Security Zones; San Francisco Bay, San Pablo Bay, Carquinez Strait, Suisun Bay, CA, 15037-15040 [06-2911]
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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations
§ 110.100 Los Angeles and Long Beach
Harbors, CA
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(c) Area B–1. Long Beach outer harbor
along east side of Pier 400 beginning at
latitude 33°44′22.8″ N., longitude
118°13′51.0″ W.; thence south to
latitude 33°43′54.5″ N., longitude
118°13′50.0″ W.; thence southwesterly
to latitude 33°43′46.0″ N., longitude
118°14′13.6″ W.; thence northwesterly
to latitude 33°44′15.3″ N., longitude
118°14′26.6″ W.; thence northeasterly to
latitude 33°44′25.1″ N., longitude
118°14′15.6″ W.; thence easterly to the
beginning point.
(d) Area C–1. Long Beach outer harbor
between Island Freeman and Island
Chaffee beginning at latitude
33°44′20.0″ N., longitude 118°08′26.2″
W.; thence west to latitude 33°44′23.5″
N., longitude 118°09′32.6″ W.; thence
north to latitude 33°44′52.8″ N.,
longitude 118°09′33.2″ W.; thence
southeast to latitude 33°44′25.5″ N.,
longitude 118°08′26.2″ W.; thence south
to the beginning point.
(e) Area E–1. Long Beach outer harbor
northwest of Island Freeman beginning
at latitude 33°44′55.0″ N., longitude
118°09′40.0″ W.; thence southwesterly
to latitude 33°44′37.0″ N., longitude
118°09′48.5″ W.; thence northwesterly
to latitude 33°44′52.0″ N., longitude
118°10′32.0″ W.; thence north to
latitude 33°45′11.0″ N., longitude
118°10′32.0″ W.
(f) Restrictions. Special anchorage
areas B–1, C–1, and E–1 are reserved for
barges on mooring balls, unless
otherwise authorized by the Captain of
the Port Los Angeles-Long Beach.
I 3. In § 110.214, revise paragraphs
(b)(2) and (5) to read as follows:
§ 110.214 Los Angeles and Long Beach
Harbors, CA
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(b) * * *
(2) Commercial Anchorage B (Long
Beach Harbor). An area enclosed by a
line joining the following coordinates:
Latitude
Beginning point ...................................................
Thence south/southeast to .................................
Thence southeast to ...........................................
Thence southwest to ..........................................
Thence west to ...................................................
Thence west/southwest to ..................................
Thence north/northwest to .................................
Thence east/northeast to ...................................
Thence north to ..................................................
Thence east/northeast to the beginning point.
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33
33
33
33
33
33
33
33
33
deg.–44′–37.0″
deg.–44′–12.0″
deg.–43′–38.2″
deg.–43′–26.1″
deg.–43′–26.1″
deg.–42′–58.9″
deg.–43′–46.0″
deg.–43′–54.5″
deg.–44′–22.8″
N
N
N
N
N
N
N
N
N
Longitude
........................................
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........................................
........................................
........................................
........................................
........................................
........................................
........................................
118
118
118
118
118
118
118
118
118
deg.–13′–00.0″
deg.–12′–36.2″
deg.–11′–36.9″
deg.–11′–47.2″
deg.–12′–22.7″
deg.–13′–53.0″
deg.–14′–13.6″
deg.–13′–50.0″
deg.–13′–51.0″
Beginning point ...................................................
Thence southwest to ..........................................
Thence west to ...................................................
Thence northwest to ...........................................
Thence west/northwest to ..................................
Thence north/northwest to .................................
Thence northeast to ...........................................
Thence southeast to ...........................................
Thence south to .................................................
Thence southeast to the beginning point.
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Dated: March 16, 2006.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. 06–2876 Filed 3–24–06; 8:45 am]
BILLING CODE 4910–15–P
33
33
33
33
33
33
33
33
33
deg.–44′–37.0″
deg.–44′–18.5″
deg.–44′–18.5″
deg.–44′–27.6″
deg.–44′–29.0″
deg.–45′–06.4″
deg.–45′–15.2″
deg.–45′–11.0″
deg.–44′–52.0″
N
N
N
N
N
N
N
N
N
Longitude
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
........................................
