[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Rules and Regulations]
[Pages 43378-43379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20588]



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DEPARTMENT OF DEFENSE

Department of the Army
Corps of Engineers

33 CFR Part 334


Sinclair Inlet, Puget Sound, Bremerton, Washington; Naval 
Restricted Areas

AGENCY: Army Corps of Engineers, DOD.

ACTION: Interim final rule; request for comments.

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SUMMARY: The Corps is amending the rules which establish two restricted 
areas in the waters of Sinclair Inlet adjacent to the Puget Sound Naval 
Shipyard, Bremerton, Washington. This action is necessary to safeguard 
U.S. Navy vessels and Government 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 Commander, Naval Base, Seattle, 
Washington, or whomever he/she designates.

DATES: Effective August 21, 1995. Written comments will be accepted 
until October 20, 1995.

ADDRESSES: HQUSACE, CECW-OR, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT:
Mr. Jonathan Freedman, Regulatory Branch, Seattle District at (206) 
764-3495, or Mr. Ralph Eppard, Regulatory Branch, CECW-OR at (202) 761-
1783.

SUPPLEMENTARY INFORMATION: A restricted area is a defined water area 
for the purpose of prohibiting or limiting public access to an area. 
Restricted areas provide security for Government property and/or 
protection to the public from the risks of damage or injury arising 
from the Government's use of that area. The Corps promulgated 
regulations in 33 CFR 334.1240 establishing two restricted areas in the 
waters of Sinclair Inlet adjacent to the Puget Sound Naval Shipyard on 
November 28, 1961. A recent court decision indicates that the 
restricted area regulations in 33 CFR 334.1240 are not sufficient to 
meet the needs of national security and public safety. According to the 
court decision, the regulations do not apply to swimmers, divers and 
other individuals not embarked on vessels. In light of the court 
decision, the Commanding Officer, Puget Sound Naval Shipyard reviewed 
the physical security and safety conditions around the shipyards 

[[Page 43379]]
active piers and drydocks. Based on 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 
those 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. Naval 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 Commanding Officer has requested that the 
restricted areas be amended to prohibit the trespassing of persons into 
the restricted areas at Sinclair Inlet; add a coordinate to accommodate 
the extension of the south end of ``mooring A'' maintaining a buffer 
100 yards south of the end of this mooring, and to change the 
geographic coordinates for the restricted area to conform to the 1983 
re-establishment of the National Geodetic Vertical Datum.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
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 a proposed rule 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 insure public safety on the navigable 
waters of the United States. On June 27, 1995, the U.S. Coast Guard 
published a temporary final rule establishing a combined security and 
safety zone on the waters of Sinclair Inlet as an interim measure until 
the Corps could revise the existing restricted area regulations. The 
Coast Guard regulations expire on September 9, 1995.
    In addition to the request for comments on these interim final 
rules, on July 21, 1995, the Corps Seattle District published and 
distributed a public notice to all known interested parties soliciting 
comments on the proposed amendments to 33 CFR 334.1240. The comment 
period for the District public notice was scheduled to expire on August 
21, 1995, but is extended to end on the same date as the comment period 
for these interim final rules. The Corps will consider all comments 
received in response to the District public notice and this interim 
final rule and will make any changes to the regulations it deems to be 
in the public interest.

Economic Assessment and Certification

    This interim final rule is issued with respect to a military 
function of the Defense Department and the provisions of Executive 
Order 12866 do not apply. These interim final rules have been reviewed 
under the Regulatory Flexibility Act (Pub. L. 96-354), which requires 
the preparation of a regulatory flexibility analysis for any regulation 
that will have a significant economic impact on a substantial number of 
small entities (i.e., small businesses and small governments). The 
Corps has determined that the economic impact of the changes to the 
restricted area will have practically no impact on the public, no 
anticipated navigational hazard or interference with existing waterway 
traffic and accordingly, no significant economic impact on small 
entities.

List of Subjects in 33 CFR Part 334

    Danger zones. Navigation (water), Transportation.
    In consideration of the above, the Corps is amending part 334 of 
title 33 to read as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for part 334 continues to read as 
follows:

    Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

    2. Section 334.1240 is revised to read as follows:
Sec. 334.1240  Sinclair Inlet; Naval Restricted Areas.

    (a) Sinclair Inlet; naval restricted areas.--(1) Area No. 1. All 
the waters of Sinclair Inlet westerly of a line drawn from the 
Bremerton Ferry Landing at latitude 47 deg.33'48'' N, longitude 
122 deg.37'23'' W on the north shore of Sinclair Inlet and latitude 
47 deg.32'52'' N, longitude 122 deg.36'58'' W on the south shore of 
Sinclair Inlet.
    (2) Area No. 2. That area of Sinclair Inlet to the north and west 
of an area bounded by a line commencing at latitude 47 deg.33'43'' N, 
longitude 122 deg.37'31'' W thence south to latitude 47 deg.33'39'' N, 
longitude 122 deg.37'27'' W thence southwest to latitude 47 deg.33'23'' 
N, longitude 122 deg.37'45'' W thence southwest to latitude 
47 deg.33'19'' N, longitude 122 deg.38'12'' W thence southwest to 
latitude 47 deg.33'10'' N, longitude 122 deg.38'19'' W thence southwest 
to latitude 47 deg.33'07'' N, longitude 122 deg.38'29'' W thence west 
to latitude 47 deg.33'07'' N, longitude 122 deg.38'58'' W thence 
southwest to latitude 47 deg.33'04'' N, longitude 122 deg.39'07'' W 
thence west to the north shore of Sinclair Inlet at latitude 
47 deg.33'04'' N, longitude 122 deg.39'41'' W.
    (3) The regulations. (i) Area No. 1. No vessel of more than 100 
gross tons shall enter this area or navigate therein without permission 
from the enforcing agency.
    (ii) This area is for the exclusive use of the U.S. Navy. No 
person, vessel, craft, article or thing except those under supervision 
of military or naval authority except Washington State Ferries or 
Horluck Transportation Company Ferries on established routes shall 
enter this area without permission from the enforcing agency.
    (iii) The regulations in this section shall be enforced by the 
Commander, Naval Base, Seattle, Washington, or his/her authorized 
representative.
    (b) [Reserved]

    Dated: August 14, 1995.

    Approved.
Stanley G. Genega,
Major General, USA, Director of Civil Works.
[FR Doc. 95-20588 Filed 8-18-95; 8:45 am]
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