[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Proposed Rules]
[Pages 25838-25839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13041]
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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]
BILLING CODE 4910-14-M