[Federal Register: January 24, 2003 (Volume 68, Number 16)]
[Rules and Regulations]
[Page 3399-3401]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja03-12]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP San Diego 03-004]
RIN 2115-AA97
Security Zone: Waters Adjacent to National City Marine Terminal,
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 the National City Marine Terminal, San Diego
Bay, San Diego, CA. This action is needed to protect the U.S. Naval
vessel(s) and their crew(s) during a military outload evolution at the
National City Marine Terminal from sabotage, or other subversive acts,
accidents, criminal actions or other causes of a similar nature. Entry,
transit, or anchoring in this zone is prohibited unless authorized by
the Captain of the Port (COTP) San Diego, or his designated
representative.
DATES: This rule is effective from 12 p.m. (noon) (PDT) on January 17,
2003 to 12 p.m. (noon) (PDT) on March 17, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [COTP San Diego 03-004], and are
available for inspection or copying at U.S. Coast Guard Marine Safety
Office San Diego, 2716 N. Harbor Dr. San Diego CA, 92101, between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Rick Sorrell,
Chief of Port Operations, U.S. Coast Guard Marine Safety Office San
Diego, at (619) 683-6495.
SUPPLEMENTARY INFORMATION:
Regulatory Information
This action is needed to protect the U.S. Naval vessel(s) and their
crew(s) during a military outload evolution at the National City Marine
Terminal from sabotage, or other subversive acts, accidents, criminal
actions or other causes of a similar nature. This temporary security
zone is necessary for protection of operations during a military
outload in support of Operation Enduring Freedom in the area and for
the protection of the operations from compromise and interference.
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 because it is not required in
this instance. Any delay in implementing this rule would be contrary to
the public interest since immediate action is necessary to ensure the
protection of the vessel and their crews during a military outload as
well as for the public and national security.
In keeping with the requirements of 5 U.S.C. 553(d) (3), the Coast
Guard also finds that good cause exists for making this regulation
effective less than 30 days after publication in the Federal Register.
Due to complex planning, national security reasons, and
coordination with all military schedules, information regarding the
precise location and date of the event necessitating promulgation of
this security zone and other logistical details surrounding the event
were not provided until a date fewer than 30 days prior to the event.
Due to the sensitive nature of the operations involved, it was
[[Page 3400]]
necessary for this information to be finalized at a later date.
Furthermore, in order to protect the interests of national
security, the Coast Guard is promulgating this temporary regulation to
provide safety and security of the U.S. Naval vessel(s) in the
navigable waters of the United States. As a result, the enforcement of
this security zone is a function directly involved in, and necessary to
military operations. Accordingly, based on the military function
exception set forth in the Administrative Procedure Act, 5 U.S.C.
553(a) (1), notice and comment rule-making and advance publication,
pursuant to 5 U.S.C. 553(b) and (d), are not required for this
regulation.
Background and Purpose
This action is needed to protect the U.S. Naval vessel(s) and their
crew(s) during a military outload evolution at the National City Marine
Terminal from sabotage, or other subversive acts, accidents, criminal
actions or other causes of a similar nature. This temporary security
zone is necessary for protection of operations during a military
outload in the area and for the protection of the operations from
compromise and interference.
The security zone consists of the navigable waters surrounding the
National City Marine Terminal and encompassing Sweetwater Channel. The
limits of this security zone are more specifically defined as the area
enclosed by the following points: starting on shore at 32[deg] 39'25''
N 117[deg] 07'15'' W, then extending northerly to 32[deg] 39'32'' N
117[deg] 07'16'' W, then extending westerly to 32[deg] 39'29'' N
117[deg] 07'36'' W, then southerly to 32[deg] 39'05'' N 117[deg]
07'34'' W, and then easterly to shore at 32[deg] 39'06'' N 117[deg]
07'14.5'' W. All coordinates are North American Datum 1983.
This zone will be in effect from 12 p.m. (noon) (PDT) on January
17, 2003 to 12 p.m. (noon) (PDT) on March 17, 2003.
The security zone will be enforced by Coast Guard patrol craft and
San Diego Harbor Police as enlisted by the COTP. See 33 CFR 6.04-11,
Assistance of other agencies.
Persons and vessels are prohibited from entering into or transiting
through this security zone unless authorized by the Captain of the
Port, or his designated representative.
This security zone is established pursuant to the authority of the
Magnuson Act regulations promulgated by the President under 50 U.S.C.
191, including subparts 6.01 and 6.04 of Part 6 of Title 33 of the Code
of Federal Regulations. Vessels or persons violating this section are
subject to he penalties set forth in 50 U.S.C. 192 which include
seizure and forfeiture of the vessel, a monetary penalty of not more
than $12,500, and imprisonment for not more than 10 years.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Transportation
(DOT)(44 FR 11040, February 26, 1979).
Due to National Security interests, the implementation of this
security zone is necessary for the protection of the United States and
its people. The size of the zone is the minimum necessary to provide
adequate protection for the U.S. Naval vessel(s), their crew(s),
adjoining areas, and the public. Most of the entities likely to be
affected are pleasure craft engaged in recreational activities and
sightseeing. Any hardships experienced by persons or vessels are
considered minimal compared to the national interest in protecting U.S.
Naval vessel(s), their crew(s), and the public. Accordingly, full
regulatory evaluation under paragraph 10 (e) of the regulatory policies
and procedures of the DOT is unnecessary.
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. The Coast Guard coordinated with known private business
owners in an effort to reduce any substantial impact on business.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offer to assist small
entities in understanding the rule so that they may 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 Lieutenant Commander Rick Sorrell, Chief of Port Operations,
U.S. Coast Guard Marine 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 and have
determined that this rule 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.
[[Page 3401]]
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. 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
We have 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 because we are establishing a security
zone. A ``Categorical Exclusion Determination'' and checklist are
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.T11-042 is added to read as follows:
Sec. 165.T11-042 Security Zone; National City Marine Terminal, San
Diego, CA.
(a) Location. The security zone consists of the navigable waters
surrounding the National City Marine Terminal and encompassing
Sweetwater Channel. The limits of this security zone are more
specifically defined as the area enclosed by the following points:
starting on shore at 32[deg]39'25'' N 117[deg]07'15'' W, then extending
northerly to 32[deg]39'32'' N 117[deg]07'16'' W, then extending
westerly to 32[deg]39'29'' N 117[deg]07'36'' W, then southerly to
32[deg]39'05'' N 117[deg]07'34'' W, and then easterly to shore at
32[deg]39'06'' N 117[deg]07'14.5'' W. All coordinates are North
American Datum 1983.
(b) Effective dates. This security zone will be in effect from 12
p.m. (noon) (PDT) on January 17, 2003 to 12 p.m. (noon) (PDT) on March
17, 2003.
(c) Enforcement. This security zone is necessary to protect a
military outload evolution which directly impacts national security. 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.
(d) 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. All other general regulations of Sec. 165.33 of this
part apply in the security zone established by this section.
(e) The U.S. Coast Guard may be assisted in the patrol and
enforcement of this security zone by the San Diego Harbor Police.
Dated: January 15, 2003.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego,
California.
[FR Doc. 03-1599 Filed 1-23-03; 8:45 am]
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