[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Rules and Regulations]
[Pages 50706-50708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23642]


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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: Final rule.

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SUMMARY: The Coast Guard is expanding a naval security zone. The 
expanded zone will encompass a nearby, separate security zone in its 
entirety. The subsumed security zone will be removed from the 
regulations. This action also includes 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 
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: This rule is effective November 2, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-1016 and are available online by going to 
http://www.regulations.gov, inserting USCG-2008-1016 in the ``keyword'' 
box, and then clicking ``search.'' This material is also available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Lieutenant Commander Mike Dolan, Waterways Management, 
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7261, 
e-mail [email protected]. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 11, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled Security Zone; Naval Base Point Loma; San Diego Bay, 
San Diego, CA in the Federal Register (74 FR 6842). We received no 
comments on the proposed rule. There were no requests for a public 
meeting, therefore no meeting was held.

Background and Purpose

    The U.S. Navy requested 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 measures as

[[Page 50707]]

a safeguard from destruction, loss, or injury from sabotage or other 
subversive acts, accidents, or other causes of similar nature. The 
expanded security zone will entirely subsume a nearby existing security 
zone, which will be removed.

Discussion of Comments and Changes

    It was determined that Point B (32[deg]42.48[min] N, 
117[deg]14.17[min] W) and Point C (32[deg]42.17[min] N, 
117[deg]14.00[min] W) were plotted in the channel to the south entrance 
of Shelter Island. These points were brought out of the channel and the 
new coordinates are 32[deg]42.48[min] N, 117[deg]14.22[min] W (Point B) 
and 32[deg]42.17[min] N, 117[deg]14.05[min] W (Point C).
    Point H (32[deg]41.04[min] N, 117[deg]14.14[min] W) was relocated 
to 32[deg]41.17[min] N, 117[deg]13.97[min] W. The original point caused 
the security zone to run along the shoreline and was deemed 
unnecessary.

Regulatory Analyses

    We developed this 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 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 encompassed by the security zone expansion, which is 
currently within a charted restricted area (33 CFR 334.870). 
Recreational vessels will not be allowed to transit through the 
established security zone.

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.
    This rule will affect the following entities, some of which may 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 will not have a significant economic impact on a 
substantial number of small entities because vessel traffic can pass 
safely around the security zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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 an 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

[[Page 50708]]

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 Department of Homeland Security 
Management Directive 023-1 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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves changing and 
disestablishing a security zone. An environmental analysis checklist 
and a 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, 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.


0
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:

32[deg]42.48' N, 117[deg]14.22[min] W (Point A);
32[deg]42.48' N, 117[deg]14.21[min] W (Point B);
32[deg]42.17' N, 117[deg]14.05[min] W (Point C);
32[deg]41.73' N, 117[deg]14.21[min] W (Point D);
32[deg]41.53' N, 117[deg]14.23[min] W (Point E);
32[deg]41.55' N, 117[deg]14.02[min] W (Point F);
32[deg]41.17' N, 117[deg]13.95[min] W (Point G);
32[deg]41.17' N, 117[deg]13.97[min] W (Point H);
thence running generally north along the shoreline to 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 Officer 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.
    (d) 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.

0
3. Remove Sec.  165.1103.

    Dated: May 1, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-23642 Filed 9-30-09; 8:45 am]
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