[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Rules and Regulations]
[Pages 29772-29774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11361]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0274]
RIN 1625-AA00
Safety Zone; Navy UNDET, Apra Outer Harbor and Piti, GU
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
underwater detonation operations in the waters of Apra Outer Harbor and
Piti, Guam. 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 areas from possible safety hazards
associated with underwater detonation operations. Entry of vessels or
persons into these zones is prohibited unless specifically authorized
by the Captain of the Port Guam.
DATES: This rule is effective without actual notice from May 13, 2016
until May 16, 2016. For the purposes of enforcement, actual notice will
be used from May 10, 2016, until May 13, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0274 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, Sector Guam, U.S. Coast Guard;
(671) 355-4866, [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
[[Page 29773]]
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
UNDET Underwater detonation
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 and
contrary to public interest. The Coast Guard received notice of this
operation on March 10, 2015, only 62 days before the operation is
scheduled. As a result, the Coast Guard did not have time to issue a
notice of proposed rulemaking. 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.
We are issuing this rule, and 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. Due to the late notice
and inherent danger in underwater exercises, delaying the effective
period of this safety zone would be contrary to the public interest.
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 U.S. Navy training exercise, which include
detonation of underwater explosives on May 10th through 13th and 16th,
2016, will be a safety concern for anyone within a 700-yard radius on
the surface and 1400-yard radius underwater of the operation. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone during the exercise.
Mariners and divers approaching too close to such exercises could
potentially expose the mariner to flying debris or other hazardous
conditions.
IV. Discussion of the Rule
This rule establishes safety zones from 8 a.m. through 4 p.m. on
May 10th through 13th and 16th, 2016. The safety zones will cover all
navigable waters within 700 yards on the surface and 1400 yards
underwater of vessels and machinery being used by Navy. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters during the underwater detonation
exercise. No vessel or person will be permitted to enter the safety
zones 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 which will impact a small
designated area of in waters off of Piti Guam, for 8 hours for 3 days
and in Apra Outer Harbor for 8 hours for 3 days. 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 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.
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
[[Page 29774]]
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 lasting 8 hours a day for 5 days that will
prohibit entry within 700 yards on the surface and 1400 underwater of
vessels and machinery being used by Navy personnel. 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. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
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 record-
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--SAFETY ZONE; NAVY UNDET, APRA OUTER HARBOR AND PITI, GU.
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-
1(g), 6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T14-0274 to read as follows:
165. T14-0274 Safety Zone; Navy UNDET, Apra Outer Harbor and Piti, 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, are safety zones:
(1) Piti Guam May 10th through 12th. All surface waters bounded by
a circle with a 700-yard radius and all underwater areas bounded by a
circle with a 1400 yard radius centered at 13 degrees 29 minutes 03
seconds North Latitude and 144 degrees 40 minutes 03 seconds East
Longitude, (NAD 1983).
(2) Apra Outer Harbor, Guam May 12th through 13th and 16th. All
surface waters bounded by a circle with a 700-yard radius and all
underwater areas bounded by a circle with a 1400 yard radius centered
at 13 degrees 27 minutes 42 seconds North Latitude and 144 degrees 38
minutes 30 seconds East Longitude, (NAD 1983).
(b) Enforcement period. This section will be enforced from 8 a.m.
through 4 p.m. on May 10th through 13th and 16th, 2016.
(c) Regulations. The general regulations governing safety zones
contained in Sec. 165.23 apply. No vessels may enter or transit safety
zones (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.
(d) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce these temporary safety zones.
(e) 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.
(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: April 28, 2016.
James C. Campbell,
Commander, U.S. Coast Guard, Acting Captain of the Port, Guam.
[FR Doc. 2016-11361 Filed 5-12-16; 8:45 am]
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