[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Rules and Regulations]
[Pages 72025-72028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28035]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0580]
RIN 1625-AA87


Security Zones; Naval Base Point Loma; Naval Mine Anti Submarine 
Warfare Command; San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is increasing a portion of an existing San 
Diego Bay security zone at Naval Base Point Loma to support the 
construction of a new Naval fuel pier. Concurrent with the construction 
of the new pier, the Coast Guard is also establishing a new security 
zone at the Naval Mine and Anti-Submarine Warfare Command to protect 
the relocated marine mammal program throughout the temporary 
construction process. The security zone modifications are intended to 
restrict vessels from portions of the San Diego Bay in order to ensure 
the safety and security of Naval assets. Both security zones will 
safeguard Naval assets, such as vessels, property and waterfront 
facilities from destruction, loss or injury from sabotage or other 
subversive acts. No persons or vessel may enter or remain in the 
security zones without permission of the Captain of the Port, the 
Commander of Naval Base Point Loma, the Commander of the Naval Mine 
Anti Submarine Warfare Command, and the Commander of Naval Region 
Southwest, or a designated representative of those individuals.

DATES: This rule is effective January 2, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0580]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant John Bannon, U.S. Coast Guard Sector San 
Diego; telephone (619) 278-7261 or by email at [email protected]. 
If you have questions on viewing or submitting material to the docket, 
call Barbara Hairston, Program Manager, Docket Operations, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this final rule after publishing a 
Notice of Proposed Rulemaking (NPRM) on August 28, 2013 (78 FR 53109).
    The Coast Guard received no comments on that NPRM and as such, no 
changes have been made to these proposed security zones. The Coast 
Guard also received no requests for public meeting.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The U.S. Navy is requesting an extension of the existing security 
zone for the Naval Base Point Loma Fuel Pier construction and the 
establishment of a temporary security zone at the Naval Mine and Anti-
Submarine Warfare Command to temporarily house the Navy's marine mammal 
program during the multi-year construction phase of the new fuel pier.
    The extended security zone at Naval Base Point Loma will add an 
additional 500 feet east to provide standoff from the new replacement 
fuel pier which will place the end of the pier closer to the federal 
channel in deeper water. The marine mammal pen security zone will also 
be established at the Naval Mine and Anti-Submarine Warfare Command to 
provide a 100 foot standoff for marine mammal pens. The marine mammal 
pens need to be moved due to the construction activity and noise near 
their current pens.
    Both security zones will safeguard Naval assets, such as vessels 
and waterfront facilities from destruction, loss or injury from 
sabotage, or other subversive acts, accidents or other causes of a 
similar nature and still allow for safe navigation around the security 
zones. No persons or vessel may enter

[[Page 72026]]

or remain in the security zones without permission of the Captain of 
the Port, the Commander of Naval Base Point Loma, The Commander of the 
Naval Mine Anti Submarine Warfare Command, the Commander of Naval 
Region Southwest, or a designated representative of those individuals.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received 0 comments on the NPRM for this rule and 
as such, no changes have been made to the final rule.
    The Coast Guard at the request of the U.S. Navy is extending the 
existing security zone for the Naval Base Point Loma Fuel Pier and 
establishing a temporary security zone at the Naval Mine and Anti-
Submarine Warfare Command to temporarily house the Navy's marine mammal 
program during the construction phase of the new fuel pier.
    The extended security zone at Naval Base Point Loma will add an 
additional 500 feet east to provide standoff from the new replacement 
fuel pier which will exist closer to the federal channel in deeper 
water. The marine mammal pen security zone will also be established at 
the Naval Mine and Anti-Submarine Warfare Command to provide a 100 foot 
standoff for marine mammal pens. The marine mammal pens need to be 
moved due to the construction near their current pens. This project has 
been well advertised in the local community.
    Both security zones will safeguard Naval assets, such as vessels 
and waterfront facilities from destruction, loss or injury from 
sabotage, or other subversive acts, accidents or other causes of a 
similar nature and still allow for safe navigation around the security 
zones. No persons or vessel may enter or remain in the security zones 
without permission of the Captain of the Port, the Commander of Naval 
Base Point Loma, The Commander of the Naval Mine Anti Submarine Warfare 
Command, the Commander of Naval Region Southwest, or a designated 
representative of those individuals.
    The existing Naval Base Point Loma Fuel Pier security zone listed 
in 33 CFR 165.1102, is being amended to reflect the additional 500 feet 
of standoff distance adjacent to the fuel pier. The limits of the 
revised Naval Base Point Loma Fuel Pier security zone are bound by the 
following coordinates:

