[Federal Register: September 4, 2003 (Volume 68, Number 171)]
[Rules and Regulations]
[Page 52508-52510]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se03-7]
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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]
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