[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Rules and Regulations]
[Pages 27638-27641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11262]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-1058]
RIN 1625-AA11
Regulated Navigation Area; U.S. Navy Submarines, Hood Canal, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) covering a portion of the Hood Canal in the State of Washington
that will be in effect whenever any U.S. Navy submarine is operating in
that area and is being escorted by the Coast Guard. The RNA is
necessary to help ensure the safety and security of the submarines,
their Coast Guard security escorts, and the maritime public in general.
The RNA will do so by requiring all persons and vessels located within
the RNA to follow all lawful orders and/or directions given to them
[[Page 27639]]
by Coast Guard security escort personnel.
DATES: This rule is effective May 18, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-1058 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-1058 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail LT Matthew N. Jones, Staff Attorney, Thirteenth Coast
Guard District; telephone 206-220-7155, e-mail
[email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On January 13, 2010, we published an interim rule entitled
``Regulated Navigation Area; U.S. Navy Submarines, Hood Canal, WA'' in
the Federal Register (75 FR 1706). We received one comment on the
proposed rule that was actually meant for a related interim rule
published on the same date at (75 FR 1709). That comment is addressed
in the final rule with docket number USCG-2009-1057. No one requested a
public meeting and none was held.
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 because waiting 30 days would be
contrary to the public interest since U.S. Navy submarine operations in
the Hood Canal are ongoing, making the RNA created by this rule
immediately necessary to help ensure the safety and security of the
submarines, their Coast Guard security escorts, and the maritime public
in general.
Background and Purpose
U.S. Navy submarines frequently operate in the Hood Canal. Due to
the numerous safety and security concerns involved with submarine
operations near shore in very restricted waters, the Coast Guard
provides security escorts of submarines when operating in that area.
Security escorts of this type require the Coast Guard personnel on-
scene to make quick judgments about the intent of vessels operating in
close proximity to the submarines and decide, occasionally with little
information about the vessels or persons on board, whether or not they
pose a threat to the submarine. The narrow confines of the Hood Canal
make this a particularly difficult task as it forces the submarines and
their Coast Guard security escorts to frequently come into close
quarters contact with the maritime public.
The RNA established by this rule will allow Coast Guard security
escort personnel to order and/or direct persons and vessels operating
within the RNA to stop, move, change orientation, etc. The ability to
do so will help avoid unnecessary and potentially dangerous close
quarters contact between Coast Guard security escorts and the maritime
public within the Hood Canal. In addition, it will give Coast Guard
security escorts an additional tool for determining the intent of
vessels that, for whatever reason, are operating too close to an
escorted submarine. Both of these effects will help ensure the safety
and security of the submarines, their Coast Guard security escorts, and
the maritime public in general.
Discussion of Comments and Changes
This rule establishes an RNA covering a portion of the Hood Canal
in the State of Washington that will be in effect whenever any U.S.
Navy submarine is operating in that area and is being escorted by the
Coast Guard. All persons and vessels located within the RNA are
required to follow all lawful orders and/or directions given to them by
Coast Guard security escort personnel.
No comments were received about this rule. One change to the rule
was made to clarify the area covered by the RNA. Specifically, the RNA
will cover all waters of Hood Canal, including Dabob Bay, located
between two lines with the first line connecting positions 47[deg]37.9'
N, 122[deg]57.1' W and 47[deg]37.9' N, 122[deg]52.9' W and the second
line connecting positions 48[deg]00.7' N, 122[deg]41.0' W and
47[deg]56.4' N, 122[deg]36.9' W.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This 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.
The Coast Guard has made this determination based on the fact that
(1) the RNA is only in effect for the short periods of time when
submarines are operating in Hood Canal and being escorted by the Coast
Guard and (2) vessels may freely operate within the RNA to the extent
permitted by other law or regulation unless given a lawful order and/or
direction by Coast Guard security escort personnel.
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 will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit the RNA when it is in effect. The RNA will not, however, make
significant economic impact on a substantial number of small entities
because (1) the RNA is only in effect for the short periods of time
when submarines are operating in Hood Canal and being escorted by the
Coast Guard and (2) vessels may freely operate within the RNA to the
extent permitted by other law or regulation unless given a lawful order
and/or direction by Coast Guard security escort personnel.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the interim rule we offered
to assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
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
[[Page 27640]]
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.
Collection of Information
This rule calls 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 (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.
Taking of Private Property
This rule will not cause 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 does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
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.
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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a regulated
navigation area. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping 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, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Revise Sec. 165.1328 to read as follows:
Sec. 165.1328 Regulated Navigation Area; U.S. Navy Submarines, Hood
Canal, WA
(a) Location. The following area is a regulated navigation area
(RNA): All waters of the Hood Canal in the State of Washington whenever
any U.S. Navy submarine is operating in the Hood Canal and is being
escorted by the Coast Guard. For purposes of this section, ``Hood
Canal'' means all waters of Hood Canal, including Dabob Bay, located
between two lines with the first line connecting positions 47[deg]37.9'
N, 122[deg]57.1' W and 47[deg]37.9' N, 122[deg]52.9' W and the second
line connecting positions 48[deg]00.7' N, 122[deg]41.0' W and
47[deg]56.4' N, 122[deg]36.9' W
(b) Regulations. All persons and vessels located within the RNA
created by paragraph (a) of this section shall follow all lawful orders
and/or directions given to them by Coast Guard security escort
personnel. 33 CFR Section 165, Subpart B, contains additional
provisions applicable to the RNA created in paragraph (a) of this
section.
(c) Notification. The Coast Guard security escort will attempt,
when necessary and practicable, to notify any persons or vessels in the
RNA created in paragraph (a) of this section of its existence via VHF
Channel 16 and/or any other means reasonably available.
[[Page 27641]]
Dated: April 25, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard
District.
[FR Doc. 2010-11262 Filed 5-17-10; 8:45 am]
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