cartome.org

9 July 2001

Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

    [Federal Register: July 9, 2001 (Volume 66, Number 131)]
    [Rules and Regulations]
    [Page 35758-35760]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr09jy01-5]

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    DEPARTMENT OF TRANSPORTATION

    Coast Guard

    33 CFR Part 165

    [CGD13-01-015]
    RIN 2115-AA97

    Security Zones; Naval Submarine Base Bangor and Naval Submarines,
    Puget Sound and Strait of Juan De Fuca, WA

    AGENCY: Coast Guard, DOT.

    ACTION: Interim final rule; request for comments.

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    SUMMARY: The Coast Guard is establishing a fixed security zone around
    Naval Submarine Base Bangor, and moving security zones around Naval
    submarines while underway on Puget Sound, and the Strait of Juan De
    Fuca, Washington, and adjoining waters. These zones would safeguard
    U.S. Naval Submarine Base Bangor, and U.S. Naval submarines from
    sabotage, other subversive acts, or accidents, and otherwise protect
    Naval assets vital to national security.

    DATES: This rule becomes effective at 6 p.m. PDT, June 20, 2001.
    Comments and related material must reach the Coast Guard on or before
    September 7, 2001.

    ADDRESSES: Coast Guard Marine Safety Office Puget Sound maintains the
    public docket for this rulemaking. You may mail comments and related
    material to the address below. Comments and material received from the
    public, as well as documents indicated in this preamble as being
    available in the docket, will become part of this docket and will be
    available for inspection or copying at U.S. Coast Guard Marine Safety
    Office Puget Sound, 1519 Alaskan Way South, Building 1, Seattle,
    Washington 98134. Normal office hours are between 8 a.m. and 4 p.m.,
    Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT: LT P. M. Stocklin, Jr., c/o Captain of
    the Port Puget Sound, 1519 Alaskan Way South, Seattle, WA 98134, (206)
    217-6232.

    SUPPLEMENTARY INFORMATION:

    Regulatory Information

        We did not publish a notice of proposed rulemaking (NPRM) for this
    regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
    Guard finds that good cause exists for not publishing an NPRM and for
    making this rule effective less than 30 days after publication in the
    Federal Register. Publishing a NPRM would be contrary to public
    interest since immediate action is necessary to safeguard U.S. Naval
    bases and submarines from sabotage, other subversive acts, or
    accidents, and otherwise protect Naval assets vital to national
    security. The attack on USS COLE precipitated U.S. Navy security
    reviews, which have determined that immediate threats exist to Naval
    bases and submarines in Puget Sound. If normal notice and comment
    procedures were followed, this rule would not become effective soon
    enough to provide immediate protection to Naval assets from the threats
    posed by hostile entities. The security zones in this regulation have
    been carefully designed to minimally impact the public while providing
    a reasonable level of protection for Naval assets. For these reasons,
    following normal rulemaking procedures in this case would be
    impracticable, unnecessary, and contrary to the public interest.

    Request for Comments

        We encourage you to participate in this rulemaking by submitting
    comments and related material. If you do so, please include your name
    and address, identify the docket number for this rulemaking (CGD 13-01-
    015), indicate the specific section of this document to which each
    comment applies, and give the reason for each comment. Please submit
    all comments and related material in an unbound format, no larger than
    8\1/2\ by 11 inches, suitable for copying. If you would like to know
    they reached us, please enclose a stamped, self-addressed postcard or
    envelope. We will consider all comments and material received during
    the comment period. We may change this interim final rule in view of
    them.

    Public Meeting

        We do not plan to hold a public meeting. However, you may submit a
    request for a meeting by writing to the person identified in the FOR
    FURTHER INFORMATION CONTACT section, or to the address under ADDRESSES
    explaining why 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.

    Background and Purpose

        The Coast Guard is establishing a fixed security zone around Naval
    Submarine Base Bangor, and moving security zones around Naval
    submarines while underway on Puget Sound, and the Strait of Juan De
    Fuca, WA, and adjoining waters. The Coast Guard has determined it is
    necessary to prevent access in order to safeguard this U.S. Naval base
    and submarines from sabotage, other subversive acts, or accidents, and
    otherwise protect Naval assets vital to national security. Recent
    events such as the bombing of the USS COLE highlight the fact that
    there are hostile entities operating with the intent to harm U.S.
    National Security by attacking or sabotaging Naval assets including
    those in Puget Sound. It would be contrary to the public interest to
    disclose the exact nature of the current threats to U.S. Naval assets,
    as this information is highly classified, and if divulged would greatly
    damage U.S. intelligence sources and security postures. However, the
    threat to the security of U.S. Naval assets is real,