32[deg]42'28.8'' N, 117[deg]14'13.2'' W
32[deg]42'28.8'' N, 117[deg]14'12.6'' W
32[deg]42'10.2'' N, 117[deg]14'03.0'' W
32[deg]42'06.2'' N, 117[deg]14'01.5'' W
32[deg]41'49.5'' N, 117[deg]14'07.0'' W
32[deg]41'47.4'' N, 117[deg]14'11.4'' W
32[deg]41'43.8'' N, 117[deg]14'12.6'' W
32[deg]41'31.8'' N, 117[deg]14'13.8'' W
32[deg]41'33.0'' N, 117[deg]14'01.2'' W
32[deg]41'10.2'' N, 117[deg]13'57.0'' W
32[deg]41'10.2'' N, 117[deg]13'58.2'' W

    The security zone at the Naval Mine and Anti-Submarine Warfare 
Command will provide for 100 feet of standoff distance. The limits of 
the new Naval Mine and Anti-Submarine Warfare Command security zone are 
bound by the following coordinates:

32[deg]43'40.9'' N, 117[deg]12'54.9'' W
32[deg]43'40.6'' N, 117[deg]12'52.3'' W
32[deg]43'22.5'' N, 117[deg]12'57.8'' W
32[deg]43'23.4'' N, 117[deg]13'01.3'' W

    Both security zones safeguard Naval assets, such as vessels and 
waterfront facilities from destruction, loss or injury from sabotage, 
other subversive acts, accidents or other causes of a similar nature 
and still allow for safe navigation around the security zones.
    No persons or vessel may enter or remain in the security zones 
without permission of the Captain of the Port, the Commander of Naval 
Base Point Loma, the Commander of the Naval Mine Anti Submarine Warfare 
Command, the Commander of Naval Region Southwest, or a designated 
representative of those individuals.
    Before the rule becomes effective, the Coast Guard will publish a 
Coast Guard District Eleven Local Notice to Mariners information on the 
established and modified Naval security zones.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    This determination is based on the size, and location of the 
security zones. Vessels that may operate for recreational or commercial 
purposes within the area encompassed by the security zone expansion and 
establishment will not be impacted by the proposed regulation. 
Sufficient navigable water exists adjacent to the security zones and 
the Federal channel. Additionally, before the effective period, the 
Coast Guard will publish a Local Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received 0 comments from the Small Business 
Administration on this rule. 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.
    (1) 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 specified portions of San Diego Bay.
    (2) These security zones will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: The security zones will only apply to areas of the bay where 
vessel traffic is already aware of Naval vessel traffic and security 
concerns and sufficient navigable water exists adjacent to the security 
zones. Vessel traffic can transit safely around the security zones. 
Information on the security zones will be published in the Coast 
Guard's Local Notice to Mariners as well as updated on applicable 
nautical charts.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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

[[Page 72027]]

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.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of security zones. 
This rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are 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 rule.

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. 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, 
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]42'28.8'' N, 117[deg]14'13.2'' W (Point A)
32[deg]42'28.8'' N, 117[deg]14'12.6'' W (Point B)
32[deg]42'10.2'' N, 117[deg]14'03.0'' W (Point C)
32[deg]42'06.2'' N, 117[deg]14'01.5'' W (Point D)
32[deg]41'49.5'' N, 117[deg]14'07.0'' W (Point E)
32[deg]41'47.4'' N, 117[deg]14'11.4'' W (Point F)
32[deg]41'43.8'' N, 117[deg]14'12.6'' W (Point G)
32[deg]41'31.8'' N, 117[deg]14'13.8'' W (Point H)
32[deg]41'33.0'' N, 117[deg]14'01.2'' W (Point I)
32[deg]41'10.2'' N, 117[deg]13'57.0'' W (Point J)
32[deg]41'10.2'' N, 117[deg]13'58.2'' W (Point K)


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 areas of either zone is 
prohibited unless authorized by the Captain of the Port San Diego; 
Commanding Officer, Naval Base Point Loma; or Commander, Naval 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 Commanding Officer 
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,

[[Page 72028]]

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. Add Sec.  165.1103 to read as follows:


Sec.  165.1103  Security Zone; Naval Mine Anti Submarine Warfare 
Command; San Diego Bay, San Diego, CA.

    (a) Location. (1) The following area is a security zone: The water 
adjacent to the Naval Mine Anti Submarine Warfare Command, bound by the 
following coordinates:
32[deg]43'40.9'' N, 117[deg]12'54.9'' W (A)
32[deg]43'40.6'' N, 117[deg]12'52.3'' W (B)
32[deg]43'22.5'' N, 117[deg]12'57.8'' W (C)
32[deg]43'23.4'' N, 117[deg]13'01.3'' W (D)


Thence running generally northwest along the shoreline to Point A.
    (2) The proposed security zone at the Naval Mine Anti Submarine 
Warfare Command would be established to provide for the 100 feet of 
standoff distance.
    (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 areas of either zone is 
prohibited unless authorized by the Captain of the Port San Diego; 
Commanding Officer, Naval Mine Anti Submarine Warfare Command; or 
Commander, Naval 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 Mine Anti Submarine Warfare Command 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 Mine 
Anti Submarine Warfare Command, 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.

    Dated: October 30, 2013.
S. M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-28035 Filed 11-29-13; 8:45 am]
BILLING CODE 9110-04-P