[Federal Register: March 19, 2003 (Volume 68, Number 53)]
[Rules and Regulations]
[Page 13228-13231]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr03-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 03-003]
RIN 1625-AA00
Security Zones; San Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing fixed security zones extending
25 yards in the U.S. navigable waters around all piers, abutments,
fenders and pilings of the Golden Gate Bridge and the San Francisco-
Oakland Bay Bridge, San Francisco Bay, California. These security zones
are needed for national security reasons to protect the public and
ports from potential subversive acts. Entry into these security zones
is prohibited, unless doing so is necessary for safe navigation, to
conduct official business such as scheduled maintenance or retrofit
operations, or unless specifically authorized by the Captain of the
Port San Francisco Bay, or his designated representative.
DATES: This regulation is effective from 11 a.m. PST on February 13,
2003 to 11:59 p.m. PDT on September 30, 2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP San Francisco Bay 03-003] and are
available for inspection or copying at Coast Guard Marine Safety Office
San Francisco Bay, Coast Guard Island, Alameda, California, 94501,
between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Diana Cranston, U.S. Coast
Guard Marine Safety Office San Francisco Bay, at (510) 437-3073.
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
[[Page 13229]]
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 Golden Gate Bridge and the San Francisco-Oakland Bay Bridge.
Additionally, the measures contemplated by this rule are intended to
prevent future terrorist attacks against individuals on or near the
Golden Gate Bridge and the San Francisco-Oakland Bay 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
growing tensions in Iraq have made it prudent to U.S. ports to be on a
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 Golden Gate Bridge and the San
Francisco-Oakland Bay Bridge would have on the public interest, the
Coast Guard is establishing security zones around the Golden Gate
Bridge and the San Francisco-Oakland Bay 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
Golden Gate Bridge and the San Francisco-Oakland Bay Bridge, San
Francisco 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
proposed 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 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 San Francisco Bay and Delta 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
[[Page 13230]]
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 an 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs 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.lD, 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), Reports and record
keeping requirements, Security measures, Waterways.
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 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. Add Sec. 165.T11-078 to read as follows:
Sec. 165.T11-078 Security Zones; Golden Gate Bridge and the San
Francisco-Oakland Bay Bridge, San Francisco Bay, California.
(a) Location. All waters extending from the surface to the sea
floor, 25 yards around all piers, abutments, fenders and pilings of the
Golden Gate Bridge and the San Francisco-Oakland Bay Bridge, San
Francisco Bay, California.
(b) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into these security zones is
prohibited, unless doing so is necessary for safe navigation, to
conduct official business such as scheduled maintenance or retrofit
operations, or unless specifically authorized by the Captain of the
Port San Francisco Bay, or his designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 510-437-3073 or on
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area.
If permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
(d) Authority. In addition to 33 U.S.C. 1231, the authority for
this section includes 33 U.S.C. 1226.
(e) Enforcement. All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene patrol personnel. Patrol personnel comprise commissioned,
warrant, and petty officers of the Coast Guard onboard Coast Guard,
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by
[[Page 13231]]
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
(f) Effective Dates. This section becomes effective at 11 a.m. PST
on February 13, 2003, and will terminate at 11:59 p.m. PDT on September
30, 2003.
Dated: February 13, 2003.
Steven J. Boyle,
Commander, Coast Guard, Acting Captain of the Port, San Francisco Bay,
California.
[FR Doc. 03-6630 Filed 3-18-03; 8:45 am]
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