Regulated Navigation Area; U.S. Navy Submarines, Hood Canal, WA, 27638-27641 [2010-11262]
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Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations
SUMMARY: This action amends Class E
airspace for the Marion, IL area, adding
additional controlled airspace to
accommodate Area Navigation (RNAV)
Standard Instrument Approach
Procedures (SIAPs) at Southern Illinois
Airport, Carbondale/Murphysboro, IL.
The FAA is taking this action to
enhance the safety and management of
Instrument Flight Rule (IFR) operations
at the airport.
DATES: Effective date 0901 UTC, July 29,
2010. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT:
Scott Enander, Central Service Center,
Operations Support Group, Federal
Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort
Worth, TX 76137; telephone (817) 321–
7716.
SUPPLEMENTARY INFORMATION:
History
On February 10, 2010, the FAA
published in the Federal Register a
notice of proposed rulemaking to amend
Class E airspace for Marion, IL,
reconfiguring controlled airspace at
Southern Illinois Airport (75 FR 6593)
Docket No. FAA–2009–1154. Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
FAA. No comments were received. Class
E airspace designations are published in
paragraph 6005 of FAA Order 7400.9T
signed August 27, 2009, and effective
September 15, 2009, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
hsrobinson on DSK69SOYB1PROD with RULES
Designations and Reporting Points,
signed August 27, 2009, and effective
September 15, 2009, is amended as
follows:
*
*
*
*
*
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface.
*
*
*
*
*
AGL IL E5 Marion, IL [Amended]
Carbondale/Murphysboro, Southern Illinois
Airport, IL
(Lat. 37°46′41″ N., long. 89°15′07″ W.)
Marion, Williamson County Regional
Airport, IL
(Lat. 37°45′18″ N., long. 89°00′40″ W.)
That airspace extending upward from 700
feet above the surface bounded by a line
beginning at lat. 37°53′40″ N., long. 88°48′35″
W.; to lat. 37°56′25″ N., long. 89°02′40″ W.;
to lat. 37°58′45″ N., long. 89°20′25″ W.; to lat.
37°47′25″ N., long. 89°26′00″ W.; to lat.
37°42′10″ N., long. 89°24′00″ W.; to lat.
37°40′46″ N., long. 89°20′17″ W.; to lat.
37°34′56″ N., long. 89°20′25″ W.; to lat.
37°34′48″ N., long. 89°10′21″ W.; to lat.
37°37′05″ N., long. 89°10′18″ W.; to lat.
37°32′50″ N., long. 88°59′00″ W.; to lat.
37°42′35″ N., long. 88°52′15″ W.; to the point
of beginning.
Issued in Fort Worth, Texas on May 5,
2010.
Anthony D. Roetzel,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. 2010–11735 Filed 5–17–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
amending Class E airspace for the
Marion, IL area, adding additional
controlled airspace extending upward
from 700 feet above the surface to
accommodate SIAPs at Southern Illinois
Airport, Carbondale/Murphysboro, IL.
The addition of the RNAV (GPS) RWY
36R SIAP at Southern Illinois Airport
has created the need to extend existing
Class E airspace to the south.
Adjustment to the geographic
coordinates for Williamson County
Regional Airport, Marion, IL, also will
be made in accordance with the FAAs
National Aeronautical Charting Office.
This action is necessary for the safety
and management of IFR operations
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List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
[Docket No. USCG–2009–1058]
Adoption of the Amendment
The Rule
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within the National Airspace System.
With the exception of editorial changes,
and the changed described above, this
rule is the same as that proposed in the
NPRM.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in subtitle VII, part A, subpart
I, section 40103. Under that section, the
FAA is charged with prescribing
regulations to assign the use of airspace
necessary to ensure the safety of aircraft
and the efficient use of airspace. This
regulation is within the scope of that
authority as it amends controlled
airspace in the Marion, IL area.
Regulated Navigation Area; U.S. Navy
Submarines, Hood Canal, WA
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
■
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9T, Airspace
■
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RIN 1625–AA11
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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
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Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations
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.
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.
hsrobinson on DSK69SOYB1PROD with RULES
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 https://
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, 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:
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°37.9′ N, 122°57.1′ W and 47°37.9′ N,
122°52.9′ W and the second line
connecting positions 48°00.7′ N,
122°41.0′ W and 47°56.4′ N, 122°36.9′
W.
