Safety Zone; TAKE MARU 55 Vessel Salvage; Cocos Island, Merizo, Guam, 48978-48980 [2014-19572]
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48978
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations
Dated: August 1, 2014.
B.A. Cooper,
Captain, U.S. Coast Guard, Acting Captain
of the Port Delaware Bay.
Manager, Docket Operations, at (202)
366–9826 or 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
[FR Doc. 2014–19570 Filed 8–18–14; 8:45 am]
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0721]
RIN 1625–AA00
Safety Zone; TAKE MARU 55 Vessel
Salvage; Cocos Island, Merizo, Guam
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone in support of
vessel salvage operations for the
grounded commercial fishing vessel,
TAKE MARU 55, in the waters west of
Cocos Island. This safety zone will
encompass a 400 yard area centered
around the TAKE MARU 55, located at
approximately 13 degrees 14 minutes 7
seconds North Latitude, 144 degrees 38
minutes 27 seconds East Longitude, the
waters west of Cocos Island (North
American Datum (NAD) 1983).
DATES: This rule is effective without
actual notice from August 19, 2014 until
October 30, 2014. For the purposes of
enforcement, actual notice will be used
from August 2, 2014, until August 19,
2014.
SUMMARY:
Documents indicated in this
preamble are part of docket USCG–
2014–0721. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’
Click on Open Docket Folder on the
line associated with this rulemaking.
You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.
(EST), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Chief Kristina Gauthier, U.S.
Coast Guard Sector Guam at (671) 355–
4866. If you have any questions on
viewing or submitting material to the
docket, call Cheryl Collins Program
wreier-aviles on DSK5TPTVN1PROD with RULES
ADDRESSES:
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14:25 Aug 18, 2014
Jkt 232001
A. Regulatory Information
The Coast Guard is issuing this
temporary final 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 Coast
Guard received notice of the vessel
grounding on July 30, 2014. Due to the
emergent nature of this incident, the
Coast Guard did not have time to issue
a notice of proposed rulemaking.
Under 5 U.S.C. 553(d)(3), for the same
reason mentioned above, the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Due to the late notice and
inherent danger in the salvage of a
grounded vessel, delaying the effective
period of this safety zone would be
contrary to the public interest.
B. Basis and Purpose
The legal basis for this rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 33
CFR 1.05–1, 6.04–6, 160.5; and
Department of Homeland Security
Delegation No. 0170.1.
A safety zone is a water area, shore
area, or water and shore area, for which
access is limited to authorized person,
vehicles, or vessels for safety purposes.
The purpose of this rulemaking is to
protect mariners from the potential
hazards associated with salvage
operations. Approaching too close to
such operations could potentially
expose the mariner to hazardous
conditions.
C. Discussion of Rule
In order to protect the public from the
hazards associated with the grounded
vessel and subsequent salvage
operations, the Coast Guard is
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establishing a temporary safety zone,
effective August 2, 2014 to October 30,
2014. The enforcement period for this
rule is from August 2, 2014 to October
30, 2014.
The safety zone is located within the
Guam COTP Zone (See 33 CFR 3.70–15),
and will cover all waters bounded by a
circle with a 400-yard radius centered
around the TAKE MARU 55, located at
approximately 13 degrees 14 minutes 7
seconds North Latitude, 144 degrees 38
minutes 27 seconds East Longitude,
from the surface of the water to the
ocean floor.
The general regulations governing
safety zones contained in 33 CFR 165.23
apply. Entry into, transit through or
anchoring within this zone is prohibited
unless authorized by the COTP or a
designated representative thereof. Any
Coast Guard commissioned, warrant, or
petty officer, and any other COTP
representative permitted by law, may
enforce the zone. 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
safety. Vessels or persons violating this
rule may be subject to the penalties set
forth in 33 U.S.C. 1232 and/or 50 U.S.C.
192.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. The Coast Guard expects the
economic impact of this rule to be
extremely minimal based on the limited
geographic area affected by it.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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
E:\FR\FM\19AUR1.SGM
19AUR1
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations
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.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule would
affect the following entities, some of
which might be small entities: The
owners or operators of Cocos Island
Resort restricting visitors from this
portion of the zone from August 2, 2014
to October 30, 2014. This rule will be in
effect until all salvage and clean up
operations are completed and vessel
traffic can pass safely around the safety
zone. The safety zone does not
encompass the entirety of Cocos Island
and safe transit is still allowed to Cocos
Island. Further, traffic will be allowed to
pass through the zone with the
permission of the Coast Guard Patrol
Commander who can be reached by
phone at 671–355–4821. During the
effective period, we will issue maritime
advisories widely available to users of
Cocos Island and surrounding waters.
wreier-aviles on DSK5TPTVN1PROD with RULES
3. Assistance for Small Entities
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, above.
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.
