[Federal Register: April 15, 2003 (Volume 68, Number 72)]
[Rules and Regulations]
[Page 18123-18126]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap03-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Diego 03-013]
RIN 1625-AA00
Security Zone: Coronado Bay Bridge, San Diego, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary security zones 25
yards in the U.S. navigable waters around all piers, abutments, fenders
and pilings of the Coronado Bay Bridge.
[[Page 18124]]
These temporary security zones are needed for national security reasons
to protect the public ports from potential subversive actions. Persons
and vessels are prohibited from entering into, transiting through,
loitering, or anchoring within this security zone unless authorized by
the Captain of the Port, or his designated representative.
DATES: This rule is effective from 12:01 a.m. (P.S.T.) on March 22,
2003, until 11:59 p.m. (P.D.T.) on June 22, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (COTP San Diego 03-013) and are available for
inspection or copying at Marine Safety Office San Diego, 2716 North
Harbor Drive, San Diego, CA 92101-1064 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer Austin Murai, USCG, c/o
U.S. Coast Guard Captain of the Port, telephone (619) 683-6495.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), for the reasons set forth below,
the Coast Guard finds that good cause exists for not publishing an
NPRM. Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register because the threat of maritime
attacks is real as evidenced by the October 2002 attack of a tank
vessel off the coast of Yemen and the continuing threat to U.S. assets
as described in the President's finding in Executive Order 13273 of
August 21, 2002 (67 FR 56215, September 3, 2002), that the security of
the U.S. is endangered by the September, 11, 2001 attacks, and that
such disturbances continue to endanger the international relations of
the United States. See also Continuation of the National Emergency with
Respect to Certain Terrorist Attacks, (67 FR 58317, September 13,
2002); Continuation of the National Emergency With Respect To Persons
Who Commit, Threaten To Commit, Or Support Terrorism, (67 FR 59447,
September 20, 2002). Moreover, the Secretary of the Department of
Homeland Security and the Attorney General recently elevated the Threat
Level to Orange-High Condition. A High Condition is declared when there
is a high risk of terrorist attacks. As a result, many agencies, like
the Coast Guard, that will be a part of the new Department of Homeland
Security on March 1, are taking additional steps to increase their
protective measures. Under High Condition, among other things, federal
agencies are to consider the following protective measures: Coordinate
necessary security efforts with Federal, State, and local law
enforcement agencies, National Guard or other security and armed
forces; and restrict access to a threatened facility to essential
personnel only. As a result, a heightened level of security has been
established around the Coronado Bridge. Additionally, the measures
contemplated by this rule are intended to prevent future terrorist
attacks against individuals on or near the Coronado Bridge. Any delay
in the effective date of this TFR is impractical and contrary to the
public interest.
Background and Purpose
Since the September 11, 2001, terrorist attacks on the World Trade
Center in New York, the Pentagon in Arlington, Virginia and Flight 93,
the Federal Bureau of Investigation (FBI) has issued several warnings
concerning the potential for additional terrorist attacks within the
United States. In addition, the ongoing hostilities in Afghanistan and
the war with Iraq have made it prudent to U.S. ports to be on higher
state of alert because the Al-Qaeda organization and other similar
organizations have declared an ongoing intention to conduct armed
attacks on U.S. interests worldwide. In its effort to thwart terrorist
activity, the Coast Guard has increased safety and security measures on
U.S. ports and waterways. As part of the Diplomatic Security and
Antiterrorism Act of 1986 (Pub. L. 99-399), Congress amended section 7
of the Ports and Waterways Safety Act (PWSA), 33 U.S.C. 1226, to allow
the Coast Guard to take actions, including the establishment of
security and safety zones, to prevent or respond to acts of terrorism
against individuals, vessels, or public or commercial structures.
In this particular rulemaking, to address the aforementioned
security concerns, and to take steps to prevent the catastrophic impact
that a terrorist attack against the Coronado Bridge would have on the
public interest, the Coast Guard is establishing security zones around
the Coronado Bridge. These security zones help the Coast Guard to
prevent vessels or persons from engaging in terrorist actions against
these bridges. Due to these heightened security concerns, and the
catastrophic impact a terrorist attack on these bridges would have on
the public the transportation system and surrounding areas and
communities, security zones are prudent for these structures.
