[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Rules and Regulations]
[Pages 28194-28200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12063]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0277]
RIN 1625-AA00


Safety Zone; San Clemente 3 NM Safety Zone, San Clemente Island, 
CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone around San 
Clemente Island in support of potentially hazardous military training 
and testing exercises. The existing zones do not sufficiently overlap 
potential danger zones and testing areas used by the Navy during live-
fire and ocean research operations resulting in a delay or cancellation 
of these operations. The new safety zone will protect the public from 
hazardous, live-fire and testing operations and ensure operations 
proceed as scheduled.

DATES: This rule is effective June 21, 2010.

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-2009-0277 and are available online by going to 
http://www.regulations.gov, inserting USCG-2009-0277 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 Petty Officer Corey McDonald, Waterways Management, U.S. 
Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7262, e-
mail [email protected]. 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: 

Regulatory Information

    On August 7, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zone; San Clemente Island, CA in the Federal 
Register (74 FR 39584). We received one comment on the proposed rule.

Basis and Purpose

    As part of the Southern California Range Complex, San Clemente 
Island (SCI) and the surrounding littoral waters support the training 
requirements for the U.S. Pacific Fleet, Fleet Marine Forces Pacific, 
Naval Special Warfare Command, Naval Expeditionary Combat Command and 
other military training and research units. In 1934, Executive Order 
6897 transferred full ownership of SCI from the Department of Commerce 
to the Department of the Navy for ``naval purposes''. The San Clemente 
Island Range Complex (SCIRC) has the capability to support training in 
all warfare areas including Undersea Warfare, Surface Warfare, Mine 
Warfare, Strike Warfare, Air Warfare, Amphibious Warfare, Command and 
Control, and Naval Special Warfare. It is the only location in the 
United States that supports Naval Special Warfare full-mission training 
profiles. The Shore Bombardment Area (SHOBA) is the only range in the 
United States where expeditionary fire support exercises utilizing ship 
to shore naval gunfire can be conducted. SCI's unique coastal 
topography, proximity to the major Fleet and Marine concentration areas 
in San Diego County, supporting infrastructure, and exclusive Navy 
ownership make the island and surrounding waters vitally important for 
fleet training, weapon and electronic systems testing, and research and 
development activities.

Background

    In the 2009 NPRM, the Coast Guard proposed to establish a permanent 
safety zone in the area of San Clemente Island in order to conduct 
training essential to successful accomplishments of U.S. Navy missions 
relating to military operations and national security. We proposed to 
establish a safety zone consisting of 8 segments, which were described 
in the NPRM as Sections (A) through (G) and Wilson Cove. We believe 
that a safety zone is necessary to protect the public from hazardous, 
live-fire and testing operations and ensure operations proceed as 
scheduled.

Discussion of Comments and Changes

    The Coast Guard received one comment in response to the NPRM. This 
was a joint statement from three commercial fishing organizations: the 
Sea Urchin Commission (CSUC), the California Lobster and Trap 
Fishermen's Association (CLTFA), and the Point Conception Ground 
Fishermen's Association (PCGA), and is available in the docket. The 
commenters joined together to express their support for the Navy 
training missions associated with San Clemente Island, including the 
use of safety zones and permanent closures at Special Warfare Training 
Area 1

[[Page 28195]]

