4660 Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Rules and Regulations
all. A Categorical Exclusion DEPARTMENT OF TRANSPORTATION implement the rule to avoid any gap in Determination and an Environmental security zone coverage. The Coast Guard Analysis Checklist are available in the Coast Guard further believes that it has provided the docket at the location specified under public adequate notice and time to the ADDRESSES portion of this 33 CFR Part 165 adapt to the security zone’s implementation through the NPRM and rulemaking. [CGD11–01–011] the Navy’s placement of small buoys List of Subjects in 33 CFR Part 165 RIN 2115–AA97 marking the zone. In addition, the California Coastal Commission, in its Harbors, Marine safety, Navigation Security Zone; Naval Amphibious Coast Zone Management Act (water), Reporting and recordkeeping Base, San Diego Bay, CA Determination of October 16, 2001 requirements, Security measures, discussed the minimal impact the zone AGENCY: Coast Guard, DOT. Waterways. will have on the public: ‘‘These areas ACTION: Final rule. For the reasons discussed in the [including the subject security zone] are not typically used for recreational or preamble, the Coast Guard amends 33 SUMMARY: The Coast Guard is creating a commercial boating, and the restrictions CFR part 165 as follows: permanent security zone around the will not adversely affect navigation or Naval Amphibious Base, Coronado, boating in San Diego Bay.’’ PART 165—REGULATED NAVIGATION California, at the request of the U.S. AREAS AND LIMITED ACCESS AREAS The Coast Guard was delayed slightly Navy. This security zone will be in implementing this final rule because established inside an already exiting the attacks on the World Trade Center 1. The authority citation for 33 CFR restricted area defined by the U.S. Navy part 165 continues to read as follows: in New York and the Pentagon in maintained buoys. The establishment of Washington, DC caused the Coast Guard Authority: [33 U.S.C. 1231; 50 U.S.C. 191, this security zone is needed to ensure and the Navy to re-examine the whole 33 CFR 1.05–1(g) 6.04–1, 6.04–6, 160.5; 49 the physical protection of naval vessels scheme of security zones contemplated CFR 1.46.] and their activities at Naval Amphibious for San Diego to ensure they adequately Base, Coronado. 2. A new § 165.1121 is added to read met force protection and national DATES: This rule becomes effective as follows: defense needs. December 17, 2001. Background and Purpose § 165.1121 Security Zone: Fleet Supply ADDRESSES: Documents as indicated in Center Industrial Pier, San Diego, CA. this preamble are available for The Coast Guard is creating a permanent security zone around the (a) Location. The following area is a inspection or copying at the Coast Guard Marine Safety Office, 2716 North Naval Amphibious Base, Coronado, security zone: the waters of San Diego Harbor Drive, San Diego, CA 92101– California, at the request of the U.S. Bay extending approximately 100 feet 1064 between 7:30 a.m. and 4 p.m., Navy. The security zone will consist of from the north, west, and south sides of Monday through Friday, except Federal the waters of San Diego Bay around the the Fleet Industrial Supply Center holidays. perimeter of the Naval Amphibious enclosed by lines connecting the Base, extending approximately 100 FOR FURTHER INFORMATION CONTACT: following points: Beginning at 32°42′50″ yards out. Lieutenant Christopher Hochschild, N, 117°10′25″ W (Point A); to 32°42′50″ Currently, there is a restricted area Vessel Traffic Management Section, N, 117°10′38″ W (Point B); to 32°42′54″ around the Naval Amphibious Base, 33 ° ′ ″ ° ′ ″ 11th Coast Guard District, telephone CFR 334.860. The Navy believes that N, 117 10 38 W (Point C); to 32 42 54 (510) 437–2940; e-mail: N, 117°10′25″ W (Point D). this restricted area, by itself, is [email protected]. insufficient to adequately safeguard its (b) Regulations. In accordance with SUPPLEMENTARY INFORMATION: vessels and the military operations the general regulations in § 165.33, entry involving the base. The Navy has been Regulatory History into the area of this zone is prohibited reviewing all aspects of its anti- unless authorized by the Captain of the On June 13, 2001, the Coast Guard terrorism and force protection posture Port or the Commander, Navy Region published a notice of proposed in response to the attack on the USS Southwest. Section 165.33 also contains rulemaking (NPRM) entitled Security COLE. The attacks of September 11, other general requirements. Zone; Naval Amphibious Base, San 2001 and the heightened state of (c) Enforcement. The U.S. Coast Diego Bay, CA in the Federal Register military alert resulting therefrom add Guard may be assisted in the patrol and (66 FR 31872). The Coast Guard did not substantial urgency to the creation of enforcement of this security zone by the receive