
[Federal Register: May 18, 2010 (Volume 75, Number 95)]
[Rules and Regulations]               
[Page 27638-27641]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my10-4]                         

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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