Discussion of Rule
In this temporary rule, the Coast Guard is establishing fixed
security zones extending from the surface to the sea floor, 25 yards in
the waters around all piers, abutments, fenders and pilings of the
Coronado Bridge, San Diego Bay, California. Entry into these security
zones is prohibited, unless doing so is necessary for safe navigation,
or to conduct official business such as scheduled maintenance or
retrofit operations. Vessels and people may be allowed to enter an
established security zone on a case-by-case basis with authorization
from the Captain of the Port.
Vessels or persons violating this section will be subject to the
penalties set forth in 33 U.S.C. 1232. Pursuant to 33 U.S.C. 1232, any
violation of the security zone described herein, is punishable by civil
penalties (not to exceed $27,500 per violation, where each day of a
continuing violation is a separate violation), criminal penalties
(imprisonment up to 6 years and a maximum fine of $250,000), and in rem
liability against the offending vessel. Any person who violates this
section, using a dangerous weapon, or who engages in conduct that
causes bodily injury or fear of imminent bodily injury to any officer
authorized to enforce this regulation, also faces imprisonment up to 12
years.
Coast Guard personnel will enforce this regulation and the Captain
of the Port may be assisted by other Federal, State, or local agencies
in the patrol and enforcement of the regulation. This regulation is
issued under the authority of 33 U.S.C. 1226 in addition to the
authority contained in 33 U.S.C. 1231.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland
Security (DHS).
Although this regulation restricts access to the zones, the effect
of this regulation will not be significant because: (i) The zones will
encompass only a small portion of the waterway; (ii) vessels will be
able to pass safely around the zones; and (iii) vessels may be allowed
to enter these zones on a
[[Page 18125]]
case-by-case basis with permission of the Captain of the Port, or his
designated representative.
The sizes of the zones are the minimum necessary to provide
adequate protection for the bridges, vessels operating in the vicinity,
their crews and passengers, adjoining areas and the public. The
entities most likely to be affected are commercial vessels transiting
the main ship channel en route the southern San Diego Bay and Chula
Vista ports and pleasure craft engaged in recreational activities and
sightseeing.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic 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 rule will
not have a significant economic impact on a substantial number of small
entities. The security zones will not have a significant economic
impact on a substantial number of small entities for several reasons:
Small vessel traffic can pass safely around the security zones and
vessels engaged in recreational activities, sightseeing and commercial
fishing have ample space outside of the security zones to engage in
these activities. Small entities and the maritime public will be
advised of these security zones via public notice to mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
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 rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 create 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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation because we are establishing a security
zone. A ``Categorical Exclusion Determination'' is available in the
docket for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record-
keeping requirements, Security measures, Waterways.
0
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
0
1. The authority citation for 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; Department of Homeland Security
Delegation No. 0170.
0
2. Add new Sec. 165.T11-032 to read as follows:
Sec. 165.T11-032 Security Zone: Coronado Bay Bridge, San Diego, CA.
(a) Location. All waters extending from the surface to the sea
floor, 25 yards around all piers, abutments,
[[Page 18126]]
fenders and pilings of the Coronado Bay Bridge on the navigable waters
of San Diego Bay. This security zone will not restrict the main
navigational channel and vessels will not be restricted from transiting
through the channel.
(b) Effective Period. This section is effective from 12:01 a.m.
(PST) on March 22, 2003 until 11:59 p.m. (PDT) on June 22, 2003. If the
Coast Guard terminates enforcement of this security zone prior to the
scheduled termination of this section, the Captain of the Port will
announce that fact via Broadcast Notice to Mariners.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, loitering, or
anchoring within this security zone by all persons and vessels is
prohibited, unless authorized by the Captain of the Port, or his
designated representative. Mariners are advised that the security zones
will not restrict the main navigational channel and transit through the
channel is not prohibited. Mariners requesting permission to transit
through the security zone may request authorization to do so from
Captain of the Port or his designated representative. The Coast Guard
can be contacted on San Diego Bay via VHF-FM channel 16.
(d) Authority. In addition to 33 U.S.C. 1231, the authority for
this section includes 33 U.S.C. 1226.
Dated: March 21, 2003.
Stephen P. Metruck,
Commander, Coast Guard, Captain of the Port, San Diego.
[FR Doc. 03-8946 Filed 4-14-03; 8:45 am]
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