[Federal Register: February 11, 2003 (Volume 68, Number 28)]
[Proposed Rules]
[Page 6844-6847]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe03-15]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP San Diego 03-010]
RIN 2115-AA97
Security Zones; San Diego Bay, CA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to expand the geographical boundaries
of the permanent security zones at Naval Base San Diego; Naval
Submarine Base, San Diego; and Naval Base Coronado, California at the
request of the U.S. Navy. Modification and expansion of these security
zones is needed to ensure the physical protection of naval vessels
moored within each zone by accommodating the Navy's placement of anti-
small boat barrier booms within the zones. Entry into these zones is
prohibited unless authorized by the Captain of the Port (COTP);
Commander, Naval Base San Diego; Commander, Naval Air Force, U.S.
Pacific Fleet; Commander, Submarine Force, U.S. Pacific Fleet
Representative, West Coast; Commander, Naval Base
[[Page 6845]]
Coronado; or the Commanding Officer, Naval Station, San Diego.
DATES: Comments and related material must reach the Coast Guard on or
before April 14, 2003.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office San Diego, 2716 North Harbor Drive, San Diego,
California, 92101. Marine Safety Office San Diego, Port Operations
Department maintains the public docket for these rulemakings. Comments
and material received from the public, as well as documents indicated
in this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at Coast
Guard Marine Safety Office San Diego, 2716 North Harbor Drive, San
Diego, California, 92101, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Joseph Brown, Port Safety
and Security, at (619) 683-6495.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in these rulemakings by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [COTP San
Diego 03-010], indicate the specific section of this document to which
each comment applies, and give the reason for each comment. Please
submit all comments and related material in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying. If you would
like to know your submission reached us, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change these
proposed rules in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Marine Safety Office San Diego at
the address under ADDRESSES explaining why one would be beneficial. If
we determine that one would aid these rulemakings, we will hold one at
a time and place announced by a separate notice in the Federal
Register.
Background and Purpose
On September 16th and 17th, 2002, the Coast Guard published three
temporary final rules suspending 33 CFR 165.1101, 33 CFR 165.1103, and
33 CFR 165.1104 and implementing temporary security zones at Naval Base
San Diego, Naval Base Coronado, and Naval Submarine Base San Diego. See
67 FR 58524, 67 FR 58526, and 67 FR 58333. Modified versions of these
zones have been in place since 1998 and the Coast Guard has not
received any comments during that time and no negative incidents have
been reported.
The U.S. Navy requested that Coast Guard implement these security
zones in coordination with their installation of anti-small boat
barrier booms at the three locations. If you would like to obtain
information about the U.S. Navy's action, contact the Assistant Chief
of Port Operations, Navy Region Southwest at 619-556-2400.
The Coast Guard proposes to modify the security zones to allow the
U.S. Navy to put anti-small boat barrier booms at Naval Base San Diego
(33 CFR 165.1101); Naval Submarine Base, San Diego (33 CFR 165.1103);
and Naval Base Coronado (33 CFR 165.1104). The modification and
expansion of these security zones is needed to ensure the physical
protection of naval vessels moored in the area by providing adequate
stand-off distance. The Coast Guard's action supports the Navy's action
and is limited to the expansion of the existing zones.
The modification and expansion of these security zones will also
prevent recreational and commercial craft from interfering with
military operations involving all naval vessels home-ported at Naval
Base Coronado, Naval Submarine Base San Diego, and Naval Base San
Diego, and it will protect transiting recreational and commercial
vessels, and their respective crews, from the navigational hazards
posed by such military operations. It will also safeguard vessels and
waterside facilities from destruction, loss, or injury from sabotage or
other subversive acts, accidents, or other causes of a similar nature.
Entry into, transit through, or anchoring within this security zone is
prohibited unless authorized by the Captain of the Port San Diego;
Commander, Naval Air Force, U.S. Pacific Fleet; Commander, Submarine
Force, U.S. Pacific Fleet Representative, West Coast; Commander, U.S.
Naval Base San Diego; Commander, Navy Region Southwest; Commanding
Officer, Naval Station, San Diego; or Commander, Naval Base Coronado.
Discussion of Proposed Rule
Specifically, the Coast Guard is expanding the security zone
boundaries at the request of the U.S. Navy so that the U.S. Navy can
install anti-small boat barrier booms.
