[Federal Register Volume 66, Number 131 (Monday, July 9, 2001)]
[Rules and Regulations]
[Pages 35758-35760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16996]


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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]
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