[Federal Register Volume 67, Number 127 (Tuesday, July 2, 2002)]
[Rules and Regulations]
[Pages 44362-44364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16629]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD13-02-010]
RIN 2115-AA97


Security Zone; Naval Submarine Base Bangor, Puget Sound

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a security zone on the waters 
surrounding Naval Submarine Base Bangor. The Commander, Thirteenth 
Coast Guard District is taking this action to 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 is effective from 12 p.m. (midnight) PDT on June 21, 
2002 to 12 p.m. (midnight) PDT on July 5, 2002.

ADDRESSES: Coast Guard Marine Safety Office Puget Sound maintains the 
public docket for this rulemaking. 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 A. L. Praskovich, c/o Captain of 
the Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 
98134, at (206) 217-6232.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule, effective 
June 21, 2002, to provide for the security of Naval Submarine Base 
Bangor.
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Additionally, under 5 U.S.C. 
553(d)(3), the Coast Guard finds that good cause exist for making this 
rule effective less than 30 days after publication in the Federal 
Register.
    On May 30, 2002, we issued a final rule canceling the fixed 
security zone around U.S. Naval Submarine Base Bangor and moving 
security zones around U.S. Naval submarines while underway on Puget 
Sound, and the Strait of Juan De Fuca, WA and adjoining waters. (67 FR 
37687). This fixed security zone was canceled because regulations 
issued by another Federal agency would become effective at that time to 
provide adequate security to 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. It has come to light that the new regulations that were to go 
into effect on June 20, 2002, to provide for the security of Naval 
Submarine Base Bangor will not be in effect until some time after 20 
June 2002. Because of this, we are establishing a temporary final rule 
that will provide for the continued security of Naval Submarine Base 
Bangor. Publishing an NPRM would be contrary to public interest since 
immediate action is necessary to ensure the security of Naval assets.

Background and Purpose

    The Coast Guard will establish a temporary fixed security zone 
around

[[Page 44363]]

Naval Submarine Base Bangor, WA. The Coast Guard determined it was 
necessary to prevent access to this area in order to safeguard this 
U.S. Naval base from sabotage, other subversive acts, or accidents, and 
otherwise protect this U.S. Naval asset vital to national security. 
Events such as the bombing of the USS Cole highlight the fact that 
there were hostile entities operating with the intent to harm U.S. 
national security by attacking or sabotaging Naval assets including 
those in Puget Sound. The events of September 11, 2001, demonstrated 
that there were real, credible, and immediate threats to U.S. national 
security.
    The Coast Guard, through this temporary final rule, will assist the 
U.S. Navy in protecting vital national security assets by establishing 
a security zone to exclude persons and vessels from the immediate 
vicinity of U.S. Naval Submarine Base Bangor. Entry into this zone is 
prohibited unless authorized by the Captain of the Port or his 
designee. This security zone is patrolled and enforced by Coast Guard 
and Navy personnel.

Regulatory Evaluation

    This 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 temporary 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 area established by 
this temporary final rule is of such a small area as to be of no 
significant economic impact.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
considered whether this 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 
temporary final rule will not affect any small entities. Because the 
impacts of this temporary 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 temporary final 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 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 temporary final 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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the temporary 
final rule would 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 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 temporary final rule would not impose an unfunded 
mandate.

Taking of Private Property

    This temporary final rule would not effect a taking of private 
property or otherwise have taking implications under E.O. 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This 
temporary 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 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 rule and concluded 
that, under figure 2-1, paragraph (34)(g) of Commandant Instruction 
M16475.lC, this temporary final rule is categorically excluded from 
further environmental documentation.
    A Categorical Exclusion is provided for security zones. A 
Categorical Exclusion Determination and an Environmental Analysis 
Checklist were prepared for the identical, previous security zone 
issued as regulation [CGD13-01-015]. We have determined that nothing 
has changed since the preparation of this Categorical Exclusion 
Determination and Environmental Analysis Checklist. Therefore, both 
remain in effect and valid for this rule. 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.

List of Subjects in 33 CFR Part 165

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


    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

[[Page 44364]]

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. 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. Effective June 21, 2002 to July 5, 2002, temporary Sec. 165.T13-
007 is added to read as follows:


Sec. 165.T13-007  Security Zone, Naval Submarine Base Bangor, Puget 
Sound, 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 [Datum: NAD 1983].
    (b) Exemptions. Vessels that desire access to this zone and are not 
otherwise exempted as listed below, shall secure permission from the 
Captain of the Port or his 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:
    (i) Public vessels of the United States, including United States 
Naval vessels.
    (ii) Vessels that are performing work pursuant to a contract with 
the United States Navy that requires their presence in the security 
zone(s).
    (iii) 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 cognizant 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.
    (c) 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 zone unless authorized by the Captain of the Port or his 
designated representatives. Vessels and persons granted authorization 
to enter the security zone 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 this zone.

    Dated: June 20, 2002.
Erroll Brown,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 02-16629 Filed 7-1-02; 8:45 am]
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