Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Proposed Rules 60597

Civil Justice Reform 

This proposed 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 proposed 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 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

proposed rule is categorically excluded, 

under figure 2–1, paragraph (32)(e) of 

the Instruction, from further 

environmental documentation.

List of Subjects in 33 CFR Part 117 

Bridges.

Regulations 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039. 

2. From 8 a.m. on September 12, 2005 

until 6 p.m. on December 9, 2005, in 

§ 117.729, suspend paragraph (b) and 

add a new paragraph (c) to read as 

follows:

§ 117.729 Mantua Creek.

* * * * *

(c) From 8 a.m. on September 12, 

2005, through 6 p.m. on December 9, 

2005, the S.R. 44 Bridge, mile 1.7, at 

Paulsboro, may remain closed to 

navigation.

Dated: September 22, 2004. 

Sally Brice-O’Hara, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District.

[FR Doc. 04–22848 Filed 10–8–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–04–168] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Christina River, Wilmington, DE

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

change the regulations that govern the 

operation of the Norfolk Southern (NS) 

Railroad Bridge across Christina River, 

at mile 1.4, in Wilmington, DE. The 

proposed change would maintain the 

bridge’s current level of operational 

capabilities and continue to provide for 

the reasonable needs of rail 

transportation and vessel navigation.

DATES: Comments and related material 

must reach the Coast Guard on or before 

December 13, 2004.

ADDRESSES: You may mail comments 

and related material to Commander 

(obr), Fifth Coast Guard District, Federal 

Building, 4th Floor, 431 Crawford 

Street, Portsmouth, VA 23704–5004. 

The Fifth Coast Guard District maintains 

the public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at Commander 

(obr), Fifth Coast Guard District between 

8 a.m. and 4 p.m., Monday through 

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Anton Allen, Bridge Management 

Specialist, Fifth Coast Guard District, at 

(757) 398–6227.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking CGD05–04–168, 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

a return receipt, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

submittals received during the comment

60598 Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Proposed Rules 

period. We may change this proposed 

rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Commander 

(obr), Fifth Coast Guard District at the 

address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

Norfolk Southern Corporation (NSC), 

who owns and operates this swing-type 

bridge at mile 1.4 across the Christina 

River, in Wilmington, DE, requested a 

change to the current operating 

procedures set out in 33 CFR part 

117.237(a)(2) which requires the draw to 

open on signal, except that the draw of 

a railroad bridge need not be opened 

when a train is in the bridge block, 

approaching the bridge, or within 5 

minutes of the passage of a passenger 

train; but in no event shall the opening 

of the draw be delayed more than 10 

minutes. This proposed rule would 

allow the NS Railroad Bridge to remain 

open to vessel traffic, closing only for 

train crossings and periodic 

maintenance. This proposed rule would 

also allow the NS Railroad Bridge to be 

operated from a remote location at the 

Harrisburg, PA Dispatcher’s Office. 

NSC has installed closed circuit 

cameras in the area of the bridge and 

directly beneath the bridge, mounted on 

the center pier fender systems on both 

sides. Infrared sensors have also been 

installed to cover the swing radius of 

the bridge. This equipment enhances 

the controller’s ability to monitor vessel 

traffic from the remote location. The 

controller will also monitor marine 

channel 13. 

This change is being requested to 

make the operation of the NS Railroad 

Bridge more efficient. It will save 

operational costs by eliminating the 

continuous presence of bridge tenders, 

and is expected to decrease 

maintenance costs. In addition, the 

draw being left in the open position 

most of the time will provide for greater 

flow of vessel traffic than the current 

regulation. 

Discussion of Proposed Rule 

The Coast Guard proposes to amend 

the regulations governing the NS 

Railroad Bridge, at mile 1.4, in 

Wilmington, DE, which currently 

operates on signal. The Coast Guard 

proposes to insert this new specific 

regulation at 33 CFR 117.237(b). 

Paragraph (b) would contain the 

proposed rule for the NS Railroad 

Bridge, at mile 1.4, in Wilmington, DE. 

The rule would allow the draw of the 

bridge to be operated remotely by the 

off-site controller at the Harrisburg, PA 

Dispatcher’s Office.

