
[Federal Register: August 7, 2009 (Volume 74, Number 151)]
[Proposed Rules]               
[Page 39584-39589]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au09-12]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0277]
RIN 1625-AA00

 
Safety Zone; San Clemente Island, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes establishing a safety zone around San 
Clemente Island in support of potentially hazardous military training 
and testing exercises. The existing zones do not sufficiently overlap 
potential danger zones and testing areas used by the Navy during live-
fire and ocean research operations resulting in a delay or cancellation 
of these operations. The proposed safety zone would protect the public 
from hazardous, live-fire and testing operations and ensure operations 
proceed as scheduled.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 5, 2009. Requests for public meetings must 
be received by the Coast Guard on or before August 28, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0277 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Petty Officer Kristen Beer, Waterways Management, 
U.S. Coast Guard Sector San Diego, Coast Guard; telephone 619-278-7262, 
e-mail Kristen.A.Beer@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0277), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail, or hand 
deliver, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can

[[Page 39585]]

contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2009-0277'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8[frac12] by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2009-0277 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Regulatory Information

    The Coast Guard is proposing to establish this safety zone to 
conduct training essential to successful accomplishment of U.S. Navy 
missions relating to military operations and national security. 
Accordingly, this proposed safety zone falls within the military 
function exception to the Administrative Procedure Act (APA), 5 U.S.C. 
553(a)(1). Notice and comment rulemaking under 5 U.S.C. 553(b) and an 
effective date of 30 days after publication under 5 U.S.C. 553(d) are 
not required for this rulemaking.
    However, we have determined that it would be beneficial to accept 
public comments on this proposed rule. Therefore, we will be accepting 
comments until November 5, 2009. By issuing this notice of proposed 
rulemaking and accepting public comments, the Coast Guard does not 
waive its ability to claim the military function exception to notice 
and comment rulemaking.

Background and Purpose

    As part of the Southern California Range Complex, San Clemente 
Island (SCI) and the surrounding littoral waters support the training 
requirements for the U.S. Pacific Fleet, Fleet Marine Forces Pacific, 
Naval Special Warfare Command, Naval Expeditionary Combat Command and 
other military training and research units. In 1934, Executive Order 
6897 transferred ownership of SCI from the Department of Commerce to 
the Department of the Navy for ``naval purposes''. The San Clemente 
Island Range Complex (SCIRC) has the capability to support training in 
all warfare areas including Undersea Warfare, Surface Warfare, Mine 
Warfare, Strike Warfare, Air Warfare, Amphibious Warfare, Command and 
Control, and Naval Special Warfare. It is the only location in the 
United States that supports Naval Special Warfare full-mission training 
profiles. The Shore Bombardment Area (SHOBA) is the only range in the 
United States where expeditionary fire support exercises utilizing ship 
to shore naval gunfire can be conducted. SCI's unique coastal 
topography, proximity to the major Fleet and Marine concentration areas 
in San Diego County, supporting infrastructure, and exclusive Navy 
ownership make the island and surrounding waters vitally important for 
fleet training, weapon and electronic systems testing, and research and 
development activities.
    The proposed safety zone is necessary to protect the public from 
hazardous, live-fire and testing operations and ensure operations 
proceed as scheduled.

Discussion of Proposed Rule

    The Coast Guard proposes to establish a permanent safety zone 
around San Clemente Island for use by the U.S. Navy. The segmented 
safety zone would extend from the high tide line seaward 3 NM. The zone 
would be broken down into the following sections:

(a) Section A

    Beginning at 33[deg]02.05[min] N, 118[deg]35.85[min] W; thence to 
33[deg]04.93[min] N, 118[deg]37.07[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line 
to 33[deg]02.82[min] N, 118[deg]30.65[min] W; thence to 
33[deg]17.28[min] N, 118[deg]33.88[min] W; thence along the shoreline 
returning to 33[deg]02.05[min] N, 118[deg]35.85[min] W.

(b) Section B

    Beginning at 32[deg]57.30[min] N, 118[deg]30.88[min] W; thence to 
32[deg]59.60[min] N, 118[deg]28.33[min] W; thence running parallel to 
the shore at a distance of approximately 3 NM from the high tide line 
to 32[deg]55.83[min] N, 118[deg]24.22[min] W; thence to 
32[deg]53.53[min] N, 118[deg]26.52[min] W; thence along the shoreline 
returning to 32[deg]57.30[min] N, 118[deg]30.88[min] W.