In its effort to thwart terrorist activity, the Coast Guard has
increased safety and security measures on U.S. ports and waterways. As
part of the Diplomatic Security and Antiterrorism Act of 1986 (Pub. L.
99-399), Congress amended section 7 of the Ports and Waterways Safety
Act (PWSA), 33 U.S.C. 1226, to allow the Coast Guard to take actions,
including the establishment of security and safety zones, to prevent or
respond to acts of terrorism against individuals, vessels, or public or
commercial structures. The Coast Guard also has authority to establish
security zones pursuant to the Act of June 15, 1917, as amended by the
Magnuson Act of August 9, 1950 (50 U.S.C. 191 et seq.) and implementing
regulations promulgated by the President in Subparts 6.01 and 6.04 of
Part 6 of Title 33 of the Code of Federal Regulations.
Vessels or persons violating this section will be subject to the
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Pursuant to 33
U.S.C. 1232, any violation of the security zone described herein, is
punishable by civil penalties (not to exceed $27,500 per violation,
where each day of a continuing violation is a separate violation),
criminal penalties (imprisonment up to 6 years and a maximum fine of
$250,000), and in rem liability against the offending vessel. Any
person who violates this section, using a dangerous weapon, or who
engages in conduct that causes bodily injury or fear of imminent bodily
injury to any officer authorized to enforce this regulation, also faces
imprisonment up to 12 years. Vessels or persons violating this section
are also subject to the penalties set forth in 50 U.S.C. 192: seizure
and forfeiture of the vessel to the United States, a maximum criminal
fine of $10,000, and imprisonment up to 10 years, and a civil penalty
of not more than $25,000 for each day of a continuing violation.
The Captain of the Port will enforce these zones and may enlist the
aid and cooperation of any Federal, State, county, municipal, and
private agency to assist in the enforcement of the regulation. This
regulation is proposed under the authority of 33 U.S.C. 1226 in
addition to the authority contained in 50 U.S.C. 191 and 33 U.S.C.
1231.
Regulatory Evaluation
These proposed rules are not a ``significant regulatory action''
under section 3(f) of Executive Order 12866, Regulatory Planning and
Review, and do 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 them under that Order. They
[[Page 6846]]
are not significant under the regulatory policies and procedures of the
Department of Transportation (DOT) (44 FR 11040, February 26, 1979).
We expect the economic impact of these proposed rules to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
Due to National Security interests, the implementation of these
security zones 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 U.S. Naval vessels, their crews, adjoining
areas, and the public. The entities most likely to be affected, if any,
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 vessels,
their crews, and the public.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether these proposed rules 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 these proposed
rules would not have a significant economic impact on a substantial
number of small entities because the expanded zones will still allow
sufficient room for vessels to transit the channel unimpeded.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that these rules would
have a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree these rules would economically affect it.
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 these proposed rules so that they can better
evaluate its effects on them and participate in the rulemakings. If the
proposed rules would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Joseph Brown,
Marine Safety Office San Diego at (619) 683-6495.
Collection of Information
These proposed rules would call 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 these proposed
rules under that Order and have determined that they do 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 these proposed rules would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
These proposed rules would not affect 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
These proposed rules meet 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 these proposed rules under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. These rules are not an economically significant rule and would
not create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
These proposed rules do not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because they would 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. We
invite your comments on how these proposed rules might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed these proposed rules under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that these are not a
``significant energy action'' under that order because they are not a
``significant regulatory action'' under Executive Order 12866 and are
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. They have not been designated by the
Administrator of the Office of Information and Regulatory Affairs as
significant energy actions. Therefore, they do not require a Statement
of Energy Effects under Executive Order 13211.
Environment
We have considered the environmental impact of these proposed rules
and concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, these rules are categorically excluded from
further environmental documentation because our action is limited to
the expansion of existing security zones. The U.S. Navy has separately
considered the impact of their proposed project including the placement
of anti-small boat barrier booms. While we reviewed the Navy's
environmental documentation, our analysis pertains solely to the
expanded placement of the small markers designating the security zones
already in the waterway. ``Categorical Exclusion Determinations'' 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 proposes
to amend 33 CFR part 165 as follows:
[[Page 6847]]
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. Revise Sec. 165.1101 to read as follows:
Sec. 165.1101 Security Zone: San Diego Bay, CA.
