Regulated Navigation Area; U.S. Navy Submarines, Hood Canal, WA, 27638-27641 [2010-11262]

Download as PDF 27638 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 15:52 May 17, 2010 Jkt 220001 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 VerDate Mar<15>2010 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 ■ PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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 E:\FR\FM\18MYR1.SGM 18MYR1 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 http:// www.regulations.gov, inserting USCG– 2009–1058 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection or copying at the Docket Management Facility (M– 30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail LT Matthew N. Jones, Staff Attorney, Thirteenth Coast Guard District; telephone 206–220–7155, 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. VerDate Mar<15>2010 15:52 May 17, 2010 Jkt 220001 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 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 E:\FR\FM\18MYR1.SGM 18MYR1 27640 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. VerDate Mar<15>2010 15:52 May 17, 2010 Jkt 220001 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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. E:\FR\FM\18MYR1.SGM 18MYR1 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 http://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: VerDate Mar<15>2010 15:52 May 17, 2010 Jkt 220001 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 
http://www.regulations.gov, inserting USCG-2009-1058 in the ``Keyword'' 
box, and then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail LT Matthew N. Jones, Staff Attorney, Thirteenth Coast 
Guard District; telephone 206-220-7155, e-mail 
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