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco 06–009]
RIN 1625–AA87
Security Zones; San Francisco Bay,
San Pablo Bay, Carquinez Strait,
Suisun Bay, CA
Coast Guard, DHS.
Temporary final rule.
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AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing temporary fixed security
zones in the waters extending
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W.
W.
W.
W.
W.
W.
W.
W.
W.
(5) Commercial Anchorage E (Long
Beach Harbor). An area enclosed by a
line joining the following coordinates:
Latitude
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15037
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118
118
118
118
118
118
118
118
118
deg.–09′–48.5″
deg.–09′–56.8″
deg.–10′–27.2″
deg.–10′–41.0″
deg.–10′–57.4″
deg.–11′–09.5″
deg.–10′–46.1″
deg.–10′–32.0″
deg.–10′–32.0″
W.
W.
W.
W.
W.
W.
W.
W.
W.
approximately 100 yards around six
separate oil refinery piers in the San
Francisco Bay area. These security
zones are an integral part of the Coast
Guard’s efforts to protect these facilities
and the surrounding areas from
destruction or damage due to accidents,
subversive acts, or other causes of a
similar nature. Entry into the zones is
prohibited, unless specifically
authorized by the Captain of the Port
(COTP) San Francisco Bay, or his
designated representative. These zones
will be subject to discretionary and
random patrol and monitoring by Coast
Guard, Federal, state and local law
enforcement assets.
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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations
This rule is effective from 11:59
p.m. PST on March 31, 2006 to 12 a.m.
PST on April 10, 2006.
DATES:
Documents indicated in this
preamble, as being available in the
docket, are part of docket COTP San
Francisco Bay 06–009 and are available
for inspection or copying at the
Waterways Safety Branch between 9
a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Lieutenant Ian Callander, Waterways
Safety Branch, U.S. Coast Guard Sector
San Francisco, (415) 556–2950
extension 142, or the Sector San
Francisco Command Center, at (415)
399–3547.
SUPPLEMENTARY INFORMATION:
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Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3)(B),
the Coast Guard finds that good cause
exists for not publishing an NPRM
because the threat to U.S. assets and the
public currently exists and is ongoing.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register because the threat of maritime
attacks is real and any delay in the
effective date of this temporary final
rule (TFR) is impractical and contrary to
the public interest.
On September 22, 2005 we published
a notice of proposed rulemaking
(NPRM) entitled, Security Zones; San
Francisco Bay, San Pablo Bay,
Carquinez Strait, Suisun Bay, CA, in the
Federal Register (70 FR 55607). We
received no letters commenting on the
proposed rule. No public hearing was
requested, and none was held. On
September 22, 2005 we also published
a temporary final rule (TFR) in the
Federal Register (70 FR 55607)
establishing temporary fixed security
zones in the waters extending
approximately 100 yards around six
separate oil refinery piers in the San
Francisco Bay area, effective from 11:59
p.m. PST on September 9, 2005, to 11:59
p.m. PST on March 31, 2006. On
February 17, 2006 the final rule (FR)
was signed and was published on March
9, 2006 (71 FR 12136). The final rule
becomes effective on April 10, 2006. For
continuity this rule is necessary to
maintain the security zones during the
period that the TFR expires at 11:59
p.m. PST on March 31, 2006 until the
FR becomes effective on April 10, 2006.
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Background and Purpose
In its effort to manage the threat posed
by terrorist activity, the Coast Guard has
increased safety and security measures
on U.S. ports and waterways. The
measures contemplated by this rule are
intended to assist the Coast Guard in
protecting vessels and facilities within
or adjacent to the six marine oil
terminals in San Francisco Bay. As part
of the Diplomatic Security and
Antiterrorism Act of 1986 (Pub. L. 99–
399), Congress amended section 7 of the
Ports and Waterways Safety Act
(PWSA), 33 U.S.C. 1226, to allow the
Coast Guard to take actions, including
the establishment of security and safety
zones, to prevent or respond to acts of
terrorism against individuals, vessels, or
public or commercial structures. The
Coast Guard also has authority to
establish security zones pursuant to the
Act of June 15, 1917, as amended by the
Magnuson Act of August 9, 1950 (50
U.S.C. 191 et seq.) and implementing
regulations promulgated by the
President in subparts 6.01 and 6.04 of
part 6 of title 33 of the Code of Federal
Regulations.
