28194 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 

Item No. Fee 

SCHEDULE OF FEES FOR CONSULAR SERVICES 

* * * * * * * 

Nonimmigrant Visa Services 

21. Nonimmigrant visa and border crossing card application processing fees (per person): 

(a) Non-petition-based nonimmigrant visa (except E category) ................................................................................................... $140 

(b) H, L, O, P, Q and R category nonimmigrant visa .................................................................................................................. $150 

(c) E category nonimmigrant visa ................................................................................................................................................ $390 

(d) K category nonimmigrant visa ................................................................................................................................................ $350 

(e) Border crossing card—age 15 and over (valid 10 years) ...................................................................................................... $140 

(f) Border crossing card—under age 15; for Mexican citizens if parent or guardian has or is applying for a border crossing 

card (valid 10 years or until the applicant reaches age 15, whichever is sooner) .................................................................. $14 

* * * * * * * 

Dated: May 14, 2010. 

Patrick Kennedy, 

Under Secretary of State for Management, 

Department of State. 

[FR Doc. 2010–12125 Filed 5–19–10; 8:45 am] 

BILLING CODE 4710–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0277] 

RIN 1625-AA00 

Safety Zone; San Clemente 3 NM 

Safety Zone, San Clemente Island, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone around San 

Clemente Island in support of 

potentially hazardous military training 

and testing exercises. The existing zones 

do not sufficiently overlap potential 

danger zones and testing areas used by 

the Navy during live-fire and ocean 

research operations resulting in a delay 

or cancellation of these operations. The 

new safety zone will protect the public 

from hazardous, live-fire and testing 

operations and ensure operations 

proceed as scheduled. 

DATES: This rule is effective June 21, 

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–2009–0277 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2009–0277 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 Petty Officer Corey McDonald, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, Coast Guard; 

telephone 619–278–7262, e-mail 

Corey.R.McDonald@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 August 7, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; San Clemente 

Island, CA in the Federal Register (74 

FR 39584). We received one comment 

on the proposed rule. 

Basis and Purpose 

As part of the Southern California 

Range Complex, San Clemente Island 

(SCI) and the surrounding littoral waters 

support the training requirements for 

the U.S. Pacific Fleet, Fleet Marine 

Forces Pacific, Naval Special Warfare 

Command, Naval Expeditionary Combat 

Command and other military training 

and research units. In 1934, Executive 

Order 6897 transferred full ownership of 

SCI from the Department of Commerce 

to the Department of the Navy for ‘‘naval 

purposes’’. The San Clemente Island 

Range Complex (SCIRC) has the 

capability to support training in all 

warfare areas including Undersea 

Warfare, Surface Warfare, Mine Warfare, 

Strike Warfare, Air Warfare, 

Amphibious Warfare, Command and 

Control, and Naval Special Warfare. It is 

the only location in the United States 

that supports Naval Special Warfare 

full-mission training profiles. The Shore 

Bombardment Area (SHOBA) is the only 

range in the United States where 

expeditionary fire support exercises 

utilizing ship to shore naval gunfire can 

be conducted. SCI’s unique coastal 

topography, proximity to the major Fleet 

and Marine concentration areas in San 

Diego County, supporting infrastructure, 

and exclusive Navy ownership make the 

island and surrounding waters vitally 

important for fleet training, weapon and 

electronic systems testing, and research 

and development activities. 

Background 

In the 2009 NPRM, the Coast Guard 

proposed to establish a permanent 

safety zone in the area of San Clemente 

Island in order to conduct training 

essential to successful accomplishments 

of U.S. Navy missions relating to 

military operations and national 

security. We proposed to establish a 

safety zone consisting of 8 segments, 

which were described in the NPRM as 

Sections (A) through (G) and Wilson 

Cove. We believe that a safety zone is 

necessary to protect the public from 

hazardous, live-fire and testing 

operations and ensure operations 

proceed as scheduled. 