(c) Section C

    Beginning at 32[deg]53.53[min] N, 118[deg]26.52[min] W; thence to 
32[deg]55.83[min] N, 118[deg]24.22[min] W; thence running parallel to 
the shoreline at a distance of approximately 3 NM from the high tide 
line to 32[deg]47.27[min] N, 118[deg]18.23[min] W; thence to 
32[deg]49.10[min] N, 118[deg]21.05[min] W; thence along the shoreline 
returning to 32[deg]53.53[min] N, 118[deg]26.52[min] W.

(d) Section D

    Beginning at 32[deg]49.10[min] N, 118[deg]21.05[min] W; thence to 
32[deg]47.27[min] N, 118[deg]18.23[min] W; thence running parallel to 
the shoreline at a distance of approximately 3 NM from the high tide 
line to 32[deg]48.38[min] N, 118[deg]31.69[min] W; thence to 
32[deg]50.70[min] N, 118[deg]29.37[min] W; thence along the shoreline 
returning to 32[deg]49.10[min] N, 118[deg]21.05[min] W.

(e) Section E

    Beginning at 32[deg]50.70' N, 118[deg]29.37' W; thence to 
32[deg]48.05' N, 118[deg]31.68' W; thence running parallel to the 
shoreline at a distance of approximately 3 NM from the high tide line 
to 32[deg]53.62' N, 118[deg]35.93' W; thence to 32[deg]56.13' N, 
118[deg]32.95' W; thence along the shoreline returning to 32[deg]50.70' 
N, 118[deg]29.37' W.

(f) Section F

    Beginning at 32[deg]56.13' N, 118[deg]32.95' W; thence to 
32[deg]53.62' N, 118[deg]35.93' W; thence running parallel to the 
shoreline at a distance of approximately 3 NM

[[Page 39586]]

from the high tide line to 32[deg]59.95' N, 118[deg]39.77' W; thence to 
33[deg]01.08' N, 118[deg]36.33' W; thence along the shoreline returning 
to 32[deg]56.13' N, 118[deg]32.95' W.

(g) Section G

    Beginning at 33[deg]01.08' N, 118[deg]36.333' W; thence to 
32[deg]59.95' N, 118[deg]39.77' W; thence running parallel to the 
shoreline at a distance of approximately 3 NM from the high tide line 
to 33[deg]04.93' N, 118[deg]37.07' W; thence to 33[deg]02.05' N, 
118[deg]35.85' W; thence along the shoreline returning to 33[deg]01.08' 
N, 118[deg]36.33' W.

(h) Wilson Cove

    Beginning at 33[deg]01.28' N, 118[deg]33.88' W; thence to 
33[deg]02.82' N, 118[deg]30.65' W; thence running parallel to the 
shoreline at a distance of approximately 3 NM from the high tide line 
to 32[deg]59.60' N, 118[deg]28.33' W; thence to 32[deg]57.30' N, 
118[deg]30.88' W; thence along the shoreline returning to 33[deg]01.28' 
N, 118[deg]33.88' W.
    All of the sections above would be continually enforced as a safety 
zone, thereby restricting public use of these offshore waters. Mariners 
desiring to transit through Section G or the Wilson Cove section would 
be required to request authorization to do so from the Fleet Area 
Control and Surveillance Facility (FACSFAC) San Diego. In the final 
rule, the Navy will provide a call sign to be used by mariners to 
request transfer to the appropriate FACSFAC point of contact for 
authorizing safe transit through these safety zone sections.
    Mariners who wish to transit through any of the other six sections 
(A, B, C, D, E, and/or F) would also be required to request permission 
from FACSFAC San Diego, using the same procedure described above, 
except during periods when the Navy is not conducting potentially 
hazardous military training or testing activity. Mariners would be able 
to transit some or all of these sections without obtaining prior 
authorization from FACSFAC San Diego only when the Coast Guard notifies 
the public that enforcement of the zone in specified sections is 
temporarily suspended. Notice of suspended enforcement would be 
provided through broadcast notice to mariners and publication in the 
local notice to mariners; and the schedule of restricted access periods 
by date, location and duration would continue to be posted at http://
www.scisland.org.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed 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. We expect the economic 
impact of this rule to be so minimal that a full Regulatory Evaluation 
is unnecessary. This determination is based on the fact that the 
majority of the proposed safety zone will be open a significant portion 
of the time.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in a portion of the Pacific Ocean around 
San Clemente Island.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. Except 
for Section G and Wilson Cove, which will be continually enforced, the 
safety zone would be activated, and thus subject to enforcement, only 
during naval training and testing exercises. During periods when 
portions of the safety zone are enforced in sections A through F, 
vessel traffic could pass safely around the safety zone. When the 
safety zone is not enforced, vessel traffic would be allowed to use the 
offshore waters for commercial and recreational activities. Permission 
for safe vessel transit through the permanently restricted safety zones 
designated Section G and Wilson Cove may be requested of the Fleet Area 
Control and Surveillance Facility, San Diego.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed rule so that they can better 
evaluate its possible effects, if any, on them and participate in the 
rulemaking. If the rule would affect your small business, organization, 
or governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Petty Officer 
Kristen Beer (see ADDRESSES). The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with