(SWAT 1) and Wilson Cove. However, the fishing organizations also 
expressed concern that some issues were not adequately addressed and 
some information in the administrative record may not be factually 
accurate.
    The commenters raised several issues that will be addressed below. 
First, they argued that the socio-economic impacts of the proposed 
safety zone were more substantial than the Coast Guard had estimated, 
because section ``G'' contains important fishing areas and is also 
important to chartered passenger vessels. Second, the commenters 
requested that section ``F'' was too broad, and should be subdivided 
into smaller areas. Third, the commenters stated that it is important 
to keep the North West Harbor open to the public, due to the need for 
safe anchorages for small boats.
    In light of these concerns, the comment included the following 
requests:
    1. Re-assess the socio-economic impacts of permanent closures in 
Sections `G' and Wilson Cove and the socio-economic impacts of 
intermittent closures in Sections `A' & `F' on charter passenger 
vessels, seiners, and individual sport fishermen in light of other 
regional closures proposed under the State's Marine Life Protection Act 
(MLPA) process.
    2. Convene two workshops (between January--March 2010) with 
representatives from DoD, U.S. Coast Guard, and fishing groups to: (a) 
Review Section F configuration and (b) develop a protocol that affords 
public access to Northwest Harbor during time periods the area is not 
scheduled for military training. Implement Final Rule no later than 
June 1, 2010.
    Response:
    Many of the issues raised by the three commercial fishing 
organizations are addressed in the Southern California (SOCAL) 
Environmental Impact Statement (EIS)/Overseas EIS (OEIS) (Record of 
Decision, January 30, 2009) (74 FR 5650). The entire document is also 
available on the Web at http://www.socalcomplexeis.com. The SOCAL EIS/
OEIS included a socio-economic assessment of increased naval activities 
around San Clemente Island. The current rulemaking establishing a 
safety zone around San Clemente Island is part of the Navy's continued 
efforts to protect the public from potentially hazardous training 
evolutions assessed in the SOCAL EIS/OEIS, while supporting Department 
of Defense training range requirements.
    Implementation of the Proposed Action in the SOCAL EIS/OEIS 
increased the overall number of training evolutions by 24 percent. 
Enforcement of the safety zone during these increased training periods 
is necessary to protect persons and vessels transiting through the 
area. A public safety determination was made to establish a safety zone 
around San Clemente Island to protect the public from potentially 
hazardous training evolutions while still facilitating the public's use 
of offshore waters during times when hazardous training was not 
scheduled. The safety zone provides exclusive use by the military to 
certain offshore waters around San Clemente Island. The EIS/OEIS 
concluded that ``the increased training tempo associated with [an] 
increase in range clearance [restricted public access] will not cause a 
considerable [socioeconomic] impact due to advanced public notification 
and [the] primarily short-term duration of military activities'' (SOCAL 
EIS/OEIS, 2009).

1. Socio-Economic Impacts

    One argument made by the commenters was that the agency had not 
considered the socio-economic impacts of the safety zone. In response, 
we note that the socio-economic impacts associated with restricted 
public access to offshore waters during hazardous training evolutions 
were assessed in detail in two recent documents and considered prior to 
initiating the safety zone rulemaking process, both of which are 
available on the Web at http://www.socalcomplexeis.com:
     Southern California (SOCAL) Environmental Impact Statement 
(EIS)/Overseas EIS (OEIS) (January 2009), Section 3.14 Socioeconomics.
     Southern California (SOCAL) Fisheries Study: Catch 
Statistics (2002-2007), Fishing Access, and Fishermen Perception 
(February 2009).
    The Navy recognizes the importance of the waters around San 
Clemente Island to commercial and recreational fishermen, and contrary 
to the commenters' assertion, careful analysis of the socio-economic 
impact of the increased training activity was undertaken in these 
documents. In order to mitigate the economic and social impacts of its 
training exercises, the Navy has gone to great lengths to provide 
advanced notice of these exercises to fishermen and operators of 
recreational vehicles. In response to recommendations expressed by 
fishermen during the San Clemente Island Range Complex EIS/OEIS scoping 
meetings for advanced knowledge of operations scheduled around San 
Clemente Island, the Navy developed (2000) and maintains a public Web 
site (http://www.scisland.org). The Web site publishes scheduled 
training times and locations up to six months in advance. Fishermen can 
utilize this Web site, in conjunction with other notification methods, 
including NOTMARS and Very High Frequency (VHF) radio Channel 16, to 
plan their trips near San Clemente Island.
    The Navy also sponsored a detailed survey to examine fishing 
concerns in SOCAL. The Southern California (SOCAL) Fisheries Study: 
Catch Statistics (2002-2007), Fishing Access, And Fishermen Perception 
(February 2009) focused on two goals:
     Determine the potential impact of Navy activities on 
commercial and recreational fishing in the SOCAL Range Complex.
     Examine potential use-conflicts, particularly in the 
waters around San Clemente Island.
    The study highlighted the importance of the waters around San 
Clemente Island to commercial and recreational fishermen particularly 
for spiny lobster, swordfish, red urchin, Pacific sardine and market 
squid. Overall, fishermen agreed that a combination of regularly 
scheduled radio announcements, a clear and regularly updated Web site, 
and easily obtainable and reliable contact information with assured 
rapid response would serve to mitigate conflicts between fishermen and 
the Navy within the SOCAL Range Complex. As a result of this study, the 
Navy is working on improvements to the San Clemente Island Web site: 
adding operating areas and altitude acronyms/codes and clarifying 
whether a Navy activity requires a closure to fishing grounds or if 
fishing is still permitted in conjunction with scheduled training 
events.
    For these reasons, we believe that the economic and social impacts 
regarding implementation of the safety zones will be minimal. While 
extending the safety zone will cause some inconvenience, we believe 
that it is needed for the protection of both vessels and persons, and 
that the negative socio-economic effects of the zone are far outweighed 
by the safety need.

