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Security Zone; Waters Adjacent to San Onofre, San Diego County, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 20, 2002 (Volume 67, Number 119)]
[Rules and Regulations]
[Page 41838-41840]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn02-16]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP San Diego 02-015]
RIN 2115-AA97
Security Zone; Waters Adjacent to San Onofre, San Diego County,
CA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule; change in effective period.
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SUMMARY: The Coast Guard is revising the effective period for a
temporary security zone in the waters adjacent to the San Onofre
Nuclear Generating Station in San Diego County, 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: The amendment to Sec. 165.T11-048(b) in this rule is effective
June 20, 2002. Section 165.T11-048, added at 67 FR 5482, February 6,
2002, effective from 6 p.m. October 25, 2001 to 3:59 p.m. June 21,
2002, as amended in this rule, is extended in effect through 11:59 p.m.
March 21, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket COTP San Diego 02-015, 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: Chief Petty Officer Raymond Taylor,
Marine Safety Office San Diego, at (619) 683-6495.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On February 6, 2002, we published a temporary final rule for waters
adjacent to the San Onofre Nuclear Generating Station entitled
``Security Zone; Waters adjacent to San Onofre, San Diego County,
California'' in the Federal Register (67 FR 5480) under Sec. 165.T11-
048. It has been in effect since October 25, 2001 and is set to expire
3:59 p.m. PDT on June 21, 2002.
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM. Due to the terrorist attacks on
September 11, 2001 and the warnings given by national security and
intelligence officials, there is an increased risk that further
subversive or terrorist activity may be launched against the United
States. 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 original TFR was urgently
required to prevent possible terrorist strikes against the United
States and more specifically the people, waterways, and properties near
the San Onofre Nuclear Generating Station. It was anticipated that we
would assess the security environment at the end of the effective
period to determine whether continuing security precautions were
required and, if so, propose regulations responsive to existing
conditions. We have determined the need for continued security
regulations exists.
The Coast Guard plans to utilize the extended effective period of
this TFR to engage in notice and comment rulemaking to develop
permanent regulations tailored to the present and foreseeable security
environment with the Captain of the Port (COTP) San Diego. Therefore,
the public will still have the opportunity to comment on this rule. The
measures contemplated by the rule were intended to facilitate ongoing
response efforts and prevent future terrorist attack. In this case,
doing a NPRM will be repetitious in nature and since delay is inherent
in the NPRM process, 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 this rule are intended to prevent
future terrorist attacks against individuals and facilities within or
adjacent to San Onofre Nuclear Generating Station. Immediate action is
required to accomplish these objectives and necessary to continue
safeguarding these vessels and the surrounding area. Any delay in the
effective date of this rule is impractical and contrary to the public
interest.
The Coast Guard plans to publish a NPRM to establish permanent
security zones that are temporarily effective under this rule. This
revision preserves the status quo within the Port while permanent rules
are developed.
For the reasons stated in the paragraphs above under 5 U.S.C.
553(d)(3), the Coast Guard also finds that good cause exists for making
this rule effective less than 30 days after publication in the Federal
Register.
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.
In response to these terrorist acts, and in order to prevent
similar occurrences, the Coast Guard has established a temporary
security zone in the navigable waters of the United States
[[Page 41839]]
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
properties within the San Onofre Nuclear Generating Station area.
As of today, the need for this security zone still exists. The
effective period of this temporary final rule will extend through 11:59
p.m. PST March 21, 2003. During this time, the Coast Guard plans to
publish a notice of proposed rulemaking (NPRM) in the Federal Register,
which will include a public comment period, and for a final rule to be
put into effect without there being an interruption in the protection
provided by this security zone.
Discussion of Rule
This regulation extends the current security zone that prohibits
all vessel traffic from entering, transiting or anchoring within a one
nautical mile radius of San Onofre Nuclear Generating Station that is
centered at the following coordinate: 33 deg. 22' 30" N, 117 deg. 33'
50" W.
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. This authority, under section 7 of the PWSA (33 U.S.C.
1226), supplements the Coast Guard's authority to issue security zones
under The Magnuson Act regulations promulgated by the President under
50 U.S.C. 191, including Subparts 6.01 and 6.04 of Part 6 of Title 33
of the Code of Federal Regulations.
Vessels or persons violating this section will be subject to the
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. 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 up to 6 years and a maximum fine of
$250,000), and in rem liability against the offending vessel. Any
person who violates this section, 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. Vessels or persons violating this section
are also subject to the penalties set forth in 50 U.S.C. 192: seizure
and forfeiture of the vessel to the United States, a maximum criminal
fine of $10,000, and imprisonment up to 10 years.
The Captain of the Port will enforce these zones and may enlist the
aid and cooperation of any Federal, State, county, municipal, and
private agency to assist in the enforcement of the regulation. This
regulation is proposed under the authority of 33 U.S.C. 1226 in
addition to the authority contained in 50 U.S.C. 191 and 33 U.S.C.
1231.
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 section 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 Chief Petty Officer Raymond
Taylor, 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.
[[Page 41840]]
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 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 because
we are establishing a security zone. 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. Revise Sec. 165.T11-048(b) to read as follows:
Sec. 165.T11-048 Security Zone; Waters adjacent to San Onofre, San
Diego County, California
* * * * *
(b) Effective dates. These security zones are in effect from 6 p.m.
(PDT) on October 25, 2001 to 11:59 p.m. (PST) March 21, 2003.
* * * * *
Dated: June 12, 2002.
S.P. Metruck,
Commander, Coast Guard, Captain of the Port, San Diego, California.
[FR Doc. 02-15604 Filed 6-19-02; 8:45 am]
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