[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Rules and Regulations]
[Pages 38257-38259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16754]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0194]
RIN 1625-AA00
Safety Zone; Philippine Sea, Tinian
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters off of Chulu and Babui beaches in Tinian. The Coast
Guard believes this safety zone is necessary to protect all divers
participating in this
[[Page 38258]]
underwater military exercise from potential safety hazards associated
with vessel traffic in the area. This safety zone will prohibit persons
and vessels not involved in the exercise from being in the safety zone
unless authorized by the Captain of the Port Guam (COTP) or a
designated representative.
DATES: This rule is effective from 5 p.m. on September 10, 2018, to 5
a.m. on September 11, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0194 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 Todd Wheeler, Sector Guam Waterways Management
Division, 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The purpose of this rulemaking is to ensure the safety of divers in
the water during an underwater military exercise in support of the
biennial Exercise Valiant Shield from 5 p.m. on September 10, 2018 to 5
a.m. on September 11, 2018.
In response, on May 1, 2018, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone; Philippine Sea, Tinian
(83 FR 19025-19026). There, we stated why we issued the NPRM and
requested comments on our proposed regulatory action related to this
safety zone. During the comment period that ended May 31, 2018, we
received no comments.
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 exercise will be a safety concern. The
purpose of this rule is to protect all divers participating in this
underwater military exercise from potential safety hazards associated
with vessel traffic in the area.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
1, 2018. The Exercise Valiant Shield coordinator did send an updated
time and coordinates for where and when the divers will enter the
water. The safety zone has moved approximately one mile northeast of
the previous safety zone that was proposed in the NPRM. Also the time
has moved up by one hour. The changes are reflected in the regulatory
text of this rule.
This rule establishes a safety zone from 5 p.m. on September 10,
2018 to 5 a.m. on September 11, 2018. The safety zone will cover all
navigable waters two miles off Chulu and Babui beaches in Tinian. This
safety zone is necessary to protect all divers participating in this
underwater military exercise from potential safety hazards associated
with vessel traffic in the area. This proposed rulemaking would
prohibit persons and vessels not involved in the exercise from being in
the safety zone unless authorized by the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders 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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time of day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow 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 received no comments from the Small Business
Administration on this 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.
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
[[Page 38259]]
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.
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
Directive 023-01 and Commandant Instruction M16475.1D, 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 vessel traffic would be able to safely transit around. It
is categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
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.
0
2. Add Sec. 165.T14-0194 to read as follows:
Sec. 165.T14-0194 Safety Zone; Philippine Sea, Tinian.
(a) Location. The following area is a safety zone: All waters off
of Chulu and Babui Beach, Tinian, from surface to bottom, encompassed
by a line connecting the following points beginning at 15[deg]04'34''
N, 145[deg]37'03'' E, thence to 15[deg]05'17'' N, 145[deg]36'30'' E,
thence to 15[deg]05'42'' N, 145[deg]36'54'' E, thence to 15[deg]05'03''
N, 145[deg]37'36'' E, and along the shore line back to the beginning
point. These coordinates are based on NAD 1983.
(b) Regulations. (1) The general regulations governing safety zones
contained in Sec. 165.23 apply. This proposed rulemaking would
prohibit persons and vessels not involved in the exercise from being in
the safety zone unless authorized by the Captain of the Port (COTP)
Guam or a designated representative.
(2) To seek permission to enter, contact the COTP Guam or the
COTP's representative by VHF channel 16 or by telephone at 671-355-
4821. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(c) Enforcement period. This section will be enforced from 5 p.m.
on September 10, 2018, to 5 a.m. on September 11, 2018.
Dated: July 13, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2018-16754 Filed 8-3-18; 8:45 am]
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