Discussion of Comments and Changes 

The Coast Guard received one 

comment in response to the NPRM. This 

was a joint statement from three 

commercial fishing organizations: the 

Sea Urchin Commission (CSUC), the 

California Lobster and Trap Fishermen’s 

Association (CLTFA), and the Point 

Conception Ground Fishermen’s 

Association (PCGA), and is available in 

the docket. The commenters joined 

together to express their support for the 

Navy training missions associated with 

San Clemente Island, including the use 

of safety zones and permanent closures 

at Special Warfare Training Area 1 


wwoods2 on DSK1DXX6B1PROD with RULES
Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 28195 

(SWAT 1) and Wilson Cove. However, 

the fishing organizations also expressed 

concern that some issues were not 

adequately addressed and some 

information in the administrative record 

may not be factually accurate. 

The commenters raised several issues 

that will be addressed below. First, they 

argued that the socio-economic impacts 

of the proposed safety zone were more 

substantial than the Coast Guard had 

estimated, because section ‘‘G’’ contains 

important fishing areas and is also 

important to chartered passenger 

vessels. Second, the commenters 

requested that section ‘‘F’’ was too 

broad, and should be subdivided into 

smaller areas. Third, the commenters 

stated that it is important to keep the 

North West Harbor open to the public, 

due to the need for safe anchorages for 

small boats. 

In light of these concerns, the 

comment included the following 

requests: 

1. Re-assess the socio-economic 

impacts of permanent closures in 

Sections ‘G’ and Wilson Cove and the 

socio-economic impacts of intermittent 

closures in Sections ‘A’ & ‘F’ on charter 

passenger vessels, seiners, and 

individual sport fishermen in light of 

other regional closures proposed under 

the State’s Marine Life Protection Act 

(MLPA) process. 

2. Convene two workshops (between 

January—March 2010) with 

representatives from DoD, U.S. Coast 

Guard, and fishing groups to: (a) Review 

Section F configuration and (b) develop 

a protocol that affords public access to 

Northwest Harbor during time periods 

the area is not scheduled for military 

training. Implement Final Rule no later 

than June 1, 2010. 

Response: 

Many of the issues raised by the three 

commercial fishing organizations are 

addressed in the Southern California 

(SOCAL) Environmental Impact 

Statement (EIS)/Overseas EIS (OEIS) 

(Record of Decision, January 30, 2009) 

(74 FR 5650). The entire document is 

also available on the Web at http:// 

www.socalcomplexeis.com. The SOCAL 

EIS/OEIS included a socio-economic 

assessment of increased naval activities 

around San Clemente Island. The 

current rulemaking establishing a safety 

zone around San Clemente Island is part 

of the Navy’s continued efforts to 

protect the public from potentially 

hazardous training evolutions assessed 

in the SOCAL EIS/OEIS, while 

supporting Department of Defense 

training range requirements. 

Implementation of the Proposed 

Action in the SOCAL EIS/OEIS 

increased the overall number of training 

evolutions by 24 percent. Enforcement 

of the safety zone during these increased 

training periods is necessary to protect 

persons and vessels transiting through 

the area. A public safety determination 

was made to establish a safety zone 

around San Clemente Island to protect 

the public from potentially hazardous 

training evolutions while still 

facilitating the public’s use of offshore 

waters during times when hazardous 

training was not scheduled. The safety 

zone provides exclusive use by the 

military to certain offshore waters 

around San Clemente Island. The EIS/ 

OEIS concluded that ‘‘the increased 

training tempo associated with [an] 

increase in range clearance [restricted 

public access] will not cause a 

considerable [socioeconomic] impact 

due to advanced public notification and 

[the] primarily short-term duration of 

military activities’’ (SOCAL EIS/OEIS, 

2009). 

1. Socio-Economic Impacts 

One argument made by the 

commenters was that the agency had not 

considered the socio-economic impacts 

of the safety zone. In response, we note 

that the socio-economic impacts 

associated with restricted public access 

to offshore waters during hazardous 

training evolutions were assessed in 

detail in two recent documents and 

considered prior to initiating the safety 

zone rulemaking process, both of which 

are available on the Web at http:// 

www.socalcomplexeis.com: 

• Southern California (SOCAL) 

Environmental Impact Statement (EIS)/ 

Overseas EIS (OEIS) (January 2009), 

Section 3.14 Socioeconomics. 