To address the aforementioned
security concerns, and to take steps to
prevent the catastrophic impact that a
terrorist attack against marine oil
terminals within San Francisco Bay
would have on the public interest, the
Coast Guard is establishing temporary
fixed security zones in the waters
extending approximately 100 yards
around six separate oil refinery piers in
the San Francisco Bay, California. These
security zones help the Coast Guard to
prevent vessels or persons from
engaging in terrorist actions against
these facilities. Due to heightened
security concerns, and due to the
catastrophic impact a terrorist attack on
a marine oil terminal would have on the
surrounding waterways, area, and
community, security zones are prudent
for these facilities.
Discussion of Rule
In this temporary final rule, the Coast
Guard is establishing temporary fixed
security zones in the waters extending
from the surface to the sea floor and
approximately 100 yards around six
separate oil refinery piers in the San
Francisco Bay Area.
For the Chevron-Texaco oil facility,
the proposed security zone would
extend approximately 100 yards into the
waters of San Francisco Bay around the
Chevron Long Wharf, located in
Richmond, California.
For the Conoco-Phillips oil facility,
the proposed security zone would
extend approximately 100 yards into the
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waters of San Pablo Bay around the
Conoco-Philips Wharf, located in
Rodeo, California.
For the Shell Martinez oil facility, the
proposed security zone would extend
approximately 100 yards into the waters
of Carquinez Strait around the Shell
Terminal, located in Martinez,
California.
For the Tesoro-Amorco oil facility, the
proposed security zone would extend
approximately 100 yards into the waters
of Carquinez Strait around the Amorco
Pier, located in Martinez, California.
For the Valero oil facility, the
proposed security zone would extend
approximately 100 yards into the waters
of Carquinez Strait around the Valero
Pier, located in Benicia, California.
For the Tesoro-Avon oil facility, the
proposed security zone would extend
approximately 100 yards into the waters
of Suisun Bay around the Avon Pier,
located in Martinez, California.
These zones will be subject to
discretionary and random patrol and
monitoring by Coast Guard, Federal,
state and local law enforcement assets.
Vessels and people may be allowed to
enter these security zones on a case-bycase basis with authorization from the
COTP or his designated representative.
Vessels or persons violating this
section may be subject to both civil and
criminal penalties as set forth in 33
U.S.C. 1232 and 50 U.S.C. 192. The
Captain of the Port may enlist the aid
and cooperation of any Federal, State,
county, municipal, or private agency to
assist in the enforcement of the
regulation.
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).
We expect the impact of this rule to
be so minimal that a full regulatory
evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this rule restricts access to the
waters encompassed by the security
zones, the effect of this rule is not
significant because: (i) The zones
encompass only small portions of the
waterways; (ii) vessels are able to pass
safely around the zones; and (iii) vessels
may be allowed to enter these zones on
a case-by-case basis with permission of
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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations
the Captain of the Port or his designated
representative.
The size of the zones is the minimum
necessary to provide adequate
protection for all of the six marine oil
facilities. The entities most likely to be
affected are fishing vessels and pleasure
craft engaged in recreational activities
and sightseeing.
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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 will not have
a significant economic impact on a
substantial number of small entities.
We expect this rule may affect owners
and operators of vessels, some of which
may be small entities, intending to fish,
sightsee, transit, or anchor in the waters
affected by these security zones. These
security zones will not have a
significant economic impact on a
substantial number of small entities for
several reasons: Small vessel traffic will
be able to pass safely around the
security zones and vessels engaged in
recreational activities, sightseeing and
commercial fishing have ample space
outside of the zones to engage in these
activities. Small entities and the
maritime public will be advised of these
security zones via public notice to
mariners.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process.
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
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).
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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).
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
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
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
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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 we are
establishing a security zone.
An ‘‘Environmental Analysis Check
List’’ and a ‘‘Categorical Exclusion
Determination’’ (CED) will be available
in the docket where indicated under
ADDRESSES.
