[Federal Register Volume 61, Number 138 (Wednesday, July 17, 1996)]
[Rules and Regulations]
[Pages 37211-37213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18114]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP San Diego 96-002]
RIN 2115-AA97
Security Zone; San Diego Bay, San Diego, CA
AGENCY: Coast Guard, DOT.
[[Page 37212]]
ACTION: Final rule.
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SUMMARY: At the request of the U.S. Secret Service, the Coast Guard is
establishing a temporary security zone within San Diego Bay adjacent to
the San Diego Convention Center. The security zone is needed to protect
those attending the Republican National Convention by securing the
nearby Marriott Marina and any adjacent vessels, waterfront facilities,
or waters. Authorized vessels will be permitted to remain within the
security zone.
EFFECTIVE DATES: This rule is in effect from 8 a.m. Pacific Daylight
Time (PDT) on August 11, 1996 until 11 p.m. PDT on August 15, 1996.
ADDRESSES: Copies of documents referenced in this rulemaking are
available for inspection or copying at Marine Safety Office San Diego,
2716 N. Harbor Dr., San Diego, California between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant (j.g.) John V. Reinert,
Marine Safety Office San Diego, (619) 683-6486.
SUPPLEMENTARY INFORMATION:
Regulatory History
On May 23, 1996 the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled ``Security Zone; San Diego Bay, San Diego,
CA'' (COTP San Diego, CA'' (COTP San Diego 96-002) in the Federal
Register (61 FR 25838). The Captain of the Port (COTP) held public
meetings on June 1 and July 2, 1996 on the proposal. Twelve people made
comments at the public meetings, and 23 written comments were submitted
prior to the closure of the comment period on July 8, 1996. Copies of
the comments and a videotape of the public meetings are available for
inspection or copying at the location indicated under ADDRESSES.
Discussion of Comments and Changes
The Coast Guard received 29 comments from individuals, 6 comments
from small businesses, and two comments from organizations concerning
the proposal.
Nine commenters questioned the legal authority of the COTP to
perform searches of vessels within the security zone. The establishment
of marine security zones is authorized by 50 U.S.C. 191. Through 33
U.S.C. 1223, 1225, and 1226, the Coast Guard is authorized to take
measures, including the establishment of security zones, to protect
vessels, harbors, and waterfront facilities. The authority to establish
and enforce these security zones has been delegated to the COTP under
33 CFR Parts 6 and 165. Under 33 CFR Part 6, the COTP may utilize this
security zone authority to regulate navigation and other activities,
and limit access to defined areas by conditioning entry or presence in
the zone on receiving the permission of the COTP. When a security zone
is established, vessels entering or remaining in the zone are doing so
with the permission of the COTP. The COTP has determined that the
Republican National Convention presents a security need for a search of
vessels and facilities within this security zone in order to detect
explosives, weapons, or other articles which may pose a threat to the
Marriott Marina or any adjacent vessels, waterfront facilities, or
waters. Under this rule, permission by the COTP for vessels to enter or
remain in the security zone is conditioned upon consent to such a
search. Vessel owners electing not to give consent for a search will
not be granted permission to enter or remain in the security zone, once
it is established.
Thirty-four comments were received regarding the proposed
limitation on access to docks and vessels within the security zone
between the hours of 10 p.m. and 8 a.m. In light of the comments
received and a change in the event security plan by the U.S. Secret
Service, the COTP has removed this item from the Final Rule.
Seventeen comments were received regarding the proposed limitation
on access to the docks and restriction on vessel movements from 2 p.m.
until 11 p.m. on 15 August. In light of the comments received and a
change in the event security plan by the U.S. Secret Service, the COTP
has removed this item from the Final Rule.
Several comments were received concerning the proposed requirement
that a vessel owner or operator provide the COTP a list of names of all
individuals transiting the security zone, prior to transiting the zone.
In light of the comments received and a change in the event security
plan by the U.S. Secret Service, the COTP has removed this item from
the Final Rule.
Several questions were received concerning operational enforcement
of the security zone, e.g., number of patrol boats involved, number of
Coast Guard personnel, and pay grades of personnel involved with
searches. Security considerations preclude publicizing Coast Guard
enforcement resource information before and during the effective period
of the security zone. Access to agency records regarding resources
utilized may be requested after August 15, 1996 by writing to the
address under ADDRESSES.
Discussion of Regulations
The Republican National Convention will be held at the San Diego
Convention Center in San Diego, CA from August 12 through 15, 1996. The
Secret Service has requested that the Coast Guard establish this
security zone to ensure the security of those attending the Republican
National Convention by securing the nearby Marriott Marina and any
adjacent vessels, waterfront facilities, and waters. Expected attendees
at the convention include former U.S. Presidents and their spouses,
high ranking U.S. Government officials, and the Republican Presidential
and Vice-Presidential Nominees and their spouses.
