Regulated Navigation Area; San Diego Bay, Mission Bay and Their Approaches, CA, 70493-70496 [05-23030]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
VerDate Aug<31>2005
15:28 Nov 21, 2005
Jkt 208001
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation. Under figure 2–1,
paragraph (34)(g), of the Instruction, an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165, as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. A new temporary § 165.T07–153 is
added to read as follows:
§ 165.T07–153 Security Zone; Sea buoy at
the entrance of St. Mary’s River to Kings
Bay, GA.
(a) Regulated area. The Coast Guard is
establishing a temporary moving
security zone around foreign naval
submarines when they are within a
regulated area 12 nautical miles offshore
from the baseline, also known as the
shoreline, at the mouth of the St. Mary’s
River to the Kings Bay Naval Submarine
Base, Kings Bay, GA. The temporary
security zone encompasses all waters
within 500 yards in any direction
around a foreign navy submarine
transiting within the regulated area.
(b) Definitions. The following
definitions apply to this section:
Designated representatives means
Coast Guard Patrol Commanders
including Coast Guard coxswains, petty
officers and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the Captain of the Port (COTP),
Jacksonville, Florida, in the enforcement
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
70493
of the regulated navigation areas and
security zones.
Minimum safe speed means the speed
at which a vessel proceeds when it is
fully off plane, completely settled in the
water and not creating excessive wake.
Due to the different speeds at which
vessels of different sizes and
configurations may travel while in
compliance with this definition, no
specific speed is assigned to minimum
safe speed. In no instance should
minimum safe speed be interpreted as a
speed less than that required for a
particular vessel to maintain
steerageway. A vessel is not proceeding
at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto
or coming off a plane; or
(3) Creating an excessive wake.
(c) Regulations. In accordance with
the general regulations in § 165.33 of
this part, anchoring, mooring or
transiting in the security zone described
in paragraph (a) of this section is
prohibited unless authorized by the
Coast Guard Captain of the Port
Jacksonville, FL or his designated
representative. Persons or vessels that
receive permission to enter the security
zone must proceed at a minimum safe
speed, must comply with all orders
issued by the COTP or his designated
representative, and must not proceed
any closer than 100 yards, in any
direction, to the submarine.
(d) Dates. This section is effective
from 8 a.m. on November 10, 2005, until
12 midnight on December 1, 2005.
Dated: November 10, 2005.
David L. Lersch,
Captain, U.S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 05–23097 Filed 11–21–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD11–05–002]
RIN 1625–AA11
Regulated Navigation Area; San Diego
Bay, Mission Bay and Their
Approaches, CA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a regulated navigation area
(RNA) within San Diego Bay, Mission
Bay, and their approaches out to the 12
E:\FR\FM\22NOR1.SGM
22NOR1
70494
Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations
nautical mile limit of the territorial sea.
This action is necessary to provide the
COTP a greater situational awareness of
vessels intending to enter San Diego Bay
or Mission Bay, to allow the COTP to
enforce safety and security zones
associated with naval vessel movements
and exercises, and increase awareness of
potential threats to national security
assets within the area. This RNA will
ensure the safe movement of vessels in
the vicinity of San Diego Bay and
Mission Bay.
DATES: This rule is effective December
22, 2005.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD11 05–002 and are available
for inspection or copying at USCG
Sector San Diego between 9:30 a.m. and
2 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
LCDR Andrew Cheney, Chief, Ports and
Waterways Division, USCG Sector San
Diego, telephone number 619–278–
7261.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 15, 2005, we published a
Notice of Proposed Rulemaking (NPRM)
entitled, Regulated Navigation Area; San
Diego Bay, Mission Bay and Their
Approaches, California in the Federal
Register (70 FR 40944). We received no
letters commenting on the proposed
rule. No public meeting was requested,
and none was held.
Background and Purpose
This rule is one of a number of
measures to reduce potential terrorist
threats to the Port of San Diego,
California. San Diego is the homeport of
numerous U.S. naval vessels and
facilities. The RNA increases the safety
and security of naval vessels and
facilities, commercial vessels, and the
public by improving enforcement of
safety and security zones by providing
greater situational awareness regarding
vessel operations in the area.
