[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)]
[Rules and Regulations]
[Pages 33120-33122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15757]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD13-95-028]


Security and Safety Zone Regulation: Sinclair Inlet, Puget Sound, 
Bremerton, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a combined security and 
safety zone on the waters of Sinclair Inlet adjacent to the Puget 
Sound Naval Shipyard (PSNY), Bremerton, Washington. This action is 
necessary to safeguard U.S. Navy vessels and repair facilities from 
sabotage and other subversive acts, accidents, or other incidents 
of a similar nature. This action is also necessary to protect 
vessels and individuals from the dangers associated with the 
industrial waterfront facilities at the shipyard. Entry into this 
zone is prohibited unless otherwise authorized by these regulations 
or the Captain of the Port.

EFFECTIVE DATE: This regulation becomes effective on June 12, 1995, and 
remains in effect until September 9, 1995, unless sooner terminated by 
the Captain of the Port.

FOR FURTHER INFORMATION CONTACT:LCDR J. A. Bigley, c/o Commander, 
Thirteenth Coast Guard District (mps), 915 Second Avenue, Seattle, 
Washington 98134, (206) 220-7210.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking (NPRM) was not published for this regulation and 
good cause exists for making it effective less than 30 days after the 
date of publication in the Federal Register. Publishing an NPRM and 
delaying the effective date of this regulation would be contrary to the 
public interest because immediate action is necessary to safeguard the 
security of the Puget Sound Naval Shipyard and to ensure public safety 
on the navigable waters of the United States. A recent Federal court 
decision indicates that the Naval Restricted Area (NRA) regulation for 
the Puget Sound Naval Shipyard, as presently codified at 33 CFR 
334.1240, is not sufficient to meet the needs of national security and 
public safety. Immediate regulatory action is therefore needed as an 
interim measure until such time as the NRA regulation can be amended by 
the U.S. Army Corps of Engineers (COE). Amendment of the NRA regulation 
by COE may take as long as 90 days. For these reasons, following normal 
rulemaking procedures in this case would have been 
impracticable. [[Page 33121]] 

Drafting Information

    The drafters of this notice are LCDR J. A. Bigley, Project Officer, 
and LCDR John Odell, Project Attorney, Thirteenth Coast Guard District 
Legal Office.

Discussion of Regulation

    In the past, the U.S. Navy has relied on Naval Restricted Area 
(NRA) regulations established by the U.S. Army Corps of Engineers (COE) 
to meet the needs of national security and public safety on the waters 
of Sinclair Inlet adjacent to the Puget Sound Naval Shipyard (PSNY). 
These NRA regulations are codified at 33 CFR 334.1240. A recent Federal 
court decision indicates that these regulations do not apply to 
swimmers, divers, and other individuals not embarked on vessels.
    In light of this court decision, the Commanding Officer, Puget 
Sound Naval Shipyard, reviewed the physical security and safety 
conditions around the shipyard's active piers and drydocks. Based in 
this review, the Commanding Officer concluded that swimmers, divers, 
and other individuals not embarked in vessels may pose a serious threat 
to the security of the shipyard if these individuals are allowed to 
enter the waters of Sinclair Inlet adjacent to the shipyard. Moreover, 
persons swimming or diving in these waters may be exposed to numerous 
dangers associated with the industrial waterfront facilities at the 
shipyard. These dangers include maneuvering U.S. Navy vessels, 
underwater pump suctions and discharges, rotating propellers, and 
rigging and crane operations over the water. Based on this review of 
the security and safety conditions at the shipyard, the U.S. Navy 
requested the Coast Guard to establish a limited access area in the 
waters surrounding the shipyard.
    In response to the U.S. Navy's request, the Coast Guard is 
establishing a combined security and safety zone on the waters of 
Sinclair Inlet adjacent to the Puget Sound Naval Shipyard. This 
combined security and safety zone approximates and overlaps the 
existing NRA.
    The Coast Guard has determined that a security zone is warranted 
and appropriate because a security zone is intended for the protection 
of assets which are vital to the national interest. Vessels moored or 
drydocked at the shipyard can easily be approached from the water and 
are vulnerable to acts of sabotage. Regulating access to the water 
areas around the shipyard provides a means of countering this threat 
without unnecessarily interfering with the public's use of the 
waterway. The security zone will keep unauthorized persons and vessel 
away from vessels and facilities at the shipyard and will allow early 
detection of unauthorized entry.
    The Coast Guard has determined that a safety zone is also warranted 
because a safety zone is intended to ensure the safety of the public on 
the navigable waters of the United States. Persons and vessels 
operating in and on the waters of Sinclair Inlet adjacent to the 
shipyard are exposed to the numerous hazards associated with a 
waterfront industrial facility. Excluding unauthorized persons and 
vessels from this area of Sinclair Inlet will reduce the risk of 
accidents and injuries involving members of the public without 
unnecessarily interfering with the public's use of the waterway.
    These regulations exempt certain categories of persons and vessels 
from some or all of the restrictions imposed by the security and safety 
zone. Other exemptions may be granted where the Captain of the Port, 
Puget Sound, and Commanding Officer, Puget Sound Naval Shipyard, have 
agreed that access to the shipyard does not pose a threat to security 
or safety at the shipyard and it is in the national interest. Persons 
and vessels requesting an exemption to enter the security and safety 
zone must request and receive authority from the Captain of the Port, 
Puget Sound, via the Security Officer, Puget Sound Naval Shipyard, 
Bremerton, Washington.
    This combined security and safety zone will be enforced by the 
Captain of the Port, Puget Sound, and by his designated 
representatives. Designated representatives of the Captain of the Port 
may include Coast Guard commissioned officers and petty officers. The 
U.S. Navy may assist the Coast Guard in the patrol, monitoring, and 
enforcement of the security and safety zone.
Regulatory Evaluation

