[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Proposed Rules]
[Pages 67673-67676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27707]
[[Page 67673]]
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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 From 100 to 500 Yards;
San Francisco Bay, Delta Ports, Monterey Bay, and Humboldt Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes a permanent increase in security zone
size from 100 yards (91 meters) to 500 yards (457 meters) on the
navigable waters of San Francisco Bay, Delta Ports, Monterey Bay, and
Humboldt Bay, CA. Security zones are necessary to effectively protect
high value assets (HVAs) such as cruise ships, high interest vessels
(HIV), or tankers, as defined in 33 CFR 165.1183. A security zone is
only enforceable within the limits of that zone. The limitation of the
100 yard (91 meters) security zone hinders reaction time and the
ability of the coxswains to determine the target of interest's (TOI)
intent, properly assess the situation, and execute protective measures
for HVAs. 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 her designated
representative.
DATES: Comments and related material must be received by the Coast
Guard on or before December 3, 2010. Requests for public meetings must
be received by the Coast Guard on or before November 22, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-1004 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: 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.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
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 or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-1004), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-1004'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-1004'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
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 and Coastal Security
(PWCS) stations, has led Enforcement staff and field units to determine
that the current 100-yard (91 meters) security zones are not adequate
enough to protect a high value asset from sabotage, subversive acts,
[[Page 67674]]
accidents, criminal actions, or other causes of a similar nature. While
enforcing a security zone, screening or reaction vessels are required
to wait until a target of interest (TOI) enters the zone prior to
taking preventative measures against the TOI from approaching a high
value asset.
The increase of the security zones to 500 yards (457 meters) would
allow reaction time to a vessel closing in at 20 knots to increase from
9 seconds (for 100 yards/91 meters) to 36 seconds (for 500 yards/457
meters). A 500 yard (457 meters) security zone would increase reaction
time, allow proper assessment of the situation, and would improve the
ability of the tactical coxswains to properly execute protective
measures.
Discussion of Proposed Rule
The Coast Guard proposes to establish a permanent increase in
security zone size from 100 yards (91 meters) to 500 yards (457 meters)
of any cruise ship, tanker or HIV that is underway, anchored, or moored
within the navigable waters of San Francisco Bay, Delta Ports, Monterey
Bay, and Humboldt Bay, CA.
``Cruise ship,'' ``tanker'' and ``HIV'' are defined under 33 CFR
165.1183 (b). Security zones are necessary to effectively protect these
high value assets from sabotage or other subversive acts, accidents,
criminal actions, or other causes of a similar nature. Persons and
vessels will be prohibited from entering into, transiting through, or
anchoring within the temporary safety zones unless authorized by the
Captain of the Port, or her designated representative.
Security zones will be enforced by Coast Guard patrol craft and San
Francisco Harbor Police as authorized by the Captain of the Port. See
33 CFR 6.04-11, Assistance of other agencies.
Regulatory Analyses
We developed this proposed 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 proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
These regulations exist for a limited period of time on a limited
portion of the waterways. Further, individuals and vessels desiring to
use the affected portion of the waterways may seek permission from the
Patrol Commander to use the affected areas.
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
special local regulations 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule 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 this rule 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 this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Junior Grade Allison
A. Natcher, U.S. Coast Guard Sector San Francisco; telephone 415-399-
7442 e-mail [email protected]. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule 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 this proposed 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 proposed rule would 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 would 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.
Civil Justice Reform
This proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to
[[Page 67675]]
safety that might disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it 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.
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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
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 proposed 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 proposes
to amend 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. 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.
2. Revise Sec. 165.1183 to read as follows:
Sec. 165.1183 Security Zones; Cruise Ships, Tankers and High Interest
Vessels, San Francisco Bay and Delta Ports, Monterey Bay and Humboldt
Bay, California.
(a) Locations. (1) San Francisco Bay. All waters, extending from
the surface to the sea floor, within 500 yards (457 meters) ahead,
astern, and extending 500 yards (457 meters) along either side of any
cruise ship, tanker, or HIV that is underway, anchored, or moored
within the San Francisco Bay and Delta port areas shoreward of the line
drawn between San Francisco Main Ship Channel buoys 7 and 8 (LLNR 4190
& 4195, 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 500
yards (457 meters) along either side of any cruise ship, tanker, or HIV
that is underway, 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 500
yards (457 meters) along either side of any cruise ship, tanker, or HIV
that is underway, 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.
(b) Definitions. As used in this section--
Cruise ship means any vessel over 100 gross register tons, carrying
more than 12 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.
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.
High Interest Vessel or HIV means any vessel deemed by the Captain
of the Port, or higher authority, as a vessel requiring protection
based upon risk assessment analysis of the vessel and is therefore
escorted by a Coast Guard or other law enforcement vessel with an
embarked Coast Guard commissioned, warrant, or petty officer.
Tanker means any self-propelled tank vessel constructed or adapted
primarily to carry oil or hazardous materials in bulk in the cargo
spaces.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or remaining in the zones
described in paragraph (a) of this section is prohibited unless
authorized by the Coast Guard Captain of the Port, San Francisco Bay,
or her designated representative.
(2) Mariners seeking permission to transit through a security zone
described in paragraph (a) of this section may request authorization to
do so from the Patrol Commander (PATCOM), a designated representative.
The PATCOM may be contacted on VHF-FM Channel 16.
(3) All persons and vessels granted permission to enter a security
zone must 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
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operator of a vessel shall proceed as directed.
(5) The Coast Guard may be assisted by other federal, state, or
local agencies.
Dated: October 19, 2010.
C.L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2010-27707 Filed 11-2-10; 8:45 am]
BILLING CODE 9110-04-P