Security Zone; San Diego Bay

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]

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