[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Rules and Regulations]
[Pages 28202-28204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12064]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-1057]
RIN 1625-AA87
Security Zone; Escorted U.S. Navy Submarines in Sector Seattle
Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a moving security zone around
any U.S. Navy submarine that is operating in the Sector Seattle Captain
of the Port Zone, which includes the Puget Sound and coastal waters of
the State of Washington, and is being escorted by the Coast Guard. The
security zone is necessary to help ensure the security of the
submarines, their Coast Guard security escorts, and the maritime public
in general. The security zone will do so by prohibiting all persons and
vessels from coming within 1000 yards of an escorted submarine unless
authorized by the Coast Guard patrol commander.
DATES: This rule is effective May 20, 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-2009-1057 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-1057 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
``Security Zone; Escorted U.S. Navy Submarines in Sector Seattle
Captain of the Port Zone'' in the Federal Register (75 FR 1709). We
received one comment on the proposed rule that was actually posted to
the docket of a related rule. 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 Sector Seattle Captain of the Port Zone are ongoing, making the
security zone created by this rule immediately necessary to help ensure
the 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 Sector Seattle
Captain of the Port Zone as defined in 33 CFR 3.65-10, which includes
the Puget Sound and coastal waters of the State of Washington. Due to
the numerous security concerns involved with submarine operations near
shore, the Coast Guard frequently 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
[[Page 28203]]
or persons on board, whether or not they pose a threat to the
submarine.
The security zone established by this rule will keep persons and
vessels a sufficient distance away from submarines operating in the
Sector Seattle Captain of the Port Zone so as to (1) avoid unnecessary
and potentially dangerous contact with or distraction of Coast Guard
security escorts and (2) give Coast Guard security escorts additional
time and space to determine the intent of vessels that, for whatever
reason, are operating too close to a submarine. Both of these effects
will help ensure the security of the submarines, their Coast Guard
security escorts, and the maritime public in general.
Discussion of Comments and Changes
This rule establishes a moving security zone encompassing all
waters within 1000 yards of any U.S. Navy submarine that is operating
in the Sector Seattle Captain of the Port Zone as defined in 33 CFR
3.65-10, which includes the Puget Sound and coastal waters of the State
of Washington, and is being escorted by the Coast Guard. All persons
and vessels are prohibited from entering the security zone unless
authorized by the Coast Guard patrol commander. While naval vessel
protection zones, under 33 CFR 165.2030, around these escorted U.S.
Navy submarines are still in effect, persons would need to seek
permission from the Coast Guard patrol commander to enter within 1000
yards of these escorted submarines while they are in the Sector Seattle
Captain of the Port Zone.
One comment was received about this rule. The commenter expressed
concerns about the potential for commercial traffic to have to deviate
from established traffic lanes and/or instructions provided by Vessel
Traffic Service (VTS) Puget Sound to avoid entering the security zone.
A change to the rule was made based on this comment. Specifically,
language was added to clarify that the Coast Guard patrol commander
will coordinate with Vessel Traffic System users on a case-by-case
basis to make appropriate passing arrangements under the circumstances.
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 security zone is only in effect for the short periods of time
when submarines are operating in the Sector Seattle Captain of the Port
Zone and are being escorted by the Coast Guard, (2) the security zone
moves with the submarines, (3) vessels will be able to transit around
the security zone at most locations in the Puget Sound and other
coastal waters of Washington, and (4) vessels may, if necessary, be
authorized to enter the security zone with the permission of the Coast
Guard patrol commander.
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 an area covered by the security zone. The security zone will
not, however, have a significant economic impact on a substantial
number of small entities because (1) the security zone is only in
effect for the short periods of time when submarines are operating in
the Sector Seattle Captain of the Port Zone and are being escorted by
the Coast Guard, (2) the security zone moves with the submarines, (3)
vessels will be able to transit around the security zone at most
locations in the Puget Sound and other coastal waters of Washington,
and (4) vessels may, if necessary, be authorized to enter the security
zone with the permission of the Coast Guard patrol commander.
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 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.
[[Page 28204]]
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 security
zone. 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. 165.1327 to read as follows:
Sec. 165.1327 Security Zone; Escorted U.S. Navy Submarines in Sector
Seattle Captain of the Port Zone.
(a) Location. The following area is a security zone: All waters
within 1000 yards of any U.S. Navy submarine that is operating in the
Sector Seattle Captain of the Port Zone, as defined in 33 CFR Section
3.65-10, and is being escorted by the Coast Guard.
(b) Regulations. In accordance with the general regulations in 33
CFR Section 165, Subpart D, no person or vessel may enter or remain in
the security zone created by paragraph (a) of this section unless
authorized by the Coast Guard patrol commander. The Coast Guard patrol
commander will coordinate with Vessel Traffic System users on a case-
by-case basis to make appropriate passing arrangements under the
circumstances. 33 CFR Section 165, Subpart D, contains additional
provisions applicable to the security zone 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 inside
or in the vicinity of the security zone created in paragraph (a) of
this section of its existence via VHF Channel 16 and/or any other means
reasonably available.
Dated: April 25, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2010-12064 Filed 5-19-10; 8:45 am]
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