4. Collection of Information
This rule calls for no new collection
of information under the Paperwork
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14:25 Aug 18, 2014
Jkt 232001
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
6. 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.
7. 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 or more in any one year.
Though this rule will not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
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48979
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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
(NEPA) (42 U.S.C. 4321–4370f), and
have determined 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
closed area of Cocos Island, to vessel
traffic and water sports above and below
the water, until further notice. This rule
is categorically excluded, under figure
2–1, paragraph (34)(g), of the
Instruction.
List of Subjects 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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;
Public Law 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T14–0721 to read as
follows:
■
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48980
Federal Register / Vol. 79, No. 160 / Tuesday, August 19, 2014 / Rules and Regulations
§ 165.T14–0721 Safety Zone; TAKE MARU
NO. 55 Vessel Salvage, Cocos Island,
Merizo, Guam.
(a) Location. The following area,
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 safety zone: All waters
bounded by a circle with a 400-yard
radius, centered around the TAKE
MARU 55, located at approximately 13
degrees 14 minutes 7 seconds North
Latitude, 144 degrees 38 minutes 27
seconds East Longitude (NAD 1983).
(b) Enforcement period. This rule is
effective without actual notice from
August 19, 2014 until October 30, 2014.
For the purposes of enforcement, actual
notice will be used from August 2, 2014,
until August 19, 2014.
(c) Regulations. The general
regulations governing safety zones
contained in § 165.23 apply. Entry into,
transit through or within this zone is
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 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.
Table of Acronyms
Dated: August 2, 2014.
J.B. Pruett,
Captain, U.S. Coast Guard, Captain of the
Port Guam.
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[FR Doc. 2014–19572 Filed 8–18–14; 8:45 am]
A. Regulatory History and Information
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0704]
wreier-aviles on DSK5TPTVN1PROD with RULES
RIN 1625–AA00
Safety Zone, Aquarium Wedding,
Delaware River; Camden, NJ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Delaware River in
SUMMARY:
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14:25 Aug 18, 2014
Jkt 232001
Camden, NJ. The safety zone will
restrict vessel traffic on a portion of the
Delaware River from operating while a
fireworks event is taking place. This
temporary safety zone is necessary to
protect the surrounding public and
vessels from the hazards associated with
a fireworks display.
DATES: This rule is effective on
September 6, 2014 from 8:30 p.m. to
10:00 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0704]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Lieutenant Brennan
Dougherty, U.S. Coast Guard, Sector
Delaware Bay, Chief Waterways
Management Division, Coast Guard;
telephone (215) 271–4851, email
Brennan.P.Dougherty@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
The Coast Guard is issuing this final
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 as publishing
an NPRM is impracticable given that the
final details for this event were not
received by the Coast Guard until July
12, 2014, and this event is scheduled for
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September 6, 2014. Further, allowing
this event to go forward without a safety
zone in place would expose mariners
and the public to unnecessary dangers
associated with fireworks displays
contrary to the public interest. For the
same reasons, under 5 U.S.C. 553(d)(3),
the Coast Guard finds that good cause
exists for making this rule effective less
than 30 days after publication in the
Federal Register.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Pub. L. 107–295, 116 Stat.
2064; Department of Homeland Security
Delegation No. 0170.1.
On the evening of September 6, 2014,
fireworks will be launched from a barge
with a fall out zone that covers part of
the Delaware River. The Captain of the
Port, Sector Delaware Bay, has
determined that the Aquarium Wedding
Fireworks Display will pose significant
risks to the public. The purpose of the
rule is to promote public and maritime
safety during a fireworks display, and to
protect mariners transiting the area from
the potential hazards associated with a
fireworks display, such as accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris.
C. Discussion of the Final Rule
To mitigate the risks associated with
the Aquarium Wedding Fireworks
Display, the Captain of the Port, Sector
Delaware Bay will enforce a temporary
safety zone in the vicinity of the launch
site. The safety zone will encompass all
waters of the Delaware River within a
130 Yard radius of the fireworks launch
platform in approximate position
39°56′44″ N, 075°08′00″ W in Camden,
NJ. The safety zone will be effective and
enforced from 8:30 p.m. until 10:00 p.m.
on September 6, 2014. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port,
Sector Delaware Bay, or her on-scene
representative. The Captain of the Port,
Sector Delaware Bay, or her on-scene
representative may be contacted via
VHF channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
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]]>Agencies
[Federal Register Volume 79, Number 160 (Tuesday, August 19, 2014)]
[Rules and Regulations]
[Pages 48978-48980]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19572]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0721]
RIN 1625-AA00
Safety Zone; TAKE MARU 55 Vessel Salvage; Cocos Island, Merizo,
Guam
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone in support of
vessel salvage operations for the grounded commercial fishing vessel,
TAKE MARU 55, in the waters west of Cocos Island. This safety zone will
encompass a 400 yard area centered around the TAKE MARU 55, located at
approximately 13 degrees 14 minutes 7 seconds North Latitude, 144
degrees 38 minutes 27 seconds East Longitude, the waters west of Cocos
Island (North American Datum (NAD) 1983).
