Safety Zone; Navy Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU, 29751-29753 [2017-13853]
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
(1) All persons are required to comply
with the general regulations governing
safety zones found in § 165.23.
(2) Entry into or remaining in this
safety zone is prohibited unless
authorized by the Coast Guard Captain
of the Port Maryland-National Capital
Region. All vessels underway within
this safety zone at the time it is
implemented shall depart the safety
zone.
(3) Persons desiring to transit the area
of the safety zone must first obtain
authorization from the Captain of the
Port Maryland-National Capital Region
or designated representative. To request
permission to enter or transit the
regulated area, the Captain of the Port
Maryland-National Capital Region or
designated representatives can be
contacted at telephone number 410–
576–2693 or on Marine Band Radio
VHF–FM channel 16 (156.8 MHz). The
Coast Guard vessels enforcing this
section can be contacted on Marine
Band Radio VHF–FM channel 16 (156.8
MHz). Upon being hailed by a U.S.
Coast Guard vessel, or other Federal,
State, or local agency vessel, by siren,
radio, flashing light or other means, the
operator of a vessel shall proceed as
directed. If permission is granted to
enter the safety zone, all persons and
vessels must comply with the
instructions of the Captain of the Port
Maryland-National Capital Region or
designated representative and proceed
as directed while in the zone.
(4) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
agencies.
(d) Enforcement period. This section
will be enforced from 8 p.m. through
10:30 p.m. on July 3, 2017, and if
necessary due to inclement weather,
from 8 p.m. through 10:30 p.m. on July
7, 2017.
Dated: June 22, 2017.
M.W. Batchelder,
Commander, U.S. Coast Guard, Acting
Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2017–13767 Filed 6–29–17; 8:45 am]
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BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0502]
RIN 1625–AA00
Safety Zone; Navy Underwater
Detonation (UNDET) Exercise, Apra
Outer Harbor, GU
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within Apra Outer
Harbor, Guam. The safety zone will
encompass a U.S. Navy underwater
detonation (UNDET) exercise. The Coast
Guard believes this safety zone
regulation is necessary to protect the
public and exercise participants within
the affected area from possible safety
hazards associated with the exercise.
This safety zone will impact a small
designated area of navigable waters in
Apra Harbor for 8 hours or less. With
the exception of exercise participants,
entry of vessels or persons into the zone
is prohibited unless specifically
authorized by the Captain of the Port
Guam.
SUMMARY:
This rule is effective from 8 a.m.
through 4 p.m. on July 13th, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0502 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 Petty Officer Robin Branch, Sector
Guam, U.S. Coast Guard; telephone
(671) 355–4835, email wwmguam@
uscg.mil.
DATES:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
After the Coast Guard analyzed the
scope and potential impacts associated
with a temporary safety zone being
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17:26 Jun 29, 2017
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29751
established, 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 and contrary
to public interest. To delay
implementation of the safety zone past
the exercise date of July 13th, 2017 to
publish and seek public comment is
impracticable as it would unavoidably
prevent the Coast Guard from ensuring
the safety of the public and exercise
participants from potential hazards
associated with the exercise. It is for the
same reason good cause exists under the
public interest exception to the required
public comment period. It is in the
public’s interest the safety zone be
established prior to notice and comment
to ensure the safety zone is in place for
the UNDET exercise on July 13th, 2017.
For the same reasons as noted above,
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 potential dangers associated with
the UNDET exercise, delaying the
effective period of this safety zone
beyond July 13th, 2017 would be
impracticable and contrary to public
interest. The temporary final rule and
resulting restricted navigation area
established by this rulemaking relates to
the establishment of the safety zone
itself. It does not address or regulate the
UNDET exercise. The U.S. Navy
environmental impact statement and
public involvement for the UNDET
activity is available at https://mitteis.com/.
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 concurs with
the U.S. Navy that potential hazards
associated with the UNDET exercise on
July 13th, 2017 may be a safety concern
for anyone within a 700-yard radius
above and below the surface in the area
of the operation. This rule is needed to
protect the public, exercise participants
and vessels in the navigable waters
within the safety zone during the
exercise. Mariners and divers
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
approaching too close to such exercises
could potentially be exposed to
hazardous conditions or place the
exercise participants at risk.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8 a.m. through 4 p.m. on July 13th,
2017. The safety zone will cover all
navigable waters within 700-yards
above and below the surface of the
water around the UNDET exercise. The
duration of the zone is intended to
protect the public, exercise participants
and vessels in navigable waters during
the exercise. No vessel or person, with
the exception of exercise participants,
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative.
