28202 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 

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 

temporary safety 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. 

■ 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, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; Pub. 

L. 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Add § 165.T13–144 to read as 

follows: 

§ 165.T13–144 Safety Zone; Washington 

State Department of Transportation Ferries 

Division Marine Rescue Response (M2R) 

Full-Scale Exercise for a Mass Rescue 

Incident (MRI). 

(a) Location. All waters encompassed 

within 500 yards of the Washington 

State Ferries involved in the M2R 

exercise in Port Madison, WA on 25 

May 2010. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR part 

165, subpart C, no vessel operator may 

enter or remain in the safety zone 

without the permission of the Captain of 

the Port or Designated Representative. 

The Captain of the Port may be assisted 

by other Federal, State, or local agencies 

with the enforcement of the safety zone. 

(c) Authorization. All vessel operators 

who desire to enter the safety zone must 

obtain permission from the Captain of 

the Port or Designated Representative by 

contacting the Coast Guard Sector 

Seattle Joint Harbor Operations Center 

(JHOC) on VHF Ch 16 or via telephone 

at (206) 217–6001. Vessel operators 

granted permission to enter the zone 

will be escorted by the on-scene Coast 

Guard patrol craft until they are outside 

of the safety zone. 

(d) Enforcement Period. This rule is 

effective from 8 a.m. until 11:59 p.m. on 

25 May 2010, unless canceled sooner by 

the Captain of the Port. 

Dated: May 7, 2010. 

S. W. Bornemann, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2010–12062 Filed 5–19–10; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 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 ‘‘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 


wwoods2 on DSK1DXX6B1PROD with RULES
Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 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 caseby-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. 


wwoods2 on DSK1DXX6B1PROD with RULES
28204 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 

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. 

■ 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 § 165.1327 to read as 

follows: 

§ 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] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 232 

Conduct on Postal Property; Penalties 

and Other Law 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: The U.S. Postal Service is 

amending the Code of Federal 

Regulations to retract an increase in the 

maximum penalty for violations of the 

rules concerning conduct on Postal 

Service property. 

DATES: Effective Date: May 20, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth P. Martin, General Counsel, 

Office of Inspector General, (703) 248– 

2100. 

SUPPLEMENTARY INFORMATION: On 

January 27, 2010, the Postal Service 

published an amendment to the Code of 

Federal Regulations concerning the 

maximum penalty for a violation of the 

rules governing conduct on Postal 

Service property (75 FR 4273). The 

former rules had established the 

maximum penalty for a violation as a 

fine of not more than $50 or 

imprisonment of not more than 30 days, 

or both. As revised by that notice, the 

maximum penalty for a violation was 

increased to a fine of not more than that 

allowed under title 18 of the United 

States Code or imprisonment of not 

more than 30 days, or both. 

Since the publication of this 

amendment, the Postal Service has 

determined that it is necessary to revisit 

this matter, and to re-examine the text 

of the rule for clarity, specificity, and 

contractual compliance. For this reason, 

the Postal Service has determined that 


wwoods2 on DSK1DXX6B1PROD with RULES