[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Rules and Regulations]
[Pages 53295-53297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21382]
[[Page 53295]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0732]
RIN 1625-AA00
Safety Zone, Tarague Basin; Anderson AFB, GU
AGENCY: Coast Guard, DHS.
ACTION: Interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a safety zone in the waters
off of Tarague Basin, Anderson AFB, Guam, for the safety of waterway
users, during U.S. Air Force explosive ordnance disposal operations.
The U.S. Air Force plans to engage in explosive ordnance disposal
operations starting in August 2014, and continue to do so at varying
times weekly, for an indefinite duration. The safety zone is activated,
and therefore subject to enforcement, during these operations. When the
safety zone is activated for enforcement, all entry into the safety
zone (including vessels and persons) is prohibited except by permission
from the Captain of the Port or his designated representative. The
Coast Guard is implementing this interim rule for the safety of
mariners; we encourage comments on this rulemaking as to how we may
improve the rule.
DATES: This rule is effective without actual notice September 9, 2014.
For the purposes of enforcement, actual notice will be used from August
22, 2014, until September 9, 2014. Comments and related material must
be received by the Coast Guard on or before November 10, 2014.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2014-0732. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
You may submit comments, identified by docket number, using any one
of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Kristina Gauthier, U.S. Coast Guard Sector Guam at
(671) 355-4866, email [email protected]. If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone (202) 366-9826
or 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this interim
rule.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
[[Page 53296]]
B. Regulatory History and Information
The Coast Guard is issuing this interim rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (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 doing so would be impracticable. The
Coast Guard received notice of these explosive ordnance disposal
operations on August 4, 2014. The first operation was scheduled for
August 8, 2014. Due to this late notice, the Coast Guard did not have
time to issue a notice of proposed rulemaking.
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 due to the late notice and inherent
danger in explosive ordnance disposal. Delaying the effective period of
this safety zone would be contrary to the public interest.
C. Basis and Purpose
The statutory basis for this rulemaking is 33 U.S.C. 1231, which
gives the Coast Guard, under a delegation from the Secretary of
Homeland Security, regulatory authority to implement the Ports and
Waterways Safety Act. A safety zone is a water area, shore area, or
water and shore area, for which access is limited to authorized person,
vehicles, or vessels for safety or environmental purposes.
The purpose of this rulemaking is to protect mariners from the
potential hazards associated with U.S. Air Force explosive ordnance
disposal operations. Approaching too close to such operations could
expose the mariner to flying debris or other hazardous conditions.
D. Discussion of the Interim Rule
The Coast Guard was recently made aware that the U.S. Air Force
plans to engage in explosive ordnance disposal operations, in the
vicinity of Tarague Basin, starting in August 2014, and continue to do
so at varying times weekly, for an indefinite duration. In order to
protect the public from the hazards of the U.S. Air Force explosive
ordnance disposal, the Coast Guard is establishing a safety zone
without prior notice and opportunity to comment. This safety zone will
be enforced only at times when the orange range flag is hoisted. We
estimate the zone will be enforced approximately 6 hours a week.
Enforcement periods will be indicated by a raised orange range flag
located on a pole located 1250 feet west of Demo Pit at 13 degrees 35
minutes 59.751 seconds North Latitude and 144 degrees 55 minutes
27.4476 seconds East Longitude. These explosive ordnance disposals
will, under normal circumstances happen during daylight hours. In case
of an emergency explosive ordnance disposal after daylight hours may
occur and the orange range flag will be illuminated.
For the purposes of enforcement, actual notice will be used from
August 22, 2014, until this interim rule is published, September 9,
2014, to inform those near the area of the rule. After publication of
this rule, we will rely on constructive notice. The first scheduled
operation was 7:15 a.m. on August 8, 2014 (Kilo, Local Time).
The Coast Guard is requesting public comment on this interim rule.
Please submit any comments and related material on or before November
10, 2014. We may amend or otherwise change the interim rule based on
your comments.
E. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The Coast Guard expects
the economic impact of this rule to be extremely minimal based on the
limited geographic area affected and the limited enforcement times of
the safety zone.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 safety zone will only be enforced during U.S. Air Force explosive
ordnance disposal operations. This zone will encompass one mile arc in
the water, from the center point, allowing for safe vessel passage
outside of the zone.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``For Further
Information Contact'' section to coordinate protest activities so that
your message can be received without
[[Page 53297]]
jeopardizing the safety or security of people, places or vessels.
7. 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.
8. 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.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that 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 involves the closure of the waterfront around
Tarague Basin for approximately 6 hours a week. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination will be made available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 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, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.1416 to read as follows:
Sec. 165.1416 Safety Zone; Tarague Basin; Anderson AFB, GU.
(a) Location. The following area, within the Guam Captain of the
Port (COTP) Zone (See 33 CFR 3.70-15), from the surface of the water to
the ocean floor, is a safety zone: A 1-mile radius centered on 13
degrees 35 minutes 59 seconds North Latitude and 144 degrees 55 minutes
38 seconds East Longitude (NAD 1983) including the water arc between
points 13 degrees 36 minutes 00 seconds North Latitude, 144 degrees 56
minutes 32 seconds East Longitude and 13 degrees 36 minutes 12 seconds
North Latitude, 144 degrees 54 minutes 48 seconds East Longitude (NAD
1983).
(b) Enforcement period. This section will be enforced only during
U.S. Air Force explosive ordnance disposal operations and only when an
orange range flag is hoisted 1250 feet west of the Demo Pit at 13
degrees 35 minutes 59.751 seconds North Latitude and 144 degrees 55
minutes 27.4476 seconds East Longitude. In case of an emergency, an
explosive ordnance disposal after daylight hours may occur in which
case the orange range flag will be illuminated.
(c) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply to the zone described in paragraph (a)
of this section. Entry into, transit through or within this zone is
prohibited unless authorized by the COTP or a designated representative
thereof.
(d) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce this safety zone.
(e) Waiver. The COTP may waive any of the requirements of this rule
for any person, vessel, or class of vessel upon finding that
application of the safety zone is unnecessary or impractical for the
purpose of maritime security.
(f) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Dated: August 22, 2014.
Brenden J. Kettner,
Commander, U.S. Coast Guard, Captain of the Port Guam, Acting.
[FR Doc. 2014-21382 Filed 9-8-14; 8:45 am]
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