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Federal Register / Vol. 71, No. 58 / Monday, March 27, 2006 / Rules and Regulations
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
(3) Shell Martinez, Carquinez Strait.
This security zone includes all waters
extending from the surface to the sea
floor within approximately 100 yards of
the Shell Martinez Terminal and
encompasses all waters in San Pablo
Bay within a line connecting the
following geographical positions—
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.
2. Add temporary § 165.T11–070, to
read as follows:
I
§ 165.T11–070 Security Zones; San
Francisco Bay, San Pablo Bay, Carquinez
Strait, Suisun Bay, California.
(a) Locations. The following areas are
security zones:
(1) Chevron Richmond Long Wharf,
San Francisco Bay. This security zone
includes all waters extending from the
surface to the sea floor within
approximately 100 yards of the Chevron
Richmond Long Wharf and
encompasses all waters in San Francisco
Bay within a line connecting the
following geographical positions—
Latitude
37°55′52.2″
37°55′41.8″
37°55′26.8″
37°55′47.1″
37°55′42.9″
37°55′11.2″
37°55′14.4″
37°55′19.7″
37°55′22.2″
37°55′38.5″
37°55′47.8″
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
Longitude
122°24′04.7″
122°24′07.1″
122°24′35.9″
122°24′55.5″
122°25′03.5″
122°24′32.8″
122°24′27.5″
122°24′23.7″
122°24′26.2″
122°23′56.9″
122°23′53.3″
W.
W.
W.
W.
W.
W.
W.
W.
W.
W.
W.
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and along the shoreline back to the
beginning point.
(2) Conoco-Phillips, San Pablo Bay.
This security zone includes all waters
extending from the surface to the sea
floor within approximately 100 yards of
the Conoco-Phillips Rodeo Terminal
and encompasses all waters in San
Pablo Bay within a line connecting the
following geographical positions—
Latitude
38°03′06.0″
38°03′20.7″
38°03′21.8″
38°03′29.1″
38°03′23.8″
38°03′16.8″
38°03′18.6″
38°03′04.0″
N.
N.
N.
N.
N.
N.
N.
N.
Longitude
122°15′32.4″
122°15′35.8″
122°15′29.8″
122°15′31.8″
122°15′55.8″
122°15′53.2″
122°15′45.2″
122°15′42.0″
W.
W.
W.
W.
W.
W.
W.
W.
and along the shoreline back to the
beginning point.
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Latitude
38°01′39.8″
38°01′54.0″
38°01′56.9″
38°02′02.7″
38°01′49.5″
38°01′43.7″
38°01′50.1″
38°01′36.3″
Longitude
122°07′40.3″
122°07′43.0″
122°07′37.9″
122°07′42.6″
122°08′08.7″
122°08′04.2″
122°07′50.5″
122°07′47.6″
N.
N.
N.
N.
N.
N.
N.
N.
W.
W.
W.
W.
W.
W.
W.
W.
and along the shoreline back to the
beginning point.
(4) Tesoro-Amorco, Carquinez Strait.
This security zone includes all waters
extending from the surface to the sea
floor within approximately 100 yards of
the Tesoro-Amorco oil terminal wharf
and encompasses all waters in the
Carquinez Strait within a line
connecting the following geographical
positions—
Latitude
38°02′03.1″
38°02′05.6″
38°02′07.9″
38°02′13.0″
38°02′05.7″
38°02′00.5″
38°02′01.8″
38°01′55.0″
Longitude
122°07′11.9″
122°07′18.9″
122°07′14.9″
122°07′19.4″
122°07′35.9″
122°07′31.1″
122°07′27.3″
122°07′11.0″
N.
N.
N.
N.
N.
N.
N.
N.
W.
W.
W.
W.
W.
W.
W.
W.
and along the shoreline back to the
beginning point.
(5) Valero, Carquinez Strait. This
security zone includes all waters
extending from the surface to the sea
floor within approximately 100 yards of
the Valero Benicia Pier and
encompasses all waters in the Carquinez
Strait within a line connecting the
following geographical positions—
Latitude
38°02′37.6″
38°02′34.7″
38°02′44.1″
38°02′48.0″
38°02′47.7″
Longitude
122°07′51.5″
122°07′48.9″
122°07′34.9″
122°07′37.9″
122°07′42.1″
N.