In this rulemaking, the Coast Guard
introduces a series of procedures to
organize the flow and operation of
vessels legitimately seeking to enter,
leave or navigate within San Diego Bay
or Mission Bay. These procedures apply
to vessels of 100 GT or more, including
tug and barge combinations of 100 GT
or more (combined) intending to enter,
leave or navigate within San Diego Bay
or Mission Bay. These regulations do
not apply to vessels engaged in innocent
passage, force majeure or any other
VerDate Aug<31>2005
15:28 Nov 21, 2005
Jkt 208001
entry allowed under principles of
international law regardless of their
presence in the RNA. Vessels operating
Automatic Identification System (AIS)
in accordance with the AIS carriage
requirements of the Maritime
Transportation Security Act of 2002
(MTSA) and the International Maritime
Organization requirements adopted
under International Convention for the
Safety of Life at Sea, 1974, (SOLAS) as
amended, are also exempt from this
regulation. The procedures are as
follows:
Vessels intending to cross the
COLREGS Demarcation Line (denoted in
33 CFR 80.1104 or 80.1106) and enter
San Diego Bay or Mission Bay as part of
normal operations must obtain
permission from the COTP or
designated representative upon entering
into the RNA established in 33 CFR
165.1122. Further, vessels of 100 GT or
more that have already crossed the
COLREGS Demarcation Line and
entered San Diego or Mission Bay and
intend to depart or move within the
RNA must request permission from the
COTP or designated representative. The
Coast Guard recommends seeking
permission 30 minutes prior to
anticipated entry into the RNA or
commencement of movement within the
RNA to avoid delays.
Upon receiving permission from the
COTP or designated representative, the
vessel may enter, depart, or move
within the RNA and proceed in
accordance with directives provided by
the COTP or designated representative.
Communication with the COTP may
be made by telephone at (619) 278–7033
(select option 2) or via VHF–FM marine
band radio on channel 16 (156.800
Mhz). Coast Guard Information
regarding Port Security requirements in
San Diego and Mission Bay will be
conveyed via marine information
broadcast on VHF–FM marine band
radio, channel 22A (157.1 MHz).
Discussion of Comments and Changes
The Coast Guard received no
comments on the proposed rule and has
not changed the regulations from those
proposed in the published NPRM.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
the Department of Homeland Security
(DHS).
This conclusion is based on the fact
that this rule applies only to vessels of
100 GT or more, as described above,
which are not using AIS and that intend
on entering, departing, or moving
within San Diego Bay or Mission Bay.
This rule is not intended to infringe on
internationally recognized principles
such as innocent passage and force
majeure. Further, because this rule is
designed to manage the flow of qualified
vessels, we do not anticipate significant
delays in the movement of vessels
through San Diego or Mission Bay.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not
have a significant economic impact on
a substantial number of small entities.
This rule will affect only the
following entities, some of which may
be small entities: owners and operators
of commercial vessels of 100 GT or more
intending to enter, depart, or move in
San Diego Bay or Mission Bay. Because
the number of small entities owning/
operating commercial vessels of this
size is not substantial and there is little
anticipation of delay when requesting
entry into San Diego Bay or Mission Bay
the economic impact of this rule should
be minimal.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking process. If
your small business, organization, or
governmental jurisdiction is affected by
this rule and you have questions
concerning its provisions or options for
compliance, please contact LCDR
Andrew Cheney, Chief, Ports and
Waterways Division, USCG Sector San
Diego, 619–278–7261.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
E:\FR\FM\22NOR1.SGM
22NOR1
Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520.
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
VerDate Aug<31>2005
15:28 Nov 21, 2005
Jkt 208001
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
70495
Instruction, from further environmental
documentation because it establishes a
Regulated Navigation Area.
A final ‘‘Environmental Analysis
Check List’’ and final ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I
2. Add § 165.1122 to read as follows:
§ 165.1122 San Diego Bay, Mission Bay
and their Approaches—Regulated
navigation area.