The draw would remain in the open 

position for navigation and shall only be 

closed for the passage of trains or 

periodic maintenance authorized in 

accordance with subpart A of this part. 

Before the NS Railroad Bridge closes 

for any reason, the remote operator will 

monitor waterway traffic in the area 

with closed circuit cameras and infrared 

sensors mounted on the bridge. The 

bridge would only be closed if the offsite remote operator’s visual inspection 

shows that the channel is clear and 

there are no vessels transiting in the 

area. 

While the NS Railroad Bridge is 

moving from the full open to the full 

closed position, the controller will 

maintain constant surveillance of the 

navigation channel to ensure that no 

conflict with maritime traffic exists. In 

the event of failure or obstruction of 

monitoring equipment, the controller 

will stop and return the bridge to the 

full open position to vessels. In these 

situations, a bridge tender must be 

called and on-site within 30 minutes to 

operate the bridge. 

Before closing the draw, the channel 

traffic lights would change from flashing 

green to flashing red, the horn will 

sound five short blasts, and an audio 

voice warning stating, ‘‘Norfolk 

Southern’s Railroad Bridge over 

Christina River at milepost 1.4 will be 

closing to river traffic.’’ Five short blasts 

of the horn will continue until the 

bridge is seated and locked down to 

vessels, the channel traffic lights will 

continue to flash red. 

When the rail traffic has cleared, the 

horn will automatically sound one 

prolonged blast followed by one short 

blast to indicate that the draw of the 

Norfolk Southern Railroad Bridge is 

about to return to its full open position 

to vessels. During the open swing 

movement, the channel traffic lights 

would flash red until the bridge is in the 

full open position. In the full open 

position to vessels, the bridge channel 

lights will flash green followed by an 

announcement stating, ‘‘Security, 

security, security, the Norfolk Southern 

Railroad Bridge at mile 1.4 is open for 

river traffic.’’ Operational information 

will be provided 24 hours a day on 

marine channel 13 and via telephone 

(717) 541–2140. 

The Coast Guard proposes to amend 

33 CFR 117.237 by redesignating 

paragraphs (b) through (d) as paragraphs 

(c) through (e) and add a new paragraph 

(b). 

The proposal will also change the 

name of the bridges in redesignated 

paragraph (2)(d) from ‘‘Conrail Bridges’’

to ‘‘Norfolk Southern Railroad Bridges’’. 

The name changes will accurately 

reflect the names of these bridges. Text 

modifications to be consistent with 

other proposed changes will be made in 

these paragraphs, as appropriate.

Regulatory Evaluation 

This proposed 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 proposed rule to be so minimal that 

a full Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. We reached this 

conclusion based on the fact that the 

proposed changes have only a minimal 

impact on maritime traffic transiting the 

bridge. Although the NS Railroad Bridge 

will be untended and operated from a 

remote location, mariners can continue 

their transits because the bridge will 

remain open to mariners, only to be 

closed for train crossings or periodic 

maintenance. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This proposed rule would not have a 

significant economic impact on a 

substantial number of small entities for 

the following reason. The rule allows 

the NS Railroad Bridge to operate 

remotely and requires the bridge to 

remain in the open position to vessels 

the majority of the time, only closing for 

train crossings or periodic maintenance.

Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Proposed Rules 60599

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 (Public Law 104–

121), we want to assist small entities in 

understanding this proposed 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 Waverly W. 

Gregory, Jr., Bridge Administrator, Fifth 

Coast Guard District, (757) 398–6222. 

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. 

Collection of Information 

This proposed 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 proposed 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 proposed 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 proposed rule would 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 proposed 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 proposed 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 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

proposed rule is categorically excluded, 

under figure 2–1, paragraph (32)(e) of 

the Instruction, from further 

environmental documentation because 

it has been determined that the 

promulgation of operating regulations 

for drawbridges are categorically 

excluded.

List of Subjects in 33 CFR Part 117 

Bridges.

Regulations 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

2. In § 117.237 redesignate paragraphs 

(b) through (d) as paragraphs (c) through 

(e) and add a new paragraph (b), and 

revise newly redesignated paragraph (d) 

to read as follows:

§ 117.237 Christina River.