[[Page 39587]]

Constitutionally Protected Property Rights.

Civil Justice Reform

    This proposed 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 0023.1 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
rule involves establishing a safety zone under figure 2-1, paragraph 
(34)(g), of the Instruction. We seek any comments or information that 
may lead to the discovery of a significant environmental impact from 
this proposed rule.

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 proposes 
to amend 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:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add a new Sec.  165.1141:


Sec.  165.1141  Safety Zone; San Clemente Island, CA.

    (a) Location. The following area is a safety zone: All waters of 
the Pacific Ocean surrounding San Clemente Island, from surface to 
bottom, extending from the high tide line on the island seaward 3 NM. 
The zone consists of the following sections (see Figure 1):

(1) Section A

    Beginning at 33[deg]02.05' N, 118[deg]35.85' W; thence to 
33[deg]04.93' N, 118[deg]37.07' W; thence running parallel to the shore 
at a distance of approximately 3 NM from the high tide line to 
33[deg]02.82' N, 118[deg]30.65' W; thence to 33[deg]17.28' N, 
118[deg]33.88' W; thence along the shoreline returning to 33[deg]02.05' 
N, 118[deg]35.85' W.

(2) Section B

    Beginning at 32[deg]57.30' N, 118[deg]30.88' W; thence to 
32[deg]59.60' N, 118[deg]28.33' W; thence running parallel to the shore 
at a distance of approximately 3 NM from the high tide line to 
32[deg]55.83' N, 118[deg]24.22' W; thence to 32[deg]53.53' N, 
118[deg]26.52' W; thence along the shoreline returning to 32[deg]57.30' 
N, 118[deg]30.88' W.

(3) Section C

    Beginning at 32[deg]53.53' N, 118[deg]26.52' W; thence to 
32[deg]55.83' N, 118[deg]24.22' W; thence running parallel to the 
shoreline at a distance of approximately 3 NM from the high tide line 
to 32[deg]47.27' N, 118[deg]18.23' W; thence to 32[deg]49.10' N, 
118[deg]21.05' W; thence along the shoreline returning to 32[deg]53.53' 
N, 118[deg]26.52' W.

(4) Section D

    Beginning at 32[deg]49.10' N, 118[deg]21.05' W; thence to 
32[deg]47.27' N, 118[deg]18.23' W; thence running parallel to the 
shoreline at a distance of approximately 3 NM from the high tide line 
to 32[deg]48.38' N, 118[deg]31.69' W; thence to 32[deg]50.70' N, 
118[deg]29.37' W; thence along the shoreline returning to 32[deg]49.10' 
N, 118[deg]21.05' W.

(5) Section E

    Beginning at 32[deg]50.70' N, 118[deg]29.37' W; thence to 
32[deg]48.05' N, 118[deg]31.68' W; thence running parallel to the 
shoreline at a distance of approximately 3 NM from the high tide line 
to 32[deg]53.62' N, 118[deg]35.93' W; thence to 32[deg]56.13' N, 
118[deg]32.95' W; thence along the shoreline returning to 32[deg]50.70' 
N, 118[deg]29.37' W.