    [[Page 35759]]

    credible, and immediate. The Coast Guard, through this action, intends
    to assist the U.S. Navy in protecting vital national security assets by
    establishing security zones to exclude persons and vessels from the
    immediate vicinity of U.S. Naval bases and submarines. Entry into these
    zones will be prohibited unless authorized by the Captain of the Port
    or his designee. These security zones will be patrolled and enforced by
    Coast Guard and Navy personnel. The Captain of the Port may be assisted
    by other federal, state, or local agencies.

    Regulatory Evaluation

        This interim final rule is not a significant regulatory action
    under section 3(f) of Executive Order 12866 and does not require an
    assessment of potential costs and benefits under section 6(a)(3) of
    that Order. 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 Transportation (DOT)(44 FR 11040,
    February 26, 1979). We expect the economic impact of this interim final
    rule to be so minimal that a full Regulatory Evaluation under paragraph
    10(e) of the regulatory policies and procedures of DOT is unnecessary.
    This expectation is based on the fact that the regulated areas
    established by this rule would encompass limited areas around a Naval
    base and submarines in the Puget Sound area. The fixed zone around the
    base have been carefully crafted to have either minimal or no impact on
    commercial users. Recreational users may have to modify their travel to
    stay further away from Naval Submarine Base Bangor than they presently
    do, but in most cases this will be only a few hundred yards. The moving
    security zones around Naval submarines underway will often impinge on
    commercial traffic lanes, but will be of a short duration and small
    area. The Coast Guard will mitigate this impact on commercial traffic
    using Coast Guard Vessel Traffic Service traffic management procedures,
    and the Naval submarines themselves will use reasonable measures to
    decrease the inconvenience of commercial users. Recreational vessels
    may find themselves unable to maneuver as close to Naval submarines as
    they would desire, however the distances established by these zones
    will still permit adequate freedom of movement on the waterways. Those
    few vessels or persons who may be impacted by this rule may request
    permission to enter the zones. The Captain of the Port, in conjunction
    with the cognizant Naval Commander, may consider these requests on a
    case-by-case basis. For the above reasons, the Coast Guard does not
    anticipate any significant economic impact.

    Small Entities

        Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we
    considered whether this interim final rule would have a significant
    economic impact on a substantial number of small entities. ``Small
    entities'' include 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. This interim final rule will affect the following entities,
    some of which may be small entities: The owners or operators of vessels
    intending to transit in or near the security zones promulgated in this
    rulemaking. These zones will not have a significant economic impact due
    to their small size, location away from heavily traveled commercial
    routes, and in the case of moving zones, their short duration and small
    area. Because the impacts of this interim final rule are expected to be
    minimal, the Coast Guard certifies under 605(b) of the Regulatory
    Flexibility Act (5 U.S.C. 601 et seq.) that this interim rule will not
    have a significant economic impact on a substantial number of small
    entities.
        If you believe that your business, organization, or governmental
    jurisdiction qualifies as a small entity and that this interim final
    rule would have a significant economic impact on it, please submit a
    comment (see ADDRESSES) explaining why you believe it qualifies and how
    and to what degree this interim final rule would economically affect
    it.

    Assistance for Small Entities

        Under section 213(a) of the Small Business Regulatory Enforcement
    Fairness Act of 1996 (Public Law 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. If this interim
    final rule will affect your small business, organization, or
    governmental jurisdiction and you have questions concerning its
    provisions or options for compliance, please contact the person listed
    in the FOR FURTHER INFORMATION CONTACT section.

    Collection of Information

        This rule would call for no new collection of information under the
    Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

    Federalism

        We have analyzed this interim final rule under Executive Order
    13132 and have determined that this rule does not have implications for
    federalism under that Order.

    Unfunded Mandates Reform Act

        The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
    governs the issuance of Federal regulations that require unfunded
    mandates. An unfunded mandate is a regulation that requires a State,
    local, or tribal government or the private sector to incur direct costs
    without the Federal Government's having first provided the funds to pay
    those costs. This interim final rule would not impose an unfunded
    mandate.

    Taking of Private Property

        This interim final rule would 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 interim final 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 interim final rule under Executive Order
    13045, Protection of Children from Environmental Health Risks and
    Safety Risks. This interim final rule is not an economically
    significant rule and does not concern an environmental risk to health
    or risk to safety that may disproportionately affect children.