N.
N.
N.
N.
W.
W.
W.
W.
W.
and along the shoreline back to the
beginning point.
(6) Tesoro-Avon, Suisun Bay. This
security zone includes all waters
extending from the surface to the sea
floor within approximately 100 yards of
the Tesoro-Avon Wharf and
encompasses all waters in Suisun Bay
within a line connecting the following
geographical positions—
Latitude
38°02′24.6″ N.
38°02′54.0″ N.
38°02′55.8″ N.
PO 00000
Frm 00036
Longitude
122°04′52.9″ W.
122°05′19.5″ W.
122°05′16.1″ W.
Fmt 4700
Sfmt 4700
38°03′02.1″
38°02′55.1″
38°02′48.8″
38°02′52.4″
38°02′46.5″
N.
N.
N.
N.
N.
122°05′19.4″
122°05′42.6″
122°05′39.2″
122°05′27.7″
122°05′22.4″
W.
W.
W.
W.
W.
and along the shoreline back to the
beginning point.
(b) Regulations.
(1) In accordance with the general
regulations in § 165 of this part, entry
into these security zones is prohibited,
unless specifically authorized by the
Captain of the Port San Francisco Bay,
or his designated representative.
(2) Persons desiring to transit the area
of a security zone may contact the
Captain of the Port at telephone number
415–399–3547 or on VHF–FM channel
16 (156.8 MHz) to seek permission to
transit the area. If permission is granted,
all persons and vessels must comply
with the instructions of the Captain of
the Port or his designated
representative.
(c) Enforcement. All persons and
vessels shall comply with the
instructions of the Coast Guard Captain
of the Port or the designated on-scene
patrol personnel. Patrol personnel
comprise commissioned, warrant, and
petty officers of the Coast Guard
onboard Coast Guard, Coast Guard
Auxiliary, local, state, and federal law
enforcement vessels. Upon being hailed
by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other
means, the operator of a vessel shall
proceed as directed. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of these security zones by
local law enforcement as necessary.
(d) Effective period. This section
becomes effective at 11:59 p.m. PST on
March 31, 2006, and will terminate at 12
a.m. PST on April 10, 2006.
Dated: March 20, 2006.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 06–2911 Filed 3–24–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2005–NV–0001; FRL–8045–
9]
Revisions to the Nevada State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is finalizing approval of
revisions to the Nevada State
E:\FR\FM\27MRR1.SGM
27MRR1
]]>Agencies
[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Rules and Regulations]
[Pages 15037-15040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2911]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco 06-009]
RIN 1625-AA87
Security Zones; San Francisco Bay, San Pablo Bay, Carquinez
Strait, Suisun Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing temporary fixed security zones
in the waters extending approximately 100 yards around six separate oil
refinery piers in the San Francisco Bay area. These security zones are
an integral part of the Coast Guard's efforts to protect these
facilities and the surrounding areas from destruction or damage due to
accidents, subversive acts, or other causes of a similar nature. Entry
into the zones is prohibited, unless specifically authorized by the
Captain of the Port (COTP) San Francisco Bay, or his designated
representative. These zones will be subject to discretionary and random
patrol and monitoring by Coast Guard, Federal, state and local law
enforcement assets.
[[Page 15038]]
DATES: This rule is effective from 11:59 p.m. PST on March 31, 2006 to
12 a.m. PST on April 10, 2006.
ADDRESSES: Documents indicated in this preamble, as being available in
the docket, are part of docket COTP San Francisco Bay 06-009 and are
available for inspection or copying at the Waterways Safety Branch
between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Ian Callander, Waterways
Safety Branch, U.S. Coast Guard Sector San Francisco, (415) 556-2950
extension 142, or the Sector San Francisco Command Center, at (415)
399-3547.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing an NPRM because the threat to U.S.
assets and the public currently exists and is ongoing.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because the threat of maritime
attacks is real and any delay in the effective date of this temporary
final rule (TFR) is impractical and contrary to the public interest.