2. Additional Workshops

    Over the past two years, the Navy has conducted extensive public 
outreach concerning increased training evolutions in Southern 
California: public meetings and comment periods were held in 
conjunction with the SOCAL EIS/OEIS; outreach efforts were conducted 
with local fishing organizations; and Department of Defense 
representatives served as members of the Marine Life Protection

[[Page 28196]]

Act South Coast Regional Stakeholder Group.
    The Navy has a longstanding appreciation of the economic importance 
of San Clemente Island to commercial and recreational fishermen and 
divers, so in an effort to ensure public safety while optimizing the 
public's access to offshore waters, the Navy sub-divided the Safety 
Zone into eight separate sections. If the Safety Zone had been managed 
as one contiguous zone, a scheduled training evolution off the southern 
end of San Clemente Island would have restricted public access to all 
offshore areas around San Clemente Island. The segmented configuration 
facilitates the public's access to areas not scheduled for hazardous 
training, while ensuring continued use of the waters around San 
Clemente Island for critical naval training.

Safety Zone `F'

    As stated above, commenters argued that section ``F'' of the safety 
zone was too broad, and that it should be broken up into various 
subzones. However, the commenters did not make any recommendations as 
to what these smaller subzones should be. Furthermore, we note that 
boundaries of all Safety Zone segments, including Section `F', were 
developed in accordance with training requirements and the public's 
continued access to safe harbor. Specifically, section `F' boundaries 
are consistent with the surface danger zone (SDZ) associated with the 
live fire Naval Special Warfare (NSW) range designated as Training Area 
and Range (TAR) 10 (SOCAL EIS/OEIS, 2009). Section `F' also overlaps 
the existing Restricted Area (No Anchorage) area (West Cove) depicted 
in the Coast Pilot since 1985. This is designated as a No Anchor area 
because trunk cables from the critical deepwater instrumented 
hydrophone array come ashore in West Cove. Given these facts, we have 
decided to maintain the boundaries of the current segment ``F'' as 
proposed in the NPRM.

Northwest Harbor Anchoring

    The Navy recognizes the importance of retaining the public's access 
to safe harbors located around San Clemente Island. As documented in 
the SOCAL Fisheries Study (2009), ``Maintaining access to public 
anchorages around SCI, particularly Pyramid Cove and Northwest Harbor, 
is critical for the safety of the fishermen, as well as for ensuring 
that fishermen are not subjected to increased fuel costs as a result of 
relocation.'' The safety zone was configured such that Northwest Harbor 
and Pyramid Cove would be accessible to the public except during 
scheduled, hazardous training events. The new safety zone does not 
alter the public's use of Wilson Cove for safe harbor because a 
permanent Security Zone restricting public access has existed in Wilson 
Cove (out to 2 nm offshore) for many years. In addition, neither of the 
two permanently restricted areas overlaps Northwest Harbor or Pyramid 
Cove.

Coordination With Commercial Fishing Organizations

    We also note that there has been substantial coordination with 
local fishing organizations throughout the process of developing plans 
for this area. During a coordination meeting held in early 2009 with 
representatives from various fishing organizations (including 
commercial fishing associations submitting comments on the Safety Zone 
Notice of Proposed Rule Making), the Navy briefed the Safety Zone 
proposal. The California Sea Urchin Commission (CSUC) recommended that 
the Navy assess the feasibility of facilitating safe transit through 
SWAT 1 during times when the range may be cold. Consequently, the Navy 
spent considerable time and resources to establish a permanent watch 
stander and dedicated call sign (KRAKEN on Channel 82A) that boaters 
can contact to request safe vessel transit authorization through SWAT 1 
Safety Zone. When authorized by KRAKEN, vessels may safety transit 
within 3nm of the northern end of San Clemente Island, thereby saving 
time and fuel costs, a related concern raised in the commenters' 
letter.