• Southern California (SOCAL) 

Fisheries Study: Catch Statistics (2002– 

2007), Fishing Access, and Fishermen 

Perception (February 2009). 

The Navy recognizes the importance 

of the waters around San Clemente 

Island to commercial and recreational 

fishermen, and contrary to the 

commenters’ assertion, careful analysis 

of the socio-economic impact of the 

increased training activity was 

undertaken in these documents. In order 

to mitigate the economic and social 

impacts of its training exercises, the 

Navy has gone to great lengths to 

provide advanced notice of these 

exercises to fishermen and operators of 

recreational vehicles. In response to 

recommendations expressed by 

fishermen during the San Clemente 

Island Range Complex EIS/OEIS scoping 

meetings for advanced knowledge of 

operations scheduled around San 

Clemente Island, the Navy developed 

(2000) and maintains a public Web site 

(http://www.scisland.org). The Web site 

publishes scheduled training times and 

locations up to six months in advance. 

Fishermen can utilize this Web site, in 

conjunction with other notification 

methods, including NOTMARS and 

Very High Frequency (VHF) radio 

Channel 16, to plan their trips near San 

Clemente Island. 

The Navy also sponsored a detailed 

survey to examine fishing concerns in 

SOCAL. The Southern California 

(SOCAL) Fisheries Study: Catch 

Statistics (2002–2007), Fishing Access, 

And Fishermen Perception (February 

2009) focused on two goals: 

• Determine the potential impact of 

Navy activities on commercial and 

recreational fishing in the SOCAL Range 

Complex. 

• Examine potential use-conflicts, 

particularly in the waters around San 

Clemente Island. 

The study highlighted the importance 

of the waters around San Clemente 

Island to commercial and recreational 

fishermen particularly for spiny lobster, 

swordfish, red urchin, Pacific sardine 

and market squid. Overall, fishermen 

agreed that a combination of regularly 

scheduled radio announcements, a clear 

and regularly updated Web site, and 

easily obtainable and reliable contact 

information with assured rapid response 

would serve to mitigate conflicts 

between fishermen and the Navy within 

the SOCAL Range Complex. As a result 

of this study, the Navy is working on 

improvements to the San Clemente 

Island Web site: adding operating areas 

and altitude acronyms/codes and 

clarifying whether a Navy activity 

requires a closure to fishing grounds or 

if fishing is still permitted in 

conjunction with scheduled training 

events. 

For these reasons, we believe that the 

economic and social impacts regarding 

implementation of the safety zones will 

be minimal. While extending the safety 

zone will cause some inconvenience, we 

believe that it is needed for the 

protection of both vessels and persons, 

and that the negative socio-economic 

effects of the zone are far outweighed by 

the safety need. 

2. Additional Workshops 

Over the past two years, the Navy has 

conducted extensive public outreach 

concerning increased training 

evolutions in Southern California: 

public meetings and comment periods 

were held in conjunction with the 

SOCAL EIS/OEIS; outreach efforts were 

conducted with local fishing 

organizations; and Department of 

Defense representatives served as 

members of the Marine Life Protection 


wwoods2 on DSK1DXX6B1PROD with RULES
28196 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 

Act South Coast Regional Stakeholder 

Group. 

The Navy has a longstanding 

appreciation of the economic 

importance of San Clemente Island to 

commercial and recreational fishermen 

and divers, so in an effort to ensure 

public safety while optimizing the 

public’s access to offshore waters, the 

Navy sub-divided the Safety Zone into 

eight separate sections. If the Safety 

Zone had been managed as one 

contiguous zone, a scheduled training 

evolution off the southern end of San 

Clemente Island would have restricted 

public access to all offshore areas 

around San Clemente Island. The 

segmented configuration facilitates the 

public’s access to areas not scheduled 

for hazardous training, while ensuring 

continued use of the waters around San 

Clemente Island for critical naval 

training. 

