Regulated Navigation Area; U.S. Navy Submarines, Hood Canal, WA, 1706-1709 [2010-433]
Download as PDF
<![CDATA[
1706
Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations
one-hour notice is given to the
Maryland Transportation Authority in
Baltimore, as required by 33 CFR
117.557.
Under this temporary deviation, the
drawbridge will be maintained in the
closed position to vessels to facilitate
repairs to trunnion bearings on two
separate closure periods. The first
period will begin at 8 a.m. on January
9, 2010, until and including 8 p.m. on
February 6, 2010; and the second period
will start again at 8 a.m. on March 1,
2010, until and including 8 p.m. on
March 28, 2010. Vessels may pass
underneath the bridge while the bridge
is in the closed position. There are no
alternate routes for vessels transiting
this section of Curtis Creek and the
bridge will not be able to open in the
event of an emergency.
Coast Guard vessels bound for the
Coast Guard Yard at Curtis Bay, as well
as a significant amount of commercial
vessel traffic, must pass beneath the
I695 Bridge. The Coast Guard has
carefully coordinated the restrictions
with the Yard and the commercial users
of the waterway. Additionally, the Coast
Guard will inform unexpected users of
the waterway through our Local and
Broadcast Notices to Mariners of the
closure periods for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: December 24, 2009.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth
Coast Guard District.
[FR Doc. 2010–437 Filed 1–12–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket Number USCG–2009–1097]
Drawbridge Operation Regulations;
Upper Mississippi River, Dubuque, IA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
erowe on DSK5CLS3C1PROD with RULES
AGENCY:
ACTION:
SUMMARY: The Commander, Eighth
Coast Guard District has issued a
temporary deviation from the regulation
governing the operations of the
VerDate Nov<24>2008
14:41 Jan 12, 2010
Jkt 220001
Dubuque Railroad Drawbridge, across
the Upper Mississippi River, Mile 579.9,
Dubuque, Iowa. The deviation is
necessary to allow time for performing
needed maintenance and repairs to the
bridge. This deviation allows the bridge
to open on signal if at least 24 hours
advance notice is given from 12:01 a.m.
January 15, 2010 until 9 a.m., March 15,
2010.
DATES: This deviation is effective from
12:01 a.m. January 15, 2010 until 9 a.m.,
March 15, 2010.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2009–
1097 and are available online by going
to https://www.regulations.gov, inserting
USCG–2009–1097 in the ‘‘Keyword’’ and
then clicking ‘‘Search’’. They are 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 Roger K. Wiebusch, Bridge
Administrator, Coast Guard; telephone
(314) 269–2378, e-mail
Roger.K.Wiebusch@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The
Canadian National Railway Company
requested a temporary deviation for the
Dubuque Railroad Drawbridge, across
the Upper Mississippi, mile 579.9, at
Dubuque, Iowa to open on signal if at
least 24 hours advance notice is given
in order to facilitate needed bridge
maintenance and repairs. The Dubuque
Railroad Drawbridge currently operates
in accordance with 33 CFR 117.5, which
states the general requirement that
drawbridges shall open promptly and
fully for the passage of vessels when a
request to open is given in accordance
with the subpart. In order to facilitate
the needed bridge work, the drawbridge
must be kept in the closed-to-navigation
position. This deviation allows the
bridge to open on signal if at least 24
hours advance notice is given from
12:01 a.m. January 15, 2010 until 9 a.m.,
March 15, 2010.
There are no alternate routes for
vessels transiting this section of the
Upper Mississippi River.
The Dubuque Railroad Drawbridge, in
the closed-to-navigation position,
provides a vertical clearance of 19.9 feet
above normal pool. Navigation on the
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
waterway consists primarily of
commercial tows and recreational
watercraft. These interests will not be
significantly impacted due to the
reduced navigation in winter months.
This temporary deviation has been
coordinated with waterway users. No
objections were received.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: 22 December 2009.
Roger K. Wiebusch,
Bridge Administrator.
[FR Doc. 2010–436 Filed 1–12–10; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Interim rule with request for
comments.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a regulated navigation area
(RNA) covering the Hood Canal in
Washington that will be in effect
whenever any U.S. Navy submarine is
operating in the Hood Canal and 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 by Coast Guard
security escort personnel.
DATES: This rule is effective January 13,
2010. Comments and related material
must reach the Coast Guard on or before
April 13, 2010. Requests for public
meetings must be received by the Coast
Guard on or before February 12, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–1058 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
E:\FR\FM\13JAR1.SGM
13JAR1
Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this interim rule,
call or e-mail LT Matthew N. Jones, Staff
Attorney, Thirteenth Coast Guard
District; telephone 206–220–7155, email Matthew.N.Jones@uscg.mil. 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:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
erowe on DSK5CLS3C1PROD with RULES
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–1058),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
VerDate Nov<24>2008
14:41 Jan 12, 2010
Jkt 220001
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2009–1058’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit comments by mail or hand
delivery, submit them in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying and electronic
filing. If you submit comments by mail
and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
this rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2009–
1058’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before February 12, 2010
using one of the four methods specified
under ADDRESSES. Please explain why
you believe a public meeting 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.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
1707
Regulatory Information
The Coast Guard is issuing this
interim rule 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 the
narrow confines of the Hood Canal
make it particularly difficult for the
Coast Guard to escort U.S. Navy
submarines through the canal without
risk to the submarines, their Coast
Guard escorts, or the general maritime
public, immediate action is required to
protect safety within the canal, and any
delay would be contrary to the public
interest.