Conclusion

    The Southern California Range Complex is the most capable and 
heavily used Navy Range Complex in the eastern Pacific region. San 
Clemente Island is the tactical cornerstone of the Range Complex. The 
Navy has assessed the socio-economic effects of conducting training 
operations in Southern California (including San Clemente Island) and 
conducted extensive public outreach. As described in the SOCAL EIS/
OEIS, the Navy is expanding training evolutions in Southern California. 
The Navy recognizes and appreciates the importance of the waters around 
San Clemente Island to commercial and recreational fishermen and has 
exerted substantial effort to successfully co-exist with commercial and 
recreational neighbors. The Navy will continue to provide the public 
with up-to-date, accurate information on areas accessible for the 
public's commercial and recreational uses.

Discussion of Rule

    The Coast Guard is establishing a permanent safety zone around San 
Clemente Island for the U.S. Navy. The limits of the segmented safety 
zone range from high tide seaward 3 NM. The zone is broken down into 
the following sections:

(a) Section A

    Beginning at 33[deg]02.05[min] N, 118[deg]35.85[min] W; thence to 
33[deg]04.93[min] N, 118[deg]37.07[min] W; thence running parallel to 
the shoreline at a distance of approximately 3 NM from the high tide 
line to 33[deg]02.82[min] N, 118[deg]30.65[min] W; thence to 
33[deg]17.28[min] N, 118[deg]33.88[min] W; thence along the shoreline 
returning to 33[deg]02.05[min] N, 118[deg]35.85[min] W.

(b) Section B

    Beginning at 32[deg]57.30[min] N, 118[deg]30.88[min] W; thence to 
32[deg]59.60[min] N, 118[deg]28.33[min] W; thence running parallel to 
the shoreline at a distance of approximately 3 NM from the high tide 
line to 32[deg]55.83[min] N, 118[deg]24.22[min] W; thence to 
32[deg]53.53[min] N, 118[deg]26.52[min] W; thence along the shoreline 
returning to 32[deg]57.30[min] N, 118[deg]30.88[min] W.

(c) Section C

    Beginning at 32[deg]53.53[min] N, 118[deg]26.52[min] W; thence to 
32[deg]55.83[min] N, 118[deg]24.22[min] W; thence running parallel to 
the shoreline at a distance of approximately 3 NM from the high tide 
line to 32[deg]47.27[min] N, 118[deg]18.23[min] W; thence to 
32[deg]49.10[min] N, 118[deg]21.05[min] W; thence along the shoreline 
returning to 32[deg]53.53[min] N, 118[deg]26.52[min] W.

(d) Section D

    Beginning at 32[deg]49.10[min] N, 118[deg]21.05[min] W; thence to 
32[deg]47.27[min] N, 118[deg]18.23[min] W; thence running parallel to 
the shoreline at a distance of approximately 3 NM from the high tide 
line to 32[deg]48.38[min] N, 118[deg]31.69[min] W; thence to 
32[deg]50.70[min] N, 118[deg]29.37[min] W; thence along the shoreline 
returning to 32[deg]49.10[min] N, 118[deg]21.05[min] W.

(e) Section E

    Beginning at 32[deg]50.70[min] N, 118[deg]29.37[min] W; thence to 
32[deg]48.05[min] N, 118[deg]31.68[min] W; thence running parallel to 
the shoreline at a distance of approximately 3 NM from the high tide 
line to 32[deg]53.62[min] N, 118[deg]35.93[min] W; thence to 
32[deg]56.13[min] N, 118[deg]32.95[min] W; thence along the shoreline 
returning to 32[deg]50.70[min] N, 118[deg]29.37[min] W.