On September 22, 2005 we published a notice of proposed rulemaking
(NPRM) entitled, Security Zones; San Francisco Bay, San Pablo Bay,
Carquinez Strait, Suisun Bay, CA, in the Federal Register (70 FR
55607). We received no letters commenting on the proposed rule. No
public hearing was requested, and none was held. On September 22, 2005
we also published a temporary final rule (TFR) in the Federal Register
(70 FR 55607) establishing temporary fixed security zones in the waters
extending approximately 100 yards around six separate oil refinery
piers in the San Francisco Bay area, effective from 11:59 p.m. PST on
September 9, 2005, to 11:59 p.m. PST on March 31, 2006. On February 17,
2006 the final rule (FR) was signed and was published on March 9, 2006
(71 FR 12136). The final rule becomes effective on April 10, 2006. For
continuity this rule is necessary to maintain the security zones during
the period that the TFR expires at 11:59 p.m. PST on March 31, 2006
until the FR becomes effective on April 10, 2006.
Background and Purpose
In its effort to manage the threat posed by terrorist activity, the
Coast Guard has increased safety and security measures on U.S. ports
and waterways. The measures contemplated by this rule are intended to
assist the Coast Guard in protecting vessels and facilities within or
adjacent to the six marine oil terminals in San Francisco Bay. As part
of the Diplomatic Security and Antiterrorism Act of 1986 (Pub. L. 99-
399), Congress amended section 7 of the Ports and Waterways Safety Act
(PWSA), 33 U.S.C. 1226, to allow the Coast Guard to take actions,
including the establishment of security and safety zones, to prevent or
respond to acts of terrorism against individuals, vessels, or public or
commercial structures. The Coast Guard also has authority to establish
security zones pursuant to the Act of June 15, 1917, as amended by the
Magnuson Act of August 9, 1950 (50 U.S.C. 191 et seq.) and implementing
regulations promulgated by the President in subparts 6.01 and 6.04 of
part 6 of title 33 of the Code of Federal Regulations.
To address the aforementioned security concerns, and to take steps
to prevent the catastrophic impact that a terrorist attack against
marine oil terminals within San Francisco Bay would have on the public
interest, the Coast Guard is establishing temporary fixed security
zones in the waters extending approximately 100 yards around six
separate oil refinery piers in the San Francisco Bay, California. These
security zones help the Coast Guard to prevent vessels or persons from
engaging in terrorist actions against these facilities. Due to
heightened security concerns, and due to the catastrophic impact a
terrorist attack on a marine oil terminal would have on the surrounding
waterways, area, and community, security zones are prudent for these
facilities.
Discussion of Rule
In this temporary final rule, the Coast Guard is establishing
temporary fixed security zones in the waters extending from the surface
to the sea floor and approximately 100 yards around six separate oil
refinery piers in the San Francisco Bay Area.
For the Chevron-Texaco oil facility, the proposed security zone
would extend approximately 100 yards into the waters of San Francisco
Bay around the Chevron Long Wharf, located in Richmond, California.
For the Conoco-Phillips oil facility, the proposed security zone
would extend approximately 100 yards into the waters of San Pablo Bay
around the Conoco-Philips Wharf, located in Rodeo, California.
For the Shell Martinez oil facility, the proposed security zone
would extend approximately 100 yards into the waters of Carquinez
Strait around the Shell Terminal, located in Martinez, California.
For the Tesoro-Amorco oil facility, the proposed security zone
would extend approximately 100 yards into the waters of Carquinez
Strait around the Amorco Pier, located in Martinez, California.
For the Valero oil facility, the proposed security zone would
extend approximately 100 yards into the waters of Carquinez Strait
around the Valero Pier, located in Benicia, California.
For the Tesoro-Avon oil facility, the proposed security zone would
extend approximately 100 yards into the waters of Suisun Bay around the
Avon Pier, located in Martinez, California.
These zones will be subject to discretionary and random patrol and
monitoring by Coast Guard, Federal, state and local law enforcement
assets. Vessels and people may be allowed to enter these security zones
on a case-by-case basis with authorization from the COTP or his
designated representative.
Vessels or persons violating this section may be subject to both
civil and criminal penalties as set forth in 33 U.S.C. 1232 and 50
U.S.C. 192. The Captain of the Port may enlist the aid and cooperation
of any Federal, State, county, municipal, or private agency to assist
in the enforcement of the regulation.