(a) Regulated navigation area. The
following area is a regulated navigation
area (RNA): All waters of San Diego Bay,
Mission Bay, and their approaches
encompassed by a line commencing at
Point La Jolla (32°51′06″ N, 117°16′42″
W); thence proceeding seaward on a line
bearing 255° T to the outermost extent
of the territorial seas; thence proceeding
southerly along the outermost extent of
the territorial seas to the intersection of
the maritime boundary with Mexico;
thence proceeding easterly, along the
maritime boundary with Mexico to its
intersection with the California coast;
thence proceeding northerly, along the
shoreline of the California coast—and
including the inland waters of San
Diego Bay and Mission Bay, California,
shoreward of the COLREGS
Demarcation Line —back to the point of
origin. All coordinates reference 1983
North American Datum (NAD 83).
(b) Definitions. As used in this
section—
COLREGS Demarcation Line means
the line described at 33 CFR 80.1104 or
80.1106.
Public vessel means a vessel that is
owned or demise—(bareboat) chartered
by the government of the United States,
by a State or local government, or by the
government of a foreign country and
that is not engaged in commercial
service.
Vessel means every description of
watercraft or other artificial contrivance
E:\FR\FM\22NOR1.SGM
22NOR1
70496
Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations
used, or capable of being used, as a
means of transportation on water other
than a public vessel.
(c) Applicability. This section applies
to all vessels of 100 gross tons (GT) or
more, including tug and barge
combinations of 100 GT or more
(combined), operating within the RNA,
with the exception of public vessels,
vessels not intending to cross the
COLREGS Demarcation Line and enter
San Diego Bay or Mission Bay, and any
vessels exercising rights under
principles of international law,
including innocent passage or force
majeure, within the area of this RNA.
Vessels operating properly installed,
operational, type approved automatic
identification system (AIS) as denoted
in 33 CFR 164.46 are exempted from
making requests as required in this
regulation.
(d) Regulations. (1) No vessel to
which this rule applies may enter,
depart or move within San Diego Bay or
Mission Bay unless it complies with the
following requirements:
(i) Obtain permission to enter San
Diego Bay or Mission Bay from the
Captain of the Port or designated
representative immediately upon
entering the RNA. However, to avoid
potential delays, we recommend seeking
permission 30 minutes prior to entering
the RNA.
(ii) Follow all instructions issued by
the Captain of the Port or designated
representative.
(iii) Obtain permission for any
departure from or movement within the
RNA from the Captain of the Port or
designated representative prior to
getting underway.
(iv) Follow all instructions issued by
the Captain of the Port or designated
representative.
(v) Requests may be made by
telephone at 619–278–7033 (select
option 2) or via VHF–FM
radiotelephone on channel 16 (156.800
Mhz). The call sign for radiotelephone
requests to the Captain of the Port or
designated representative is ‘‘Coast
Guard Sector San Diego.’’
(2) For purposes of the requirements
in paragraph (d)(1) of this section, the
Captain of the Port or designated
representative means any official
designated by the Captain of the Port,
including but not limited to
commissioned, warrant, and petty
officers of the U.S. Coast Guard, and any
U.S. Coast Guard patrol vessel. Upon
being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or
other means, the operator of a vessel
shall proceed as directed.
(e) Waivers. The Captain of the Port or
designated representative may, upon
VerDate Aug<31>2005
15:28 Nov 21, 2005
Jkt 208001
request, waive any regulation in this
section.
Dated: November 9, 2005.
K.J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. 05–23030 Filed 11–21–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 251, 261, and 291
RIN 0596–AC35
Recreation Fees
Forest Service, USDA.
Final rule.
AGENCY:
ACTION:
SUMMARY: This final rule is making
minor, purely technical changes to
implement the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801–
6814). The Federal Lands Recreation
Enhancement Act repealed and
supplanted section 4 of the Land and
Water Conservation Fund Act (16 U.S.C.
460l–6a) as the authority for special
recreation permits issued by federal
land management agencies and for
recreation fees charged by federal land
management agencies, including the
Forest Service. Consequently, in 36 CFR
part 251, subpart B, the final rule is
replacing the citation to section 4(c) of
the Land and Water Conservation Fund
Act for special recreation permits (16
U.S.C. 460l–6a(c)) with a citation to
section 803(h) of the Federal Lands
Recreation Enhancement Act (16 U.S.C.