(f) Section F

    Beginning at 32[deg]56.13[min] N, 118[deg]32.95[min] W; thence to 
32[deg]53.62[min] N, 118[deg]35.93[min] W;

[[Page 28197]]

thence running parallel to the shoreline at a distance of approximately 
3 NM from the high tide line to 32[deg]59.95[min] N, 118[deg]39.77[min] 
W; thence to 33[deg]01.08[min] N, 118[deg]36.33[min] W; thence along 
the shoreline returning to 32[deg]56.13[min] N, 118[deg]32.95[min] W.

(g) Section G

    Beginning at 33[deg]01.08[min] N, 118[deg]36.33[min] W; thence to 
32[deg]59.95[min] N, 118[deg]39.77[min] W; thence running parallel to 
the shoreline at a distance of approximately 3 NM from the high tide 
line to 33[deg]04.93[min] N, 118[deg]37.07[min] W; thence to 
33[deg]02.05[min] N, 118[deg]35.85[min] W; thence along the shoreline 
returning to 33[deg]01.08[min] N, 118[deg]36.33[min] W.

(h) Wilson Cove

    Beginning at 33[deg]01.28[min] N, 118[deg]33.88[min] W; thence to 
33[deg]02.82[min] N, 118[deg]30.65[min] W; thence running parallel to 
the shoreline at a distance of approximately 3 NM from the high tide 
line to 32[deg]59.60[min] N, 118[deg]28.33[min] W; thence to 
32[deg]57.30[min] N, 118[deg]30.88[min] W; thence along the shoreline 
returning to 33[deg]01.28[min] N, 118[deg]33.88[min] W.
    Mariners requesting permission to transit through Section G must 
request authorization from the Fleet Area Control and Surveillance 
Facility (FACSFAC) San Diego by hailing KRAKEN (dedicated call sign) on 
VHF bridge-to-bridge radio connection on Channel 16 or calling 619-545-
4742 or 619-545-1742. Once vessel has established contact with KRAKEN 
on Channel 16, vessel will be asked to switch to Channel 82A. Vessel 
will be asked to provide the following information: Name of vessel and 
registration number, name of Captain and homeport, military or non-
military designation, current location (latitude/longitude), date and 
time, and projected transit time through Section G. VESSELS MUST HAVE 
AUTHORIZATION FROM KRAKEN TO TRANSIT WITHIN 3NM OF SAN CLEMENTE ISLAND 
THROUGH SECTION G. No other non-military activities are permitted in 
Section G at any time. If vessel does not receive authorization to 
transit through Section G, mariner must navigate to greater than 3nm 
offshore San Clemente Island. Immediately upon completing transit, 
vessel operator must promptly notify KRAKEN of safe passage through 
Section G safety zone. Failure to expeditiously notify KRAKEN of 
passage through the safety zone will result in a determination by the 
Navy that the vessel is still in the safety zone, thereby restricting 
the use of the area for naval operations. If the Navy determines that 
facilitating safe transit through the zone negatively impacts range 
operations, the Navy will cease this practice and enforce the safety 
zone without exception.
    Mariners are restricted at all times from transiting into the 
Safety Zone/Security Zone extending from shoreline in Wilson Cove to 
2nm offshore. However, mariners may transit through the Safety Zone 
extending from 2nm to 3nm offshore unless asked by the Navy to transit 
outside the Wilson Cove Safety Zone. Transit only is permitted in this 
area.
    Mariners who wish to transit through any of the other six sections 
(A, B, C, D, E, and/or F) will also be required to request permission 
from FACSFAC San Diego, using the same procedure described above, 
except during periods when the Navy is not conducting potentially 
hazardous military training or testing activity. Mariners will be able 
to transit some or all of these sections without obtaining prior 
authorization from FACSFAC San Diego only when the Coast Guard notifies 
the public that enforcement of the zone in specified sections is 
temporarily suspended. Notice of suspended enforcement will be provided 
through broadcast notice to mariners and publication in the local 
notice to mariners; and the schedule of restricted access periods by 
date, location and duration will continue to be proposed at http://www.scisland.org.