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).
We expect the impact of this rule to be so minimal that a full
regulatory evaluation under the regulatory policies and procedures of
DHS is unnecessary. Although this rule restricts access to the waters
encompassed by the security zones, the effect of this rule is not
significant because: (i) The zones encompass only small portions of the
waterways; (ii) vessels are able to pass safely around the zones; and
(iii) vessels may be allowed to enter these zones on a case-by-case
basis with permission of
[[Page 15039]]
the Captain of the Port or his designated representative.
The size of the zones is the minimum necessary to provide adequate
protection for all of the six marine oil facilities. The entities most
likely to be affected are fishing vessels and pleasure craft engaged in
recreational activities and sightseeing.
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 will
not have a significant economic impact on a substantial number of small
entities.
We expect this rule may affect owners and operators of vessels,
some of which may be small entities, intending to fish, sightsee,
transit, or anchor in the waters affected by these security zones.
These security zones will not have a significant economic impact on a
substantial number of small entities for several reasons: Small vessel
traffic will be able to pass safely around the security zones and
vessels engaged in recreational activities, sightseeing and commercial
fishing have ample space outside of the zones to engage in these
activities. Small entities and the maritime public will be advised of
these security zones via public notice to mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
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 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 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 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 we are establishing a security
zone.
An ``Environmental Analysis Check List'' and a ``Categorical
Exclusion Determination'' (CED) will be available in the docket where
indicated under ADDRESSES.
[[Page 15040]]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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 temporary Sec. 165.T11-070, to read as follows:
Sec. 165.T11-070 Security Zones; San Francisco Bay, San Pablo Bay,
Carquinez Strait, Suisun Bay, California.
(a) Locations. The following areas are security zones:
(1) Chevron Richmond Long Wharf, San Francisco Bay. This security
zone includes all waters extending from the surface to the sea floor
within approximately 100 yards of the Chevron Richmond Long Wharf and
encompasses all waters in San Francisco Bay within a line connecting
the following geographical positions--
Latitude Longitude
37[deg]55'52.2'' N. 122[deg]24'04.7'' W.
37[deg]55'41.8'' N. 122[deg]24'07.1'' W.
37[deg]55'26.8'' N. 122[deg]24'35.9'' W.
37[deg]55'47.1'' N. 122[deg]24'55.5'' W.
37[deg]55'42.9'' N. 122[deg]25'03.5'' W.
37[deg]55'11.2'' N. 122[deg]24'32.8'' W.
37[deg]55'14.4'' N. 122[deg]24'27.5'' W.
37[deg]55'19.7'' N. 122[deg]24'23.7'' W.
37[deg]55'22.2'' N. 122[deg]24'26.2'' W.
37[deg]55'38.5'' N. 122[deg]23'56.9'' W.
37[deg]55'47.8'' N. 122[deg]23'53.3'' W.
and along the shoreline back to the beginning point.
(2) Conoco-Phillips, San Pablo Bay. This security zone includes all
waters extending from the surface to the sea floor within approximately
100 yards of the Conoco-Phillips Rodeo Terminal and encompasses all
waters in San Pablo Bay within a line connecting the following
geographical positions--
Latitude Longitude
38[deg]03'06.0'' N. 122[deg]15'32.4'' W.
38[deg]03'20.7'' N. 122[deg]15'35.8'' W.
38[deg]03'21.8'' N. 122[deg]15'29.8'' W.
38[deg]03'29.1'' N. 122[deg]15'31.8'' W.
38[deg]03'23.8'' N. 122[deg]15'55.8'' W.
38[deg]03'16.8'' N. 122[deg]15'53.2'' W.
38[deg]03'18.6'' N. 122[deg]15'45.2'' W.
38[deg]03'04.0'' N. 122[deg]15'42.0'' W.
and along the shoreline back to the beginning point.
(3) Shell Martinez, Carquinez Strait. This security zone includes
all waters extending from the surface to the sea floor within
approximately 100 yards of the Shell Martinez Terminal and encompasses
all waters in San Pablo Bay within a line connecting the following
geographical positions--
Latitude Longitude
38[deg]01'39.8'' N. 122[deg]07'40.3'' W.