any letters commenting on the this security zone. This security zone U.S. Navy. proposed rule. No public hearing was will safeguard vessels moored at the requested, and none was held. Naval Amphibious Base and waterside Dated: December 17, 2001. In keeping with the requirements of 5 facilities from destruction, loss, or E.R. Riutta, U.S.C. 553(d)(3), the Coast Guard finds injury from sabotage or other subversive Vice Admiral, U.S. Coast Guard, Commander, that good cause exists for making this acts, accidents, or other causes of a Eleventh Coast Guard District. regulation effective immediately. The similar nature. [FR Doc. 02–2361 Filed 1–30–02; 8:45 am] Coast Guard balanced the necessity for The creation of this security zone will BILLING CODE 4910–15–P immediate implementation against the also prevent recreational and principles of fundamental fairness commercial craft from interfering with which require that all effected persons military operations involving naval be afforded a reasonable time to prepare vessels and it will protect transiting for the effective date of the rule. recreational and commercial vessels, In light of the events of September 11, and their respective crews, from the 2001, the Coast Guard believes it is in navigational hazards posed by such the national interest to immediately military operations. Unlike the current
VerDate 11
restricted area regulation, this security have a significant economic impact on Energy Effects zone regulation will not allow vessels to a substantial number of small entities. The Coast Guard has analyzed this transit through or anchor in the security Collection of Information rule under Executive Order 13211, zone unless authorized by the Captain Actions Concerning Regulations That of the Port, the Commander, Navy This final rule calls for no new Significantly Affect Energy Supply, Region Southwest. collection of information under the Distribution, or Use and has determined Vessels or persons violating this Paperwork Reduction Act (44 U.S.C. that it is not a ‘‘significant energy section would be subject to the penalties 3501–3520). action’’ under that order because it is set forth in 50 U.S.C. 192 and 18 U.S.C. Federalism not a ‘‘significant regulatory action’’ 3571: seizure and forfeiture of the under Executive Order 12866 and is not vessel, a monetary penalty of not more The Coast Guard has analyzed this likely to have a significant adverse effect than $250,000, and imprisonment for final rule under Executive Order 13132 on the supply, distribution, or use of not more than 10 years. and has determined that it does not energy. It has not been designated by the The U.S. Coast Guard may be assisted have implications for federalism. Administrator of the Office of in the patrol and enforcement of this Information and Regulatory Affairs as a Unfunded Mandates Reform Act security zone by the U.S. Navy. significant energy action. Therefore, it Discussion of Comments and Changes The Unfunded Mandates Reform Act does not require a Statement of Energy of 1995 (2 U.S.C. 1531–1538) governs Effects under Executive Order 13211. No comments were received during the issuance of Federal regulations that Environment the notice of proposed rulemaking’s require unfunded mandates. An comment period. unfunded mandate is a regulation that The Coast Guard considered the To reflect a naming change resulting requires State, local, or tribal environmental impact of this rule and from the Navy’s 1998 regionalization government or the private sector to concluded that under figure 2–1, process, the Coast Guard has made the incur direct costs without the Federal paragraph (34)(g) of Commandant following minor technical amendment Government’s having first provided the Instruction M16475.lD, this rule is to the final rule which did not appear funds to pay those costs. This final rule categorically excluded from further in the NPRM: In paragraph (b) of the does not impose an unfunded mandate. environmental documentation. This rule final rule, Commanding Officer, Naval creates a security zone inside an already Base San Diego has been re-named as Taking of Private Property existing restricted area and the physical the Commander, Navy Region This final rule will not effect a taking characteristics of the surrounding Southwest. Also, a phrase was added at of private property or otherwise have waters is not altered. A Categorical the end of the coordinates to clarify that taking implications under Executive Exclusion Determination and an the zone is enclosed. Order 12630, Governmental Actions and Environmental Analysis Checklist are Regulatory Evaluation Interference with Constitutionally available in the docket at the location Protected Property Rights. specified under the ADDRESSES portion This final rule is not a ‘‘significant of this rulemaking. regulatory action’’ under section 3(f) of Civil