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. We expect the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
    This determination is based on the fact that the majority of the 
proposed safety zone will be open a significant portion of the time. 
The safety zone will be divided into eight sections. Two of the 
sections, specifically Section G and Wilson Cove, will be continually 
enforced as a Safety Zone, thereby restricting public use of these 
offshore waters, although transit through Section G and parts of Wilson 
Cove will be permitted at times. The other six sections (A, B, C, D, E, 
and F) will be enforced for the Navy's exclusive use only during 
potentially hazardous military training or testing activity. The 
schedule of restricted access periods by date, location and duration 
will continue to be posted at http://www.scisland.org. Prior to the use 
of sections A thru F, the Navy will inform U.S. Coast Guard Sector San 
Diego.

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 might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in a portion of the Pacific Ocean around San Clemente 
Island.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Except 
for Section G and Wilson Cove, which will be continually enforced, the 
safety zone will be activated, and thus subject to enforcement, only 
during naval training and testing exercises. During periods when 
portions of the safety zone are enforced in sections A through F, 
vessel traffic can pass safely around the safety zone. When the safety 
zone is not enforced, vessel traffic will be allowed to use the 
offshore waters for commercial and recreational activities. Permission 
for safe vessel transit through the permanently restricted safety zones 
designated Section G and Wilson Cove may be requested of the Fleet Area 
Control and Surveillance Facility, San Diego. Furthermore, the safety 
zones will not impede access to safe port areas, important to small 
boats, such as North West Harbor or Pyramid Cove, as discussed above.

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

[[Page 28198]]

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 (adjusted for 
inflation) 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 cause 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 Department of Homeland Security 
Management Directive 023-01 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 establishing of a 
safety 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.


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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

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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, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.2.


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2. Add Sec.  165.1141 to read as follows:


Sec.  165.1141  Safety Zone; San Clemente 3 NM Safety Zone, San 
Clemente Island, CA.

    (a) Location. The following area is a safety zone: All waters of 
the Pacific Ocean surrounding San Clemente Island, from surface to 
bottom, extending from the high tide line on the island seaward 3 NM. 
The zone consists of the following sections (see Figure 1):

(1) Section A

    Beginning at 33[deg]02.05[min] N, 118[deg]35.85[min] W; thence to 
33[deg]04.93[min] N, 118[deg]37.07[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line 
to 33[deg]02.82[min] N, 118[deg]30.65[min] W; thence 33[deg]01.29[min] 
N, 118[deg]33.88[min] W; thence along the shoreline returning to 
33[deg]02.05[min] N, 118[deg]35.85[min] W.

(2) Section B

    Beginning at 32[deg]57.30[min] N, 118[deg]30.88[min] W; thence to 
32[deg]59.60[min] N, 118[deg]28.33[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line 
to 32[deg]55.83[min] N, 118[deg]24.22[min] W; thence to 
32[deg]53.53[min] N,

[[Page 28199]]

118[deg]26.52[min] W; thence along the shoreline returning to 
32[deg]57.30[min] N, 118[deg]30.88[min] W.

(3) Section C

    Beginning at 32[deg]53.53[min] N, 118[deg]26.52[min] W; thence to 
32[deg]55.83[min] N, 118[deg]24.22[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line 
to 32[deg]47.27[min] N, 118[deg]18.23[min] W; thence to 
32[deg]49.10[min] N, 118[deg]21.05[min] W; thence along the shoreline 
returning to 32[deg]53.53[min] N, 118[deg]26.52[min] W.

(4) Section D

    Beginning at 32[deg]49.10[min] N, 118[deg]21.05[min] W; thence to 
32[deg]47.27[min] N, 118[deg]18.23[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line 
to 32[deg]48.38[min] N, 118[deg]31.69[min] W; thence to 
32[deg]50.70[min] N, 118[deg]29.37[min] W; thence along the shoreline 
returning to 32[deg]49.10[min] N, 118[deg]21.05[min] W.

(5) Section E

    Beginning at 32[deg]50.70[min] N, 118[deg]29.37[min] W; thence to 
32[deg]48.05[min] N, 118[deg]31.68[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line 
to 32[deg]53.62[min] N, 118[deg]35.93[min] W; thence to 
32[deg]56.13[min] N, 118[deg]32.95[min] W; thence along the shoreline 
returning to 32[deg]50.70[min] N, 118[deg]29.37[min] W.

