
[Federal Register: June 15, 2010 (Volume 75, Number 114)]
[Rules and Regulations]               
[Page 33701-33704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn10-14]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0409]
RIN 1625-AA87

 
Security Zone; Escorted U.S. Navy Submarines in Sector Honolulu 
Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with requests for comments.

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SUMMARY: The Coast Guard is establishing a moving security zone around 
all U.S. Navy submarines that are operating in the Sector Honolulu 
Captain of the Port Zone, which includes Mamala Bay and coastal waters 
of the State of Hawaii, and are being escorted by the U.S. Coast Guard. 
This security zone is necessary to help ensure the security of the 
submarines, their Coast Guard security escorts, and the general 
maritime public. This security zone prohibits all persons and vessels 
from coming within 1,000 yards of an escorted submarine unless 
authorized by the Coast Guard patrol commander.

DATES: This interim rule is effective from June 15, 2010. The security 
zone has been enforced with actual notice since June 12, 2010. Comments 
and related material must reach the Coast Guard on or before July 15, 
2010. Requests for public meetings must be received by the Coast Guard 
on or before July 15, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0409 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these methods. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call Mr. Terry Rice, Enforcement Division, U.S. Coast Guard 
District Fourteen, telephone 808-535-3264. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking USCG-2010-0409, indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail or hand delivery, but please use only one of 
these means. If you submit a comment online via http://
www.regulations.gov, it will be considered received by the Coast Guard 
when you successfully transmit the comment. If you fax, hand deliver, 
or mail your comment, it will be considered as having been received by 
the Coast Guard when it is received at the Docket Management Facility. 
We recommend that you include your name and a mailing address, an e-
mail address, or a telephone number in the body of your document so 
that we can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will

[[Page 33702]]

then become highlighted in blue. In the ``Document Type'' drop down 
menu select ``Proposed Rule'' and insert ``USCG-2010-0409'' in the 
``Keyword'' box. Click ``Search'' then click on the balloon shape in 
the ``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the Facility, 
please enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and we may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0409'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act, system of 
records notice regarding our public dockets in the January 17, 2008 
issue of the Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before July 15, 2010 to the Docket Management 
Facility using one of the four methods specified under ADDRESSES 
explaining why one would be beneficial. If we determine that one would 
aid this rulemaking, we will hold one at a time and place announced by 
a later notice in the Federal Register.

Regulatory Information

    The Coast Guard is issuing this interim rule without prior notice 
and opportunity to comment pursuant to 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.(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 publishing an NPRM would be contrary to 
the public interest since U.S. Navy submarine operations in the Sector 
Honolulu Captain of the Port Zone are ongoing, making the security zone 
created by this rule immediately necessary to help ensure the security 
of the submarines, their Coast Guard security escorts, and the maritime 
public in general.
    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 for the same reasons discussed above.

Background and Purpose

    U.S. Navy submarines frequently operate in the Sector Honolulu 
Captain of the Port Zone as defined in 33 CFR 3.70-10, which includes 
Mamala Bay and coastal waters of the State of Hawaii. Due to the 
numerous security concerns involved with submarine operations near 
shore, the Coast Guard frequently provides security escorts of 
submarines when operating in those areas. 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 
vessel or persons on board, whether they pose a threat to the 
submarine.
    The security zone established by this rule is necessary to keep 
persons and vessels a sufficient distance away from submarines 
operating in and around Mamala Bay and coastal waters of Hawaii so as 
to (1) avoid unnecessary and potentially dangerous contact with or 
distraction of Coast Guard security escorts and (2) give Coast Guard 
security escorts additional time and space to determine the intent of 
vessels that, for whatever reason, are operating too close to a 
submarine. Both of these effects will help ensure the security of the 
submarines, their Coast Guard security escorts, and the maritime public 
in general.

Discussion of Rule

    This rule establishes a moving security zone encompassing all 
waters within 1,000 yards of any U.S. Navy submarine that is operating 
in the Sector Honolulu Captain of the Port Zone as defined in 33 CFR 
3.70-10, which includes Mamala Bay and coastal waters of the State of 
Hawaii, and is being escorted by the Coast Guard. All persons and 
vessels are prohibited from entering the security zone unless 
authorized by the Coast Guard patrol commander. While naval vessel 
protection zones, under 33 CFR 165.2030, around these escorted U.S. 
Navy submarines are still in effect, persons would need to seek 
permission from the Coast Guard patrol commander to enter within 1,000 
yards of these escorted submarines while they are in the Sector 
Honolulu Captain of the Port Zone.

Regulatory Analyses

    We developed this interim rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    The Coast Guard has made this determination based on the fact that 
(1) the security zone is only in effect for the short periods of time 
when submarines are operating in and around Mamala Bay and other 
coastal waters of Hawaii and being escorted by the Coast Guard, (2) the 
security zone moves with the submarines, (3) vessels will be able to 
transit around the security zone at most locations in Mamala Bay and 
other coastal waters of Hawaii, and (4) vessels may, if necessary, be 
authorized to enter the security zone with the permission of the Coast 
Guard patrol commander.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and

[[Page 33703]]

governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to transit an area covered by the security zone. The security 
zone will not, however, have a significant economic impact on a 
substantial number of small entities because (1) the security zone is 
only in effect for the short periods of time when submarines are 
operating in and around Mamala Bay and other coastal waters of Hawaii 
and being escorted by the Coast Guard, (2) the security zone moves with 
the submarines, (3) vessels will be able to transit around the security 
zone at most locations in Mamala Bay and other coastal waters of 
Hawaii, and (4) vessels may, if necessary, be authorized to enter the 
security zone with the permission of the Coast Guard patrol commander.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding this interim rule so that they can better 
evaluate its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule would call 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 interim 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 interim rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This interim rule will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This interim 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 interim rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This interim rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    This interim rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. We 
invite your comments on how this interim rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this interim 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 interim rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this interim 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 that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction. This interim rule involves the 
establishment of a security zone. An environmental analysis checklist 
and a categorical

[[Page 33704]]

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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.
0
2. Add Sec.  165.1412 to read as follows:


Sec.  165.1412  Security Zone; Escorted U.S. Navy Submarines in Sector 
Honolulu Captain of the Port Zone.

    (a) Location. The following area is a security zone: all waters, 
from the surface to the ocean floor, within 1,000 yards of any U.S. 
Navy submarine that is (1) operating in the Sector Honolulu Captain of 
the Port Zone, as defined in 33 CFR 3.70-10, and that (2) is being 
escorted by the U.S. Coast Guard.
    (b) Regulations. In accordance with the general regulations in 33 
CFR 165, Subpart D, no person or vessel may enter or remain in the 
security zone created by paragraph (a) of this section unless 
authorized by the Coast Guard patrol commander. The Coast Guard patrol 
commander may be contacted via VHF Channel 16 or other means reasonably 
available. 33 CFR part 165.30 and 165.33 contain additional provisions 
applicable to the security zone created in paragraph (a) of this 
section.
    (c) Effective period. This rule is effective from 6:00 a.m. on June 
12, 2010 Hawaiian Standard Time (HST).
    (d) Notification. The Coast Guard security escort will attempt, 
when necessary and practicable, to notify any persons or vessels inside 
or in the vicinity of the security one created in paragraph (a) of this 
section of the zone's existence via VHF Channel 16 or other means 
reasonably available.
    (e) Penalties. Vessels or persons violating this rule are subject 
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: June 3, 2010.
S.E. Mehling,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard 
District.
[FR Doc. 2010-14298 Filed 6-14-10; 8:45 am]
BILLING CODE 9110-04-P