Safety Zone ‘F’ 

As stated above, commenters argued 

that section ‘‘F’’ of the safety zone was 

too broad, and that it should be broken 

up into various subzones. However, the 

commenters did not make any 

recommendations as to what these 

smaller subzones should be. 

Furthermore, we note that boundaries of 

all Safety Zone segments, including 

Section ‘F’, were developed in 

accordance with training requirements 

and the public’s continued access to 

safe harbor. Specifically, section ‘F’ 

boundaries are consistent with the 

surface danger zone (SDZ) associated 

with the live fire Naval Special Warfare 

(NSW) range designated as Training 

Area and Range (TAR) 10 (SOCAL EIS/ 

OEIS, 2009). Section ‘F’ also overlaps 

the existing Restricted Area (No 

Anchorage) area (West Cove) depicted 

in the Coast Pilot since 1985. This is 

designated as a No Anchor area because 

trunk cables from the critical deepwater 

instrumented hydrophone array come 

ashore in West Cove. Given these facts, 

we have decided to maintain the 

boundaries of the current segment ‘‘F’’ as 

proposed in the NPRM. 

Northwest Harbor Anchoring 

The Navy recognizes the importance 

of retaining the public’s access to safe 

harbors located around San Clemente 

Island. As documented in the SOCAL 

Fisheries Study (2009), ‘‘Maintaining 

access to public anchorages around SCI, 

particularly Pyramid Cove and 

Northwest Harbor, is critical for the 

safety of the fishermen, as well as for 

ensuring that fishermen are not 

subjected to increased fuel costs as a 

result of relocation.’’ The safety zone 

was configured such that Northwest 

Harbor and Pyramid Cove would be 

accessible to the public except during 

scheduled, hazardous training events. 

The new safety zone does not alter the 

public’s use of Wilson Cove for safe 

harbor because a permanent Security 

Zone restricting public access has 

existed in Wilson Cove (out to 2 nm 

offshore) for many years. In addition, 

neither of the two permanently 

restricted areas overlaps Northwest 

Harbor or Pyramid Cove. 

Coordination With Commercial Fishing 

Organizations 

We also note that there has been 

substantial coordination with local 

fishing organizations throughout the 

process of developing plans for this 

area. During a coordination meeting 

held in early 2009 with representatives 

from various fishing organizations 

(including commercial fishing 

associations submitting comments on 

the Safety Zone Notice of Proposed Rule 

Making), the Navy briefed the Safety 

Zone proposal. The California Sea 

Urchin Commission (CSUC) 

recommended that the Navy assess the 

feasibility of facilitating safe transit 

through SWAT 1 during times when the 

range may be cold. Consequently, the 

Navy spent considerable time and 

resources to establish a permanent 

watch stander and dedicated call sign 

(KRAKEN on Channel 82A) that boaters 

can contact to request safe vessel transit 

authorization through SWAT 1 Safety 

Zone. When authorized by KRAKEN, 

vessels may safety transit within 3nm of 

the northern end of San Clemente 

Island, thereby saving time and fuel 

costs, a related concern raised in the 

commenters’ letter. 

Conclusion 

The Southern California Range 

Complex is the most capable and 

heavily used Navy Range Complex in 

the eastern Pacific region. San Clemente 

Island is the tactical cornerstone of the 

Range Complex. The Navy has assessed 

the socio-economic effects of 

conducting training operations in 

Southern California (including San 

Clemente Island) and conducted 

extensive public outreach. As described 

in the SOCAL EIS/OEIS, the Navy is 

expanding training evolutions in 

Southern California. The Navy 

recognizes and appreciates the 

importance of the waters around San 

Clemente Island to commercial and 

recreational fishermen and has exerted 

substantial effort to successfully co-exist 

with commercial and recreational 

neighbors. The Navy will continue to 

provide the public with up-to-date, 

accurate information on areas accessible 

for the public’s commercial and 

recreational uses. 

