[Federal Register Volume 68, Number 171 (Thursday, September 4, 2003)]
[Rules and Regulations]
[Pages 52508-52510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22464]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-03-029]
RIN 1625-AA00


Security and Safety Zones; Barge BEAUFORT 20, Explosive On-Load 
and Transit, Puget Sound, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary security and safety 
zones around the Barge BEAUFORT 20 during an explosive on-load and 
transit in the waters of Puget Sound, WA. The Coast Guard is taking 
this action to safeguard the public from hazards associated with the 
loading and transit of explosives and to safeguard the Barge BEAUFORT 
20 from sabotage, other subversive acts, or accidents. Entry into these 
temporary security and safety zones will be prohibited unless you have 
permission from the Captain of the Port, Puget Sound.

DATES: This rule is effective from 6 a.m. Pacific Daylight Time on 
August 22, 2003 to 6 a.m. Pacific Daylight Time September 11, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD13-03-029 and are 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 J. R. Morgan, c/o Captain of the 
Port Puget Sound, 1519 Alaskan Way South, Seattle, Washington 98134, 
(206) 217-6230.

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 (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 vessels and persons that may 
be transiting in the vicinity of the Barge BEAUFORT 20 and to protect 
the BEAUFORT 20. Alaska Marine Lines, the barge owner, was unable to 
provide the Coast Guard with sufficient details regarding this 
explosive on-load and transit until less than 30 days prior to the date 
of the loading. If normal notice and comment procedures were followed, 
this rule would not become effective until after the date of the 
explosive loading. For this reason, following normal rulemaking 
procedures in this case would be impracticable and contrary to the 
public interest.

Background and Purpose

    The Coast Guard has determined that it is necessary to establish a 
temporary security and safety zone around the barge BEAUFORT 20 due to 
the hazards associated with the handling and transit of explosives. 
These security and safety zones are required in order to minimize the 
dangers that the explosive on-load and transit may present to persons 
and vessels transiting in the vicinity of the BEAUFORT 20. These 
dangers include, but are not limited to, combustion, explosion and 
deflagration.

Discussion of Rule

    The Coast Guard is adopting a temporary security and safety zone 
regulation on Puget Sound, WA, around the Barge BEAUFORT 20. The Coast 
Guard has determined that it is necessary to restrict access to an area 
within a 1500 yard radius around the Barge BEAUFORT 20 while anchored 
at a position approximately 3 nautical miles due East of Vendovi Island 
at 48 degrees, 37 minutes North by 122 degrees, 31.25 minutes West. In 
addition, the BEAUFORT 20 will transit from Naval Magazine Indian 
Island to the anchorage located east of Vendovi Island. Accordingly, it 
is necessary to restrict access to an area within a 200-yard radius 
around the Barge BEAUFORT 20 while it is underway. The Coast Guard, 
through this action, intends to promote the security and safety of 
persons and vessels in the vicinity of the BEAUFORT 20. Entry into this 
zone will be prohibited unless authorized by the Captain of the Port. 
Coast Guard personnel will enforce this security and safety zone and 
may be assisted by other federal, state, or local agencies.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS). We expect the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This expectation is based on the 
fact that the regulated area established by the regulation would 
encompass a small area that should not impact commercial or 
recreational traffic. 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. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not

[[Page 52509]]

dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. We expect the economic impact of this rule to be so minimal 
that a full Regulatory Evaluation under the regulatory policies and 
procedures of DHS is unnecessary. This expectation is based on the fact 
that the regulated area established by the regulation would encompass a 
small area that should not impact commercial or recreational traffic. 
For the above reasons, the Coast Guard does not anticipate any 
significant economic impact.

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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 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 rule 
is not an economically significant rule and does not create 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.

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

Environment

    The Coast Guard's preliminary review indicates this rule is 
categorically excluded from further environmental documentation under 
figure 2-1, paragraph 34(g) of Commandant Instruction M16475.1D. The 
environmental analysis and Categorical Exclusion Determination will be 
prepared and be available in the docket for inspection and copying 
where indicated under ADDRESSES. All standard environmental measures 
remain in effect.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. From 6 a.m. Pacific Daylight Time (PDT) on August 22, 2003, to 6 
p.m. (PDT) September 11, 2003, a temporary Sec.  165.T13-019 is added 
to read as follows:


Sec.  165.T13-019  Security and Safety Zone Regulations, Barge BEAUFORT 
20, Explosive On-Load and Transit, Puget Sound, WA.

    (a) Location. The following areas in navigable waters of the United 
States in Puget Sound east of 123 degrees, 30 minutes West Longitude 
[Datum: NAD 1983] are security and safety zones:
    (1) All waters within a 1500-yard radius of the Barge BEAUFORT 20 
while at anchor. The BEAUFORT 20 will anchor in Padilla Bay at 
approximately 48 degrees, 37 minutes North by 122 degrees, 31.25 
minutes West, [Datum: NAD 1983].
    (2) All waters within a 200-yard radius of the Barge BEAUFORT 20 
while underway from Naval Magazine Indian Island to the anchorage 
located at the coordinates indicated in paragraph (a)(1) of this 
section.
    (b) Regulations. In accordance with the general regulations in 33 
CFR part 165, subparts C and D, this section applies to any person or 
vessel in the navigable waters of the United States. No person or 
vessel may enter or remain in the security and safety zones established 
by this section, unless authorized by the Captain of the Port or his 
designated representatives. Vessels and persons granted authorization 
to enter the security and safety zone shall obey all lawful orders or 
directions of the Captain of the Port or his designated representative. 
The Captain of the Port may be assisted by other federal, state, or 
local agencies in enforcing this section pursuant to 33 CFR 6.04-11.
    (c) Effective period. This section applies from 6 a.m. (PDT) August 
22,

[[Page 52510]]

2003, through 6 p.m. (PDT) on September 11, 2003.

    Dated: August 20, 2003.
D. Ellis,
Captain, Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 03-22464 Filed 9-3-03; 8:45 am]
BILLING CODE 4910-15-U