[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Rules and Regulations]
[Pages 20843-20845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9052]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1004]
RIN 1625-AA87


Security Zone; Increase of Security Zones Under 33 CFR 165.1183 
From 100 to 500 Yards; San Francisco Bay, Delta Ports, Monterey Bay, 
and Humboldt Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard will enforce a permanent increase in security 
zone size from 100 yards (91 meters) to 500 yards (457 meters) for 
tankers, cruise ships, and High Value Assets (HVAs) while underway on 
the navigable waters of San Francisco Bay, Delta Ports, Monterey Bay, 
and Humboldt Bay, CA. Once a tanker, cruise ship, or HVA is anchored or 
moored within the navigable waters of San Francisco Bay, Delta Ports, 
Monterey Bay, and Humboldt Bay, CA, the security zone will decrease 
from 500 yards (457 meters) to 100 yards (91 meters). Security zones 
are necessary to effectively protect HVAs and are only enforceable 
within the limits of that zone. Persons and vessels are prohibited from 
entering into, transiting through, or anchoring within the temporary 
security zones unless authorized by the Captain of the Port or their 
designated representative.

DATES: This rule is effective May 16, 2011.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket 
are part of docket USCG-2010-1004 and are available by going http://www.regulations.gov, inserting USCG-2010-1004, in the ``keyword'' box, 
and clicking ``Search.'' They are 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 20590-0001, 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 Junior Grade Allison A. Natcher, U.S. Coast 
Guard Sector San Francisco; telephone 415-399-7442 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 November 3, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Security Zone; Increase of Security Zones under 33 CFR 
165.1183 from 100 to 500 yards; San Francisco Bay, Delta Ports, 
Monterey Bay, and Humboldt Bay, CA in the Federal Register (75FR212). 
We received 5 comments on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    Experiences during security zone enforcement operations, 
observations during boat tactics training, and discussions with 
Commanding Officers/Officers in Charge and tactical coxswains from 
Sector San Francisco's Level I Ports, Waterways & Coastal Security 
(PWCS) stations, has led Enforcement staff and field units to determine 
that 100-yard (91 meters) security zones are not adequate enough to 
protect transiting vessels from sabotage, subversive acts, accidents, 
criminal actions, or other causes of a similar nature. A 500 yard (457 
meters)

[[Page 20844]]

security zone increases reaction time, allows proper assessment of the 
situation, and improves the ability of the tactical coxswains to 
properly execute protective measures.

Discussion of Comments and Changes

    The Coast Guard received general comments on the NPRM concerned 
that the increased size of the security zone would increase hazards to 
navigation since 500 yards limits access to large portions of the San 
Francisco Bay. This included anchorages, leading to an increase of 
recreational boaters transiting through the main shipping channels. In 
addition, recreational boaters questioned how the security zone would 
be enforced when patrol boats were no longer on scene with the vessel. 
From this input, the Coast Guard is revising the final rule so that the 
Coast Guard will enforce a permanent increase in security zone size 
from 100 yards (91 meters) to 500 yards (457 meters) for tankers, 
cruise ships, and High Value Assets (HVAs) while underway on the 
navigable waters of San Francisco Bay, Delta Ports, Monterey Bay, and 
Humboldt Bay, CA. Once a tanker, cruise ship, or HVA is anchored or 
moored within the navigable waters of San Francisco Bay, Delta Ports, 
Monterey Bay, and Humboldt Bay, CA, the security zone will decrease 
from 500 yards (457 meters) to 100 yards (91 meters). The definition 
for High Interest Vessel (HIV) is being removed and will be replaced 
with the term HVA because it covers a broader range of vessels that 
require security zones.
    Security zones will be enforced by Coast Guard patrol craft and 
other law enforcement agencies as authorized by the Captain of the 
Port. See 33 CFR 6.04-11, Assistance of other agencies.

