[Federal Register Volume 60, Number 123 (Tuesday, June 27, 1995)] [Rules and Regulations] [Pages 33120-33122] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-15757] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION 33 CFR Part 165 [CGD13-95-028] Security and Safety Zone Regulation: Sinclair Inlet, Puget Sound, Bremerton, WA AGENCY: Coast Guard, DOT. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a combined security and safety zone on the waters of Sinclair Inlet adjacent to the Puget Sound Naval Shipyard (PSNY), Bremerton, Washington. This action is necessary to safeguard U.S. Navy vessels and repair facilities from sabotage and other subversive acts, accidents, or other incidents of a similar nature. This action is also necessary to protect vessels and individuals from the dangers associated with the industrial waterfront facilities at the shipyard. Entry into this zone is prohibited unless otherwise authorized by these regulations or the Captain of the Port. EFFECTIVE DATE: This regulation becomes effective on June 12, 1995, and remains in effect until September 9, 1995, unless sooner terminated by the Captain of the Port. FOR FURTHER INFORMATION CONTACT:LCDR J. A. Bigley, c/o Commander, Thirteenth Coast Guard District (mps), 915 Second Avenue, Seattle, Washington 98134, (206) 220-7210. SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of proposed rulemaking (NPRM) was not published for this regulation and good cause exists for making it effective less than 30 days after the date of publication in the Federal Register. Publishing an NPRM and delaying the effective date of this regulation would be contrary to the public interest because immediate action is necessary to safeguard the security of the Puget Sound Naval Shipyard and to ensure public safety on the navigable waters of the United States. A recent Federal court decision indicates that the Naval Restricted Area (NRA) regulation for the Puget Sound Naval Shipyard, as presently codified at 33 CFR 334.1240, is not sufficient to meet the needs of national security and public safety. Immediate regulatory action is therefore needed as an interim measure until such time as the NRA regulation can be amended by the U.S. Army Corps of Engineers (COE). Amendment of the NRA regulation by COE may take as long as 90 days. For these reasons, following normal rulemaking procedures in this case would have been impracticable. [[Page 33121]] Drafting Information The drafters of this notice are LCDR J. A. Bigley, Project Officer, and LCDR John Odell, Project Attorney, Thirteenth Coast Guard District Legal Office. Discussion of Regulation In the past, the U.S. Navy has relied on Naval Restricted Area (NRA) regulations established by the U.S. Army Corps of Engineers (COE) to meet the needs of national security and public safety on the waters of Sinclair Inlet adjacent to the Puget Sound Naval Shipyard (PSNY). These NRA regulations are codified at 33 CFR 334.1240. A recent Federal court decision indicates that these regulations do not apply to swimmers, divers, and other individuals not embarked on vessels. In light of this court decision, the Commanding Officer, Puget Sound Naval Shipyard, reviewed the physical security and safety conditions around the shipyard's active piers and drydocks. Based in this review, the Commanding Officer concluded that swimmers, divers, and other individuals not embarked in vessels may pose a serious threat to the security of the shipyard if these individuals are allowed to enter the waters of Sinclair Inlet adjacent to the shipyard. Moreover, persons swimming or diving in these waters may be exposed to numerous dangers associated with the industrial waterfront facilities at the shipyard. These dangers include maneuvering U.S. Navy vessels, underwater pump suctions and discharges, rotating propellers, and rigging and crane operations over the water. Based on this review of the security and safety conditions at the shipyard, the U.S. Navy requested the Coast Guard to establish a limited access area in the waters surrounding the shipyard. In response to the U.S. Navy's request, the Coast Guard is establishing a combined security and safety zone on the waters of Sinclair Inlet adjacent to the Puget Sound Naval Shipyard. This combined security and safety zone approximates and overlaps the existing NRA. The Coast Guard has determined that a security zone is warranted and appropriate because a security zone is intended for the protection of assets which are vital to the national interest. Vessels moored or drydocked at the shipyard can easily be approached from the water and are vulnerable to acts of sabotage. Regulating access to the water areas around the shipyard provides a means of countering this threat without unnecessarily interfering with the public's use of the waterway. The security zone will keep unauthorized persons and vessel away from vessels and facilities at the shipyard and will allow early detection of unauthorized entry. The Coast Guard has determined that a safety zone is also warranted because a safety zone is intended to ensure the safety of the public on the navigable waters of the United States. Persons and vessels operating in and on the waters of Sinclair Inlet adjacent to the shipyard are exposed to the numerous hazards associated with a waterfront industrial facility. Excluding unauthorized persons and vessels from this area of Sinclair Inlet will reduce the risk of accidents and injuries involving members of the public without unnecessarily interfering with the public's use of the waterway. These regulations exempt certain categories of persons and vessels from some or all of the restrictions imposed by the security and safety zone. Other exemptions may be granted where the Captain of the Port, Puget Sound, and Commanding Officer, Puget Sound Naval Shipyard, have agreed that access to the shipyard does not pose a threat to security or safety at the shipyard and it is in the national interest. Persons and vessels