Justice Reform Executive Order 12866, Regulatory List of Subjects in 33 CFR Part 165 Planning and Review, and does not This final rule meets the applicable Harbors, Marine safety, Navigation require an assessment of potential costs standards in sections 3(a) and 3(b)(2) of (water), Reporting and record keeping and benefits under section 6(a)(3) of that Executive Order 12988, Civil Justice requirements, Security measures, Order. The Office of Management and Reform, to minimize litigation, Waterways. eliminate ambiguity, and reduce Budget has not reviewed it under that For the reasons discussed in the burden. Order. It is not ‘‘significant’’ under the preamble, the Coast Guard amends 33 regulatory policies and procedures of Protection of Children CFR part 165 as follows: the Department of Transportation (DOT) (44 FR 11040, February 26, 1979). This The Coast Guard has analyzed this PART 165—REGULATED NAVIGATION rule will have minimal additional final rule under Executive Order 13045, AREAS AND LIMITED ACCESS AREAS impact on vessel traffic because it is Protection of Children from being created inside an already existing Environmental Health Risks and Safety 1. The authority citation for 33 CFR restricted area codified at 33 CFR Risks. This rule is not an economically part 165 continues to read as follows: 334.860. significant rule and does not create an Authority: 33 U.S.C. 1231; 50 U.S.C. 191, environmental risk to health or risk to 33 CFR 1.05–1(g) 6.04–1, 6.04–6, 160.5; 49 Small Entities safety that may disproportionately affect CFR 1.46. children. Under the Regulatory Flexibility Act 2. Add § 165.1120 to read as follows: (5 U.S.C. 601–612), we have considered Indian Tribal Governments whether this rule would have a § 165.1120 Security Zone; Naval significant economic impact on a This final rule does not have tribal Amphibious Base, San Diego, CA. substantial number of small entities. implications under Executive Order (a) Location. The following area is a The term ‘‘small entities’’ comprises 13175, Consultation and Coordination security zone: the waters of San Diego small businesses, not-for-profit with Indian Tribal Governments, Bay, enclosed by lines connecting the organizations that are independently because it does not have a substantial following points: Beginning at owned and operated and are not direct effect on one or more Indian 32°40′30.0″ N, 117°10′03.0″ W (Point A); dominant in their fields, and tribes, on the relationship between the thence running northeasterly to governmental jurisdictions with Federal Government and Indian tribes, 32°40′54.0″ N, 117°09′35.5″ W (Point B); populations of less than 50,000. or on the distribution of power and thence running northeasterly to The Coast Guard certifies under 5 responsibilities between the Federal 32°40′55.0″ N, 117°09′27.0″ W (Point C); U.S.C. 605(b) that this final rule will not Government and Indian tribes. thence running southeasterly to
VerDate 11
32°40′43.0″ N, 117°09′09.0″ W (Point D); Monday through Friday, except Federal implementing this final rule because the thence running southerly to 32°40′39.0″ holidays. attacks on the World Trade Center in N, 117°09′08.0″ (Point E); thence FOR FURTHER INFORMATION CONTACT: New York and the Pentagon in running southwesterly to 32°40′30.0″ N, Lieutenant Christopher Hochschild, Washington, DC caused the Coast Guard 117°09′12.9″ W (Point F); thence Vessel Traffic Management Section, and the Navy to re-examine the whole running a short distance to 32°40′29.0″ 11th Coast Guard District, telephone scheme of security zones contemplated N, 117°09′14.0″ W (Point G); thence (510) 437–2940; e-mail: for San Diego to ensure they adequately running southwesterly to 32°40′26.0″ N, [email protected]. met force protection and national 117°09′17.0″ W (Point H); thence defense needs. SUPPLEMENTARY INFORMATION: running northwesterly to the shoreline Background and Purpose to 32°40′ 31.0″ N, 117°09′ 22.5″ W (Point Regulatory History The Coast Guard is modifying the I), thence running along the shoreline to The Coast Guard published a notice of the beginning point. security zone, enlarging it to proposed rulemaking (NPRM) on May accommodate the home-porting of a (b) Regulations. In accordance with 15, 1998 (63 FR 27019). That NPRM the general regulations in § 165.33 of new aircraft carrier at Naval Base proposed to modify the Security Zone Coronado. There were previously only this part, entry into the area of this zone adjacent to Naval Air Station, North is prohibited unless authorized by the two aircraft carriers home-ported there; Island, 33 CFR 165.1104. No comments however, a third aircraft carrier has been Captain of the Port or the Commander, were received. Publication of the final Navy Region Southwest. designated to homeport at Naval Base rule was delayed because of the need for Coronado. (c) Enforcement. The