[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Rules and Regulations]
[Pages 53922-53924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19372]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0644]
RIN 1625-AA00
Safety Zone; Apra Outer Harbor, Naval Base Guam
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of Apra Harbor, Guam in the vicinity of San Luis
Beach, Sumay Cove and Commadores Cut. The safety zone is needed to
protect personnel, vessels, and the marine environment from vessel
operations in the area. 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 August 15,
2016 through 7 p.m. August 31, 2016. For the purposes of enforcement,
actual notice will be used from 7 a.m. July 31, 2016 through August 15,
2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0644 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, U.S. Coast
Guard; telephone 671-355-4866, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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 operation were not known to the Coast Guard
until there was insufficient time remaining before the event 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 the 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. For the same reasons
discussed in the preceding paragraph, waiting for a 30 day notice
period to run would be impracticable.
[[Page 53923]]
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 has determined that potential
hazards associated with vessel operations starting July 31, 2016 will
be a safety concern for anyone in the vicinity of the operations. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone during
active vessel operations.
IV. Discussion of the Rule
This rule establishes a safety zone from 7 a.m. on July 31, 2016
through 7 p.m. on August 31, 2016. The safety zone will cover all
navigable waters in the vicinity of vessel operations to include waters
off of San Luis Beach out 900 yards then across to Commadores Cut, down
to the Navy Restricted area and along the shore line back to San Luis
Beach, restricting access to Sumay Cove to Navy and Coast Guard
operational responses. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the vessel operations are ongoing. 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 order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 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 Executive Order 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. Vessel traffic will be able to safely transit
around this safety zone which will impact a small designated area of
Apra Outer Harbor in Naval Base Guam for four days of the 32 day window
and vessel traffic in this area is normally low. 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.
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 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. 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 32 days with an expected
enforcement of only 4 days that will prohibit entry of vessels to all
navigable waters in the vicinity of vessel operations to include waters
off of San Luis Beach out 900 yards then across to Commadores Cut, down
to the Navy
[[Page 53924]]
Restricted area and along the shore line back to San Luis Beach and
restricting access to Sumay Cove to Navy and Coast Guard operational
responses. 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--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(g),
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T14-0644 to read as follows:
Sec. 165. T14-0644 Safety Zone; Apra Outer Harbor, Naval Base Guam.
(a) Location. The following areas comprise a safety zone within the
Guam Captain of the Port (COTP) Zone (See 33 CFR 3.70-15): All
navigable waters bounded by an imaginary line starting at
13[deg]26'34'' N., 144[deg]38'44'' E. at San Luis Beach; thence 900
yards to 13[deg]26'57'' N., 144[deg]38'44'' E.; thence to
13[deg]26'57'' N., 144[deg]39'31'' E. across Commadores Cut; thence to
13[deg]26'42'' N., 144[deg]39'45'' E. at the Navy Restricted area;
thence to 13[deg]26'36'' N., 144[deg]39'45'' E. at Guam Shipyard; and
then along the shore line back to San Luis Beach, restricting access to
Sumay Cove to Navy and Coast Guard operational responses. All
coordinates are NAD 83.
(b) Effective dates and enforcement period. This rule is effective
without actual notice from August 15, 2016 through 7 p.m. August 31,
2016. For the purposes of enforcement, actual notice will be used from
7 a.m. July 31, 2016 through August 15, 2016 and this rule is enforced
from the time vessel operations begin until they are completed.
(c) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply. No vessels may enter or transit
safety zone 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 temporary 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: July 14, 2016.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2016-19372 Filed 8-12-16; 8:45 am]
BILLING CODE 9110-04-P