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.
    The effect of this regulation will not be significant because the 
500 yard (457 meters) increase will be activated while High Value 
Assets (HVAs) are underway on the navigable waters of San Francisco 
Bay, Delta Ports, Monterey Bay, and Humboldt Bay, CA. Once the HVA is 
anchored or moored within the navigable waters of San Francisco Bay, 
Delta Ports, Monterey Bay, and Humboldt Bay, CA, the security zone will 
decrease from 500 yards (457 meters) to 100 yards (91 meters).

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. 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 these 
security zones. These security zones 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 event activities, sightseeing and 
commercial fishing have ample space outside of the area governed by the 
security zone to engage in these activities. Small entities and the 
maritime public will be advised of implementation of these security 
zones via public notice to mariners or notice of implementation 
published in the Federal Register.

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 (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 proposed rule will not effect 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 might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order

[[Page 20845]]

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 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 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 that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. 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.

    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. Revise Sec.  165.1183 to read as follows:


Sec.  165.1183  Security Zones; tankers, cruise ships, and High Value 
Assets, San Francisco Bay and Delta Ports, Monterey Bay and Humboldt 
Bay, California

    (a) Definitions. The following definitions apply to these 
sections--(1) Cruise ship means any vessel over 100 gross register 
tons, carrying more than 500 passengers for hire which makes voyages 
lasting more than 24 hours, of which any part is on the high seas. 
Passengers from cruise ships are embarked or disembarked in the U.S. or 
its territories. Cruise ships do not include ferries that hold Coast 
Guard Certificates of Inspection endorsed for ``Lakes, Bays and 
Sounds'' that transit international waters for only short periods of 
time on frequent schedules.
    (2) High Value Asset means any waterside asset of high value 
including military and commercial vessels, or commercial vessels 
carrying CDC as defined in 33 CFR 160.204, deemed by the Captain of 
Port, or higher authority, as requiring protection based upon risk 
assessment analysis and is therefore escorted by the Coast Guard or 
other law enforcement vessel with an embarked Coast Guard commissioned, 
warrant, or petty officer.
    (3) Tanker means any self-propelled tank vessel constructed or 
adapted primarily to carry oil or hazardous materials in bulk in the 
cargo spaces.
    (4) 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.
    (b) Locations. (1) San Francisco Bay. All waters, extending from 
the surface to the sea floor, within 500 yards (457 meters) ahead, 
astern and extending along either side of a tanker, cruise ship, or HVA 
underway (100 yards when anchored or moored) within the San Francisco 
Bay and areas shoreward of the line drawn between San Francisco Main 
Ship Channel buoys 7 and 8(LLNR 4190 & 4195) in positions 37[deg]46.9' 
N, 122[deg]35.4' W and 37[deg]46.5' N, 122[deg]35.2' W, respectively.
    (2) Monterey Bay. All waters, extending from the surface to the sea 
floor, within 500 yards (457 meters) ahead, astern and extending along 
either side of a tanker, cruise ship, or HVA underway (100 yards when 
anchored or moored) within the Monterey Bay area shoreward of a line 
drawn between Santa Cruz Light (LLNR 305) to the north in position 
36[deg]57.10' N, 122[deg]01.60' W, and Cypress Point, Monterey to the 
south, in position 36[deg]34.90' N, 121[deg]58.70' W.
    (3) Humboldt Bay. All waters, extending from the surface to the sea 
floor, within 500 yards (457 meters) ahead, astern and extending along 
either side of a tanker, cruise ship, or HVA underway (100 yards when 
anchored or moored) within the Humboldt Bay area shoreward of a 4 
nautical mile radius line drawn to the west of the Humboldt Bay 
Entrance Lighted Whistle Buoy HB (LLNR 8130) in position 40[deg]46.25' 
N, 124[deg]16.13' W.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.33 of this part, entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
San Francisco Bay, or a designated representative.
    (2) Mariners requesting permission to transit through the security 
zone may request authorization to do so from the Patrol Commander 
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port or the designated representative.
    (4) 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.
    (5) The Coast Guard may be assisted by other Federal, State, or 
local agencies.

    Dated: March 30, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2011-9052 Filed 4-13-11; 8:45 am]
BILLING CODE 9110-04-P