Security Zone; San Diego Bay, San Diego, CA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP San Diego 96-002]

RIN 2115-AA97

Security Zone; San Diego Bay, San Diego, CA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Secret Service, the Coast Guard proposes

to establish a temporary security zone within San Diego Bay adjacent to

the San Diego Convention Center. The security zone is needed to ensure

the security of 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 enter or remain within the security zone.

DATES: Comments must be received on or before July 8, 1996. Two public

meetings will be held: one meeting on June 1, 1996 at 10 a.m. and the

second meeting on July 2, 1996 at 7 p.m.

ADDRESSES: Comments may be mailed to LTJG John V. Reinert, Marine

Safety Office San Diego, 2716 N. Harbor Dr., San Diego, CA 92101.

Comments may also be delivered between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays. Comments will be available for

inspection and copying at this address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal holidays.

The June 1, 1996 public meeting will be held at the San Diego

Marriott and Marina, 385 West Harbor Drive, San Diego, CA. The July 2,

1996 public meeting will be held at Building ``I'', Coast Guard

Activities San Diego, 2710 North Harbor Drive, San Diego, CA.

FOR FURTHER INFORMATION CONTACT:

LTJG John V. Reinert, Marine Safety Office, 2716 N. Harbor Dr., San

Diego, CA 92101 (619) 683-6486.

SUPPLEMENTARY INFORMATION:

Request for Comments

Interested persons are invited to participate in this rule making

by submitting written views, data or arguments. Persons submitting

comments should include their names and addresses, identify this notice

(COTP San Diego 96-002) and the specific section of the proposal to

which their comments apply. Reasons should be given for each comment.

The regulations may be changed in view of the comments received. All

comments received before the expiration of the comment period will be

considered before final action is taken. The receipt of comments will

be acknowledged if a stamped self-addressed postcard or envelope is

enclosed.

The Captain of the Port San Diego plans to hold two public meetings

in San Diego, CA on this proposed rule. The first meeting will be June

1, 1996 at 10 a.m. at the San Diego Marriott and Marina. The second

meeting will be held at 7 p.m. at Building ``I'' Coast Guard Activities

San Diego.

Discussion of Proposed Regulations

The Republican National Convention will be held at the San Diego

Convention Center in San Diego, CA from August 11 through 15, 1996. The

Secret Service requested that the Coast Guard establish the proposed

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, or waters. Expected attendees

at the Convention may include former U.S. presidents and their spouses,

high ranking U.S. government officials and the Republican presidential

and vice-presidential nominees.

The security zone will be 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, and includes the

following water and land area: 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 southeasterly

following the South Embarcadero Park shoreline so a point where it

intersects with the easterly side of navigable channel at

32 deg.42'13''N, 117 deg.10'02''W, 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'', 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 USC

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 Captain of the Port

(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, U.S. Coast Guard,

or other authorities for the purpose of finding 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 a list of persons on board and destination slip number.

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. While the security zone is in effect, no person will be granted

permission by the COTP to remain on any vessel within the security zone

between the hours of 10 p.m. and 8 a.m.

The COTP may grant permission for a vessel in the mooring 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. Additionally, the owner or operator of the

vessel will be required to provide the COTP with a list of persons on

board the vessel when transiting the security zone and an estimated

time of return to moorings within the security zone.

Under the authority granted the COTP in 33 CFR 6.04-8 to control

the movement of any vessel within the territorial waters of the United

States under his jurisdiction, vessels within the security zone will

not be allowed to move on August 15, 1996 from 2 p.m. to 11 p.m. The

COTP will not grant permission for any vessel to enter the security

zone during that time period. Additionally, during this time period,

[[Page 25839]]

under the authority in 33 CFR 6.04-7, the COTP will not allow any

person to remain on vessels moored at Marriott Marina finger piers G,

H, I, and J.

The COTP, working with the 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 or any adjacent

vessels, waterfront facilities, or waters.

Regulatory Evaluation

This proposal 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.

Small Entities

Under 5 U.S.C. 601 et seq., known as the Regulatory Flexibility

Act, the Coast Guard must consider whether this proposal 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 Captain of the Port may grant

permission for vessels to enter or remain in the security zone, 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 ensure

the security of those attending the Republican National Convention by

securing the nearby Marriott Marina and any adjacent vessels,

waterfront facilities, or waters. Since the impact of this proposal is

expected 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 proposal 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 action does not

raise sufficient federalism implications to warrant the preparation of

a Federalism Assessment.

Environmental Assessment

This proposed 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.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

In consideration of the foregoing, 33 CFR part 165 is proposed to

be 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-

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 northwest to point of land at 32 deg.42'16''N,

117 deg.09'42''W; then along shoreline to the point of beginning.

(Datum: NAD 83)

(b) Effective dates. This section is in effect 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, entry into this zone is prohibited except as authorized by

the Captain of the Port.

(2) The COTP 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: April 26, 1996.

J.A. Watson,

Commander, U.S. Coast Guard, Captain of the Port, San Diego.

[FR Doc. 96-13041 Filed 5-22-96; 8:45 am]

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