DATES: This rule is effective without actual notice from August 19,
2014 until October 30, 2014. For the purposes of enforcement, actual
notice will be used from August 2, 2014, until August 19, 2014.
ADDRESSES: Documents indicated in this preamble are part of docket
USCG-2014-0721. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on Open Docket Folder on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m. (EST), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Chief Kristina Gauthier, U.S. Coast Guard Sector
Guam at (671) 355-4866. If you have any questions on viewing or
submitting material to the docket, call Cheryl Collins Program Manager,
Docket Operations, at (202) 366-9826 or 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Regulatory Information
The Coast Guard is issuing this temporary final 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
Coast Guard received notice of the vessel grounding on July 30, 2014.
Due to the emergent nature of this incident, the Coast Guard did not
have time to issue a notice of proposed rulemaking.
Under 5 U.S.C. 553(d)(3), for the same reason mentioned above, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. Due to the
late notice and inherent danger in the salvage of a grounded vessel,
delaying the effective period of this safety zone would be contrary to
the public interest.
B. Basis and Purpose
The legal basis for this rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 33 CFR 1.05-1, 6.04-6, 160.5; and Department of Homeland
Security Delegation No. 0170.1.
A safety zone is a water area, shore area, or water and shore area,
for which access is limited to authorized person, vehicles, or vessels
for safety purposes. The purpose of this rulemaking is to protect
mariners from the potential hazards associated with salvage operations.
Approaching too close to such operations could potentially expose the
mariner to hazardous conditions.
C. Discussion of Rule
In order to protect the public from the hazards associated with the
grounded vessel and subsequent salvage operations, the Coast Guard is
establishing a temporary safety zone, effective August 2, 2014 to
October 30, 2014. The enforcement period for this rule is from August
2, 2014 to October 30, 2014.
The safety zone is located within the Guam COTP Zone (See 33 CFR
3.70-15), and will cover all waters bounded by a circle with a 400-yard
radius centered around the TAKE MARU 55, located at approximately 13
degrees 14 minutes 7 seconds North Latitude, 144 degrees 38 minutes 27
seconds East Longitude, from the surface of the water to the ocean
floor.
The general regulations governing safety zones contained in 33 CFR
165.23 apply. Entry into, transit through or anchoring within this zone
is prohibited unless authorized by the COTP or a designated
representative thereof. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP representative permitted by law, may
enforce the zone. 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 safety. Vessels or persons violating this rule may
be subject to the penalties set forth in 33 U.S.C. 1232 and/or 50
U.S.C. 192.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The Coast Guard expects
the economic impact of this rule to be extremely minimal based on the
limited geographic area affected by it.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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
[[Page 48979]]
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.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would affect the following entities, some of which might be small
entities: The owners or operators of Cocos Island Resort restricting
visitors from this portion of the zone from August 2, 2014 to October
30, 2014. This rule will be in effect until all salvage and clean up
operations are completed and vessel traffic can pass safely around the
safety zone. The safety zone does not encompass the entirety of Cocos
Island and safe transit is still allowed to Cocos Island. Further,
traffic will be allowed to pass through the zone with the permission of
the Coast Guard Patrol Commander who can be reached by phone at 671-
355-4821. During the effective period, we will issue maritime
advisories widely available to users of Cocos Island and surrounding
waters.
3. Assistance for Small Entities
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,
above.
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.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
6. 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.
7. 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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 (NEPA) (42 U.S.C. 4321-4370f), and have determined
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 closed area of Cocos Island, to vessel traffic and
water sports above and below the water, until further notice. This rule
is categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction.
List of Subjects 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; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T14-0721 to read as follows:
[[Page 48980]]
Sec. 165.T14-0721 Safety Zone; TAKE MARU NO. 55 Vessel Salvage, Cocos
Island, Merizo, Guam.
(a) Location. The following area, 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 safety zone: All waters bounded by a circle with
a 400-yard radius, centered around the TAKE MARU 55, located at
approximately 13 degrees 14 minutes 7 seconds North Latitude, 144
degrees 38 minutes 27 seconds East Longitude (NAD 1983).
(b) Enforcement period. This rule is effective without actual
notice from August 19, 2014 until October 30, 2014. For the purposes of
enforcement, actual notice will be used from August 2, 2014, until
August 19, 2014.
(c) Regulations. The general regulations governing safety zones
contained in Sec. 165.23 apply. Entry into, transit through or within
this zone is 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 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: August 2, 2014.
J.B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2014-19572 Filed 8-18-14; 8:45 am]
BILLING CODE 9110-04-P