The security zone is in effect from 8 a.m. PDT on August 11, 1996
until 11 p.m. PDT on August 15, 1996. The security zone will encompass
the entrance to the Marriott Marina starting at a point along the
waterfront between Marriott Marina finger piers ``F'' and ``G'' at a
point 32 deg.42'26''N, 117 deg.09'56''W; extending southwesterly to the
south end of North Embarcadero Park at a point 32 deg.42'20''N,
117 deg.10'01''W; continuing 500 feet southwesterly toward channel buoy
``23'' at a point 32 deg.42'16''N, 117 deg.10'07''W; then extending
southeasterly following the South Embarcadero Park shoreline to a point
where it intersects with the easterly side of the navigable channel at
32 deg.42'13''N, 117 deg.10'02''W; then proceeding along the channel
edge 100 feet past the southernmost point of South Embarcadero Park to
a point 32 deg.42'09''N, 117 deg.09'50''W; then northeasterly until it
intersects with the shoreline at a point 32 deg.42'16''N,
117 deg.09'42''W; then along shoreline to the point of beginning.
Pursuant to the Coast Guard's authority in 33 U.S.C. 1223, 50
U.S.C. 191, and the general regulations governing security zones in 33
CFR 165.33 and 33 CFR 6.04, no vessel will be allowed to enter or
remain in this zone unless specifically authorized by the COTP. The
COTP may grant permission for a vessel to enter or remain within the
security zone if the vessel owner or operator first consents to a
search of the vessel by the U.S. Secret Service, the Coast Guard, or
other authorities for the purpose of detection of explosives, weapons,
or other articles which may pose a threat to the Marriott Marina or any
adjacent vessels, waterfront facilities, or waters. The owner or
operator of a vessel entering the security zone must also provide the
COTP with the number of persons on board and destination slip number.
[[Page 37213]]
Vessels whose owners or operators do not consent to a search of their
vessels or who refuse to provide any information requested by the COTP
will not be granted permission to enter or remain within the security
zone.
The COTP may grant permission for a vessel in the moorings at the
Marriott Marina to remain within the security zone if the owners or
operators consent to a search of the vessel. If a vessel leaves its
mooring and exits the security zone, its reentry will be conditioned on
consent to be searched.
The COTP, working with Secret Service and other law enforcement
authorities during this operation, may impose other restrictions within
the security zone if circumstances dictate. Restrictions imposed by the
COTP will be tailored to impose the least impact on maritime interests
while ensuring the security of the Marriott Marina and any adjacent
vessels, waterfront facilities, or waters.
Regulatory Evaluation
This rule 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
rule to be so minimal that a full Regulatory Evaluation under paragraph
10(e) of the regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under 5 U.S.C. 601 et seq., known as the Regulatory Flexibility
Act, the Coast Guard considered whether this rule will have a
significant economic 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 COTP will allow vessels in the
Marriott Marina to remain at their moorings while the security zone is
in place, subject to the conditions discussed previously. Costs
incurred by vessel owners and commercial entities within the security
zone are expected to be minimal. Any such costs are greatly outweighed
by the need to safeguard the security of the attendees at the
convention. Since the impact of this rule is expected to be minimal,
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.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and this rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Environmental Assessment
This rule has been thoroughly reviewed by the Coast Guard and
determined to be categorically excluded from further environmental
documentation in accordance with section 2.B.2.c of Commandant
Instruction M16475.1B, as revised in 59 FR 38654, July 29, 1994. A
Categorical Exclusion Determination and Environmental Analysis
Checklist are included in the docket and is available for inspection
and copying at the address listed under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Final Regulations
In consideration of the foregoing, Part 165 of Title 33, Code of
Federal Regulations, is amended as follows:
PART 165--[AMENDED]
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. A new section 165.T11-030 is added to read as follows:
Sec. 165.T11-030 Security Zone; San Diego Bay, San Diego, CA.
(a) Location. The following area is a security zone: the water and
land area adjacent to the San Diego Convention Center, San Diego, CA,
described as follows:
Beginning at 32 deg.42'26''N, 117 deg.09'56''W; then southwest to
32 deg.42'20''N, 117 deg.10'01''W; then southwest to 32 deg.42'16''N,
117 deg.10'07''W; then southeast to the outer channel line to
32 deg.42'13''N, 117 deg.10'02''W; then continuing along the outer
channel line to 32 deg.42'09''N, 117 deg.09'50''W; then northeast to
point of land at 32 deg.42'16''N, 117 deg.09'42''W; then along the
shoreline to the point of beginning. Datum: NAD 83).
(b) Effective dates. This section is effective from 8 a.m. PDT on
August 11, 1996 until 11 p.m. PDT on August 15, 1996.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.33 of
this part, entry into this zone is prohibited except as authorized by
the Captain of the Port.
(2) The Captain of the Port may grant permission for a vessel to
enter or remain within the security zone if the owners or operators
consent to a search of their vessel for the purpose of locating
explosives, weapons, or other articles or things which could pose a
threat to the security of the Marriott Marina, adjacent vessels,
waterfront facilities, or waters.
(3) All persons and vessels within the security zone shall comply
with the instructions of the Coast Guard Captain of the Port or the
designated on scene patrol personnel. Upon being hailed via siren,
radio, flashing light, or other means, the operator of a vessel shall
follow the instructions of the patrol personnel.
(4) The Captain of the Port will notify the public of the status of
this security zone by Marine Safety Radio Broadcast on VHF Marine Band
Radio, Channel 22 (157.1 MHz).
Dated: July 9, 1996.
J.A. Watson,
Commander, U.S. Coast Guard, Captain of the Port, San Diego.
[FR Doc. 96-18114 Filed 7-16-96; 8:45 am]
BILLING CODE 4910-14-M
