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Federal Register/Vol. 67, No. 21/Thursday, January 31, 2002

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Federal Register/Vol. 67, No. 21/Thursday, January 31, 2002 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<MAY>2000 16:12 Jan 30, 2002 Jkt 197001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\31JAR1.SGM pfrm01 PsN: 31JAR1 Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Rules and Regulations 4661 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.
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