[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Rules and Regulations]
[Pages 2749-2751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00863]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-1101]
RIN 1625-AA00
Safety Zone; RICHLAND, Apra Harbor/Philippine Sea, GU
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
for navigable waters within a 1000-yards ahead of the Dry-Dock RICHLAND
and its towing vessel and 500 yards abeam and 500 yards astern of the
dry-dock. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by the movement
of the drydock from Guam waters. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Guam.
DATES: This rule is effective without actual notice from January 19,
2016
[[Page 2750]]
through 6:00 p.m. January 31, 2016. For the purposes of enforcement,
actual notice will be used from 8:00 a.m. December 30, 2015 through
January 19, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1101 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Kristina Gauthier, Waterways Management Office,
Sector Guam, U.S. Coast Guard; telephone 671-355-4866, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 doing so would be impracticable. The
final details for this removal of this dry-dock were not known to the
Coast Guard until there was insufficient time remaining before the
operation to publish an NPRM. Thus, delaying the effective date of this
rule to wait for a comment period to run would be impracticable because
it would inhibit the Coast Guard's ability to protect vessels and
waterway users from the hazards associated with this operation.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective less than 30 days after publication in
the Federal Register. For the same reasons discussed in the preceding
paragraph, waiting for a 30 day notice period to run would be
impracticable.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Guam (COTP) has determined that potential
hazards associated with the movement of the Dry-Dock RICHLAND starting
8:00 a.m. December 30, 2015 will be a safety concern for anyone within
1000-yards ahead of the Dry-Dock RICHLAND and its towing vessel and 500
yards abeam and 500 yards astern while transiting Guam waters. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
Dry-Dock RICHLAND and its towing vessel are in transit in Guam waters.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:00 a.m. December 30,
2015 through 6:00 p.m. January 31, 2016. The safety zone will cover all
navigable waters within 1000 yards ahead of the Dry-Dock RICHLAND and
its towing vessel and 500 yards abeam and 500 yards astern while
transiting Guam waters. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the Dry-Dock RICHLAND and its towing vessel are in
transit. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone during the majority of this
evolution which will impact a small designated area of Apra Harbor,
Guam and the Philippine Sea for less than 24 hours. The transit through
the mouth of the entrance to Apra Harbor will be the most restricted
portion due to the limited space for maneuvering. Moreover, the Coast
Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel
16 about the zone and the rule allows vessels to seek permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
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
section.
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.
[[Page 2751]]
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. 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.
F. 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 (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 a safety zone to be enforced for less than 24 hours that
will prohibit entry within 1000 yards ahead of the Dry-Dock RICHLAND
and its towing vessel and 500 yards abeam and 500 yards astern. It 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 are available in the docket where indicated under
ADDRESSES.
G. 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.
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
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2. Add Sec. 165.T14-1101 to read as follows:
Sec. 165. T14-1101 Safety Zone; RICHLAND, Apra Harbor/Philippine Sea,
GU.
(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, is a moving safety zone: All navigable waters within
1000 yards ahead of the Dry-Dock RICHLAND and its towing vessel and 500
yards abeam and 500 yards astern from departure from Wharf ``P'' to 12
miles from Orote Point, Guam.
(b) Effective period. This section is effective from 8 a.m. on
December 30, 2015 through 6 p.m. on January 31, 2016.
(c) Enforcement period. This section is enforced from the time the
vessel departs Wharf ``P'' until it is 12 miles from Orote Point, Guam.
(d) Regulations. The general regulations governing safety zones
contained in Sec. 165.23 apply. No vessels may enter or transit the
safety zone 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: December 23, 2015.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2016-00863 Filed 1-15-16; 8:45 am]
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