31870 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Proposed Rules

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR part 100 as follows:

PART 100—MARINE EVENTS

1. The authority citation for part 100

continues to read as follows:

Authority: 33 U.S.C. 1233 through 1236; 49

CFR 1.46; 33 CFR 100.35.

2. Section 100.526 is added to read as

follows:

§ 100.526 Fireworks Displays, Patapsco

River, Baltimore, Maryland.

(a) Definitions—(1) Inner Harbor

Regulated Area. The Inner Harbor

Regulated Area is defined as the waters

of the Patapsco River enclosed within

the arc of a circle with a radius of 400

feet and with its center located at

latitude 39°16.9′ N, longitude

076°36.3′ W. All coordinates

reference Datum NAD 1983.

(2) Northwest Harbor Regulated Area.

The Northwest Harbor Regulated Area is

defined as the waters of the Patapsco

River enclosed within the arc of a circle

with a radius of 500 feet and with its

center located at latitude 39°16.6’ N,

longitude 076°35.8′ W. All coordinates

reference Datum NAD 1983.

(3) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Activities Baltimore.

(4) Official Patrol. The Official Patrol

is any vessel assigned or approved by

Commander, Coast Guard Activities

Baltimore with a commissioned,

warrant, or petty officer of the Coast

Guard on board and displaying a Coast

Guard ensign.

(b) Special Local Regulations. (1)

Except for persons or vessels authorized

by the Coast Guard Patrol Commander,

no person or vessel may enter or remain

in the Inner Harbor Regulated Area or

the Northwest Harbor Regulated Area.

(2) The operator of any vessel in these

areas shall:

(i) Stop the vessel immediately when

directed to do so by any official patrol.

(ii) Proceed as directed by any official

patrol.

(c) Effective Dates: This section is

effective:

(1) Annually from 8:30 p.m. on July

4 until 9:30 p.m. on July 4; and

(2) Annually from 11:45 p.m. on

December 31 until 12:45 a.m. on January

1.

(d) Rain Dates: If the July 4 fireworks

display is cancelled for the evening due

to inclement weather, then this section

is effective between 8:30 p.m. and 9:30

p.m. on July 5. If the December 31

fireworks display is cancelled for the

evening due to inclement weather, then

this section is effective from 11:45 p.m.

on January 1 until 12:45 a.m. on January

2. Notice of the effective period will be

given via Marine Safety Radio Broadcast

on VHF–FM marine band radio,

Channel 22 (157.1 MHz).

Dated: 23 May 2001.

J.E. Shkor,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 01–14819 Filed 6–12–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD11–01–008]

RIN 2115–AA97

Security Zone; Naval Supply Center

Pier, 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 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: Comments must be received on

or before August 13, 2001.

ADDRESSES: Comments may be mailed to

LTJG Erin Calvert, 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 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 USS 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

Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Proposed Rules 31871

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.

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 § 165.1121 is added to read

as follows:

§ 165.1121 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) 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. Section 165.33 also

contains other general requirements.

(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. 01–14821 Filed 6–12–01; 8:45 am]

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