21864 Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations

Discussion of Rule

At present, sections 33 CFR 164.11

entitled ‘‘Navigation under way;

General’’, 33 CFR 164.30 entitled

‘‘Charts, Publications, and Equipment,

General’’, and 33 CFR 164.33 entitled

‘‘Charts and Publications’’ require that

all vessels have printed marine charts

that are published by National Ocean

Service, the U.S. Army Corps of

Engineers, or a river authority, and plot

each fix on those charts. The charts

must be currently corrected at a large

enough scale, and have enough detail to

make safe navigation of the area

possible. This proposed rule would

amend the ‘‘Applicability’’ section (33

CFR 164.01) to offer an alternative to

certain U.S. public vessels from the

printed nautical charts and publications

requirement. The alternative means of

compliance would only apply to vessels

using an electronic charting and

navigation system, which is approved

by the Federal agency exercising

operational control of the vessel.

Regulatory Evaluation

This direct final rule 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 rule

has not been reviewed by the Office of

Management and Budget under this

Order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation

(DOT)(44 FR 11040; February 26, l979).

The Coast Guard expects the economic

impact of this rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This direct final rule would exclude

public vessels from certain requirements

for paper navigational charts and

publications that are found in 33 CFR

Part 164 (Sections 164.11, 164.30, and

164.33). Agencies will be allowed the

flexibility of using either electronic

charts or the currently required paper

charts. Consequently, this rule would

not impose any mandatory costs on the

agencies it involves.

This direct final rule would apply to

warships and other vessels owned or

operated by the United States

Government and used only in

government noncommercial service

when equipped with an approved

electronic system.

The Coast Guard does not expect

using electronic charts and navigation

systems in place of paper charts to

adversely impact maritime safety.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considers whether this rule will have a

significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include 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 expects that this rule

would have a minimal economic impact

on small entities. The Coast Guard does

not believe that vessels affected by this

rule are owned or operated by small

entities, but by the federal government.

In addition, the acceptable paper charts

currently authorized are not printed or

produced by small entities. Therefore,

the Coast Guard believes that few, if

any, small entities would be affected

either directly or indirectly by this rule.

Therefore, the Coast Guard certifies

under 5 U.S.C. 605(b) that this rule will

not have a significant economic impact

on a substantial number of small

entities. Comments submitted in

response to this finding will be

evaluated under the criteria in the

‘‘Regulatory Information’’ section of this

preamble.

Collection of Information

This rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 13132,

and has determined that this rule does

not have sufficient implications for

federalism to warrant the preparation of

a Federalism Assessment. This

rulemaking only applies to Federal

Government owned or operated public

vessels. Therefore, since States may not

regulate such vessels, a Federal

Assessment is unnecessary.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under figure 2–1,

paragraph (34)(d) of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. The

Coast Guard believes this rule would

have no significant effect on the

environment or any effect on regulations

involving the environment. The Coast

Guard does recognize this rule may even

have a positive effect on the

environment by minimizing the risk of

environmental harm resulting from

vessel groundings. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 164

Marine safety, Navigation.

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 164 as follows:

PART 164—NAVIGATION SAFETY

REGULATIONS

1. The Authority citation for part 164

continues to read as follows:

Authority: 33 U.S.C. 1223, 1231; 46 U.S.C.

2103, 3703; 49 CFR 1.46. Sec. 164.13 also

issued under 46 U.S.C. 8502. Sec. 164.61 also

issued under 46 U.S.C. 6101.

2. In § 164.01, revise paragraph (a),

and add paragraph (c) to read as follows:

§ 164.01 Applicability.

(a) This part (except as specifically

limited by this section) applies to each

self-propelled vessel of 1600 or more

gross tons (except as provided in

paragraph (c) of this section, or for

foreign vessels described in § 164.02)

when it is operating in the navigable

waters of the United States except the

St. Lawrence Seaway.

(b) * * *

(c) Provisions of §§ 164.11(a)(2) and

(c), 164.30, and 164.33 do not apply to

warships or other vessels owned, leased,

or operated by the United States

Government and used only in

government noncommercial service

when these vessels are equipped with

electronic navigation systems that have

met the applicable agency regulations

regarding navigation safety.

Dated: January 19, 2001.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 01–10834 Filed 5–1–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 01–006]

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

Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations 21865

in the navigable waters of San Diego

Bay, San Diego, CA. 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

establishment of this temporary security

zone is needed to ensure the physical

protection of this third aircraft carrier at

Naval Air Station North Island.

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 supplemental notice of proposed

rulemaking (SNPRM) for a permanent

rulemaking of this regulation is in

process. 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 U.S.

Naval Air Station North Island. To

accomplish this goal, a temporary

security zone is needed to protect

vessels while they are berthed at U.S.

Naval Air Station North Island. 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 are inviting public

comments on the security zone via the

publication of a SNPRM. This

temporary regulation will be removed

once comments on the SNPRM are

analyzed and a Final Rule is published.

Background and Purpose

The Coast Guard is establishing the

temporary security zone, to

accommodate the home-porting of a

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 establishment of this temporary

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

establishment of this temporary 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 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

regulation 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 temporary 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 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.

21866 Federal Register / Vol. 66, No. 85 / Wednesday, May 2, 2001 / Rules and Regulations

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:

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.T11–038 is

added to read as follows:

§ 165.T11–038 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°42′53.0′′ N, 117°11′45.0′′ W (Point A);

thence running northerly to 32°42′55.5′′

N, 117°11′45.0′′ W (Point B); thence

running easterly to 32°42′55.5′′ N,

117°11′30.5′′ W (Point C); thence

running southeasterly to 32°42′40.0′′ N,

117°11′06.5′′ W (Point D); thence

running southerly to 32°42′37.5′′ N, 117°

11′07.0′′ W (Point E); thence running

southerly to 32°42′28.5′′ N, 117°11′11.0′′

W (Point F); thence running

southeasterly to 32°42′22.0′′ N,

117°10′48.0′′ W (Point G); thence

running southerly to 32°42′13.0′′ N,

117°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) Effective Dates. This temporary

regulation is effective May 2, 2001

through October 29, 2001.

(c) Regulations. 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,

Commmander, U.S. Coast Guard Captain of

the Port, San Diego.

[FR Doc. 01–10715 Filed 5–1–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 01–007]

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 Amphibious Base,

Coronado, California, at the request of

the U.S. Navy. This security zone will

be established inside an already existing

restricted area defined by the U.S. Navy

maintained buoys. The establishment of

this security zone is needed to ensure

the physical protection of naval vessels

and its activities at Naval Base,

Coronado.

DATES: This temporary regulation is

effective May 2, 2001 through October

29, 2001.

ADDRESSES: U.S. 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 good cause exists for

making this temporary 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

Amphibious Base Coronado, Coronado,

CA. To accomplish this goal, a

temporary security zone is needed to

protect vessels while they are berthed at

Naval Amphibious Base, Coronado. 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

comment on the security zone via the

publication of an 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 Amphibious Base, Coronado,

California, at the request of the U.S.

Navy. The security zone will consist of

the waters of San Diego Bay around the

perimeter of the Naval Amphibious

Base, extending approximately 100

yards out. Currently, there is a restricted

area around the Naval Amphibious

Base, which is located at 33 CFR section

334.860. The Navy believes that this