    Indian Tribal Governments

        This interim final 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.

    Environment

        We considered the environmental impact of this interim finalrule
    and concluded that, under figure 2-1, paragraph(34)(g) of Commandant
    Instruction M16475.1C, this interim final rule is categorically
    excluded from

    [[Page 35760]]

    further environmental documentation. A Categorical Exclusion is
    provided for security zones. A Categorical Exclusion Determination and
    an Environmental Analysis Checklist are available in the docket at the
    location specified under the ADDRESSES portion of this rulemaking.

    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. It has not been designated by the Administrator of the
    Office of Information and Regulatory Affairs as a significant energy
    action. Therefore, it does not require a Statement of Energy Effects
    under Executive Order 13211.

    List of Subjects in 33 CFR Part 165

        Harbors, Marine safety, Navigation (water), Reporting and record
    keeping requirements, Security measures, Waterways.

    Interim Final Rule

        For the reasons set out in the preamble, the Coast Guard amends
    part 165 of Title 33, Code of Federal Regulations, as follows:

    PART 165--[AMENDED]

        1. The authority citation for part 165 continues to read as
    follows:

        Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
    6.04-1, 6.04-6, 160.5; 49 CFR 1.46.

        2. Add Sec. 165.1311 to read as follows:

    Sec. 165.1311  Security Zones; Naval Submarine Base Bangor and Naval
    submarines, Puget Sound and Strait of Juan de Fuca, Washington.

        (a) Naval Submarine Base, Bangor, WA. The following area is a
    security zone: All waters of Puget Sound, Washington State, enclosed by
    the following: A line beginning at 47 deg. 46' 18" N, 122 deg. 42' 18"
    W; thence to 47 deg. 46' 32" N, 122 deg. 42' 20" W; thence to 47 deg.
    46' 38" N, 122 deg. 42' 52" W; thence to 47 deg. 44' 15" N, 122 deg.
    44' 50" W; thence to 47 deg. 43' 53" N, 122 deg. 44' 58" W; thence to
    47 deg. 43' 17" N, 122 deg. 44' 49" W, and thence along the shoreline
    to the point of origin. [Datum: NAD 1983]
        (b) Location of Moving Security Zones. The following are moving
    security zones: All United States navigable waters in Puget Sound and
    the Straits of Juan De Fuca, extending East from Traffic Lane
    Separation Lighted buoy J (LLNR 16135-755) to the point of moorage, and
    surrounding all United States Naval Submarines to a radius of 300 yards
    while in transit on the surface.
        (c) Exemptions. Vessels that desire access to these zones and are
    not otherwise exempted as listed in paragraphs (c)(1) through (c)(3) of
    this section, shall secure permission from Captain of the Port on-scene
    designated representative(s). Section 165.33 paragraphs, (a), (e), and
    (f) do not apply to the following vessels or individuals on board those
    vessels:
        (1) Public vessels of the United States, other than United States
    Naval vessels.
        (2) Vessels that are performing work pursuant to a contract with
    the United States Navy that requires their presence in the security
    zone(s).
        (3) Any other vessels or class of vessels mutually agreed upon in
    advance by the Captain of the Port and the cognizant Naval Commander.
    Vessels operating in the security zone(s) under this exemption must
    have previously obtained a copy of a certificate of exemption
    permitting their operation in the security zone from the Security
    Offices established by the respective Naval Base Commander. This
    written exemption shall state the date(s) on which it is effective and
    may contain further restrictions on vessel operations within the
    security zone as have been previously agreed upon by the Captain of the
    Port and the cognizant Naval Commander. The certificate of exemption
    shall be maintained on board the exempted vessel so long as such vessel
    is operating in the security zone.
        (d) Regulations. In accordance with the general regulations in
    Secs. 165.30 and 165.33 of this part, no person or vessel may enter the
    above security zones unless authorized by the Captain of the Port or
    his designated representatives. Vessels and persons granted
    authorization to enter the security zones shall obey all lawful orders
    or directions of the Captain of the Port or his designated
    representatives. The U.S. Navy and other federal, state, or local
    agencies may assist the Captain of the Port in the patrol and
    enforcement of these zones.

        Dated: June 20, 2001.
    M. R. Moore,
    Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
    [FR Doc. 01-16996 Filed 7-6-01; 8:45 am]
    BILLING CODE 4910-15-P