117[deg]14.00[min] W (Point C); 32[deg]41.73[min] N, 
117[deg]14.21[min] W (Point D); 32[deg]41.53[min] N, 117[deg]14.23[min] 
W (Point E); 32[deg]41.55[min] N, 117[deg]14.02[min] W (Point F); 
32[deg]41.17[min] N, 117[deg]13.95[min] W (Point G); 32[deg]41.04[min] 
N, 117[deg]14.14[min] W (Point H); thence running generally north along 
the shoreline to the place of beginning (Point A).
    (b) Regulations. (1) The general regulations governing security 
zones found in 33 CFR 165.33 apply to the security zone described in 
paragraph (a) of this section.
    (2) Entry into, or remaining in, the area of this zone is 
prohibited unless authorized by the Captain of the Port San Diego; 
Commanding Officer, Naval Base Point Loma; or Commander, Navy Region 
Southwest.
    (3) Persons desiring to transit the area of the security zone may 
request permission from the Captain of the Port San Diego at telephone 
number (619) 278-7033 or on VHF channel 16 (156.8 MHz) or from either 
the Commanding Officer, Naval Base Point Loma or the Commander, Navy 
Region Southwest by calling the Navy Port Operation Dispatch at 
telephone number (619) 556-1433 or on VHF-FM channels 16 or 12. If 
permission is granted, all persons and vessels must comply with the 
instructions of the Captain of the Port San Diego or his or her 
designated representative.
    (c) Definitions. For purposes of this section:
    Captain of the Port San Diego means the Commanding Office of the 
Coast Guard Sector San Diego.
    Commander, Navy Region Southwest means Navy Region Commander 
responsible for the Southwest Region.
    Commanding Officer, Naval Base Point Loma means the Installation 
Commander of the naval base located on Point Loma, San Diego, 
California.
    Designated Representative means any U.S. Coast Guard commissioned, 
warrant, or petty officer who has been designated by the Captain of the 
Port San Diego to assist in the enforcement of the security zone 
described in paragraph (a) of this section.
    Enforcement. The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the security zone described in paragraph (a) of this 
section by the U.S. Navy and local law enforcement agencies.
    3. Remove Sec.  165.1103.

    Dated: December 22, 2008.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
 [FR Doc. E9-2879 Filed 2-10-09; 8:45 am]
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