Safety Zone; Navy UNDET, Apra Outer Harbor and Piti, GU, 18696-18698 [2017-08125]

Download as PDF 18696 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Rules and Regulations Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. Refer to MCAI European Aviation Safety Agency (EASA) AD No.: 2014–0269, dated December 11, 2014 for related information. The MCAI can be found in the AD docket on the Internet at: https://www.regulations.gov/ document?D=FAA-2017-0051-0002. (j) Material Incorporated by Reference nlaroche on DSK30NT082PROD with RULES (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Solo Kleinmotoren GmbH Technische Mitteilung (English translation: Service Bulletin), Nr. 4600–5, Ausgabe 2 (English translation: Issue 2), dated December 12, 2014. (ii) Reserved. (3) For Solo Kleinmotoren GmbH service information identified in this AD, contact Solo Kleinmotoren GmbH, Postfach 600152, 71050 Sindelfingen, Germany; telephone: +49 703 1301–0; fax: +49 703 1301–136; email: aircraft@solo-germany.com; Internet: http://aircraft.solo-online.com. (4) You may review this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. In addition, you can access this service information on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA–2017–0051. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Kansas City, Missouri, on April 11, 2017. Brian A. Yanez, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017–07776 Filed 4–20–17; 8:45 am] BILLING CODE 4910–13–P 13:51 Apr 20, 2017 Coast Guard 33 CFR Part 100 [Docket No. USCG–2017–0134] Special Local Regulations; Conch Republic Navy Parade and Battle, Key West, FL Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: (i) Related Information VerDate Sep<11>2014 DEPARTMENT OF HOMELAND SECURITY Jkt 241001 The Coast Guard will enforce the special local regulations for the Conch Republic Navy Parade and Battle in Key West, Florida, from 6:30 p.m. until 8:00 p.m. on April 28, 2017. Our regulation for Recurring Marine Events in Captain of the Port Key West Zone identifies the regulated area for this event. During the enforcement period no person or vessel may enter into, transit through, anchor in, or remain within the regulated area without approval from the Captain of the Port Key West or a designated representative. DATES: The regulations in 33 CFR 100.701 Table 1(c)(7) will be enforced from 6:30 p.m. until 8:00 p.m. on April 28, 2017. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email Lieutenant Scott Ledee, Sector Key West Waterways Management Department, Coast Guard; telephone (305) 292–8768, email Scott.G.Ledee@ uscg.mil. SUMMARY: The Coast Guard will enforce the special local regulations in 33 CFR 100.701 from 6:30 p.m. until 8:00 p.m. on April 28, 2017, for the annual Conch Republic Navy Parade and Battle in Key West, Florida. This action is being taken to provide for the safety of life on the navigable waters of the Key West Harbor during the simulated battle event. Our regulation for Recurring Marine Events in Captain of the Port Key West Zone, § 100.701, Table 1, item (c)(7), specifies the location of the regulated area for the reenactment of the battle within the Key West Harbor. During the enforcement period, no person or vessel may enter, transit through, anchor within, or remain within the established regulated areas without approval from the Captain of the Port Key West or designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 This notice of enforcement is issued under authority of 33 CFR 100.701 and 5 U.S.C. 552(a). The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. If the Captain of the Port Key West determines that the regulated area need not be enforced for the full duration stated in this publication, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. Dated: April 13, 2017. J.A. Janszen, Captain, U.S. Coast Guard, Captain of the Port Key West. [FR Doc. 2017–08036 Filed 4–20–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0214] RIN 1625–AA00 Safety Zone; Navy UNDET, Apra Outer Harbor and Piti, GU Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for underwater detonation operations in the waters of Apra Outer Harbor and Piti, Guam. This rule is effective from 8 a.m. until 4 p.m. on April 27th through April 28th, 2017. 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. SUMMARY: This rule is effective from 8 a.m. until 4 p.m. on April 27 through April 28, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2017– 0214 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 DATES: E:\FR\FM\21APR1.SGM 21APR1 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Rules and Regulations above and below the surface on April 28, 2017. 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. email Chief Kristina Gauthier, Sector Guam, U.S. Coast Guard; telephone (671) 355–4866, email Kristina.M.Gauthier@uscg.mil. 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 § Section UNDET Underwater detonation U.S.C. United States Code nlaroche on DSK30NT082PROD with RULES 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 9, 2017, only 49 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, will be a safety concern for anyone within a 700-yard radius above and below the surface on April 27, 2017 and a 1400-yard radius VerDate Sep<11>2014 13:51 Apr 20, 2017 Jkt 241001 IV. Discussion of the Rule This rule establishes safety zones from 8 a.m. through 4 p.m. on April 27th through April 28th, 2017. The safety zones will cover all navigable waters within a 700-yard radius above and below the surface on April 27, 2017 and a 1400-yard radius above and below the surface on April 28, 2017 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 theses safety zones, which will impact a small designated area of waters off of Piti, Guam, for eight hours for one day and in Apra Outer Harbor for eight hours for one day. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zones and the rule allows vessels to seek permission to enter the zone. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 18697 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 E:\FR\FM\21APR1.SGM 21APR1 18698 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Rules and Regulations 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. nlaroche on DSK30NT082PROD with RULES 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 2 days that will prohibit entry within a 700yard radius above and below the surface on April 27, 2017 and a 1400-yard radius above and below the surface on April 28, 2017 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 VerDate Sep<11>2014 13:51 Apr 20, 2017 Jkt 241001 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 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. 2. Add § 165.T14–0214 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) Apra Outer Harbor, Guam April 27, 2017. All waters above and below the surface bounded by a circle with a 700-yard radius centered at 13 degrees 27 minutes 71 seconds North Latitude and 144 degrees 38 minutes 50 seconds East Longitude, (NAD 1983). (2) Piti Guam April 28, 2017. All waters above and below the surface bounded by a circle with a 1400-yard radius centered at 13 degrees 29 minutes 05 seconds North Latitude and 144 degrees 40 minutes 06 seconds East Longitude, (NAD 1983). (b) Effective period. This section is effective from 8 a.m. through 4 p.m. April 27 through April 28, 2017. (c) Regulations. The general regulations governing safety zones contained in 33 CFR 165.23 apply. Entry into or movement within these zones are prohibited 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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: March 30, 2017. James B. Pruett, Captain, U.S. Coast Guard, Captain of the Port, Guam. [FR Doc. 2017–08125 Filed 4–20–17; 8:45 am] BILLING CODE 9110–04–P POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket Nos. MC2010–21 and CP2010–36] Update to Product Lists Postal Regulatory Commission. Final rule. AGENCY: ACTION: The Commission is updating the product lists. This action reflects a publication policy adopted by Commission order. The referenced policy assumes periodic updates. The updates are identified in the body of this document. The product list, which is re-published in its entirety, includes these updates. DATES: Effective Date: April 21, 2017. Applicability Dates: January 4, 2017, Priority Mail Contract 280 (MC2017–60 and CP2017–88); January 4, 2017, Priority Mail Express & Priority Mail Contract 39 (MC2017–63 and CP2017– 91); January 4, 2017, Priority Mail Contract 281 (MC2017–61 and CP2017– 89); January 4, 2017, Priority Mail Contract 279 (MC2017–59 and CP2017– 87); January 4, 2017, First-Class Package Service Contract 71 (MC2017–62 and CP2017–90); January 5, 2017, Parcel Select Contract 18 (MC2017–65 and CP2017–93); January 5, 2017, Priority Mail Express & Priority Mail Contract 41 (MC2017–67 and CP2017–95); January 5, 2017, Priority Mail Contract 282 (MC2017–68 and CP2017–96); January 5, 2017, Parcel Select Contract 19 (MC2017–66 and CP2017–94); January 5, 2017, Priority Mail Express & Priority Mail Contract 40 (MC2017–64 and CP2017–92); January 6, 2017, First-Class Package Service Contract 72 (MC2017– 70 and CP2017–98); January 6, 2017, Priority Mail Contract 283 (MC2017–69 and CP2017–97); January 9, 2017, SUMMARY: E:\FR\FM\21APR1.SGM 21APR1

