![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Security Zone; San Diego, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 6, 2002 (Volume 67, Number 25)]
[Rules and Regulations]
[Page 5480-5482]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe02-12]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP San Diego 01-020]
RIN 2115-AA97
Security Zone; San Diego, CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone in
the waters adjacent to the San Onofre Nuclear Generating Station in San
Diego, CA. This action is necessary to ensure public safety and prevent
sabotage or terrorist acts against the public and commercial structures
and individuals near or in this structure. This security zone will
prohibit all persons and vessels from entering, transiting through or
anchoring within the security zone unless authorized by the Captain of
the Port (COTP), or his designated representative.
DATES: This rule is effective from 6 p.m. (PDT) on October 25, 2001 to
3:59 p.m. (PDT) on June 21, 2002.
ADDRESSES: Any 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 COTP San Diego 01-020, 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 9 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: PO Christopher Farrington, Marine
Safety Office San Diego, at (619) 683-6495.
SUPPLEMENTARY INFORMATION:
Regulatory Information
As authorized by 5 U.S.C. 553, we did not publish a notice of
proposed rulemaking (NPRM) for this regulation. In keeping with the
requirements of 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM, and that under 5 U.S.C. 553
(d)(3), good cause exists for making this regulation effective less
than 30 days after publication in the Federal Register.
On September 11, 2001, two commercial aircraft were hijacked from
Logan Airport in Boston, Massachusetts and flown into the World Trade
Center in New York, New York inflicting catastrophic human casualties
and property damage. A similar attack was conducted on the Pentagon in
Arlington, Virginia on the same day. National security officials warn
that future terrorist attacks against civilian targets may be
anticipated. A heightened level of security has been established
concerning all vessels operating in the waters adjacent to the San
Onofre Nuclear Generating Station area. This security zone is needed to
protect the United States and more specifically the personnel and
property of the San Onofre Nuclear Generating Station.
The delay inherent in the NPRM process, and any delay in the
effective date of this rule, is contrary to the public interest insofar
as it may render individuals and facilities within and adjacent to the
San Onofre Nuclear Generating Station vulnerable to subversive
activity, sabotage or terrorist attack. The measures contemplated by
the rule are intended to prevent future terrorist attacks against
individuals and facilities within or adjacent to the San Onofre Nuclear
Generating Station facility. Immediate action is required to accomplish
this objective. Any delay in the effective date of this rule is
impracticable and contrary to the public interest.
Background and Purpose
On September 11, 2001, terrorists launched attacks on civilian and
military targets within the United States killing large numbers of
people and damaging properties of national significance. Vessels
operating near the San Onofre Nuclear Generating Station present
possible platforms from which individuals may gain unauthorized access
to this installation, or launch terrorist attacks upon the waterfront
structures and adjacent population centers.
As part of the Diplomatic Security and Antiterrorism Act of 1986
(Pub. L. 99-399), Congress amended The Ports and Waterways Safety Act
(PWSA) 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. 33 U.S.C. 1226. The terrorist acts against the United
States on September 11, 2001, have increased the need for safety and
security measures on U.S. ports and waterways. In response to these
terrorist acts, and in order to prevent similar occurrences, the Coast
Guard is establishing a temporary security zone in the navigable waters
of the United States adjacent to the San Onofre Nuclear Generating
Station.
This temporary security zone is necessary to provide for the safety
and security of the United States of America and the people, ports,
waterways and
[[Page 5481]]
properties within the San Onofre Nuclear Generating Station area. This
temporary security zone, which prohibits all vessel traffic from
entering, transiting or anchoring within a one nautical mile radius of
San Onofre Nuclear Generating Station, is necessary for the security
and protection of the San Onofre Nuclear Generating Station. This zone
will be enforced by the official patrol (Coast Guard commissioned,
warrant or petty officers) onboard Coast Guard vessels and patrol
craft. The official patrol may also be onboard patrol craft and
resources of any government agency that has agreed to assist the Coast
Guard in the performance of its duties.
Persons and vessels are prohibited from entering into this security
zone unless authorized by the Captain of the Port or his designated
representative. Each person and vessel in a security zone must obey any
direction or order of the COTP. The COTP may remove any person, vessel,
article, or thing from a security zone. No person may board, or take or
place any article or thing on board any vessel in a security zone
without the permission of the COTP.
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 for not more than
6 years and a fine of not more than $250,000), in rem liability against
the offending vessel, and license sanctions. Any person who violates
this regulation, 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 (class C felony).
Regulatory Evaluation
This temporary final 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 the recent terrorist actions against the United States the
implementation of this security zone is necessary for the protection of
the United States and its people. Because these security zones are
established in an area near the San Onofre Nuclear Generating Station
that is seldom used, the Coast Guard expects the economic impact of
this rule to be so minimal that full regulatory evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' includes small businesses, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations less than
50,000.
This security zone will not have a significant impact on a
substantial number of small entities because the portion of the
security zone that affects the San Onofre Nuclear Generating Station
area is infrequently transited. Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this temporary final rule will not have a
significant economic impact on a substantial number of small entities.
Assistance for Small Entities
In accordance with Sec. 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
offers to assist small entities in understanding the rule so that they
can better evaluate its effects on them and participate in the
rulemaking process. If your small business or organization is affected
by this rule and you have questions concerning its provisions or
options for compliance, please contact Petty Officer Chris Farrington,
Marine Safety 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. 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 an 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.
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
[[Page 5482]]
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), of Commandant
Instruction M16475.1D, this rule, which establishes a security zone, is
categorically excluded from further environmental documentation. A
``Categorical Exclusion Determination'' is 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
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
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, 160.5; 49 CFR 1.46.
2. Add new Sec. 165.T11-048 to read as follows:
Sec. 165.T11-048 Security Zone: Waters adjacent to San Onofre
Nuclear Generating Station San Diego, CA.
(a) Location: San Onofre Nuclear Generating Station. This security
zone encompasses waters within a one nautical mile radius of San Onofre
Nuclear Generating Station that is centered at the following
coordinate: latitude 33 deg. 22' 30" N, longitude 117 deg. 33' 50" W.
(b) Effective dates. These security zones will be in effect from 6
p.m. (PDT) on October 25, 2001 to 3:59 p.m. (PDT) on June 21, 2002. If
the need for these security zones ends before the scheduled termination
time and date, the Captain of the Port will cease enforcement of the
security zones and will also announce that fact via Broadcast Notice to
Mariners and Local Notice to Mariners.
(c) Regulations. This section is also issued under section 7 of the
Ports and Waterways Safety Act (33 U.S.C. 1226). In accordance with the
general regulations in Sec. 165.33 of this part, no person or vessel
may enter or remain in the security zone established by this temporary
section, 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 temporary
section. Mariners requesting permission to transit through the security
zone must request authorization to do so from the Captain of the Port,
who may be contacted through Coast Guard Activities San Diego on VHF-FM
Channel 16.
Dated: October 25, 2001.
S. P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego,
California.
[FR Doc. 02-2821 Filed 2-5-02; 8:45 am]
BILLING CODE 4910-15-U