6802(h)). The final rule also is adding a
definition for recreation fee and revising
the prohibition for failure to pay
recreation fees in 36 CFR part 261,
subpart A, to conform with the Federal
Lands Recreation Enhancement Act. In
addition, the final rule is removing 36
CFR part 291 governing recreation fees
authorized under section 4 of the Land
and Water Conservation Fund Act.
Because these changes are minor, purely
technical, and nondiscretionary, the
Department finds that good cause exists
to exempt this rulemaking from public
notice and comment under 5 U.S.C.
553(b)(B).
This rule is effective November
22, 2005.
FOR FURTHER INFORMATION CONTACT:
Jennifer Eberlien, Program Leader,
Recreation and Heritage Resources Staff,
(202) 205–1169.
SUPPLEMENTARY INFORMATION: The
Federal Lands Recreation Enhancement
DATES:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Act (REA) (16 U.S.C. 6801–6814) was
enacted December 8, 2004. REA
provides the sole authority for the
Forest Service to issue and collect fees
for special recreation permits for use
and occupancy of National Forest
System lands and to establish, modify,
charge, and collect recreation fees on
National Forest System lands. Section
813 of REA (16 U.S.C. 6812) repeals the
agency’s other authorities for issuing
these permits and charging these fees,
including section 4 of the Land and
Water Conservation Fund Act (LWCFA)
(16 U.S.C. 460l–6a).
Forest Service regulations at 36 CFR
part 251, subpart B, govern special use
authorizations for use and occupancy of
National Forest System lands. In the list
of authorities for part 251, subpart B, the
final rule is replacing the citation to
section 4(c) of the LWCFA (16 U.S.C.
460l–6a(c)) with a citation to section
803(h) of REA (16 U.S.C. 6802(h)) for
special recreation permits. In addition,
in § 251.53(k), which enumerates the
authority for special recreation permits,
the final rule is replacing the citation to
section 4(c) of the LWCFA with a
citation to section 803(h) of REA.
The regulations at 36 CFR part 261,
subpart A, establish prohibitions
relating to acts or omissions relating to
National Forest System lands. The final
rule is adding a definition for recreation
fee in § 261.2 to track the definition for
that term in section 802(8) of REA (16
U.S.C. 6801(8)) to the extent it applies
to the Forest Service and revising the
prohibition for failure to pay recreation
fees in § 261.15 to conform precisely to
the enforcement provisions in section
812(d) of REA (16 U.S.C. 6811(d)).
The Department also is removing 36
CFR part 291 governing recreation fees
authorized by section 4 of the LWCFA.
The Department is not replacing part
291, because the Department believes
that REA is sufficiently prescriptive that
it does not require interpretation in a
regulation. The Forest Service intends to
issue directives that provide specific
direction on implementation of REA.
Good Cause Statement
The Administrative Procedure Act
(APA) exempts certain rulemaking from
its public notice and comment
requirements, including rulemaking
involving ‘‘public property’’ (5 U.S.C.
553(a)(2)), such as Federal lands
managed by the Forest Service.
Furthermore, the APA allows agencies
to promulgate rules without public
notice and comment when an agency for
good cause finds that public notice and
comment are ‘‘impracticable,
unnecessary, or contrary to the public
interest’’ (5 U.S.C. 553(b)(B)).
E:\FR\FM\22NOR1.SGM
22NOR1
]]>Agencies
[Federal Register Volume 70, Number 224 (Tuesday, November 22, 2005)]
[Rules and Regulations]
[Pages 70493-70496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23030]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD11-05-002]
RIN 1625-AA11
Regulated Navigation Area; San Diego Bay, Mission Bay and Their
Approaches, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) within San Diego Bay, Mission Bay, and their approaches out to
the 12
[[Page 70494]]
nautical mile limit of the territorial sea. This action is necessary to
provide the COTP a greater situational awareness of vessels intending
to enter San Diego Bay or Mission Bay, to allow the COTP to enforce
safety and security zones associated with naval vessel movements and
exercises, and increase awareness of potential threats to national
security assets within the area. This RNA will ensure the safe movement
of vessels in the vicinity of San Diego Bay and Mission Bay.