requesting an exemption to enter the security and safety zone must request and receive authority from the Captain of the Port, Puget Sound, via the Security Officer, Puget Sound Naval Shipyard, Bremerton, Washington. This combined security and safety zone will be enforced by the Captain of the Port, Puget Sound, and by his designated representatives. Designated representatives of the Captain of the Port may include Coast Guard commissioned officers and petty officers. The U.S. Navy may assist the Coast Guard in the patrol, monitoring, and enforcement of the security and safety zone. Regulatory Evaluation This action 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. It has been exempted from review by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 CFR 11040; February 26, 1979). The Coast Guard expects the economic impact of this proposal to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. This expectation is based on the fact that the NRA regulations already prohibit commercial navigation from entering the waters adjacent to the shipyard. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this action will have a significant impact on a substantial number of small entities. ``Small entities'' may include (1) small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields and (2) governmental jurisdictions with populations of less than 50,000. For the reasons stated under the Regulatory Evaluation above, the Coast Guard expects the impact of this action to be minimal on all entities. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this action will not have a significant economic impact on a substantial number of small entities. Collection of Information This temporary final rule contains no collection-of-information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Federalism The Coast Guard has analyzed this action under the principals and criteria contained in Executive Order 12612 and has determined that this action does not have sufficient federal implications to warrant the preparation of a Federal Assessment. Environment The Coast Guard considered the environmental impact of this proposal and concluded that under paragraph 2.B.2 of Commandant Instruction M16475.1B, this proposal is categorically excluded from further environmental documentation. A ``Categorical Exclusion Determination'' is available in the docket for inspection or copying were indicated under FOR FURTHER INFORMATION CONTACT. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Vessels, Waterways. Regulation In consideration of the foregoing, Part 165 of Title 33, Code of Federal Regulations, is amended as follows: 1. The authority citation for Part 165 continues to read as follows: [[Page 33122]] 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. A new Section 165T.13-026 is added to read as follows: Sec. 165.T13-026 Security and Safety Zone; Sinclair Inlet, WA (a) Location. The following area is a combined security and safety zone: All waters of Sinclair Inlet, Puget Sound, Bremerton, Washington, bounded by a line commencing at latitude 47 deg.33'04'' N, longitude 122 deg.39'41'' W; thence to latitude 47 deg.33'04'' N, longitude 122 deg.39'07'' W; thence to latitude 47 deg.33'07'' N, longitude 122 deg.38'59'' W; thence to latitude 47 deg.33'07'' N, longitude 122 deg.38'29'' W; thence to latitude 47 deg.33'23'' N, longitude 122 deg.37'45'' W; thence to latitude 47 deg.33'39'' N, longitude 122 deg.37'27'' W; thence to latitude 47 deg.33'42'' N, longitude 122 deg.37'28'' W; and thence along the shoreline to the point of origin. This combined security and safety zone roughly conforms to the configuration of the shoreline of the Puget Sound Naval Shipyard, measuring approximately 3500 yards along the shoreline and extending approximately 150 yards into Sinclair Inlet. [Datum: NAD 83] (b) Regulations. (1) In accordance with the general regulations in Sections 165.23 and 165.33 of this part, no person or vessel may enter or remain in this zone unless specifically listed in subparagraph (b)(2) of this section or authorized by the Captain of the Port, Puget Sound, or his designated representatives. (2) The general regulations in Sections 165.23 and 165.33 of this part do not apply to the following persons or vessels; (i) Public vessels of the United States. (ii) Vessels performing work at Puget Sound Naval Shipyard under contract with the United States Navy. (iii) Any other vessel or person mutually agreed upon in advance by the Captain of the Port, Puget Sound, and Commanding Officer, Puget Sound Naval Shipyard. Vessels or persons entering the security and safety zone under this exemption must have previously obtained a copy of a certificate of exemption permitting their entry in the zone from the Security Office, Puget Sound Naval Shipyard, Bremerton, Washington. This written exemption shall state the date(s) on which it is effective and may contain any further restrictions on movement and activities within the zone as have been previously agreed upon by the Captain of the Port, Puget Sound, and Commanding Officer, Puget Sound Naval Shipyard. The certificate of exemption shall be maintained onboard the exempted vessel or on the person of the exempted individual at all times when present in the zone. (c) Enforcement. This combined security and safety zone will be enforced by the Captain of the Port, Puget Sound, and by his designated representatives. Designated representatives of the Captain of the Port may include Coast Guard commissioned officers and petty officers. The U.S. Navy may assist the Coast Guard in the patrol, monitoring, and enforcement of the security and safety zone. (d) Effective dates. This section becomes effective on June 12, 1995 at 5 p.m. (PDT) and terminates on September 9, 1995 at 4:30 p.m. unless sooner terminated by the Captain of The Port. Dated: June 12, 1995. J. A. Pierson, Capt., U.S. Coast Guard Commander, Thirteenth Coast Guard District, Acting. [FR Doc. 95-15757 Filed 6-26-95; 8:45 am] BILLING CODE 4910-14-M