[Federal Register: January 24, 2003 (Volume 68, Number 16)]
[Rules and Regulations]
[Page 3397-3399]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja03-11]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP San Diego 03-002]
RIN 2115-AA97
Security Zone; Waters Adjacent to Embarcadero Park and Campbell
Shipyard, San Diego, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone in
the waters adjacent to Embarcadero Park and Campbell Shipyard, San
Diego Bay, San Diego, CA. This temporary security zone is necessary to
ensure the safety of the participants, spectators and users of the
waterway during the National Football League Super Bowl XXXVII NFL
Experience event. Persons and vessels are prohibited from entering
into, transiting through, or anchoring within the security zone unless
authorized by the Captain of the Port, or his designated
representative.
DATES: This rule is effective from 8 a.m. (PDT) on January 18, 2003 to
2 a.m. (PDT) January 27, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket COTP San Diego 03-002 and are available
for inspection or copying at U.S. Coast Guard Marine Safety Office San
Diego, CA, 2716 N. Harbor Drive, San Diego, CA 92101, between 9 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer First Class Jeff Brown,
Marine Safety Office San Diego, at (619) 683-6495.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Due to the complex planning
for this event many details were not finalized in time to publish a
notice of proposed rulemaking. Publishing a NPRM and delaying the
effective date would be contrary to the public interest since the event
would occur before the rulemaking process was complete.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. In addition to the reasons
[[Page 3398]]
stated above, it would be contrary to the public interest since action
is needed to ensure the protection of the public and commercial
structures and individuals near or in this structure during the
National Football League Super Bowl XXXVII NFL Experience event.
Background and Purpose
Due to the high profile of the Super Bowl, this action is necessary
to ensure public safety and prevent sabotage or terrorist acts against
the public and commercial structures and individuals near or in this
structure during the NFL Experience event to be held at Embarcadero
Park and Campbell Shipyard.
The security zone consists of the navigable waters surrounding
Embarcadero Park and Campbell Shipyard. The security zone follows along
the northern portion of the designated channel in this area as to not
impact traffic in the channel. The exact coordinates can be found in
the regulatory text.
The zone will be in effect from 8 a.m. (PDT) on January 18, 2003 to
2 a.m. (PDT) January 27, 2003.
Coast Guard and San Diego Harbor Police will patrol and enforce the
security zone. See 33 CFR 6.04-11, Assistance of other agencies.
Persons and vessels wishing to enter into or transit through this
security zone are required to receive authorization by the Captain of
the Port, or his designated representative.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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.
It is not ``significant'' under the regulatory policies and procedures
of the Department of Transportation (DOT) (44 FR 11040, February 26,
1979).
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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.
The Super Bowl committee has leased out the entire area affected by
this Security zone with the exception to the Marriott Marina. The
owners and operators of this marina will not be prohibited from
transiting in and out of the marina at their leisure. All vessels will
be authorized to transit through the zone after receiving permission
from the Captain of the Port or his designated representative. Any
vessel transiting through this zone is required to transit at a speed
of not greater than 5 knots, excluding Coast Guard and Harbor Police
vessels patrolling the security zone. Before the effective period,
Marine Safety Office San Diego will issue maritime advisories to users
of San Diego Bay.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), 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. If your
small business or organization is affected by this rule or if you have
questions concerning its provisions or options for compliance, please
contact Petty Officer First Class Jeff Brown, U.S. Coast Guard Marine
Safety Office San Diego at (619) 683-6495. 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).
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 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.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
[[Page 3399]]
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under figure 2-1, paragraph (34)(g)), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record-
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Add new temporary Sec. 165.T11-040 is added to read as follows:
Sec. 165.T11-040 Security Zone, Waters adjacent to Embarcadero Park
and Campbell Shipyard, San Diego, CA.
(a) Location. The security zone consists of the navigable waters
surrounding Embarcadero Park and Campbell Shipyard. The security zone
follows along the northern portion of the designated channel in this
area as to not impact traffic in the channel. The limits of the
security zone are more specifically defined as the area enclosed by the
following points: starting on shore at 32[deg] 42'30'' N, 117[deg]
10'12'' W; then extending southwesterly to 32[deg] 42'34'' N, 117[deg]
10'22'' W; thence southerly to 32[deg] 42'04'' N, 117[deg] 10'08'' W;
then southeasterly to 32[deg] 42'09'' N, 117[deg] 09'52'' W; then south
to 32[deg] 42'04'' N, 117[deg] 09'44'' W, then easterly to a point on
shore at 32[deg] 42'08'' N, 117[deg] 09'31'' W. All coordinates are
North American Datum 1983.
(b) Effective period. The zone will be in effect from 8 a.m. (PDT)
on January 18, 2003 to 2 a.m. (PDT) January 27, 2003. If the need for
the security zone ends before the scheduled termination time, the
Captain of the Port will cease enforcement of this security zone and
will announce that fact via Broadcast Notice to Mariners.
(c) Regulations. In accordance with the general regulations in
Sec. 165.33 of this part, entry into, transit through, or anchoring
within the security zone by all vessels is prohibited, unless
authorized by the Captain of the Port, or his designated
representative. The San Diego Harbor Police may assist the Coast Guard
in the patrol and enforcement of this security zone. Vessels requesting
transit through the security zone will need to contact the Coast Guard
patrol boat in the area via VHF-FM channel 16 prior to entering the
zone. Upon authorization to enter the security zone, any vessel
transiting through this zone is required to transit at a speed of not
greater than 5 knots. All Coast Guard and Harbor Police vessels
patrolling and enforcing the security zone are exempt from the 5 knot
speed limit. All other general regulations of Sec. 165.33 of this part
apply in the security zone established by this temporary regulation.
Dated: January 15, 2003.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego,
California.
[FR Doc. 03-1598 Filed 1-23-03; 8:45 am]
BILLING CODE 4910-15-P