For the same reason, 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.
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,
E:\FR\FM\13JAR1.SGM
13JAR1
1708
Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations
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 Rule
This rule establishes an RNA covering
the Hood Canal in Washington that will
be in effect whenever any U.S. Navy
submarine is operating in the Hood
Canal and 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.
Regulatory Analyses
We developed this interim 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.
erowe on DSK5CLS3C1PROD with RULES
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
VerDate Nov<24>2008
14:41 Jan 12, 2010
Jkt 220001
vessels intending to transit the RNA
when it is in effect. The RNA will not,
however, have a 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.
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.
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 rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Assistance for Small Entities
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
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.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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
E:\FR\FM\13JAR1.SGM
13JAR1
Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
§ 165.1328 Regulated Navigation Area;
U.S. Navy Submarines, Hood Canal,
Washington.
(a) Location. The following area is a
regulated navigation area (RNA): All
waters of the Hood Canal in Washington
whenever any U.S. Navy submarine is
operating in the Hood Canal and being
escorted by the Coast Guard.
(b) Regulations. All persons and
vessels located within the RNA created
by paragraph (a) 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).
(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 its existence via VHF
Channel 16 and/or any other means
reasonably available.
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 which 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
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
erowe on DSK5CLS3C1PROD with RULES
■
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.
2. Add § 165.1328 to read as follows:
VerDate Nov<24>2008
14:41 Jan 12, 2010
Jkt 220001
[FR Doc. 2010–433 Filed 1–12–10; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Interim rule with request for
comments.
AGENCY:
ACTION:
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:
■
Dated: December 16, 2009.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
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 1,000 yards of an escorted
submarine unless authorized by the
Coast Guard patrol commander.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
1709
DATES: This rule is effective January 13,
2010. Comments and related material
must reach the Coast Guard on or before
April 13, 2010. Requests for public
meetings must be received by the Coast
Guard on or before February 12, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–1057 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: 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–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this interim rule,
call or e-mail LT Matthew N. Jones, Staff
Attorney, Thirteenth Coast Guard
District; telephone 206–220–7155, email Matthew.N.Jones@uscg.mil. 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:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–1057),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
E:\FR\FM\13JAR1.SGM
13JAR1
]]>Agencies
[Federal Register Volume 75, Number 8 (Wednesday, January 13, 2010)]
[Rules and Regulations]
[Pages 1706-1709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-433]
-----------------------------------------------------------------------
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: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a regulated navigation area
(RNA) covering the Hood Canal in Washington that will be in effect
whenever any U.S. Navy submarine is operating in the Hood Canal and
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 by Coast Guard security
escort personnel.
DATES: This rule is effective January 13, 2010. Comments and related
material must reach the Coast Guard on or before April 13, 2010.
Requests for public meetings must be received by the Coast Guard on or
before February 12, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-1058 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
[[Page 1707]]
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or e-mail LT Matthew N. Jones, Staff Attorney, Thirteenth
Coast Guard District; telephone 206-220-7155, e-mail
Matthew.N.Jones@uscg.mil. 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:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-1058), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2009-1058'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-1058'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before February 12, 2010 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting 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.
Regulatory Information
The Coast Guard is issuing this interim rule 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 the narrow confines of the Hood
Canal make it particularly difficult for the Coast Guard to escort U.S.
Navy submarines through the canal without risk to the submarines, their
Coast Guard escorts, or the general maritime public, immediate action
is required to protect safety within the canal, and any delay would be
contrary to the public interest.
For the same reason, 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.
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,
[[Page 1708]]
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 Rule
This rule establishes an RNA covering the Hood Canal in Washington
that will be in effect whenever any U.S. Navy submarine is operating in
the Hood Canal and 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.
Regulatory Analyses
We developed this interim 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, have a
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.
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 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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 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 effect 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
[[Page 1709]]
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 which 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. Add Sec. 165.1328 to read as follows:
Sec. 165.1328 Regulated Navigation Area; U.S. Navy Submarines, Hood
Canal, Washington.
(a) Location. The following area is a regulated navigation area
(RNA): All waters of the Hood Canal in Washington whenever any U.S.
Navy submarine is operating in the Hood Canal and being escorted by the
Coast Guard.
(b) Regulations. All persons and vessels located within the RNA
created by paragraph (a) 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).
(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 its existence via VHF Channel 16 and/or
any other means reasonably available.
Dated: December 16, 2009.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2010-433 Filed 1-12-10; 8:45 am]
BILLING CODE 9110-04-P