(a) Location. The following area is a security zone: the water area
within Naval Station, San Diego enclosed by the following points:
Beginning at 32[deg]41'16.5'' N, 117[deg]08'01'' W (Point A); thence
running southwesterly to 32[deg]41'02.5'' N, 117[deg]08'08.5'' W (Point
B); to 32[deg]40'55.0'' N 117[deg]08'00.0'' W (Point C); to 32[deg]40'
49.5'' N 117[deg]07'55.5'' W (Point D); to 32[deg]40'44.6'' N,
117[deg]07'49.3'' W (Point E); to 32[deg]40'37.8 N 117[deg]07'43.2'' W,
(Point F); to 32[deg]40'30.9'' N, 117[deg]07'39.0'' W (Point G);
32[deg]40'24.5'' N, 117[deg]07'35.0'' W (Point H); to 32[deg]40'17.2''
N, 117[deg]07'30.8'' W (Point I); to 32[deg]40'10.6'' N,
117[deg]07'30.5'' W (Point J); to 32[deg]39'59.0'' N, 117[deg]07'29.0''
W (Point K); to 32[deg]39'49.8'' N, 117[deg]07'27.2'' W (Point L); to
32[deg]39'43.0'' N, 117[deg]07'25.5'' W (Point M); 32[deg]39'36.5'' N,
117[deg]07'24.2'' W, (Point N); thence running easterly to
32[deg]39'38.5'' N, 117[deg]07'06.5'' W (Point O); thence running
generally northwesterly along the shoreline of the Naval Station to the
place of beginning. All coordinates referenced use datum: NAD 1983.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into the area of this zone is
prohibited unless authorized by the Captain of the Port San Diego;
Commander, Naval Base San Diego; Commander, Navy Region Southwest; or
the Commanding Officer, Naval Station, San Diego.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 619-683-6495 or on
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of this security zone by the U. S. Navy.
3. Revise [deg]165.1103 to read as follows:
Sec. 165.1103 Security Zone: San Diego Bay, CA.
(a) Location. The following area is a security zone: The water
adjacent to the Naval Submarine Base, San Diego commencing on a point
on the shoreline of Ballast Point, at 32[deg]41'11.2'' N,
117[deg]13'57.0'' W (Point A), thence northerly to 32[deg]41'31.8'' N,
117[deg]14'00.6'' W (Point B), thence westerly to 32[deg]41'32.7'' N,
117[deg]14'03.2'' W (Point C), thence southwesterly to 32[deg]41'30.5''
N, 117[deg]14'17.5'' W (Point D), thence generally southeasterly along
the shoreline of the Naval Submarine Base to the point of beginning,
(Point A). All coordinates referenced use datum: NAD 1983.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into the area of this zone is
prohibited unless authorized by the Captain of the Port San Diego;
Commander, Submarine Force, U.S. Pacific Fleet Representative, West
Coast; or Commander, Naval Base San Diego.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 619-683-6495 or on
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of this security zone by the U.S. Navy.
4. Revise Sec. 165.1104 to read as follows:
Sec. 165.1104 Security Zone: San Diego Bay, CA.
(a) Location. The following area is a security zone: on the waters
along the northern shoreline of Naval Base Coronado, the area enclosed
by the following points: Beginning at 32[deg]42'53.0''N,
117[deg]11'45.0'' W (Point A); thence running northerly to
32[deg]42'55.5''N, 117[deg]11'45.0''W, (Point B); thence running
easterly to 32[deg]42'57.0''N, 117[deg]11'31.0''W, (Point C); thence
southeasterly to 32[deg]42'42.0''N, 117[deg]11'04.0''W (Point D);
thence southeasterly to 32[deg]42'21.0''N, 117[deg]10'47.0''W (Point E)
thence running southerly to 32 [deg]42'13.0'' N, 117 [deg]10'51.0'' W
(Point F); thence running generally northwesterly along the shoreline
of Naval Base Coronado to the place of beginning. All coordinates
referenced use datum: NAD 1983.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33, entry into the area of this zone is prohibited unless
authorized by the Captain of the Port San Diego; Commander, Naval Air
Force, U.S. Pacific Fleet; Commander, Navy Region Southwest; or
Commanding Officer, Naval Base Coronado.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 619-683-6495 or on
VHF channel 16 (156.8 MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of this security zone by the U.S. Navy.
Dated: January 23, 2003.
Stephen P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego,
California.
[FR Doc. 03-3263 Filed 2-10-03; 8:45 am]
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