DATES: This rule is effective December 22, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD11 05-002 and are available for inspection or
copying at USCG Sector San Diego between 9:30 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR Andrew Cheney, Chief, Ports and
Waterways Division, USCG Sector San Diego, telephone number 619-278-
7261.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 15, 2005, we published a Notice of Proposed Rulemaking
(NPRM) entitled, Regulated Navigation Area; San Diego Bay, Mission Bay
and Their Approaches, California in the Federal Register (70 FR 40944).
We received no letters commenting on the proposed rule. No public
meeting was requested, and none was held.
Background and Purpose
This rule is one of a number of measures to reduce potential
terrorist threats to the Port of San Diego, California. San Diego is
the homeport of numerous U.S. naval vessels and facilities. The RNA
increases the safety and security of naval vessels and facilities,
commercial vessels, and the public by improving enforcement of safety
and security zones by providing greater situational awareness regarding
vessel operations in the area.
In this rulemaking, the Coast Guard introduces a series of
procedures to organize the flow and operation of vessels legitimately
seeking to enter, leave or navigate within San Diego Bay or Mission
Bay. These procedures apply to vessels of 100 GT or more, including tug
and barge combinations of 100 GT or more (combined) intending to enter,
leave or navigate within San Diego Bay or Mission Bay. These
regulations do not apply to vessels engaged in innocent passage, force
majeure or any other entry allowed under principles of international
law regardless of their presence in the RNA. Vessels operating
Automatic Identification System (AIS) in accordance with the AIS
carriage requirements of the Maritime Transportation Security Act of
2002 (MTSA) and the International Maritime Organization requirements
adopted under International Convention for the Safety of Life at Sea,
1974, (SOLAS) as amended, are also exempt from this regulation. The
procedures are as follows:
Vessels intending to cross the COLREGS Demarcation Line (denoted in
33 CFR 80.1104 or 80.1106) and enter San Diego Bay or Mission Bay as
part of normal operations must obtain permission from the COTP or
designated representative upon entering into the RNA established in 33
CFR 165.1122. Further, vessels of 100 GT or more that have already
crossed the COLREGS Demarcation Line and entered San Diego or Mission
Bay and intend to depart or move within the RNA must request permission
from the COTP or designated representative. The Coast Guard recommends
seeking permission 30 minutes prior to anticipated entry into the RNA
or commencement of movement within the RNA to avoid delays.
Upon receiving permission from the COTP or designated
representative, the vessel may enter, depart, or move within the RNA
and proceed in accordance with directives provided by the COTP or
designated representative.
Communication with the COTP may be made by telephone at (619) 278-
7033 (select option 2) or via VHF-FM marine band radio on channel 16
(156.800 Mhz). Coast Guard Information regarding Port Security
requirements in San Diego and Mission Bay will be conveyed via marine
information broadcast on VHF-FM marine band radio, channel 22A (157.1
MHz).
Discussion of Comments and Changes
The Coast Guard received no comments on the proposed rule and has
not changed the regulations from those proposed in the published NPRM.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This conclusion is based on the fact that this rule applies only to
vessels of 100 GT or more, as described above, which are not using AIS
and that intend on entering, departing, or moving within San Diego Bay
or Mission Bay. This rule is not intended to infringe on
internationally recognized principles such as innocent passage and
force majeure. Further, because this rule is designed to manage the
flow of qualified vessels, we do not anticipate significant delays in
the movement of vessels through San Diego or Mission Bay.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
This rule will affect only the following entities, some of which
may be small entities: owners and operators of commercial vessels of
100 GT or more intending to enter, depart, or move in San Diego Bay or
Mission Bay. Because the number of small entities owning/operating
commercial vessels of this size is not substantial and there is little
anticipation of delay when requesting entry into San Diego Bay or
Mission Bay the economic impact of this rule should be minimal.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. If your
small business, organization, or governmental jurisdiction is affected
by this rule and you have questions concerning its provisions or
options for compliance, please contact LCDR Andrew Cheney, Chief, Ports
and Waterways Division, USCG Sector San Diego, 619-278-7261.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture
[[Page 70495]]
Regulatory Enforcement Ombudsman and the Regional Small Business
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small business. If
you wish to comment on actions by employees of the Coast Guard, call 1-
888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation because it establishes a Regulated
Navigation Area.