Discussion of Rule 

The Coast Guard is establishing a 

permanent safety zone around San 

Clemente Island for the U.S. Navy. The 

limits of the segmented safety zone 

range from high tide seaward 3 NM. The 

zone is broken down into the following 

sections: 

(a) Section A 

Beginning at 33°02.05′ N, 118°35.85′ 

W; thence to 33°04.93′ N, 118°37.07′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 33°02.82′ N, 

118°30.65′ W; thence to 33°17.28′ N, 

118°33.88′ W; thence along the 

shoreline returning to 33°02.05′ N, 

118°35.85′ W. 

(b) Section B 

Beginning at 32°57.30′ N, 118°30.88′ 

W; thence to 32°59.60′ N, 118°28.33′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°55.83′ N, 

118°24.22′ W; thence to 32°53.53′ N, 

118°26.52′ W; thence along the 

shoreline returning to 32°57.30′ N, 

118°30.88′ W. 

(c) Section C 

Beginning at 32°53.53′ N, 118°26.52′ 

W; thence to 32°55.83′ N, 118°24.22′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°47.27′ N, 

118°18.23′ W; thence to 32°49.10′ N, 

118°21.05′ W; thence along the 

shoreline returning to 32°53.53′ N, 

118°26.52′ W. 

(d) Section D 

Beginning at 32°49.10′ N, 118°21.05′ 

W; thence to 32°47.27′ N, 118°18.23′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°48.38′ N, 

118°31.69′ W; thence to 32°50.70′ N, 

118°29.37′ W; thence along the 

shoreline returning to 32°49.10′ N, 

118°21.05′ W. 

(e) Section E 

Beginning at 32°50.70′ N, 118°29.37′ 

W; thence to 32°48.05′ N, 118°31.68′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°53.62′ N, 

118°35.93′ W; thence to 32°56.13′ N, 

118°32.95′ W; thence along the 

shoreline returning to 32°50.70′ N, 

118°29.37′ W. 

(f) Section F 

Beginning at 32°56.13′ N, 118°32.95′ 

W; thence to 32°53.62′ N, 118°35.93′ W; 


wwoods2 on DSK1DXX6B1PROD with RULES
Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 28197 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°59.95′ N, 

118°39.77′ W; thence to 33°01.08′ N, 

118°36.33′ W; thence along the 

shoreline returning to 32°56.13′ N, 

118°32.95′ W. 

(g) Section G 

Beginning at 33°01.08′ N, 118°36.33′ 

W; thence to 32°59.95′ N, 118°39.77′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 33°04.93′ N, 

118°37.07′ W; thence to 33°02.05′ N, 

118°35.85′ W; thence along the 

shoreline returning to 33°01.08′ N, 

118°36.33′ W. 

(h) Wilson Cove 

Beginning at 33°01.28′ N, 118°33.88′ 

W; thence to 33°02.82′ N, 118°30.65′ W; 

thence running parallel to the shoreline 

at a distance of approximately 3 NM 

from the high tide line to 32°59.60′ N, 

118°28.33′ W; thence to 32°57.30′ N, 

118°30.88′ W; thence along the 

shoreline returning to 33°01.28′ N, 

118°33.88′ W. 

Mariners requesting permission to 

transit through Section G must request 

authorization from the Fleet Area 

Control and Surveillance Facility 

(FACSFAC) San Diego by hailing 

KRAKEN (dedicated call sign) on VHF 

bridge-to-bridge radio connection on 

Channel 16 or calling 619–545–4742 or 

619–545–1742. Once vessel has 

established contact with KRAKEN on 

Channel 16, vessel will be asked to 

switch to Channel 82A. Vessel will be 

asked to provide the following 

information: Name of vessel and 

registration number, name of Captain 

and homeport, military or non-military 

designation, current location (latitude/ 

longitude), date and time, and projected 

transit time through Section G. 

VESSELS MUST HAVE 

AUTHORIZATION FROM KRAKEN TO 

TRANSIT WITHIN 3NM OF SAN 

CLEMENTE ISLAND THROUGH 

SECTION G. No other non-military 

activities are permitted in Section G at 

any time. If vessel does not receive 

authorization to transit through Section 

G, mariner must navigate to greater than 

3nm offshore San Clemente Island. 

