31872 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD11–01–011]

RIN 2115–AA97

Security Zone; Naval Amphibious

Base, San Diego Bay, CA.

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

create a permanent 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 exiting

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 their activities at Naval Base,

Coronado.

DATES: Comments must be received on

or before August 13, 2001.

ADDRESSES: Comments may be mailed to

LT Kathleen Garza, U.S. 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 pspringer@d11.uscg.mil.

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. 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 this is not

practical, a second copy of any bound

materials is requested. Persons wanting

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed 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 proposes to create a

permanent 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, 33

CFR 334.860. The Navy believes that

this restricted area, by itself, is

insufficient to adequately safeguard its

vessels and the military operations

involving the base. The Navy has been

reviewing all aspects of its antiterrorism and force protection posture

in response to the attack on the USS

COLE. The creation of this security zone

will safeguard vessels moored at the

Naval Amphibious Base 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.

Unlike the current restricted area, under

this proposed rule entry into, transit

through, or anchoring within this

security zone would be 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 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 has determined that

this rule does not have implications for

federalism under that Order.

Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Proposed Rules 31873

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.

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.

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:

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 § 165.1120 is added to read

as follows:

§ 165.1120 Security Zone: San Diego, CA.

(a) Location. The following area is a

security zone: the waters of San Diego

Bay, 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′′ (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) In accordance with the general

regulations in §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.

(c) The U.S. Coast Guard may be

assisted in the patrol and enforcement

of this security zone by the U.S. Navy.

Dated: May 22, 2001.

E.R. Riutta,

Vice Admiral, U.S. Coast Guard, Commander,

Eleventh Coast Guard District.

[FR Doc. 01–14820 Filed 6–12–01; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[CA–034–FIN; FRL–69964]

Clean Air Act Redesignation and

Reclassification, Searles Valley

Nonattainment Area; Designation of

Coso Junction, Indian Wells Valley,

and Trona Nonattainment Areas;

Reclassification of Coso Junction and

Indian Wells Valley Nonattainment

Areas; California; Particulate Matter of

10 Microns or Less (PM–10)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to change

the boundaries of the Searles Valley,

California moderate PM–10

nonattainment areas (NA) by dividing

that area into three separate NAs: Coso

Junction, Indian Wells Valley, and

Trona. Because air quality violations or

inadequate monitoring data, EPA is also

proposing to find that the proposed

Coso Junction and Indian Wells Valley

NAs have not attained the 24-hour and

annual PM–10 national ambient air

quality standards (NAAQS) by the Clean

Air Act (CAA) mandated attainment

date for moderate nonattainment areas.

EPA is further proposing to find that the

proposed Trona NA has attained the 24-

hour and annual NASQS.

If EPA takes final action on this

proposal, the Searles Valley NA would

be split into three new NAs, and the

Coso Junction and Indian Wells Valley

NAs would be reclassified by operation

of law as serious PM–10 NAs under

section 188(b)(2)(A) of the CAA. The

classification of the proposed Trona

PM–10 NA would remain moderate.

DATES: Comments on this proposed

action must be received in writing by

August 13, 2001.

ADDRESSES: Comments should be

addressed to John Ungvarsky, U.S.

Environmental Protection Agency,

Region 9, Air Division, Planning Office

(AIR–2), 75 Hawthorne Street, San

Francisco, California 94105.

FOR FURTHER INFORMATION CONTACT: John

Ungvarsky, U.S. Environmental

Protection Agency, Region 9, Air

Division, Planning Office (AIR–2), 75

Hawthorne Street, San Francisco,

California 94105, (415) 744–1286,

ungvarsky.john@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

The NAAQS are safety thresholds for

certain ambient air pollutants set by