[Federal Register: December 10, 2004 (Volume 69, Number 237)]
[Rules and Regulations]
[Page 71709-71711]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de04-11]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD13-04-040]
RIN 1625-AA87
Security Zones; Protection of Military Cargo, Captain of the Port
Zone Puget Sound, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a security zone in Budd Inlet,
Olympia, WA to protect Department of Defense assets and military cargo
in Puget Sound, Washington. This security zone, when enforced by the
Captain of the Port Puget Sound, will regulate traffic in the vicinity
of military cargo loading operations in the navigable waters of the
United States.
DATES: This rule is effective December 10, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD13-04-040 and are available for inspection or
copying at Commanding Officer, Marine Safety Office Puget Sound, 1519
Alaskan Way South, Seattle, Washington 98134 between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LTjg T. Thayer, c/o Captain of the
Port Puget Sound, Seattle, WA, (206) 217-6232. For specific information
concerning enforcement of this rule, call Marine Safety Office Puget
Sound at (206) 217-6200 or (800) 688-6664.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On October 12, 2004, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zones; Protection of
[[Page 71710]]
Military Cargo, Captain of the Port Zone Puget Sound, WA'' in the
Federal Register (69 FR 60600). No written comments were received by
the Coast Guard regarding this proposed rule. A public hearing was not
requested and none was held.
The Coast Guard finds good cause exists to make this rule effective
less than 30 days after publication. This rule establishes security
zones during military cargo loading and unloading operations. The
Captain of the Port Puget Sound deems it necessary to make this rule
effective upon publication in the Federal Register given the
unpredictable schedule of these military cargo loading and unloading
operations and because of the vital importance of these operations to
national security. In fact, since October 12, 2004, the Captain of the
Port Puget Sound has issued two additional temporary final rules
establishing security zones in Budd Inlet, West Bay, Olympia,
Washington (CGD13-04-41 singed November 15, 2004; CGD13-04-042 signed
November 30, 2004). Moreover, the Captain of the Port Puget Sound will
only enforce this final rule after issuing a notice of enforcement.
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 rule, intends to assist the
Department of Defense protect vital national security assets, in the
waters of Puget Sound. This rule adds Budd Inlet as a permanent
security zone in 33 CFR 165.1321. The security zones permanently
established in 33 CFR 165.1321 exclude persons and vessels from these
zones during military cargo loading and unloading operations and set
forth the procedures for obtaining permission to enter, move within or
exit these security zones. Likewise, entry into the zone described in
this rule 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 Comments and Changes
No comments were received by the Coast Guard as a result of the
request for comments in our NPRM.
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 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.
Although this rule would restrict access to the regulated area, the
effect of this rule would not be significant. This expectation is based
on the fact that the regulated area established by the rule would
encompass a limited area in Budd Inlet, Olympia, WA. In addition,
temporary final rules established for past cargo loading and unloading
operations have only lasted from a few days to over a week in duration.
Hence, the Coast Guard expects that enforcement periods under of this
rule will be of similar duration. Further, Coast Guard forces will
actively monitor and enforce the Budd Inlet security zone and are
authorized by the Captain of the Port to grant authorization to vessels
to enter this waterway. In addition, in certain circumstances VTS may
grant authorization to enter, move within or depart this waterway. In
other words, those vessels or persons who may be impacted by this rule
may request permission to enter, move within or depart this security
zone. Finally, the Coast Guard will cause a notice of suspension of
enforcement to be published when cargo loading or unloading operations
have concluded. 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 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
would not have a significant economic impact on a substantial number of
small entities.
This rule would affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to operate
near or anchor in the vicinity of Budd Inlet.
This rule would not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
security zone is limited in size; (ii) designated representatives of
the Captain of the Port may authorize access to the security zone;
(iii) security zone for any given operation will effect the given
geographical location for a limited time; (iv) the Coast Guard will
make notifications via maritime advisories so mariners can adjust their
plans accordingly and (v) the Coast Guard will cause a notice of
suspension of enforcement to be published when cargo loading or
unloading operations have concluded.
If you think 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 think 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 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 one of the
[[Page 71711]]
points of contact listed under FOR FURTHER INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
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
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 would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This 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 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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
The Coast Guard recognizes the rights of Native American Tribes
under the Stevens Treaties. Moreover, the Coast Guard is committed to
working with Tribal Governments to implement local policies to mitigate
tribal concerns. We have determined that these security zones and
fishing rights protection need not be incompatible. We have also
determined that 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.
Nevertheless, Indian Tribes that have questions concerning the
provisions of this rule or options for compliance are encouraged to
contact the point of contact listed under FOR FURTHER INFORMATION
CONTACT.
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. In Sec. 165.1321, add paragraph(c)(3) to read as follows:
Sec. 165.1321 Security Zone; Protection of Military Cargo, Captain of
the Port Zone Puget Sound, WA.
* * * * *
(c) * * *
(3) Budd Inlet Security Zone: The Security Zone in Budd Inlet, West
Bay, Olympia WA includes all waters enclosed by a line connecting the
following points: 47[deg]03'12'' N, 122[deg]25'21'' W, which is
approximately the northwestern end of the fence line enclosing Berth 1
at Port of Olympia; then northerly to 47[deg]03'15'' N, 122[deg]54'21''
W, which is the approximate 300 feet north along the shoreline; then
westerly to 47[deg]03'15'' N, 122[deg]54'26'' W; then southerly to
47[deg]03'06'' N, 122[deg]54'26'' W; then southeasterly to
47[deg]03'03'' N, 122[deg]54'20'' W, which is approximately the end of
the T-shaped pier; then north to 47[deg]03'01'' N, 122[deg]54'21'' W,
which is approximately the southwestern corner of berth 1; then
northerly along the shoreline to the point of origin. [Datum: NAD
1983].
* * * * *
Dated: December 1, 2004.
J.A. Stagliano,
Commander, U.S. Coast Guard, Acting Captain of the Port, Puget Sound.
[FR Doc. 04-27213 Filed 12-8-04; 8:54 am]
BILLING CODE 4910-15-P