[Federal Register Volume 63, Number 94 (Friday, May 15, 1998)]
[Proposed Rules]
[Pages 27019-27020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13016]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD11-98-003]
RIN 2115-AA97
Security Zone; San Diego Bay
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify and expand the geographical
boundaries of the permanent security zone codified at 33 CFR 165.1105
as follows: on the waters along the northern shoreline of Naval Air
Station North Island, the area enclosed by the following points:
Beginning at a point located at 32 deg.42'53.0'' N, 117 deg.11'45.0''
W, thence running northerly to a point located at 32 deg.42'55.5'' N,
117 deg.11'45.0'' W, thence running easterly to a point located at
32 deg.42'55.0'' N, 117 deg.11'30.5'' W, thence running southeasterly
to a point located at 32 deg.42'50.5'' N, 117 deg.11'26.0'' W, thence
running northeasterly to a point located at 32 deg.42'52.0'' N,
117 deg.11'24.5'' W, thence running southeasterly to a point located at
32 deg.42'43.5'' N, 117 deg.11'13.0'' W, thence running southerly to a
point located at 32 deg.42'30.5'' N, 117 deg.11'18.0'' W, thence
running southeasterly to a point located at 32 deg.42'21.0'' N,
117 deg.10'48.0'' W, thence running southerly to a point located at
32 deg.42'13.0'' N, 117 deg.10'51.0'' W, thence running generally
northwesterly along the shoreline of Naval Air Station North Island to
the place of beginning. The perimeter of the security zone will
continue to be marked and patrolled by United States Navy security
patrol boats.
There were previously only two aircraft carriers homeported at
Naval Air Station North Island; however, a third aircraft carrier has
recently been designated to homeport at Naval Air Station North Island.
The modification and expansion of this security zone is needed to
accommodate the homeporting of this third aircraft carrier at Naval Air
Station North Island. Entry into, transit through, or anchoring within
this security zone is prohibited unless authorized by the Captain of
the Port.
DATES: Comments must be received on or before July 14, 1998.
ADDRESSES: Comments may be mailed to LT Michael A. Arguelles, Coast
Guard Marine Safety Office, 2716 North Harbor Drive, San Diego, CA,
92101-1064, (619) 683-6484. The comments and other materials referenced
in this notice will be available for inspection and copying at the
above address. Normal office hours are between 7 a.m. and 4 p.m.,
Monday through Friday, except federal holidays. Comments may also be
hand-delivered to this address.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Mike Arguelles, USCG, c/o U.S. Coast Guard Captain of the
Port, 2716 N. Harbor Drive, San Diego, CA 92101-1064, (619) 683-6484.
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 in this preamble. Persons submitting
comments should include their names and addresses, identify the docket
number for this rulemaking (CGD11-98-003), 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 not practical, a second copy of any bound materials is
requested. Persons wanting acknowledgment of receipt of comments should
enclose a stamped, self-addressed 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.
[[Page 27020]]
Background and Purpose
This modification of 33 CFR 165.1105 is being proposed to
accommodate the homeporting of a new aircraft carrier at Naval Air
Station North Island. There were previously only two aircraft carriers
homeported at Naval Air Station North Island; however, a third aircraft
carrier has recently been designated to homeport at Naval Air Station
North Island. The modification and expansion of this security zone is
needed to accommodate the homeporting of this third aircraft carrier at
Naval Air Station North Island.
The modification and expansion of this security zone will prevent
recreational and commercial craft from interfering with military
operations involving all naval vessels homeported 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. Entry into, transit through,
or anchoring within this security zone is prohibited unless authorized
by the Captain of the Port.
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. It has been exempted from review by the Office of
Management and Budget 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 5 U.S.C. 601 et seq., the Coast Guard must consider whether
this proposal would have significant impact on a substantial number of
small entities. ``Small entities'' include independently owned and
operated small businesses that are not dominant in their field and that
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632). The Coast Guard expects the
economic impact of the proposal to be minimal on all entities. Because
it expects the impact of this proposal to be minimal, the Coast Guard
certifies under 5 U.S.C. 605(b) that this proposal, if adopted, will
not have a significant economic impact on a substantial number of small
entities.
Collection of Information
This proposed regulation contains no collection of information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
Federalism
The Coast Guard has analyzed this proposed regulation under the
principles and criteria contained in Executive Order 12612 and has
determined that this regulation does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulation
In consideration of the foregoing, the Coast Guard proposes to
amend subpart F of part 165 of Title 33, Code of Federal Regulations,
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. In Sec. 165.1105 paragraph (a), is revised to read as follows:
Sec. 165.1105 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 a point located at
32 deg.42'53.0''N, 117 deg.11'45.0''W; thence running northerly to a
point located at 32 deg.42'55.5''N, 117 deg.11'45.0''W; thence running
easterly to a point located at 32 deg.42'55.0''N; 117 deg.11'30.5''W;
thence running southeasterly to a point located at 32 deg.42'50.5''N,
117 deg.11'26.0''W; thence running northeasterly to a point located at
32 deg.42'52.0''N; 117 deg.11'24.5''W; thence running southeasterly to
a point located at 32 deg.42'43.5''N; 117 deg.11'13.0''W; thence
running southerly to a point located at 32 deg.42'30.5''N;
117 deg.11'18.0''W; thence running southeasterly to a point located at
32 deg.42'21.0''N; 117 deg.10'48.0''W; thence running southerly to a
point located at 32 deg.42'13.0''N; 117 deg.10'51.0''W; thence running
generally northwesterly along the shoreline of naval Air Station North
Island to the place of beginning.
* * * * *
Dated: April 20, 1998.
J. C. Card,
Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 98-13016 Filed 5-14-98; 8:45 am]
BILLING CODE 4910-15-M
