[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Rules and Regulations]
[Pages 20843-20845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9052]
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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 Under 33 CFR 165.1183
From 100 to 500 Yards; San Francisco Bay, Delta Ports, Monterey Bay,
and Humboldt Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard will enforce a permanent increase in security
zone size from 100 yards (91 meters) to 500 yards (457 meters) for
tankers, cruise ships, and High Value Assets (HVAs) while underway on
the navigable waters of San Francisco Bay, Delta Ports, Monterey Bay,
and Humboldt Bay, CA. Once a tanker, cruise ship, or HVA is anchored or
moored within the navigable waters of San Francisco Bay, Delta Ports,
Monterey Bay, and Humboldt Bay, CA, the security zone will decrease
from 500 yards (457 meters) to 100 yards (91 meters). Security zones
are necessary to effectively protect HVAs and are only enforceable
within the limits of that zone. 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 their
designated representative.
DATES: This rule is effective May 16, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket
are part of docket USCG-2010-1004 and are available by going http://www.regulations.gov, inserting USCG-2010-1004, in the ``keyword'' box,
and clicking ``Search.'' They are 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 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 3, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Security Zone; Increase of Security Zones under 33 CFR
165.1183 from 100 to 500 yards; San Francisco Bay, Delta Ports,
Monterey Bay, and Humboldt Bay, CA in the Federal Register (75FR212).
We received 5 comments on the proposed rule. No public meeting was
requested, and none was held.
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 & Coastal Security
(PWCS) stations, has led Enforcement staff and field units to determine
that 100-yard (91 meters) security zones are not adequate enough to
protect transiting vessels from sabotage, subversive acts, accidents,
criminal actions, or other causes of a similar nature. A 500 yard (457
meters)
[[Page 20844]]
security zone increases reaction time, allows proper assessment of the
situation, and improves the ability of the tactical coxswains to
properly execute protective measures.
Discussion of Comments and Changes
The Coast Guard received general comments on the NPRM concerned
that the increased size of the security zone would increase hazards to
navigation since 500 yards limits access to large portions of the San
Francisco Bay. This included anchorages, leading to an increase of
recreational boaters transiting through the main shipping channels. In
addition, recreational boaters questioned how the security zone would
be enforced when patrol boats were no longer on scene with the vessel.
From this input, the Coast Guard is revising the final rule so that the
Coast Guard will enforce a permanent increase in security zone size
from 100 yards (91 meters) to 500 yards (457 meters) for tankers,
cruise ships, and High Value Assets (HVAs) while underway on the
navigable waters of San Francisco Bay, Delta Ports, Monterey Bay, and
Humboldt Bay, CA. Once a tanker, cruise ship, or HVA is anchored or
moored within the navigable waters of San Francisco Bay, Delta Ports,
Monterey Bay, and Humboldt Bay, CA, the security zone will decrease
from 500 yards (457 meters) to 100 yards (91 meters). The definition
for High Interest Vessel (HIV) is being removed and will be replaced
with the term HVA because it covers a broader range of vessels that
require security zones.
Security zones will be enforced by Coast Guard patrol craft and
other law enforcement agencies as authorized by the Captain of the
Port. See 33 CFR 6.04-11, Assistance of other agencies.
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.
The effect of this regulation will not be significant because the
500 yard (457 meters) increase will be activated while High Value
Assets (HVAs) are underway on the navigable waters of San Francisco
Bay, Delta Ports, Monterey Bay, and Humboldt Bay, CA. Once the HVA is
anchored or moored within the navigable waters of San Francisco Bay,
Delta Ports, Monterey Bay, and Humboldt Bay, CA, the security zone will
decrease from 500 yards (457 meters) to 100 yards (91 meters).
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
security zone 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.
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 proposed rule will not effect 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 might
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal implications under Executive Order
[[Page 20845]]
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 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 concluded that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. 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. 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.
0
2. Revise Sec. 165.1183 to read as follows:
Sec. 165.1183 Security Zones; tankers, cruise ships, and High Value
Assets, San Francisco Bay and Delta Ports, Monterey Bay and Humboldt
Bay, California
(a) Definitions. The following definitions apply to these
sections--(1) Cruise ship means any vessel over 100 gross register
tons, carrying more than 500 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.
(2) High Value Asset means any waterside asset of high value
including military and commercial vessels, or commercial vessels
carrying CDC as defined in 33 CFR 160.204, deemed by the Captain of
Port, or higher authority, as requiring protection based upon risk
assessment analysis and is therefore escorted by the Coast Guard or
other law enforcement vessel with an embarked Coast Guard commissioned,
warrant, or petty officer.
(3) Tanker means any self-propelled tank vessel constructed or
adapted primarily to carry oil or hazardous materials in bulk in the
cargo spaces.
(4) 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.
(b) Locations. (1) San Francisco Bay. All waters, extending from
the surface to the sea floor, within 500 yards (457 meters) ahead,
astern and extending along either side of a tanker, cruise ship, or HVA
underway (100 yards when anchored or moored) within the San Francisco
Bay and areas shoreward of the line drawn between San Francisco Main
Ship Channel buoys 7 and 8(LLNR 4190 & 4195) in 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 along
either side of a tanker, cruise ship, or HVA underway (100 yards when
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 along
either side of a tanker, cruise ship, or HVA underway (100 yards when
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.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into or remaining in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port,
San Francisco Bay, or a designated representative.
(2) Mariners requesting permission to transit through the security
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
(3) All persons and vessels shall 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 operator of a vessel
shall proceed as directed.
(5) The Coast Guard may be assisted by other Federal, State, or
local agencies.
Dated: March 30, 2011.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2011-9052 Filed 4-13-11; 8:45 am]
BILLING CODE 9110-04-P