(6) Section F

    Beginning at 32[deg]56.13' N, 118[deg]32.95' W; thence to 
32[deg]53.62' N, 118[deg]35.93' W; thence running parallel to the 
shoreline at a distance of approximately 3 NM from the high tide line 
to 32[deg]59.95' N, 118[deg]39.77' W; thence to 33[deg]01.08' N, 
118[deg]36.33' W; thence along the shoreline returning to 32[deg]56.13' 
N, 118[deg]32.95' W.

(7) Section G

    Beginning at 33[deg]01.08' N, 118[deg]36.333' W; thence to 
32[deg]59.95' N, 118[deg]39.77' W; thence running parallel to the 
shoreline at a distance of approximately 3 NM from the high tide line 
to 33[deg]04.93' N,

[[Page 39588]]

118[deg]37.07' W; thence to 33[deg]02.05' N, 118[deg]35.85' W; thence 
along the shoreline returning to 33[deg]01.08' N, 118[deg]36.33' W.

(8) Wilson Cove

    Beginning at 33[deg]01.28' N, 118[deg]33.88' W; thence to 
33[deg]02.82' N, 118[deg]30.65' W; thence running parallel to the 
shoreline at a distance of approximately 3 NM from the high tide line 
to 32[deg]59.60' N, 118[deg]28.33' W; thence to 32[deg]57.30' N, 
118[deg]30.88' W; thence along the shoreline returning to 33[deg]01.28' 
N, 118[deg]33.88' W.
[GRAPHIC] [TIFF OMITTED] TP07AU09.066

    (b) Definitions. The following definition applies to this section: 
Designated representative means any commissioned, warrant, or petty 
officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, or local, state, or federal law enforcement vessels who have 
been authorized to act on the behalf of the Captain of the Port.
    (c) Enforcement. (1) This regulation will be enforced at all times 
in Section G and the Wilson Cove section of the safety zone described 
in paragraph (a). Mariners must obtain permission in accordance with 
the procedure described in paragraph (d)(2) before entering either of 
those sections.
    (2) This regulation will be enforced in Sections A through F of the 
safety zone described in paragraph (a) except when the Coast Guard 
notifies the public that enforcement of the zone in specified sections 
is temporarily suspended. Mariners need not obtain permission in 
accordance with the procedure described in paragraph (d)(2) to enter a 
zone section in which enforcement is temporarily suspended. At all 
other times, mariners must obtain permission in accordance with the 
procedure described in paragraph (d)(2) before entering any of those 
sections.
    (3) The COTP will provide notice of suspended enforcement by means 
appropriate to effect the widest publicity, including broadcast notice 
to mariners, publication in the local notice to mariners, and posting 
the schedule of restricted access periods by date, location and 
duration at http://www.scisland.org.
    (d) Regulations. (1) The general regulations governing safety zones 
found in 33 CFR 165.23 apply to the safety zone described in paragraph 
(a) of this section.
    (2) Mariners requesting permission to transit through any section 
of the zone may request authorization to do so from the Fleet Area 
Control and Surveillance Facility (FACSFAC) San Diego by either calling 
(619) 545-4742 or establishing a VHF bridge-to-bridge radio connection 
on Channel 16. Immediately upon completing transit, the vessel operator 
must promptly notify FACSFAC of safe passage through the safety zone. 
Failure to expeditiously notify FACSFAC of passage through the safety 
zone will result in a determination by the Navy that the vessel is 
still in the safety zone, thereby restricting the use of the area for 
naval operations. If the Navy determines that facilitating safe transit 
through the zone negatively impacts range operations, the Navy will 
cease this practice and enforce the safety zone without exception.
    (3) All persons and vessels must comply with the instructions of 
the U.S. Navy, Coast Guard Captain of the Port or the designated 
representative.

[[Page 39589]]

    (4) Upon being hailed by U.S. Navy or U.S. Coast Guard patrol 
personnel by siren, radio, flashing light, or other means, the operator 
of a vessel must proceed as directed.
    (5) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone described in paragraph (a) of this 
section by the U.S. Navy and local law enforcement agencies.

    Dated: June 15, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. E9-18760 Filed 8-6-09; 8:45 am]

BILLING CODE 4910-15-P
