[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Rules and Regulations]
[Pages 15216-15218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6579]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0038]
RIN 1625-AA87
Security Zones; Cruise Ships, Port of San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending its regulations for Security
Zones; Cruise Ships, Port of San Diego, California, by providing a
common description of all security zones created by this section to
encompass only navigable waters within a 100 yard radius around any
cruise ship that is located within the San Diego port area landward of
the sea buoys bounding the Port of San Diego. This final rule removes a
reference to shore area that is no longer necessary to provide for the
safety of the cruise ship, vessels, and users of the waterway. Entry
into these security zones will be prohibited unless specifically
authorized by the Captain of the Port (COTP) San Diego, or a COTP
designated representative.
DATES: This rule is effective April 20, 2011.
ADDRESSES: The contents of the online docket for this rulemaking,
USCG-2011-0038, may be viewed by going to http://www.regulations.gov,
inserting USCG-2011-0038 in the ``Keyword'' box, and then clicking
``Search.'' This material is also available for inspection or copying
at the 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, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
proposed rule, call or e-mail Commander Michael B. Dolan, Prevention,
Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7261, e-
mail [email protected]. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
Regulatory Information
On January 27, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Security Zones; Cruise Ships, Port of San Diego,
California in the Federal Register (76 FR 4833). We received no
comments on the proposed rule, either through the electronic docket
office, or directly to Coast Guard Sector San Diego. A public meeting
was not requested, and none were held. The telephone number listed in
the proposed rule to contact the Captain of the Port listed was
incorrect. We have corrected it in this final rule.
Basis and Purpose
Based on experience with actual security zone enforcement
operations, the COTP San Diego has concluded that a security zone
encompassing all navigable waters, extending from the surface to the
sea floor, within a 100 yard radius around any cruise ship that is
within the San Diego port area inside the sea buoys bounding the Port
of San Diego would provide for the safety of the cruise ship, vessels,
and users of the waterway. Therefore, no reference to shore area in
security zones for moored cruise ships is required.
Background
The Coast Guard is establishing a permanent security zone
regulation. The security zones created by this rule will encompass all
navigable waters, extending from the surface to the sea floor, within a
100 yard radius around any cruise ship that is within the San Diego
port area inside the sea buoys bounding the Port of San Diego. These
security zones are necessary to provide for the safety of the cruise
ship, other vessels and users of the waterway. Entry into these zones
will be prohibited unless specifically authorized by the
[[Page 15217]]
Captain of the Port (COTP) San Diego, or a COTP designated
representative.
Paragraph (b)(2) of the existing 33 CFR 165.1108 includes reference
to the shore area. The COTP has determined that security zones for
moored cruise ships in San Diego Harbor need not include any shore
area, as the shore side passenger terminals used for cruise ship
operations are regulated under regulations in 33 CFR part 105 issued
under authority of the Maritime Transportation Security Act of 2002
(Pub. L. 107-295). These MTSA regulations were published July 1 (68 FR
39315) and October 22, 2003 (68 FR 60515), months after the final rule
establishing 33 CFR 165.1108 was published on January 8, 2003 (68 FR
1005).
The Coast Guard issued a temporary final rule that suspends Sec.
165.1108 (b)(2) through June 20, 2011. See 75 FR 82243, December 30,
2010. With the issuance of this final rule, the temporary final rule of
December 30, 2010, is no longer needed. This final rule will remove
that section.
Further, this rule amends both 33 CFR 165.1108 (b) and (c). In
addition to clarifying the area covered by security zones created by
Sec. 165.1108 (b), this rule simplifies the regulation by not
distinguishing between anchored cruise ships, moored cruise ships and
cruise ships underway. Also, paragraph (c) is amended to make it
clearer that persons and vessels may not enter these security zones
without first obtaining permission of the Captain of the Port San
Diego.
Discussion of Comments and Changes
There were no comments submitted to the electronic docket or to
Coast Guard Sector San Diego. No changes were made from the proposed
regulation, except to correct the telephone number listed to contact
the Captain of the Port.
Regulatory Analyses
We developed this 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 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 Homeland Security (DHS). We expect the
economic impact of this rule to be so minimal that full Regulatory
Evaluation is unnecessary. Most of the entities likely to be affected
are pleasure craft engaged in recreational activities and sightseeing.
In addition, due to National Security interests, the implementation of
this security zone regulation is necessary for the protection of the
United States and its people. The size of the zones is the minimum
necessary to provide adequate protection for cruise ships.
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.
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 San Diego Bay within a 100-yard radius of cruise ships
covered by this rule.
This security zone regulation will not have a significant economic
impact on a substantial number of small entities because vessel traffic
can pass safely around the zones.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
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). 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.
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 (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.
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.
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
[[Page 15218]]
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. 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 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 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. This rule is categorically excluded,
under figure 2-1, paragraph (34)(g), of the Instruction. This rule
involves amending a security zone regulation by removing the reference
to shore area in security zones for moored cruise ships. An
environmental analysis checklist and a categorical exclusion
determination 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 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. In Sec. 165.1108, reinstate temporarily suspended paragraph (b)(2),
and then revise paragraphs (b) and (c) to read as follows:
Sec. 165.1108 Security Zones; Moored Cruise Ships, Port of San Diego,
California.
* * * * *
(b) Location. The following areas are security zones: All navigable
waters, extending from the surface to the sea floor, within a 100-yard
radius around any cruise ship that is located within the San Diego port
area landward of the sea buoys bounding the Port of San Diego.
(c) Regulations. Under regulations in 33 CFR part 165, subpart D, a
person or vessel may not enter into or remain in the security zones
created by this section unless authorized by the Coast Guard Captain of
the Port, San Diego (COTP) or a COTP designated representative. Persons
desiring to transit these security zones may contact the COTP at
telephone number (619) 278-7033 or on VHF-FM 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.
* * * * *
Sec. 165.T11-386 [Removed]
0
3. Remove Sec. 165.T11-386.
Dated: March 7, 2011.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2011-6579 Filed 3-16-11; 4:15 pm]
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