[Federal Register Volume 66, Number 78 (Monday, April 23, 2001)]
[Proposed Rules]
[Pages 20413-20415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9992]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD11-98-003]
RIN 2115-AA97
Security Zone; San Diego Bay
AGENCY: Coast Guard, DOT.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to expand the geographical boundaries
of the permanent security zone at Naval Air Station North Island,
Coronado, California. There were previously only two aircraft carriers
home-ported at Naval Air Station North Island; however, a third
aircraft carrier has been designated to homeport at Naval Air Station
North Island. The modification and expansion of this security zone is
needed to ensure the physical protection of this third aircraft carrier
at Naval Air Station North Island.
DATES: Comments must be received on or before May 23, 2001.
ADDRESSES: Comments may be mailed to LT Kathleen Garza, Coast Guard
Marine Safety Office, 2716 North Harbor Drive, San Diego, CA 92101-
1064, (619) 683-6477. The Marine Safety Office maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection and copying at the Marine Safety Office
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Patricia Springer, Vessel
Traffic Management Section, 11th Coast Guard District, telephone (510)
437-2951; e-mail [email protected].
SUPPLEMENTARY INFORMATION:
Request for Comments
Interested persons are invited to participate in this proposed
rulemaking by submitting written views, data, or any other materials to
the address listed under ADDRESSES in this preamble. Persons submitting
comments should include their names and addresses, identify the docket
number for this rulemaking, the specific section of the proposal to
which their comments apply, and give reasons for each comment. The
Coast Guard requests that all comments and attachments be submitted in
an unbound format suitable for copying and electronic filing. If not
practical, a second copy of any bound materials is requested. Persons
wanting acknowledgment of receipt of comments should enclose a stamped,
self-addressed postcard or envelope. The Coast Guard will consider all
comments received during the comment period and may change this
proposal in view of the comments.
No public hearing is planned, but one may be held if written
requests for a hearing are received and it is determined that the
opportunity to make oral presentations will aid in the rulemaking
process. Persons may request a public hearing by writing to the address
listed above in ADDRESSES. The request should include reasons why a
hearing would be beneficial. If it determines that the opportunity for
oral presentations will aid this rulemaking, the Coast Guard will hold
a public hearing at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
The Coast Guard published a NPRM on May 15, 1998 (63 FR 27019).
That NPRM proposed to modify the Security Zone adjacent to Naval Air
Station North Island, Coronado, California, 33 CFR 165.1105. No
comments were received. Publication of the final rule, however, was
delayed due to the need for operational reassessment. Due to the length
of time since publication of the NPRM, we are publishing a supplemental
notice of proposed rulemaking and providing an additional opportunity
for comment on this rulemaking. The Coast Guard proposes to modify the
security zone, enlarging it to accommodate the home-porting of a
[[Page 20414]]
new aircraft carrier at Naval Air Station North Island. There were
previously only two aircraft carriers home-ported at Naval Air Station
North Island; however, a third aircraft carrier has been designated to
homeport at Naval Air Station North Island.
The security zone will be expanded at its Northwest tip to the West
by 0.144 square miles. It will be expanded in its mid-section to the
North by 0.182 square miles.
The modification and expansion of this security zone is needed to
accommodate the home-porting of this third aircraft carrier. The
modification and expansion of this security zone will prevent
recreational and commercial craft from interfering with military
operations involving all naval vessels home-ported at Naval Air
Station, North Island, and it will protect transiting recreational and
commercial vessels, and their respective crews, from the navigational
hazards posed by such military operations. In addition, 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 modification and
expansion of this security zone will safeguard vessels and waterside
facilities from destruction, loss, or injury from sabotage or other
subversive acts, accidents, or other causes of a similar nature. Entry
into, transit through, or anchoring within this security zone is
prohibited unless authorized by the Captain of the Port, the Commander,
Naval Air Force, U.S. Pacific Fleet, the Commander, Naval Base San
Diego, or the Commanding Officer, Naval Air Station North Island.
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.
Regulatory Evaluation
This regulation is not a significant regulatory action under
section 3(f) of Executive Order 12866 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). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary. This proposal will have minimal additional impact on
vessel traffic because it is only a slight modification and expansion
of the existing security zone codified at 33 CFR 165.1105.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considered whether this proposal would have significant 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities because vessel traffic would be allowed to
pass through the zone with the permission of the Captain of the Port.
Collection of Information
This proposed regulation contains no collection of information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this proposed regulation under
Executive Order 13132 and have determined that this rule does not have
implications for federalism under that Order.
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 a 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 proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630m
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed 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
We have analyzed this proposed 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
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
The Coast Guard has considered the environmental impact of this
regulation and concluded that, under Figure 2-1, paragraph (34)(g), of
Commandant Instruction M16475.1C, it will have no significant
environmental impact and it is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination and
Environmental Analysis Checklist will be available for inspection and
copying in the docket to be maintained at the address listed in
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
Proposed Regulation
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
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, and 160.5; 49 CFR 1.46.
2. In Sec. 165.1105, revise paragraph (a) and add a new paragraph
(c) to read as follows:
Sec. 165.1105 Security Zone: San Diego Bay, CA.
(a) Location. The following area is a security zone: on the waters
along the northern shoreline of Naval Air Station North Island, the
area enclosed by the following points: Beginning at 32 deg.42'53.0" N,
117 deg.11'45.0" W (Point A); thence running northerly to
32 deg.42'55.5"N, 117 deg.11'45.0" W (Point B); thence running easterly
to 32 deg.42'55." N, 117 deg.11'30.5" W (Point C); thence running
southeasterly to 32 deg.42'40.0" N, 117 deg.11'06.5" W (Point D);
thence running southerly to 32 deg.42'37.5" N, 117 deg. 11'07.0" W
(Point E); thence running southerly to 32 deg.42'28.5" N,
117 deg.11'11.0" W (Point F); thence running southeasterly to
32 deg.42'22.0" N,
[[Page 20415]]
117 deg.10'48.0" W (Point G); thence running southerly to
32 deg.42'13.0" N, 117 deg.10'51.0" W (Point H); thence running
generally northwesterly along the shoreline of Naval Air Station North
Island to the place of beginning.
(b) * * *
(c) The U.S. Coast Guard may be assisted in the patrol and
enforcement of this security zone by the U.S. Navy.
Dated: April 3, 2001.
E.R. Riutta,
Vice Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard
District.
[FR Doc. 01-9992 Filed 4-20-01; 8:45 am]
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