Agencies

[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Rules and Regulations]
[Pages 18696-18698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08125]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0214]
RIN 1625-AA00


Safety Zone; Navy UNDET, Apra Outer Harbor and Piti, GU

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
underwater detonation operations in the waters of Apra Outer Harbor and 
Piti, Guam. This rule is effective from 8 a.m. until 4 p.m. on April 
27th through April 28th, 2017. 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 from 8 a.m. until 4 p.m. on April 27 
through April 28, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0214 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

[[Page 18697]]

email Chief Kristina Gauthier, Sector Guam, U.S. Coast Guard; telephone 
(671) 355-4866, email Kristina.M.Gauthier@uscg.mil.

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
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 9, 2017, only 49 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, will be a safety concern for 
anyone within a 700-yard radius above and below the surface on April 
27, 2017 and a 1400-yard radius above and below the surface on April 
28, 2017. 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 
April 27th through April 28th, 2017. The safety zones will cover all 
navigable waters within a 700-yard radius above and below the surface 
on April 27, 2017 and a 1400-yard radius above and below the surface on 
April 28, 2017 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 theses safety zones, which will impact a small 
designated area of waters off of Piti, Guam, for eight hours for one 
day and in Apra Outer Harbor for eight hours for one day. Moreover, the 
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zones 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

[[Page 18698]]

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 lasting 8 hours a day for 2 days that will 
prohibit entry within a 700-yard radius above and below the surface on 
April 27, 2017 and a 1400-yard radius above and below the surface on 
April 28, 2017 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--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.T14-0214 to read as follows:


Sec.  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) Apra Outer Harbor, Guam April 27, 2017. All waters above and 
below the surface bounded by a circle with a 700-yard radius centered 
at 13 degrees 27 minutes 71 seconds North Latitude and 144 degrees 38 
minutes 50 seconds East Longitude, (NAD 1983).
    (2) Piti Guam April 28, 2017. All waters above and below the 
surface bounded by a circle with a 1400-yard radius centered at 13 
degrees 29 minutes 05 seconds North Latitude and 144 degrees 40 minutes 
06 seconds East Longitude, (NAD 1983).
    (b) Effective period. This section is effective from 8 a.m. through 
4 p.m. April 27 through April 28, 2017.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. Entry into or movement within these 
zones are prohibited 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: March 30, 2017.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2017-08125 Filed 4-20-17; 8:45 am]
BILLING CODE 9110-04-P