Immediately upon completing transit, 

vessel operator must promptly notify 

KRAKEN of safe passage through 

Section G safety zone. Failure to 

expeditiously notify KRAKEN 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 zone 

without exception. 

Mariners are restricted at all times 

from transiting into the Safety Zone/ 

Security Zone extending from shoreline 

in Wilson Cove to 2nm offshore. 

However, mariners may transit through 

the Safety Zone extending from 2nm to 

3nm offshore unless asked by the Navy 

to transit outside the Wilson Cove 

Safety Zone. Transit only is permitted in 

this area. 

Mariners who wish to transit through 

any of the other six sections (A, B, C, D, 

E, and/or F) will also be required to 

request permission from FACSFAC San 

Diego, using the same procedure 

described above, except during periods 

when the Navy is not conducting 

potentially hazardous military training 

or testing activity. Mariners will be able 

to transit some or all of these sections 

without obtaining prior authorization 

from FACSFAC San Diego only when 

the Coast Guard notifies the public that 

enforcement of the zone in specified 

sections is temporarily suspended. 

Notice of suspended enforcement will 

be provided through broadcast notice to 

mariners and publication in the local 

notice to mariners; and the schedule of 

restricted access periods by date, 

location and duration will continue to 

be proposed at http://www.scisland.org. 

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. We expect the economic impact 

of this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This determination is based on the 

fact that the majority of the proposed 

safety zone will be open a significant 

portion of the time. The safety zone will 

be divided into eight sections. Two of 

the sections, specifically Section G and 

Wilson Cove, will be continually 

enforced as a Safety Zone, thereby 

restricting public use of these offshore 

waters, although transit through Section 

G and parts of Wilson Cove will be 

permitted at times. The other six 

sections (A, B, C, D, E, and F) will be 

enforced for the Navy’s exclusive use 

only during potentially hazardous 

military training or testing activity. The 

schedule of restricted access periods by 

date, location and duration will 

continue to be posted at http:// 

www.scisland.org. Prior to the use of 

sections A thru F, the Navy will inform 

U.S. Coast Guard Sector San Diego. 

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 might be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

a portion of the Pacific Ocean around 

San Clemente Island. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. Except for 

Section G and Wilson Cove, which will 

be continually enforced, the safety zone 

will be activated, and thus subject to 

enforcement, only during naval training 

and testing exercises. During periods 

when portions of the safety zone are 

enforced in sections A through F, vessel 

traffic can pass safely around the safety 

zone. When the safety zone is not 

enforced, vessel traffic will be allowed 

to use the offshore waters for 

commercial and recreational activities. 

Permission for safe vessel transit 

through the permanently restricted 

safety zones designated Section G and 

Wilson Cove may be requested of the 

Fleet Area Control and Surveillance 

Facility, San Diego. Furthermore, the 

safety zones will not impede access to 

safe port areas, important to small boats, 

such as North West Harbor or Pyramid 

Cove, as discussed above. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 


wwoods2 on DSK1DXX6B1PROD with RULES
28198 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 

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 

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 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 rule 

involves establishing of a 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, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1.2. 

■ 2. Add § 165.1141 to read as follows: 

§ 165.1141 Safety Zone; San Clemente 3 

NM Safety Zone, San Clemente Island, CA. 

(a) Location. The following area is a 

safety zone: All waters of the Pacific 

Ocean surrounding San Clemente 

Island, from surface to bottom, 

extending from the high tide line on the 

island seaward 3 NM. The zone consists 

of the following sections (see Figure 1): 

(1) Section A 

Beginning at 33°02.05′ N, 118°35.85′ 

W; thence to 33°04.93′ N, 118°37.07′ W; 

thence running parallel to the shore at 

a distance of approximately 3 NM from 

the high tide line to 33°02.82′ N, 

118°30.65′ W; thence 33°01.29′ N, 

118°33.88′ W; thence along the 

shoreline returning to 33°02.05′ N, 

118°35.85′ W. 

