![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Security Zones; Hoover Dam, Davis Dam, and Glen Canyon Dam
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 19, 2002 (Volume 67, Number 33)]
[Rules and Regulations]
[Page 7270-7272]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe02-5]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP San Diego 01-021]
RIN 2115-AA97
Security Zones; Hoover Dam, Davis Dam, and Glen Canyon Dam
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing three security zones on the
Colorado River: one surrounding the Hoover Dam, the second one
surrounding the Davis Dam, and the third zone surrounding the Glen
Canyon Dam. These actions are necessary to ensure public safety and
prevent sabotage or terrorist acts against the public and commercial
structures and individuals near or upon these structures. These
security zones will prohibit all persons and vessels from entering,
transiting through or anchoring within the security zones unless
authorized by the Captain of the Port (COTP), or his designated
representative.
DATES: This rule is effective from 12 midnight (PST) on November 5,
2001 to 12 midnight (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 01-021, and are available for
inspection or copying at U.S. Coast Guard Marine Safety Office San
Diego, 2716 N. Harbor Drive, San Diego California 92101, between 9 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Rick Sorrell, Chief of Port
Operations, Marine Safety Office San Diego, at (619) 683-6495.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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. In
keeping with the requirements of 5 U.S.C. 553(d)(3), the Coast Guard
also finds that 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 high visibility civilian targets
may be anticipated. A heightened level of security has been established
concerning all vessels and persons transiting in the vicinity of the
Colorado River Dams. These security zones are needed to protect the
United States and more specifically the people, waterways, and
properties of the Colorado River Dams.
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
Colorado River Dams vulnerable to subversive activity, sabotage or
terrorist attack. The measures contemplated by the rule are intended to
prevent future terrorist attacks against these dams themselves, or
individuals and facilities within or adjacent to these dams. Immediate
action is required to accomplish these objectives. 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. Personnel,
vehicles or vessels operating near these installations upon the
Colorado River and activities upon adjacent lands present possible
situations through which individuals may gain unauthorized access to
these installations, 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,
[[Page 7271]]
the Coast Guard is establishing three temporary security zones in the
navigable waters of the United States upon the Colorado River in the
vicinity of, and lands immediately adjacent to, the Hoover, Davis, and
Glen Canyon Dams. These security zones are necessary to provide for the
safety and security of the United States of America and the people,
ports, waterways and properties upon the Colorado River. These security
zones, prohibiting all vessel traffic from entering, transiting or
anchoring within the above described areas, and prohibiting all
unauthorized shore based activities in areas surrounding the waterfront
structures are necessary for the security and protection of the
Colorado River Dams. National Park Service officers or employees and
craft enlisted by the COTP will enforce these zones.
These security zones are established within the National Park
System--areas of land and water administered by the National Park
Service for park, monument, historic, parkway, recreational, or other
purposes. See 16 U.S.C. 1c. Under 16 U.S.C. 1a-6, National Park Service
officers or employees, who are designated by the Secretary of Interior
to maintain law and order and protect persons and property within areas
of the National Park System, have the authority to enforce this federal
regulation. Persons and vessels are prohibited from entering into these
security zones unless authorized by the Captain of the Port or his
designated representative. Each person and vessel in a security zone
shall 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, 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 a 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 areas near the Colorado River dams which are 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'' include 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.
These security zones will not have a significant impact on a
substantial number of small entities because these security zones are
only closing small portions of the navigable waters of the Colorado
River. Vessels may still continue to transit other portions of the
Colorado River. In addition, there are no small entities on shore or
any portions of these security zones. 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 Lieutenant Rick Sorrell, Chief
of Port Operations, 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. 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).
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.
[[Page 7272]]
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 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.lD, this rule, which establishes security zones, 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.T11-049 to read as follows:
Sec. 165.T11-049 Security Zones: Areas surrounding the Hoover Dam, the
Davis Dam, and the Glen Canyon Dam on the Colorado River.
(a) Location. Following are the locations of the three security
zones created by this section: (1) Hoover Dam security zone. This
security zone will encompass all waters and shoreline areas within the
boundaries designated by these GPS coordinates: A point at N36.02209 W-
114.75813 (Point A), proceeding east to N36.02209 W-114.73344 (Point
B), proceeding north to N36.02934 W-114.73343 (Point C), proceeding
east to N36.02857 W-114.71762 (Point D), proceeding south to N36.01764
W-114.71764 (Point E), N36.01764 W-114.72212 (Point F), proceeding
south to N36.01033 W-114.72217 (Point G), proceeding west to N36.01033
W-114.72666 (Point H), proceeding south to N35.98873 W-114.72660 (Point
I), proceeding west to N35.98872 W-114.74166 (Point J) proceeding south
along the east bank of the Colorado River to N35.98557 W-114.74298
(Point K), proceeding west to N35.985 W-114.751 (Point L), proceeding
north to N36.006 W-114.750 (Point M), proceeding west to N36.00034 W-
114.75806 (Point N), proceeding north to Point A.
(2) Davis Dam security zone. This security zone will encompass all
waters and shoreline areas within the boundaries designated by these
GPS coordinates : A point at N35.20448 W-114.57940 (Point A),
proceeding east to N35.20417 W-114.56109 (Point B), proceeding south to
N35.19692 W-114.56108 (Point C), proceeding east to N35.19693 W-
114.55666 (Point D), proceeding south to N35.18605 W-114.55664 (Point
E), proceeding west to N35.18604 W-114.56913 (Point F), proceeding
south to N35.18278 W-114.56899 (Point G), proceeding west to N35.18278
W-114.58024 (Point H), and then north to Point A.
(3) Glen Canyon Dam security zone: This security zone will
encompass all waters and shoreline areas within the boundaries
designated by these GPS coordinates: A point at N36.56510 W-111.29245
(Point A), proceeding east to N36.56510 W-111.28843 (Point B),
proceeding southeast to N36.56294 W-111.28710 (Point C), proceeding
southeasterly to N36.55899 W-111.28868 (Point D), proceeding west to
N36.55899 W-111.29171 (Point E), proceeding northwesterly to N36.56294
W-111.29247 (Point F), the proceeding northwesterly to point A.
(b) Effective dates. These security zones will be in effect from 12
midnight (PST) on November 5, 2001 to 12 midnight (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. 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 regulation, 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
regulation. Persons requesting permission to transit through the
security zones must request authorization to do so from the Captain of
the Port, who may be contacted at (619) 683-6495 or the United States
Department of Interior, Bureau of Reclamation, who may be contacted at
(520) 645-0450 for the Glen Canyon Dam, and (702) 293-8302 for the
Davis and Hoover Dams.
Dated: November 4, 2001.
S.P. Metruck,
Commander, U.S. Coast Guard, Captain of the Port, San Diego,
California.
[FR Doc. 02-3927 Filed 2-15-02; 8:45 am]
BILLING CODE 4910-15-P