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.
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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
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27639
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
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Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations
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.
hsrobinson on DSK69SOYB1PROD with RULES
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.
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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
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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.
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
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.
2. Revise § 165.1328 to read as
follows:
■
§ 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°37.9′ N,
122°57.1′ W and 47°37.9′ N, 122°52.9′ W
and the second line connecting
positions 48°00.7′ N, 122°41.0′ W and
47°56.4′ N, 122°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.
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Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations
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]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0333]
RIN 1625–AA00
Safety Zone; Marathon Oil Refinery
Construction, Rouge River, Detroit, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
hsrobinson on DSK69SOYB1PROD with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the Rouge River, Detroit, Michigan. This
zone is intended to restrict vessels from
a portion of the Rouge River during the
Marathon Oil Refinery Construction
project. This temporary safety zone is
necessary to protect mariners and
construction personnel from the hazards
associated with moving large pieces of
equipment in a high traffic maritime
environment.
DATES: Effective Date: This rule is
effective in the CFR from May 18, 2010
until 7 p.m. on November 30, 2010. This
rule is effective with actual notice for
purposes of enforcement beginning 7
a.m. on May 1, 2010.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2010–
0333 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0333 in the ‘‘Keyword’’
box, 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 temporary
rule, call or e-mail CDR Joseph
Snowden, Prevention Department,
Sector Detroit, Coast Guard; telephone
(313) 568–9508, e-mail
Joseph.H.Snowden@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
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Regulatory Information
The Coast Guard is issuing this
temporary final 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
delaying this rule would be contrary to
the public interest of ensuring the safety
of vessels during the construction, and
immediate action is necessary to
prevent possible loss of life and
property. The Coast Guard has not
received any complaints or negative
comments previously with regard to
events of this type and duration.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest of
ensuring the safety of vessels during the
construction, and immediate action is
necessary to prevent possible loss of life
and property.
Basis and Purpose
This temporary safety zone is
necessary to ensure the safety of vessels
from hazards associated with
construction projects. Based on
accidents that have occurred in other
Captain of the Port zones and the
dangerous nature of large construction
projects, the Captain of the Port Detroit
has determined construction projects in
close proximity to watercraft pose
significant risk to public safety and
property. The likely combination of
large vessels, congested waterways, and
movement of large pieces of equipment
could easily result in serious injuries or
fatalities. Establishing a safety zone to
control vessel movement around the
location of the construction project will
help ensure the safety of persons and
property at these events and help
minimize the associated risks.
Discussion of Rule
A temporary safety zone is necessary
to ensure the safety of mariners and
construction personnel during the setup
and offloading of equipment in
conjunction with the Marathon Oil
Refinery Construction project. The
offloading of equipment will occur
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27641
between 7 a.m. on May 1, 2010, and 7
p.m. on November 30, 2010.
Specifically, offloading operations will
occur between 7 a.m. and 7 p.m. daily
on multiple dates, to be determined,
during the effective period of this
regulation. The public will be notified
of the specific enforcement dates as
soon as practicable through the
publication of a Notice of Enforcement
and by Broadcast Notice to Mariners.
The temporary safety zone will
encompass all waters of the Rouge
River, Detroit, MI, from the Dix Ave.
bridge to the north end of Fordson
Island, bound by a line starting from a
point on land on the south shore of the
Rouge River at position 42°17.8′ N;
083°9.1′ W, continuing southeast to a
point on land at position 42°17.7′ N;
083°9.0′ W, across to the north side of
the river to a point on land at position
42°17.8′ N; 083°8.9′ W, along the shore
northwest to a point on land at position
42°17.8′ N; 083°9.0′ W, continuing back
southwest to the point of origin. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated on
scene patrol personnel. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Detroit or his designated on scene
representative. The Captain of the Port
or his designated on scene
representative may be contacted via
VHF Channel 16.
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.
Although this regulation will restrict
access to the area, the effect of the rule
will not be significant because: The
minimal time that vessels will be
restricted from the zone and the zone is
an area where the Coast Guard expects
insignificant adverse impact to mariners
from the zone’s activation.
E:\FR\FM\18MYR1.SGM
18MYR1
]]>Agencies
[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Rules and Regulations]
[Pages 27638-27641]
From the Federal Register Online via the Government Printing 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
https://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
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:
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]
BILLING CODE 9110-04-P
