[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Rules and Regulations]
[Pages 28202-28204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12064]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-1057]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a moving security zone around 
any U.S. Navy submarine that is operating in the Sector Seattle Captain 
of the Port Zone, which includes the Puget Sound and coastal waters of 
the State of Washington, and is being escorted by the Coast Guard. The 
security zone is necessary to help ensure the security of the 
submarines, their Coast Guard security escorts, and the maritime public 
in general. The security zone will do so by prohibiting all persons and 
vessels from coming within 1000 yards of an escorted submarine unless 
authorized by the Coast Guard patrol commander.

DATES: This rule is effective May 20, 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-2009-1057 and are available online by going to 
http://www.regulations.gov, inserting USCG-2009-1057 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 
[email protected]. 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 
``Security Zone; Escorted U.S. Navy Submarines in Sector Seattle 
Captain of the Port Zone'' in the Federal Register (75 FR 1709). We 
received one comment on the proposed rule that was actually posted to 
the docket of a related rule. 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 Sector Seattle 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.

Background and Purpose

    U.S. Navy submarines frequently operate in the Sector Seattle 
Captain of the Port Zone as defined in 33 CFR 3.65-10, which includes 
the Puget Sound and coastal waters of the State of Washington. Due to 
the numerous security concerns involved with submarine operations near 
shore, the Coast Guard frequently 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

[[Page 28203]]

or persons on board, whether or not they pose a threat to the 
submarine.
    The security zone established by this rule will keep persons and 
vessels a sufficient distance away from submarines operating in the 
Sector Seattle Captain of the Port Zone 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 Comments and Changes

    This rule establishes a moving security zone encompassing all 
waters within 1000 yards of any U.S. Navy submarine that is operating 
in the Sector Seattle Captain of the Port Zone as defined in 33 CFR 
3.65-10, which includes the Puget Sound and coastal waters of the State 
of Washington, 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 1000 
yards of these escorted submarines while they are in the Sector Seattle 
Captain of the Port Zone.
    One comment was received about this rule. The commenter expressed 
concerns about the potential for commercial traffic to have to deviate 
from established traffic lanes and/or instructions provided by Vessel 
Traffic Service (VTS) Puget Sound to avoid entering the security zone. 
A change to the rule was made based on this comment. Specifically, 
language was added to clarify that the Coast Guard patrol commander 
will coordinate with Vessel Traffic System users on a case-by-case 
basis to make appropriate passing arrangements under the circumstances.

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 security zone is only in effect for the short periods of time 
when submarines are operating in the Sector Seattle Captain of the Port 
Zone and are 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 the Puget Sound and other 
coastal waters of Washington, 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 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 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 
the Sector Seattle Captain of the Port Zone and are 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 the Puget Sound and other coastal waters of Washington, 
and (4) vessels may, if necessary, be authorized to enter the security 
zone with the permission of the Coast Guard patrol commander.

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 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.

[[Page 28204]]

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 security 
zone. 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.  165.1327 to read as follows:


Sec.  165.1327  Security Zone; Escorted U.S. Navy Submarines in Sector 
Seattle Captain of the Port Zone.

    (a) Location. The following area is a security zone: All waters 
within 1000 yards of any U.S. Navy submarine that is operating in the 
Sector Seattle Captain of the Port Zone, as defined in 33 CFR Section 
3.65-10, and is being escorted by the Coast Guard.
    (b) Regulations. In accordance with the general regulations in 33 
CFR Section 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 will coordinate with Vessel Traffic System users on a case-
by-case basis to make appropriate passing arrangements under the 
circumstances. 33 CFR Section 165, Subpart D, contains additional 
provisions applicable to the security zone 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 inside 
or in the vicinity of the security zone created in paragraph (a) of 
this section of its existence via VHF Channel 16 and/or any other means 
reasonably available.

    Dated: April 25, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2010-12064 Filed 5-19-10; 8:45 am]
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