    This action is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 CFR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This expectation is based on the fact that the NRA 
regulations already prohibit commercial navigation from entering the 
waters adjacent to the shipyard.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this action will have a significant 
impact on a substantial number of small entities. ``Small entities'' 
may include (1) small businesses and not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
fields and (2) governmental jurisdictions with populations of less than 
50,000.
    For the reasons stated under the Regulatory Evaluation above, the 
Coast Guard expects the impact of this action to be minimal on all 
entities. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this action will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This temporary final rule contains no collection-of-information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism

    The Coast Guard has analyzed this action under the principals and 
criteria contained in Executive Order 12612 and has determined that 
this action does not have sufficient federal implications to warrant 
the preparation of a Federal Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under paragraph 2.B.2 of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
were indicated under FOR FURTHER INFORMATION CONTACT.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Vessels, Waterways.

Regulation

    In consideration of the foregoing, Part 165 of Title 33, Code of 
Federal Regulations, is amended as follows: 1. The authority citation 
for Part 165 continues to read as follows:

    [[Page 33122]] Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 
1.05-1(g), 6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.
    2. A new Section 165T.13-026 is added to read as follows:


Sec. 165.T13-026  Security and Safety Zone; Sinclair Inlet, WA

    (a) Location. The following area is a combined security and safety 
zone:
    All waters of Sinclair Inlet, Puget Sound, Bremerton, Washington, 
bounded by a line commencing at latitude 47 deg.33'04'' N, longitude 
122 deg.39'41'' W; thence to latitude 47 deg.33'04'' N, longitude 
122 deg.39'07'' W; thence to latitude 47 deg.33'07'' N, longitude 
122 deg.38'59'' W; thence to latitude 47 deg.33'07'' N, longitude 
122 deg.38'29'' W; thence to latitude 47 deg.33'23'' N, longitude 
122 deg.37'45'' W; thence to latitude 47 deg.33'39'' N, longitude 
122 deg.37'27'' W; thence to latitude 47 deg.33'42'' N, longitude 
122 deg.37'28'' W; and thence along the shoreline to the point of 
origin.
    This combined security and safety zone roughly conforms to the 
configuration of the shoreline of the Puget Sound Naval Shipyard, 
measuring approximately 3500 yards along the shoreline and extending 
approximately 150 yards into Sinclair Inlet.

[Datum: NAD 83]

    (b) Regulations. (1) In accordance with the general regulations in 
Sections 165.23 and 165.33 of this part, no person or vessel may enter 
or remain in this zone unless specifically listed in subparagraph 
(b)(2) of this section or authorized by the Captain of the Port, Puget 
Sound, or his designated representatives.
    (2) The general regulations in Sections 165.23 and 165.33 of this 
part do not apply to the following persons or vessels;
    (i) Public vessels of the United States.
    (ii) Vessels performing work at Puget Sound Naval Shipyard under 
contract with the United States Navy.
    (iii) Any other vessel or person mutually agreed upon in advance by 
the Captain of the Port, Puget Sound, and Commanding Officer, Puget 
Sound Naval Shipyard. Vessels or persons entering the security and 
safety zone under this exemption must have previously obtained a copy 
of a certificate of exemption permitting their entry in the zone from 
the Security Office, Puget Sound Naval Shipyard, Bremerton, Washington. 
This written exemption shall state the date(s) on which it is effective 
and may contain any further restrictions on movement and activities 
within the zone as have been previously agreed upon by the Captain of 
the Port, Puget Sound, and Commanding Officer, Puget Sound Naval 
Shipyard. The certificate of exemption shall be maintained onboard the 
exempted vessel or on the person of the exempted individual at all 
times when present in the zone.
    (c) Enforcement. This combined security and safety zone will be 
enforced by the Captain of the Port, Puget Sound, and by his designated 
representatives. Designated representatives of the Captain of the Port 
may include Coast Guard commissioned officers and petty officers. The 
U.S. Navy may assist the Coast Guard in the patrol, monitoring, and 
enforcement of the security and safety zone.
    (d) Effective dates. This section becomes effective on June 12, 
1995 at 5 p.m. (PDT) and terminates on September 9, 1995 at 4:30 p.m. 
unless sooner terminated by the Captain of The Port.

    Dated: June 12, 1995.
J. A. Pierson,
Capt., U.S. Coast Guard Commander, Thirteenth Coast Guard District, 
Acting.
[FR Doc. 95-15757 Filed 6-26-95; 8:45 am]
BILLING CODE 4910-14-M