[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Proposed Rules]
[Pages 59173-59176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23163]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0813]
RIN 1625-AA00
Safety Zone; Navy UNDET, Outer Apra Harbor and Adjacent Waters,
Guam
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish safety zones for
underwater detonation operations in the waters of outer Apra Harbor,
Guam. This rule would be effective from 2 p.m. on November 5, 2014,
until 4 p.m. on November 6, 2014 (kilo, Local Time). The enforcement
period for this rule would be from 2 p.m. to 4 p.m. on November 5, 2014
and from 2 p.m. to 4 p.m. November 6, 2014. The Coast Guard believes
this safety zone regulation is necessary to protect all persons and
vessels that would otherwise transit or be within the affected area
from possible safety hazards associated with an underwater detonation
operation.
[[Page 59174]]
DATES: Comments and related material must be received by the Coast
Guard on or before October 21, 2014.
ADDRESSES: 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, Sector Guam, U.S. Coast Guard;
(671) 355-4866, [email protected]. If you have questions on
viewing or submitting material to the docket, call Cheryl F. Collins,
Program Manager, Docket Operations, telephone (202) 366-9826.
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 USCG-2014-0813 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
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 USCG-2014-0813 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).
B. Regulatory History and Information
There have been two previous temporary final rules for safety zones
around underwater detonations by the U.S. Navy at this location in the
past year. Those rules were assigned docket numbers USCG-2014-0527 and
USCG-2014-0356. We learned of the need for the safety zone regulation
we are proposing on 26 August 2014. We have provided a 20-day comment
period for this proposed rule. If after considering comments we decide
to issue a temporary final rule, we would need to make that rule
effective less than 30 days after publication and would cite to good
cause for doing so under 5 U.S.C. 553(d)(3).
C. Basis and Purpose
The legal basis for this rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C 1231; 33 CFR 1.05-1, 6.04-6, 160.5; and Department of Homeland
Security Delegation No. 0170.1. 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 purposes.
The purpose of this rulemaking is to protect mariners from the
potential hazards associated with a U.S. Navy training exercise which
include detonation of underwater explosives. Approaching too close to
such exercises could potentially expose the mariner to flying debris or
other hazardous conditions.
D. Discussion of Proposed Rule
In order to protect the public from the hazards of the U.S. Navy
training exercise, the Coast Guard proposes to establish a temporary
safety zone regulation, effective from 2 p.m. November 5, 2014, through
4 p.m. November 6, 2014 (Kilo, Local Time). The enforcement periods for
this rule would be from 2 p.m. to 4 p.m. on November 5, 2014 and from 2
p.m. to 4 p.m. on November 6, 2014.
The safety zones would be located within the Guam COTP Zone (See 33
CFR 3.70-15), and will cover all waters bounded by a circle with a 700-
yard radius for vessels and a 1367 yard radius for persons in the
water, centered at: 13[deg]27'42'' N and 144[deg]38'30'' E, from the
surface of the water to the ocean floor.
The general regulations governing safety zones contained in 33 CFR
165.23 apply. Entry into, transit through or anchoring within safety
zones is prohibited unless authorized by the COTP or a designated
representative thereof. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce the zone. 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 regulation is unnecessary or impractical
[[Page 59175]]
for the purpose of maritime safety. Vessels or persons violating this
rule may be subject to the penalties set forth in 33 U.S.C. 1232 and/or
50 U.S.C. 192.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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
short duration of the safety zone regulation and the limited geographic
area affected by it.
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 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
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This safety zone regulation will not have a significant economic
impact on a substantial number of small entities for the following
reasons. This rule would affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit through a portion of the zones from 2 p.m. through 4 p.m. on
November 5 and 6, 2014. This rule would be enforced for only 2 hours
each day and vessel traffic can pass safely around the safety zones.
The safety zones do not encompass the entire harbor and safe transit is
still allowed to pass through, in and out of Apra Harbor. Further
traffic will be allowed to pass through the zones with the permission
of the Coast Guard Patrol Commander 671-487-4817. Before the effective
period, we will issue maritime advisories widely available to users of
outer Apra Harbor.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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 proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions
[[Page 59176]]
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule
involves a closed area of Outer Apra Harbor, to vessel traffic, for 2
hours on each of 2 days. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
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 proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record-
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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, 160.5; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T14-0813 to read as follows:
Sec. 165.T14-0813 Safety Zones; Outer Apra Harbor and adjacent
waters, Guam.
(a) Location. The following areas, 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, are safety zones:
(1) Seven-hundred-yard-radius zone. All waters bounded by a circle
with a 700-yard radius centered at 13[deg]27'42'' N and 144[deg]38'30''
E, (NAD 1983) are included.
(2) One-thousand-three-hundred-and-sixty-seven-yard-radius zone.
All waters bounded by a circle with a 1367-yard radius centered at
13[deg]27'42'' N and 144[deg]38'30'' E, (NAD 1983) are included.
(b) Effective period. This section is effective from 2 p.m. on
November 5, 2014 through 4 p.m. on November 6, 2014 (Kilo, Local Time).
(c) Enforcement periods. The safety zones described in paragraph
(a) of this section will be enforced during the U.S. Navy underwater
detonation operation, from 2 p.m. until 4 p.m. on November 5, 2014, and
2 p.m. to 4 p.m. on November 6, 2014 (Kilo, Local Time).
(d) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply. No vessels may enter or transit
safety zone (a)(1) and no persons in the water may enter or transit
safety zone (a)(2) unless authorized by the COTP or a designated
representative thereof.
(e) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce these temporary safety zones.
(f) Waiver. The COTP may waive any of the requirements of this
section 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.
(g) 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: September 7, 2014.
Brenden J. Kettner,
Commander, U.S. Coast Guard, Captain of the Port Guam, Acting.
[FR Doc. 2014-23163 Filed 9-30-14; 8:45 am]
BILLING CODE 9110-04-P