* * * * *

(b) The draw of the Norfolk Southern 

Railroad Bridge, mile 1.4 at Wilmington, 

shall operate as follows: 

(1) The draw shall remain in the open 

position for navigation. The draw shall 

only be closed for train crossings or 

periodic maintenance authorized in 

accordance with Subpart A of this part. 

(2) The bridge shall be operated by the 

controller at the Harrisburg, PA 

Dispatcher’s Office. The controller shall 

monitor vessel traffic with closed circuit 

cameras and infrared sensors covering 

the swing radius. Operational

60600 Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Proposed Rules 

information will be provided 24 hours 

a day on marine channel 13 and via 

telephone (717) 541–2140. 

(3) The bridge shall not be operated 

from the remote location in the 

following events: Failure or obstruction 

of the infrared sensors, closed-circuit 

cameras or marine-radio 

communications, or when controller 

visibility is less than 3⁄4 of a mile. In 

these situations, a bridge tender must be 

called to operate the bridge on-site. 

(4) Before the bridge closes for any 

reason, the remote operator will monitor 

waterway traffic in the area. The bridge 

shall only be closed if the off-site remote 

operator’s visual inspection shows that 

the channel is clear and there are no 

vessels transiting in the area. While the 

bridge is moving, the operator shall 

maintain constant surveillance of the 

navigation channel. 

(5) Before closing the draw, the 

channel traffic lights would change from 

flashing green to flashing red, the horn 

will sound five short blasts, and an 

audio voice warning stating, ‘‘Norfolk 

Southern’s Railroad Bridge over 

Christina River at milepost 1.4 will be 

closing to river traffic.’’ Five short blasts 

of the horn will continue until the 

bridge is seated and locked down to 

vessels, the channel traffic lights will 

continue to flash red. 

(6) When the rail traffic has cleared, 

the horn will automatically sound one 

prolonged blast followed by one short 

blast to indicate the draw is opening to 

vessel traffic. During the opening swing 

movement, the channel traffic lights 

would flash red until the bridge returns 

to the fully open position. In the full 

open position to vessels, the bridge 

channel lights will flash green followed 

by an announcement stating, ‘‘Security, 

security, security, the Norfolk Southern 

Railroad Bridge at mile 1.4 is open for 

river traffic.’’

(c) * * *

(d) The draws of the Norfolk Southern 

Railroad bridges, at miles 4.1 and 4.2, 

both at Wilmington, shall open on 

signal from 6 a.m. to 8 p.m. if at least 

24 hours notice is given. From 8 p.m. to 

6 a.m., the draws need not be opened for 

the passage of vessels.

* * * * *

Dated: September 28, 2004. 

Ben R. Thomason III, 

Captain, United States Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–22850 Filed 10–8–04; 8:45 am] 

BILLING CODE 4910–15–P

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: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

establish a security zone in Budd Inlet, 

Olympia, WA to protect Department of 

Defense assets and military cargo in 

Puget Sound, Washington. The 

proposed security zone, when enforced 

by the Captain of the Port Puget Sound, 

would provide for the regulation of 

vessel traffic in the vicinity of military 

cargo loading operations in the 

navigable waters of the United States.

DATES: Comments and related material 

must reach the Coast Guard on or before 

November 26, 2004.

ADDRESSES: You may mail comments 

and related material to Commanding 

Officer, Marine Safety Office Puget 

Sound, 1519 Alaskan Way South, 

Seattle, Washington 98134. Marine 

Safety Office Puget Sound maintains the 

public docket [CGD13–04–040] for this 

rulemaking. Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, will 

become part of this docket and will be 

available for inspection or copying at 

Marine Safety Office Puget Sound 

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, 1519 Alaskan Way South, 

Seattle, WA 98134, (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: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD13–04–040), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know that your submission reached 

us, please enclose a stamped, selfaddressed postcard or envelope. We will 

consider all comments and material 

received during the comment period. 

We may change this proposed rule in 

view of them.

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Marine 

Safety Office Puget Sound at the address 

under ADDRESSES explaining why one 

would be beneficial. If we determine 

that one would aid this rulemaking, we 

will hold one at a time and place 

announced by a separate notice in the 

Federal Register. 

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 

proposed rule, intends to assist the 

Department of Defense protect vital 

national security assets, in waters of 

Puget Sound. This proposed rule would 

add 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