38[deg]01'54.0'' N. 122[deg]07'43.0'' W.
38[deg]01'56.9'' N. 122[deg]07'37.9'' W.
38[deg]02'02.7'' N. 122[deg]07'42.6'' W.
38[deg]01'49.5'' N. 122[deg]08'08.7'' W.
38[deg]01'43.7'' N. 122[deg]08'04.2'' W.
38[deg]01'50.1'' N. 122[deg]07'50.5'' W.
38[deg]01'36.3'' N. 122[deg]07'47.6'' W.
and along the shoreline back to the beginning point.
(4) Tesoro-Amorco, Carquinez Strait. This security zone includes
all waters extending from the surface to the sea floor within
approximately 100 yards of the Tesoro-Amorco oil terminal wharf and
encompasses all waters in the Carquinez Strait within a line connecting
the following geographical positions--
Latitude Longitude
38[deg]02'03.1'' N. 122[deg]07'11.9'' W.
38[deg]02'05.6'' N. 122[deg]07'18.9'' W.
38[deg]02'07.9'' N. 122[deg]07'14.9'' W.
38[deg]02'13.0'' N. 122[deg]07'19.4'' W.
38[deg]02'05.7'' N. 122[deg]07'35.9'' W.
38[deg]02'00.5'' N. 122[deg]07'31.1'' W.
38[deg]02'01.8'' N. 122[deg]07'27.3'' W.
38[deg]01'55.0'' N. 122[deg]07'11.0'' W.
and along the shoreline back to the beginning point.
(5) Valero, Carquinez Strait. This security zone includes all
waters extending from the surface to the sea floor within approximately
100 yards of the Valero Benicia Pier and encompasses all waters in the
Carquinez Strait within a line connecting the following geographical
positions--
Latitude Longitude
38[deg]02'37.6'' N. 122[deg]07'51.5'' W.
38[deg]02'34.7'' N. 122[deg]07'48.9'' W.
38[deg]02'44.1'' N. 122[deg]07'34.9'' W.
38[deg]02'48.0'' N. 122[deg]07'37.9'' W.
38[deg]02'47.7'' N. 122[deg]07'42.1'' W.
and along the shoreline back to the beginning point.
(6) Tesoro-Avon, Suisun Bay. This security zone includes all waters
extending from the surface to the sea floor within approximately 100
yards of the Tesoro-Avon Wharf and encompasses all waters in Suisun Bay
within a line connecting the following geographical positions--
Latitude Longitude
38[deg]02'24.6'' N. 122[deg]04'52.9'' W.
38[deg]02'54.0'' N. 122[deg]05'19.5'' W.
38[deg]02'55.8'' N. 122[deg]05'16.1'' W.
38[deg]03'02.1'' N. 122[deg]05'19.4'' W.
38[deg]02'55.1'' N. 122[deg]05'42.6'' W.
38[deg]02'48.8'' N. 122[deg]05'39.2'' W.
38[deg]02'52.4'' N. 122[deg]05'27.7'' W.
38[deg]02'46.5'' N. 122[deg]05'22.4'' W.
and along the shoreline back to the beginning point.
(b) Regulations.
(1) In accordance with the general regulations in Sec. 165 of this
part, entry into these security zones is prohibited, unless
specifically authorized by the Captain of the Port San Francisco Bay,
or his designated representative.
(2) Persons desiring to transit the area of a security zone may
contact the Captain of the Port at telephone number 415-399-3547 or on
VHF-FM channel 16 (156.8 MHz) to seek permission to transit the area.
If permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his designated
representative.
(c) Enforcement. All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene patrol personnel. Patrol personnel comprise commissioned,
warrant, and petty officers of the Coast Guard onboard Coast Guard,
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed. The U.S. Coast Guard may be assisted in the
patrol and enforcement of these security zones by local law enforcement
as necessary.
(d) Effective period. This section becomes effective at 11:59 p.m.
PST on March 31, 2006, and will terminate at 12 a.m. PST on April 10,
2006.
Dated: March 20, 2006.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 06-2911 Filed 3-24-06; 8:45 am]
BILLING CODE 4910-15-P
