28200 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 

Guard notifies the public that 

enforcement of the zone in specified 

sections is temporarily suspended. 

Mariners need not obtain permission in 

accordance with the procedure 

described in paragraph (d)(2) of this 

section to enter a zone section in which 

enforcement is temporarily suspended. 

At all other times, mariners must obtain 

permission in accordance with the 

procedure described in paragraph (d)(2) 

before entering any of those sections. 

(3) The COTP will provide notice of 

suspended enforcement by means 

appropriate to effect the widest 

publicity, including broadcast notice to 

mariners, publication in the local notice 

to mariners, and posting the schedule of 

restricted access periods by date, 

location and duration at http:// 

www.scisland.org. 

(d) Regulations. (1) The general 

regulations governing safety zones 

found in 33 CFR 165.23 apply to the 

safety zone described in paragraph (a) of 

this section. 

(2) Mariners requesting permission to 

transit through any section of the zone 

may request authorization to do so from 

the Fleet Area Control and Surveillance 

Facility (FACSFAC) San Diego by either 

calling 619–545–4742 or establishing a 

VHF bridge to bridge radio connection 

on Channel 16. Immediately upon 

completing transit, the vessel operator 

must promptly notify the FACSFAC of 

safe passage through the safety zone. 

Failure to expeditiously notify 

FACSFAC of passage through the safety 

zone will result in a determination by 

the Navy that the vessel is still in the 

safety zone, thereby restricting the use 

of the area for naval operations. If the 

Navy determines that facilitating safe 

transit through the zone negatively 

impacts range operations, the Navy will 

cease this practice and enforce the 

safety zones in these two areas without 

exception. 

(3) All persons and vessels must 

comply with the instructions of the U.S. 

Navy, Coast Guard Captain of the Port 

or the designated representative. 

(4) Upon being hailed by U.S. Navy or 

U.S. Coast Guard patrol personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel must 

proceed as directed. 

(5) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone described in 

paragraph (a) of this section by the U.S. 

Navy and local law enforcement 

agencies. 

Dated: April 22, 2010. 

T. H. Farris, 

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

Port San Diego. 

[FR Doc. 2010–12063 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–2010–0389] 

RIN 1625–AA00 

Safety Zone; Washington State 

Department of Transportation Ferries 

Division Marine Rescue Response 

(M2R) Full-Scale Exercise for a Mass 

Rescue Incident (MRI) 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Washington State 

Department of Transportation Ferries 

Division (WSF) is conducting a Marine 

Rescue Response (M2R) full-scale 

exercise in Port Madison. This training 

exercise will simulate a mass rescue 

incident (MRI) and will involve an 

abandon ship scenario with multiple 

response vessels. This temporary safety 

zone is necessary to ensure the safety of 

the participating ferries, rescue vessels, 

and the maritime public during the 

exercise by prohibiting any vessel 

operators from entering or remaining 

within a 500-yard radius of the 

participating ferries unless authorized 

by the Captain of the Port, Puget Sound 

or Designated Representative. 

DATES: This rule is effective from 8 a.m. 

until 11:59 p.m. on 25 May 2010, unless 

cancelled sooner by the Captain of the 

Port. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0389 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0389 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 Ensign Rebecca E. 

McCann, Sector Seattle, Waterways 

Management Division, Coast Guard; 

telephone 206–217–6088, e-mail 

Rebecca.E.McCann@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

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 

immediate action is necessary to ensure 

the safety of life and property on 

navigable waters. 

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 the effective date 

would be contrary to the public interest 

because hazards associated with large 

scale training exercises could lead to 

severe injury, fatalities and/or 

destruction of public property. 

Therefore immediate action is necessary 

to ensure safety of the public and of 

participants in the WSF M2R exercise. 

Basis and Purpose 

The WSF is hosting a M2R full scale 

exercise which will simulate a MRI to 

provide training in specific emergency 

response procedures. The exercise will 

test WSF procedures, and establish 

protocols with the response 

organization specific to ferries in the 

Puget Sound area. This temporary safety 

zone will mitigate navigation and safety 

concerns that may arise from the 

exercise by restricting the area and 

keeping any transiting vessels from 

interfering. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone within Port 

Madison, Washington. This safety zone 

is established to prohibit any vessel 

operator from entering or remaining 

within 500 yards of the ferries 

participating in the WSF M2R exercise, 

unless authorized by the Captain of the 

Port, Puget Sound or Designated 

Representative. The simulation involves 

one large ferry dead in the water (DIW), 


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Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 28201 

being assisted by another large ferry and 

will temporarily affect vessel traffic. The 

zone will be effective between 8 a.m and 

11:59 p.m. on May 26, 2010. 

The Captain of the Port may be 

assisted in the enforcement of the zone 

by other federal, state, or local agencies. 

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 safety zone will restrict 

access to the area, the effect of the rule 

will not be significant because: the 

safety zone will be in place for a limited 

period of time and maritime traffic will 

still be able to transit around the zone. 

Additionally, maritime traffic may 

request permission to transit through 

the zone from the Captain of the Port, 

Puget Sound or Designated 

Representative. 

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 and operators of 

vessels intending to operate in Port 

Madison, Washington between 8 a.m. 

and 11:59 p.m. on 25 May 2010. The 

rule will not have a significant 

economic impact on a substantial 

number of small entities, because the 

safety zone is short in duration and 

maritime traffic will be able to transit 

around the safety zone. Maritime traffic 

may also request permission to transit 

through the zone from the Captain of the 

Port, Puget Sound or Designated 

Representative. 

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 the 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 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 


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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 


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