U.S. Coast operational reassessment. Due to the Guard may be assisted in the patrol and The security zone will be expanded at length of time since publication of the its northwest tip to the west by 0.144 enforcement of this security zone by the NPRM, we published a supplemental square miles. It will be expanded in its U.S. Navy. notice of proposed rulemaking (SNPRM) mid-section to the north by 0.182 square Dated: December 17, 2001. on April 23, 2001 in the Federal miles. E.R. Riutta, Register (66 FR 20413) and provided an The Navy requires the modification Vice Admiral, Coast Guard, Commander, additional opportunity for comment on and expansion of this security zone to Eleventh Coast Guard District. this rulemaking. We did not receive any accommodate the home-porting of this [FR Doc. 02–2360 Filed 1–30–02; 8:45 am] letters commenting on the proposed third aircraft carrier. The expanded zone BILLING CODE 4910–15–P rule. No public hearing was requested, will prevent recreational and and none was held. Two months after commercial craft from interfering with the SNPRM was published, technical military operations involving all naval DEPARTMENT OF TRANSPORTATION amendments were made to Title 33 of vessels home-ported at Naval Base the Code of Federal Regulations, Coronado, and it will protect transiting Coast Guard including a redesignation of § 165.1105 recreational and commercial vessels, as 165.1104 (66 FR 33637, 33642, June and their respective crews, from the 33 CFR Part 165 25, 2001). navigational hazards posed by such In keeping with the requirements of 5 military operations. In addition, the [CGD11–98–003] U.S.C. 553(d)(3), the Coast Guard finds Navy has been reviewing all aspects of RIN 2115–AA97 that good cause exists for making this its anti-terrorism and force protection regulation effective immediately. The posture in response to the attack on the Security Zone; San Diego Bay, CA Coast Guard balanced the necessity for USS COLE. The attacks of September immediate implementation against the 11, 2001 and the heightened state of AGENCY: Coast Guard, DOT. principles of fundamental fairness military alert resulting therefrom add ACTION: Final rule. which require that all effected persons substantial urgency to the expansion of be afforded a reasonable time to prepare this security zone. The modification and SUMMARY: The Coast Guard is expanding for the effective date of the rule. In light the geographical boundaries of the expansion of this security zone will of the events of September 11, 2001, the help safeguard vessels and waterside permanent security zone at the newly- Coast Guard believes it is in the national named Naval Base Coronado, California. facilities from destruction, loss, or interest to immediately implement the injury from sabotage or other subversive This base was known as Naval Air rule to avoid any gap in security zone Station North Island, but the Navy has acts, accidents, or other causes of a coverage. The Coast Guard further similar nature. Entry into, transit recently changed its name. There were believes that it has provided the public previously only two aircraft carriers through, or anchoring within this adequate notice and time to adapt to the security zone is prohibited unless home-ported at Naval Base Coronado; security zone’s implementation through however, a third aircraft carrier has been authorized by the Captain of the Port, the original NPRM, the supplemental the Commander, Naval Air Force, U.S. designated to homeport there. The NPRM and the Navy’s placement of modification and expansion of this Pacific Fleet, the Commander, Navy small buoys marking the zone. In Region Southwest, or the Commanding security zone is needed to ensure the addition, the California Coastal physical protection of this third aircraft Officer, Naval Base Coronado. Commission, in its Coast Zone Vessels or persons violating this carrier at Naval Base Coronado. Management Act Determination of section would be subject to the penalties DATES: This rule becomes effective October 16, 2001 discussed the minimal set forth in 50 U.S.C. 192 and 18 U.S.C. December 17, 2001. impact the zone will have on the public: 3571: seizure and forfeiture of the ADDRESSES: Documents as indicated in ‘‘These areas [including the subject vessel, a monetary penalty of not more this preamble are available for security zone] are not typically used for than $250,000, and imprisonment for inspection or copying at the Coast recreational or commercial boating, and not more than 10 years. Guard Marine Safety Office, 2716 North the restrictions will not adversely affect The U.S. Coast Guard may be assisted Harbor Drive, San Diego, CA 92101– navigation or boating in San Diego Bay.’’ in the patrol and enforcement of this 1064 between 7:30 a.m. and 4 p.m., The Coast Guard was delayed slightly in security zone by the U.S. Navy.
VerDate 11