[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Rules and Regulations]
[Pages 48274-48276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16286]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD13-05-034]
RIN 1625-AA87


Security Zone; Port Townsend Waterway, Puget Sound, WA, Naval 
Exercise

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
Naval and Army vessels while conducting ammunitions transfers in a 
designated area near Indian Island, Washington. The Coast Guard is 
taking this action to provide safety and security for Naval and Army 
vessels from terrorism, sabotage, other subversive acts, to allow 
sufficient maneuvering area for the vessel, and to maintain a 
sufficient blast radius from land in an event of an accident. Entry 
into this zone is prohibited unless authorized by the Captain of the 
Port,

[[Page 48275]]

Puget Sound or his designated representatives.

DATES: This rule is effective from 6 a.m. PDT on August 9, 2005 to 
11:59 p.m. PDT on August 20, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD13-05-034 and are available for 
inspection or copying at the Waterways Management Division, Coast Guard 
Sector Seattle, 1519 Alaskan Way South, Seattle, WA 98134, between 8 
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jessica Hagen, 
Waterways Management Division, Coast Guard Sector Seattle, at (206) 
217-6040.

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. Due 
to the nature of the event, the Coast Guard was not notified by the 
United States Navy of final details concerning the exercise until less 
than 30 days prior to the date of the event. Moreover, immediate action 
is necessary to safeguard Naval and Army vessels from terrorism, 
sabotage, other subversive acts, or accident. If normal notice and 
comment procedures were followed, this rule would not become effective 
soon enough to provide necessary protection to the Port Townsend 
Waterway and the Naval and Army vessels from the threats posed by 
hostile entities. For this reason, following normal rulemaking 
procedures in this case would be impracticable and contrary to the 
public interest.

Background and Purpose

    Hostile entities continue to operate with the intent to harm U.S. 
National Security by attacking or sabotaging national security assets. 
The President has continued the national emergencies he declared 
following the September 11, 2001 terrorist attacks. 67 FR 58317 ((Sept. 
13, 2002) (continuing national emergency with respect to terrorist 
attacks)); 67 FR 59447 ((Sept. 20, 2002) (continuing national emergency 
with respect to persons who commit, threaten to commit or support 
terrorism)); 68 FR 55189 ((Sept. 22, 2003) (continuing national 
emergency with respect to persons who commit, threaten to commit or 
support terrorism)).
    The President also has found pursuant to law, including the 
Magnuson Act (50 U.S.C. 191 et. seq.), that the security of the United 
States is and continues to be endangered following the attacks (E.O. 
13,273, 67 FR 56215 (Sept. 3, 2002) (security endangered by 
disturbances in international relations of U.S. and such disturbances 
continue to endanger such relations)). Moreover, the ongoing 
hostilities in Afghanistan and Iraq make it prudent for U.S. ports and 
waterways to be on a higher state of alert because the Al Qaeda 
organization and other similar organizations have declared an ongoing 
intention to conduct armed attacks on U.S. interests worldwide.
    The Coast Guard, through this action, intends to assist the U.S. 
Navy in protecting assets in the Port Townsend Waterway by establishing 
security zones and notification requirements that will exclude persons 
and vessels from this waterway and from the immediate vicinity of these 
vessels. Entry into this zone will be prohibited unless authorized by 
the Captain of the Port or his designee. The Captain of the Port may be 
assisted by other Federal, State, or local agencies.

Discussion of Rule

    This temporary final rule is established to maintain a distance in 
accordance with Naval Magazine Indian Island's (NAVMAG) ``Explosive 
Safety Quantity-Distance'' (ESQD) Arcs, and for safety and security 
concerns controls vessel movement in and around the Port Townsend 
Waterway, Puget Sound, WA.
    This temporary final rule establishes a security zone controlling 
all vessel movement in the Port Townsend Waterway, Puget Sound, WA 
which includes all waters enclosed in an area with the following 
points: 48[deg]04'40'' N, 122[deg]44'31'' W; then northwesterly to 
48[deg]04'59.5'' N, 122[deg]44'52'' W; then northwesterly to 
48[deg]05'35'' N, 122[deg]45'17'' W; then southwesterly to 
48[deg]05'20'' N, 122[deg]45'50'' W; then southeasterly to 
48[deg]02'39'' N, 122[deg]44'46'' W; then easterly to 48[deg]02'42'' N, 
122[deg]44'17'' W; then northerly along the shoreline of the Indian 
Island to the point of origin. [Datum: NAD 1983].

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).

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 dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000. 
This zone will not have a significant economic impact due to its short 
duration and small area. Because the impacts of this proposal are 
expected to be minimal, 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.
    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 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 the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.

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

[[Page 48276]]

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 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 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. 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 
recordkeeping requirements, Security measures, Waterways.

Temporary Final Rule

0
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]

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. PDT on August 9, 2005, to 11:59 p.m. PDT on August 20, 
2005, a temporary Sec.  165.T13-014 is added to read as follows:


Sec.  165.T13-014  Security Zone Regulations, Port Townsend Waterway, 
Puget Sound, Washington.

    (a) Port Townsend Waterway Security Zone: A security zone 
controlling all vessel movement exists in the Port Townsend Blair 
waterway, Puget Sound, WA which includes all waters enclosed by the 
following points: 48[deg]40'40'' N, 122[deg]44'31'' W; then 
northwesterly to 48[deg]04'59.5'' N, 122[deg]44'52'' W; then 
northwesterly to 48[deg]05'35'' N, 122[deg]45'17'' W; then 
southwesterly to 48[deg]05'20'' N, 122[deg]45'50'' W; then 
southeasterly to 48[deg]02'39'' N, 122[deg]44'46'' W; then easterly to 
48[deg]02'42'' N, 122[deg]44'17'' W; then northerly along the shoreline 
of the Indian Island to the point of origin. [Datum: NAD 1983].
    (b) Regulations. The general regulations in 33 CFR part 165, 
subpart D, apply to the security zone described in paragraph (a) of 
this section. No person or vessel may enter this security zone unless 
authorized by the Captain of the Port or his designated 
representatives. Vessels and persons granted authorization to enter the 
security zone must obey all lawful orders or directions of the Captain 
of the Port or his designated representatives. 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.

    Dated: August 4, 2005.
Stephen P. Metruck,
Captain, U.S. Coast Guard, Captain of the Port, Puget Sound.
[FR Doc. 05-16286 Filed 8-16-05; 8:45 am]
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