(2) Section B 

Beginning at 32°57.30′ N, 118°30.88′ 

W; thence to 32°59.60′ N, 118°28.33′ W; 

thence running parallel to the shore at 

a distance of approximately 3 NM from 

the high tide line to 32°55.83′ N, 

118°24.22′ W; thence to 32°53.53′ N, 


wwoods2 on DSK1DXX6B1PROD with RULES
Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Rules and Regulations 28199 

118°26.52′ W; thence along the 

shoreline returning to 32°57.30′ N, 

118°30.88′ W. 

(3) Section C 

Beginning at 32°53.53′ N, 118°26.52′ 

W; thence to 32°55.83′ N, 118°24.22′ W; 

thence running parallel to the shore at 

a distance of approximately 3 NM from 

the high tide line to 32°47.27′ N, 

118°18.23′ W; thence to 32°49.10′ N, 

118°21.05′ W; thence along the 

shoreline returning to 32°53.53′ N, 

118°26.52′ W. 

(4) Section D 

Beginning at 32°49.10′ N, 118°21.05′ 

W; thence to 32°47.27′ N, 118°18.23′ W; 

thence running parallel to the shore at 

a distance of approximately 3 NM from 

the high tide line to 32°48.38′ N, 

118°31.69′ W; thence to 32°50.70′ N, 

118°29.37′ W; thence along the 

shoreline returning to 32°49.10′ N, 

118°21.05′ W. 

(5) Section E 

Beginning at 32°50.70′ N, 118°29.37′ 

W; thence to 32°48.05′ N, 118°31.68′ W; 

thence running parallel to the shore at 

a distance of approximately 3 NM from 

the high tide line to 32°53.62′ N, 

118°35.93′ W; thence to 32°56.13′ N, 

118°32.95′ W; thence along the 

shoreline returning to 32°50.70′ N, 

118°29.37′ W. 

(6) Section F 

Beginning at 32°56.13′ N, 118°32.95′ 

W; thence to 32°53.62′ N, 118°35.93′ W; 

thence running parallel to the shore at 

a distance of approximately 3 NM from 

the high tide line to 32°59.95′ N, 

118°39.77′ W; thence to 33°01.08′ N, 

118°36.33′ W; thence along the 

shoreline returning to 32°56.13′ N, 

118°32.95′ W. 

(7) Section G 

Beginning at 33°01.08’ N, 118°36.333’ 

W; thence to 32°59.95′ N, 118°39.77′ W; 

thence running parallel to the shore at 

a distance of approximately 3 NM from 

the high tide line to 33°04.93′ N, 

118°37.07′ W; thence to 33°02.05′ N, 

118°35.85′ W; along the shoreline 

returning to 33°01.08′ N, 118°36.33′ W. 

(8) Wilson Cove 

Beginning at 33°01.28′ N, 118°33.88′ 

W; thence to 33°02.82′ N, 118°30.65′ W; 

thence running parallel to the shore at 

a distance of approximately 3 NM from 

the high tide line to 32°59.60’ N, 

118°28.33′ W; thence to 32°57.30′ N, 

118°30.88′ W; thence along the 

shoreline returning to 33°01.28′ N, 

118°33.88′ W. 

(b) Definitions. The following 

definition applies to this section: 

designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and Federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port (COTP). 

(c) Enforcement. (1) This regulation 

will be enforced at all times in Section 

G and the Wilson Cove section of the 

safety zone described in paragraph (a) of 

this section. Mariners must obtain 

permission in accordance with the 

procedure described in paragraph (d)(2) 

of this section before entering either of 

those sections (paragraphs (a)(7) and 

(8)). 

(2) This regulation will be enforced in 

Sections A through F of the safety zone 

described in paragraphs (a)(1) through 

(6) of this section except when the Coast 


wwoods2 on DSK1DXX6B1PROD with RULESER20MY10.000</GPH>
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), 


wwoods2 on DSK1DXX6B1PROD with RULES