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Security Zone; Naval Amphibious Base, San Diego Bay, CA
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[Federal Register: January 31, 2002 (Volume 67, Number 21)] [Rules and Regulations] [Page 4660-4662] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr31ja02-9] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 165 [CGD11-01-011] RIN 2115-AA97 Security Zone; Naval Amphibious Base, San Diego Bay, CA AGENCY: Coast Guard, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is creating a permanent security zone around the Naval Amphibious Base, Coronado, California, at the request of the U.S. Navy. This security zone will be established inside an already exiting restricted area defined by the U.S. Navy maintained buoys. The establishment of this security zone is needed to ensure the physical protection of naval vessels and their activities at Naval Amphibious Base, Coronado. DATES: This rule becomes effective December 17, 2001. ADDRESSES: Documents as indicated in this preamble are available for inspection or copying at the Coast Guard Marine Safety Office, 2716 North Harbor Drive, San Diego, CA 92101-1064 between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant Christopher Hochschild, Vessel Traffic Management Section, 11th Coast Guard District, telephone (510) 437-2940; e-mail: chochschild@d11.uscg.mil. SUPPLEMENTARY INFORMATION: Regulatory History On June 13, 2001, the Coast Guard published a notice of proposed rulemaking (NPRM) entitled Security Zone; Naval Amphibious Base, San Diego Bay, CA in the Federal Register (66 FR 31872). The Coast Guard did not receive any letters commenting on the proposed rule. No public hearing was requested, and none was held. In keeping with the requirements of 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this regulation effective immediately. The Coast Guard balanced the necessity for immediate implementation against the principles of fundamental fairness which require that all effected persons be afforded a reasonable time to prepare for the effective date of the rule. In light of the events of September 11, 2001, the Coast Guard believes it is in the national interest to immediately implement the rule to avoid any gap in security zone coverage. The Coast Guard further believes that it has provided the public adequate notice and time to adapt to the security zone's implementation through the NPRM and the Navy's placement of small buoys marking the zone. In addition, the California Coastal Commission, in its Coast Zone Management Act Determination of October 16, 2001 discussed the minimal impact the zone will have on the public: ``These areas [including the subject security zone] are not typically used for recreational or commercial boating, and the restrictions will not adversely affect navigation or boating in San Diego Bay.'' The Coast Guard was delayed slightly in implementing this final rule because the attacks on the World Trade Center in New York and the Pentagon in Washington, DC caused the Coast Guard and the Navy to re- examine the whole scheme of security zones contemplated for San Diego to ensure they adequately met force protection and national defense needs. Background and Purpose The Coast Guard is creating a permanent security zone around the Naval Amphibious Base, Coronado, California, at the request of the U.S. Navy. The security zone will consist of the waters of San Diego Bay around the perimeter of the Naval Amphibious Base, extending approximately 100 yards out. Currently, there is a restricted area around the Naval Amphibious Base, 33 CFR 334.860. The Navy believes that this restricted area, by itself, is insufficient to adequately safeguard its vessels and the military operations involving the base. The Navy has been reviewing all aspects of its anti-terrorism and force protection posture in response to the attack on the USS COLE. The attacks of September 11, 2001 and the heightened state of military alert resulting therefrom add substantial urgency to the creation of this security zone. This security zone will safeguard vessels moored at the Naval Amphibious Base and waterside facilities from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature. The creation of this security zone will also prevent recreational and commercial craft from interfering with military operations involving naval vessels and it will protect transiting recreational and commercial vessels, and their respective crews, from the navigational hazards posed by such military operations. Unlike the current [[Page 4661]] restricted area regulation, this security zone regulation will not allow vessels to transit through or anchor in the security zone unless authorized by the Captain of the Port, the Commander, Navy Region Southwest. Vessels or persons violating this section would be subject to the penalties set forth in 50 U.S.C. 192 and 18 U.S.C. 3571: seizure and forfeiture of the vessel, a monetary penalty of not more than $250,000, and imprisonment for not more than 10 years. The U.S. Coast Guard may be assisted in the patrol and enforcement of this security zone by the U.S. Navy. Discussion of Comments and Changes No comments were received during the notice of proposed rulemaking's comment period. To reflect a naming change resulting from the Navy's 1998 regionalization process, the Coast Guard has made the following minor technical amendment to the final rule which did not appear in the NPRM: In paragraph (b) of the final rule, Commanding Officer, Naval Base San Diego has been re-named as the Commander, Navy Region Southwest. Also, a phrase was added at the end of the coordinates to clarify that the zone is enclosed. Regulatory Evaluation This 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). This rule will have minimal additional impact on vessel traffic because it is being created inside an already existing restricted area codified at 33 CFR 334.860. 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 final rule will not have a significant economic impact on a substantial number of small entities. Collection of Information This final rule calls for no new collection of information under the Paperwork Reduction Act (44 U.S.C. 3501-3520). Federalism The Coast Guard has analyzed this final rule under Executive Order 13132 and has 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) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires State, local, or tribal government or the private sector to incur direct costs without the Federal Government's having first provided the funds to pay those costs. This final rule does not impose an unfunded mandate. Taking of Private Property This final 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 final rule meets the 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 The Coast Guard has analyzed this final 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 final 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 The Coast Guard has analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use and has 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 The Coast Guard considered the environmental impact of this rule and concluded that under figure 2-1, paragraph (34)(g) of Commandant Instruction M16475.lD, this rule is categorically excluded from further environmental documentation. This rule creates a security zone inside an already existing restricted area and the physical characteristics of the surrounding waters is not altered. A Categorical Exclusion Determination and an Environmental Analysis Checklist are available in the docket at the location specified under the ADDRESSES portion of this rulemaking. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping 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 33 CFR 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 Sec. 165.1120 to read as follows: Sec. 165.1120 Security Zone; Naval Amphibious Base, San Diego, CA. (a) Location. The following area is a security zone: the waters of San Diego Bay, enclosed by lines connecting the following points: Beginning at 32 deg.40'30.0" N, 117 deg.10'03.0" W (Point A); thence running northeasterly to 32 deg.40'54.0" N, 117 deg.09'35.5" W (Point B); thence running northeasterly to 32 deg.40'55.0" N, 117 deg.09'27.0" W (Point C); thence running southeasterly to [[Page 4662]] 32 deg.40'43.0" N, 117 deg.09'09.0" W (Point D); thence running southerly to 32 deg.40'39.0" N, 117 deg.09'08.0" (Point E); thence running southwesterly to 32 deg.40'30.0" N, 117 deg.09'12.9" W (Point F); thence running a short distance to 32 deg.40'29.0" N, 117 deg.09'14.0" W (Point G); thence running southwesterly to 32 deg.40'26.0" N, 117 deg.09'17.0" W (Point H); thence running northwesterly to the shoreline to 32 deg.40' 31.0" N, 117 deg.09' 22.5" W (Point I), thence running along the shoreline to the beginning point. (b) Regulations. In accordance with the general regulations in Sec. 165.33 of this part, entry into the area of this zone is prohibited unless authorized by the Captain of the Port or the Commander, Navy Region Southwest. (c) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of this security zone by the U.S. Navy. Dated: December 17, 2001. E.R. Riutta, Vice Admiral, Coast Guard, Commander, Eleventh Coast Guard District. [FR Doc. 02-2360 Filed 1-30-02; 8:45 am] BILLING CODE 4910-15-P