(6) Section F

    Beginning at 32[deg]56.13[min] N, 118[deg]32.95[min] W; thence to 
32[deg]53.62[min] N, 118[deg]35.93[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line 
to 32[deg]59.95[min] N, 118[deg]39.77[min] W; thence to 
33[deg]01.08[min] N, 118[deg]36.33[min] W; thence along the shoreline 
returning to 32[deg]56.13[min] N, 118[deg]32.95[min] W.

(7) Section G

    Beginning at 33[deg]01.08' N, 118[deg]36.333' W; thence to 
32[deg]59.95' N, 118[deg]39.77' W; thence running parallel to the shore 
at a distance of approximately 3 NM from the high tide line to 
33[deg]04.93' N, 118[deg]37.07' W; thence to 33[deg]02.05' N, 
118[deg]35.85' W; along the shoreline returning to 33[deg]01.08' N, 
118[deg]36.33' W.

(8) Wilson Cove

    Beginning at 33[deg]01.28' N, 118[deg]33.88' W; thence to 
33[deg]02.82' N, 118[deg]30.65' W; thence running parallel to the shore 
at a distance of approximately 3 NM from the high tide line to 
32[deg]59.60' N, 118[deg]28.33' W; thence to 32[deg]57.30' N, 
118[deg]30.88' W; thence along the shoreline returning to 33[deg]01.28' 
N, 118[deg]33.88' W.
[GRAPHIC] [TIFF OMITTED] TR20MY10.000

    (b) Definitions. The following definition applies to this section: 
designated representative, means any commissioned, warrant, and petty 
officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and Federal law enforcement vessels who 
have been authorized to act on the behalf of the Captain of the Port 
(COTP).
    (c) Enforcement. (1) This regulation will be enforced at all times 
in Section G and the Wilson Cove section of the safety zone described 
in paragraph (a) of this section. Mariners must obtain permission in 
accordance with the procedure described in paragraph (d)(2) of this 
section before entering either of those sections (paragraphs (a)(7) and 
(8)).
    (2) This regulation will be enforced in Sections A through F of the 
safety zone described in paragraphs (a)(1) through (6) of this section 
except when the Coast

[[Page 28200]]

Guard notifies the public that enforcement of the zone in specified 
sections is temporarily suspended. Mariners need not obtain permission 
in accordance with the procedure described in paragraph (d)(2) of this 
section to enter a zone section in which enforcement is temporarily 
suspended. At all other times, mariners must obtain permission in 
accordance with the procedure described in paragraph (d)(2) before 
entering any of those sections.
    (3) The COTP will provide notice of suspended enforcement by means 
appropriate to effect the widest publicity, including broadcast notice 
to mariners, publication in the local notice to mariners, and posting 
the schedule of restricted access periods by date, location and 
duration at http://www.scisland.org.
    (d) Regulations. (1) The general regulations governing safety zones 
found in 33 CFR 165.23 apply to the safety zone described in paragraph 
(a) of this section.
    (2) Mariners requesting permission to transit through any section 
of the zone may request authorization to do so from the Fleet Area 
Control and Surveillance Facility (FACSFAC) San Diego by either calling 
619-545-4742 or establishing a VHF bridge to bridge radio connection on 
Channel 16. Immediately upon completing transit, the vessel operator 
must promptly notify the FACSFAC of safe passage through the safety 
zone. Failure to expeditiously notify FACSFAC of passage through the 
safety zone will result in a determination by the Navy that the vessel 
is still in the safety zone, thereby restricting the use of the area 
for naval operations. If the Navy determines that facilitating safe 
transit through the zone negatively impacts range operations, the Navy 
will cease this practice and enforce the safety zones in these two 
areas without exception.
    (3) All persons and vessels must comply with the instructions of 
the U.S. Navy, Coast Guard Captain of the Port or the designated 
representative.
    (4) Upon being hailed by U.S. Navy or U.S. Coast Guard patrol 
personnel by siren, radio, flashing light, or other means, the operator 
of a vessel must proceed as directed.
    (5) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone described in paragraph (a) of this 
section by the U.S. Navy and local law enforcement agencies.

    Dated: April 22, 2010.
T. H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2010-12063 Filed 5-19-10; 8:45 am]
BILLING CODE 9110-04-P