A final ``Environmental Analysis Check List'' and final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.1122 to read as follows:
Sec. 165.1122 San Diego Bay, Mission Bay and their Approaches--
Regulated navigation area.
(a) Regulated navigation area. The following area is a regulated
navigation area (RNA): All waters of San Diego Bay, Mission Bay, and
their approaches encompassed by a line commencing at Point La Jolla
(32[deg]51'06'' N, 117[deg]16'42'' W); thence proceeding seaward on a
line bearing 255[deg] T to the outermost extent of the territorial
seas; thence proceeding southerly along the outermost extent of the
territorial seas to the intersection of the maritime boundary with
Mexico; thence proceeding easterly, along the maritime boundary with
Mexico to its intersection with the California coast; thence proceeding
northerly, along the shoreline of the California coast--and including
the inland waters of San Diego Bay and Mission Bay, California,
shoreward of the COLREGS Demarcation Line --back to the point of
origin. All coordinates reference 1983 North American Datum (NAD 83).
(b) Definitions. As used in this section--
COLREGS Demarcation Line means the line described at 33 CFR 80.1104
or 80.1106.
Public vessel means a vessel that is owned or demise--(bareboat)
chartered by the government of the United States, by a State or local
government, or by the government of a foreign country and that is not
engaged in commercial service.
Vessel means every description of watercraft or other artificial
contrivance
[[Page 70496]]
used, or capable of being used, as a means of transportation on water
other than a public vessel.
(c) Applicability. This section applies to all vessels of 100 gross
tons (GT) or more, including tug and barge combinations of 100 GT or
more (combined), operating within the RNA, with the exception of public
vessels, vessels not intending to cross the COLREGS Demarcation Line
and enter San Diego Bay or Mission Bay, and any vessels exercising
rights under principles of international law, including innocent
passage or force majeure, within the area of this RNA. Vessels
operating properly installed, operational, type approved automatic
identification system (AIS) as denoted in 33 CFR 164.46 are exempted
from making requests as required in this regulation.
(d) Regulations. (1) No vessel to which this rule applies may
enter, depart or move within San Diego Bay or Mission Bay unless it
complies with the following requirements:
(i) Obtain permission to enter San Diego Bay or Mission Bay from
the Captain of the Port or designated representative immediately upon
entering the RNA. However, to avoid potential delays, we recommend
seeking permission 30 minutes prior to entering the RNA.
(ii) Follow all instructions issued by the Captain of the Port or
designated representative.
(iii) Obtain permission for any departure from or movement within
the RNA from the Captain of the Port or designated representative prior
to getting underway.
(iv) Follow all instructions issued by the Captain of the Port or
designated representative.
(v) Requests may be made by telephone at 619-278-7033 (select
option 2) or via VHF-FM radiotelephone on channel 16 (156.800 Mhz). The
call sign for radiotelephone requests to the Captain of the Port or
designated representative is ``Coast Guard Sector San Diego.''
(2) For purposes of the requirements in paragraph (d)(1) of this
section, the Captain of the Port or designated representative means any
official designated by the Captain of the Port, including but not
limited to commissioned, warrant, and petty officers of the U.S. Coast
Guard, and any U.S. Coast Guard patrol vessel. Upon being hailed by a
U.S. Coast Guard vessel by siren, radio, flashing light, or other
means, the operator of a vessel shall proceed as directed.
(e) Waivers. The Captain of the Port or designated representative
may, upon request, waive any regulation in this section.
Dated: November 9, 2005.
K.J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 05-23030 Filed 11-21-05; 8:45 am]
BILLING CODE 4910-15-P
