Rule2022-21950
Security Zone; Puget Sound, Tacoma, WA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 7, 2022
Effective
October 5, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is extending the effective period of a temporary, 500-yard radius, moving security zone for a vessel carrying Certain Dangerous Cargo (CDC) within Puget Sound. This temporary security zone is needed to protect the vessel, the CDC, and the surrounding waterway from terrorist acts, sabotage, or other subversive acts, accidents, or other events of a similar nature. Entry of vessels or persons into this zone is prohibited while the Motor Vessel (M/V) GREEN RIDGE is in transit unless specifically authorized by the Captain of the Port Puget Sound (COTP) or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 194 (Friday, October 7, 2022)</title>
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[Federal Register Volume 87, Number 194 (Friday, October 7, 2022)]
[Rules and Regulations]
[Pages 60893-60895]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21950]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0833]
RIN 1625-AA87
Security Zone; Puget Sound, Tacoma, WA
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is extending the effective period of a
temporary, 500-yard radius, moving security zone for a vessel carrying
Certain Dangerous Cargo (CDC) within Puget Sound. This temporary
security zone is needed to protect the vessel, the CDC, and the
surrounding waterway from terrorist acts, sabotage, or other subversive
acts, accidents, or other events of a similar nature. Entry of vessels
or persons into this zone is prohibited while the Motor Vessel (M/V)
GREEN RIDGE is in transit unless specifically authorized by the Captain
of the Port Puget Sound (COTP) or a designated representative.
DATES: This rule is effective without actual notice from October 5,
2022, through October 8, 2022. For the purposes of enforcement, actual
notice will be used from October 4, 2022, until 8:45 a.m. on October 5,
2022.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Rob Nakama, Sector Puget Sound Waterways Management
Division, U.S. Coast Guard; telephone 206-217-6089, email
<a href="/cdn-cgi/l/email-protection#d98abcbaadb6ab89acbebcad8ab6acb7bd8e8e9499acaababef7b4b0b5"><span class="__cf_email__" data-cfemail="075462647368755772606273546872696350504a4772746460296a6e6b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Puget Sound
DHS Department of Homeland Security
FR Federal Register
M/V Motor Vessel
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On September 30, 2022, the Coast Guard issued a rulemaking that
created a temporary security zone effective October 4, 2022. Due to the
vessel's new departure date, additional time is needed; as a result,
the Coast Guard is establishing through temporary regulations a
security zone that will be in effect through October, 8, 2022. The
temporary rule was issued without prior notice and opportunity to
comment pursuant to authority under section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an
agency to issue a rule without prior notice and opportunity to comment
when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing a notice of proposed rulemaking (NPRM) with respect
to this rule because it is impracticable. The Coast Guard established
this security zone to ensure security of the vessel, the CDC, and the
surrounding waterway from terrorist acts, sabotage, or other subversive
acts, accidents, or other events of a similar nature and the effective
date of the zone must be extended due to the vessel's new departure
date. It would be contrary to public interest to postpone extending the
temporary security zone.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because the security zone is needed
for immediate action to respond to potential security concerns
associated with the vessel.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with the transit of the M/V GREEN RIDGE
when loaded will be a security concern within a 500-yard radius of the
vessel. This rule is needed to provide for the safety and security the
vessel, its cargo, and surrounding waterway from terrorist acts,
sabotage or other subversive acts, accidents, or other events of a
similar nature while the vessel is transiting within Puget Sound.
IV. Discussion of the Rule
The Coast Guard is establishing a 500-yard radius temporary moving
security zone around the M/V GREEN RIDGE. The zone for the vessel is
effective from October 4, 2022, through October 8, 2022. It will be
subject to enforcement this entire period unless the COTP determines it
is no longer needed, in which case the Coast Guard will inform mariners
via Notice to Mariners. The duration of the zone is intended to protect
the vessel, the cargo, and the surrounding waterway from terrorist
acts, sabotage or other subversive acts, accidents, or other events of
a similar nature. No vessel or person will be permitted to enter the
security zone without obtaining permission from the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
duration, and location of the security zone. This rule will impact a
small designated area of 500-yards around the moving vessel while
transiting from Terminal 7 in Tacoma, WA, to Admiralty Inlet, WA.
Moreover, the rule allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
[[Page 60894]]
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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 (adjusted for
inflation) 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a moving security zone lasting for the
duration of time that the M/V GREEN RIDGE is transiting while loaded
with cargo. It will prohibit entry within a 500 yard radius of the M/V
GREEN RIDGE while the vessel is transiting loaded within Puget Sound.
It is categorically excluded from further review under L60(d) in
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T13-0833 to read as follows:
Sec. 165.T13-0833 Security Zone; Puget Sound, Tacoma, WA.
(a) Location. The following area is a security zone: All navigable
waters encompassing a 500-yard radius around the Motor Vessel (M/V)
GREEN RIDGE while the vessel is underway from Terminal 7 in Tacoma, WA,
until the vessel reaches a pier in Admiralty Bay, WA.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Puget Sound (COTP) in the enforcement of the
security zone.
(c) Enforcement period. This section will be enforced from October
4, 2022, through October 8, 2022.
(d) Regulations. (1) The general regulations in Sec. 165.33 apply.
Entry into the zone is prohibited unless authorized by the COTP or a
designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16 or at 206-217-6051. Those in the
security zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(e) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs) as appropriate of the enforcement times and dates for
the security zone. The security zone may be suspended early at the
discretion of the COTP.
[[Page 60895]]
Dated: October 4, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2022-21950 Filed 10-5-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 7, 2022.
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