[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 [www.gpo.gov]
[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 
[email protected].

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


