21868 Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations

2. A new section 165T11–035 is

added to read as follows:

§ 165.T11–035 Security Zone: San Diego,

CA.

(a) Location. The following area is a

security zone: the waters of San Diego

Bay, inside the United States Navy

maintained buoys around Naval

Amphibious Base Coronado to the

pierline 100 yards out, enclosed by lines

connecting the following points:

Beginning at 32°40′30.0′′ N, 117°10′03.0′′

W (Point A); thence running

northeasterly to 32°40′54.0′′ N,

117°09′35.5′′ W (Point B); thence

running northeasterly to 32°40′55.0′′ N,

117°09′27.0′′ W (Point C); thence

running southeasterly to 32°40′43.0′′ N,

117°09′09.0′′ W (Point D); thence

running southerly to 32°40′39.0′′ N,

117°09′08.0′′ W (Point E); thence

running southwesterly to 32°40′30.0′′ N,

117°09′12.9′′ W (Point F); thence

running a short distance to 32°40′29.0′′

N, 117°09′14.0′′ W (Point G); thence

running southwesterly to 32°40′26.0′′ N,

117°09′17.0′′ W (Point H); thence

running northwesterly to the shoreline

to 32°40′31.0′′ N, 117°09′22.5′′ W (Point

I).

(b) Effective Date. This temporary

regulation is effective May 2, 2001

through October 29, 2001.

(c) Regulation. In accordance with the

general regulations in section 165.33 of

this part, entry into the area of this zone

is prohibited unless authorized by the

Captain of the Port or the Commanding

Officer, Naval Base, San Diego.

(d) The U.S. Navy may assist the U.S.

Coast Guard in the patrol and

enforcement of this security zone.

Dated: April 6, 2001.

S.P. Metruck,

Commander, U.S. Coast Guard Captain of

the Port, San Diego.

[FR Doc. 01–10714 Filed 5–1–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 01–009]

RIN 2115–AA97

Security Zone; San Diego Bay

AGENCY: Coast Guard, DOT

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary security zone

around the Naval Supply Center Pier at

Naval Base, San Diego, at the request of

the U.S. Navy. The establishment of this

security zone is needed to ensure the

physical protection of naval vessels

moored at the Naval Supply Center Pier.

DATES: This temporary regulation is

effective May 2, 2001 through October

29, 2001.

ADDRESSES: Coast Guard Marine Safety

Office, 2716 North Harbor Drive, San

Diego, CA, 92101–1064, (619) 683–6495.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Kathleen Garza, USCG, c/o

U.S. Coast Guard Captain of the Port,

telephone (619) 683–6495.

SUPPLEMENTARY INFORMATION:

Regulatory Information

A notice of proposed rulemaking

(NPRM) for a permanent rulemaking of

this regulation will be published soon.

However, under 5 U.S.C. 553(b)(B), the

Coast Guard finds that good cause exists

for making this regulation effective

immediately. Publishing a NPRM and

delaying the effective date would be

contrary to the interest of national

security. Due to the recent terrorist

attack on a U.S. Navy vessel, the Navy

has a heightened level of concern with

regards to all its vessels and their crews.

As a result, the Navy has determined a

need for increased security measures for

their vessels and crewmembers while

berthed at Naval Supply Center Pier,

Naval Base, San Diego. To accomplish

this goal, a temporary security zone is

needed to protect vessels while they are

berthed at Naval Supply Center Pier,

Naval Base, San Diego. Due to the need

to protect these vessels and their crews,

delaying the effective date would be

contrary to national security. At the

same time, we will invite public

comments on the security zone via the

publication of a NPRM. This temporary

regulation will be removed once

comments on the NPRM are analyzed

and a Final Rule is published.

Background and Purpose

The Coast Guard is establishing a

temporary security zone around the

Naval Supply Center Pier at Naval Base,

San Diego. The security zone consists of

the waters of San Diego Bay extending

approximately 100 feet out from the

north, west, and south sides of the

Naval Supply Center Pier.

Currently, there is a restricted area

around the Naval Supply Center Pier, 33

CFR 334.870(d). The Navy believes that

this restricted area, by itself, is

insufficient to adequately safeguard its

vessels. The Navy has been reviewing

all aspects of its anti-terrorism and force

protection posture in response to the

attack on the U.S.S. Cole. The creation

of this security zone will safeguard

vessels moored at the Naval Supply

Center Pier 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. Entry into, transit

through, or anchoring within this

security zone is prohibited unless

authorized by the Captain of the Port,

the Commander, Naval Base San Diego,

or the Commanding Officer, Naval

Station, San Diego.

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 temporary 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

regulation 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

already a restricted area codified at 33

CFR 334.870(d) with existing

regulations against vessel activity in the

same area.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

considered whether this regulation

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.

Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations 21869

The Coast Guard certifies under 5

U.S.C. 605(b) that this 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.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

121), we offer to assist small entities in

understanding the rule so that they may

better evaluate its effects on them and

participate in the rulemaking process.

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. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. 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 temporary 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

temporary regulation under Executive

Order 13132 and has 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 rule

would not impose an unfunded

mandate.

Taking of Private Property

This rule would 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 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 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.

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.

Environment

The Coast Guard has considered the

environmental impact of this temporary

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.

Regulation

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, and 160.5;

49 CFR 1.46.

2. A new section 165.T11–037 is

added to read as follows:

§ 165.T11–037 Security Zone: San Diego,

CA.

(a) Location. The following area is a

security zone: the waters of San Diego

Bay extending approximately 100 feet

from the north, west, and south sides of

the Naval Supply Center Pier enclosed

by lines connecting the following

points: Beginning at 32°42′50′′ N,

117°10′25′′ W (Point A); to 32°42′50′′ N,

117°10′38′′ W (Point B); to 32°42′54′′ N,

117°10′38′′ W (Point C); to 32°42′54′′ N,

117°10′25′′ W (Point D).

(b) Effective Dates. This temporary

regulation is effective May 2, 2001

through October 29, 2001.

(c) In accordance with the general

regulations in section 165.33 of this

part, entry into the area of this zone is

prohibited unless authorized by the

Captain of the Port or the Commanding

Officer, Naval Base, San Diego. Section

165.33 also contains other general

requirements.

(d) The U.S. Navy may assist the U.S.

Coast Guard in the patrol and

enforcement of this security zone.

Dated: April 6, 2001.

S.P. Metruck,

Commander, U.S. Coast Guard, Captain of

the Port, San Diego.

[FR Doc. 01–10713 Filed 5–1–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 01–008]

RIN 2115–AA97

Security Zone; San Diego Bay

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary security zone

at Naval Base, San Diego, California, at

the request of the U.S. Navy. The

temporary security zone will expand

across the mouth of Chollas Creek. This

security zone is needed to ensure the

physical protection of naval vessels

moored at Naval Base, San Diego.

DATES: This temporary regulation is

effective May 2, 2001 through October

29, 2001.

ADDRESSES: Coast Guard Marine Safety

Office, 2716 North Harbor Drive, San

Diego, CA, 92101–1064, (619) 683–6495.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Kathleen Garza, USCG, c/o

U.S. Coast Guard Captain of the Port,

telephone (619) 683–6495.