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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
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 NPRM has not
been designated a ‘‘significant
regulatory action’’ under Executive
Order 12866. Accordingly, the NPRM
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 and
duration of the safety zone. Vessel
traffic will be able to safely transit
around this safety zone which will
impact a small designated area of waters
in the outer harbor for 8 hours or less.
Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone.
Further, the rule allows vessels and
persons 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
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17:26 Jun 29, 2017
Jkt 241001
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 (Public Law 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 E.O 13132.
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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 the establishment of a
safety zone 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 up to eight
hours that will prohibit entry within
700-yards above and below the surface
of the UNDET exercise. It is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. A
Record of Environmental Consideration
(REC) supporting this determination is
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
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
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
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.
2. Add § 165.T14–0502 to read as
follows:
■
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165. T14–0502 Safety Zone; Navy UNDET
Exercise, Apra Outer Harbor, GU.
(a) Location. The following areas,
within the Captain of the Port (COTP)
Guam Zone (See 33 CFR 3.70–15), from
the surface of the water to the ocean
floor, are safety zones:
Apra Outer Harbor, Guam July 13,
2017. All waters above and below the
surface bounded by a circle with a 700yard radius centered at 13 degrees 27
minutes 42 seconds North Latitude and
144 degrees 38 minutes 30 seconds East
Longitude, (NAD 1983).
(b) Effective period. This section is
effective from 8 a.m. through 4 p.m. on
July 13th, 2017, unless canceled earlier
by the COTP Guam.
(c) Regulations. The general
regulations governing safety zones
contained in 33 CFR 165.23 apply. No
vessels, with the exception of exercise
participants may enter or transit the
safety zone and no persons in the water,
with the exception of exercise
participants may enter or transit the
safety zone unless authorized by the
COTP Guam or a designated
representative thereof.
(d) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer,
and any other COTP Guam
representative permitted by law, may
enforce this temporary safety zones.
(e) Waiver. The COTP Guam 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
safety and 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.
17:26 Jun 29, 2017
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[FR Doc. 2017–13853 Filed 6–29–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2017–0612]
1. The authority citation for part 165
continues to read as follows:
■
VerDate Sep<11>2014
Dated: June 8, 2017.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
Safety Zone; Fourth of July Fireworks,
Glenbrook NV
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the Fourth of July
Fireworks display in the Captain of the
Port, San Francisco area of
responsibility during the dates and
times noted below. This action is
necessary to protect the life and
property of the maritime public from the
hazards associated with the fireworks
display. During the enforcement period,
unauthorized persons or vessels are
prohibited from entering into, transiting
through, or anchoring in the safety zone,
unless authorized by the Patrol
Commander (PATCOM).
DATES: The regulations in 33 CFR
165.1191, Table 1, Item number 16 will
be enforced from 7 a.m. through 10:30
p.m. on July 4, 2017.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice of
enforcement, call or email Lieutenant
Junior Grade Christina Ramirez, U.S.
Coast Guard Sector San Francisco;
telephone (415) 399–2001 or email at
D11-PF-MarineEvents@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a safety zone in
navigable waters around and under a
fireworks barge within a radius of 100
feet during the loading of the fireworks
barge and until the start of the fireworks
display. From 7 a.m. until 8 a.m. on July
4, 2017, the fireworks barge will be
loading pyrotechnics at the launch site
in Glenbrook Bay in approximate
position 39°05′18″ N., 119°56′34″ W.
(NAD 83). The fireworks barge will
remain at the launch site in Glenbrook
Bay in approximate position 39°05′18″
N., 119°56′34″ W. (NAD 83) until the
commencement of the fireworks
display. Upon the commencement of the
20 minute fireworks display, scheduled
to begin at approximately 9:30 p.m. on
SUMMARY:
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29753
July 4, 2017, the safety zone will
increase in size and encompass the
navigable waters around and under the
fireworks barge within a radius 1,000
feet in approximate position 39°05′18″
N., 119°56′34″ W. (NAD 83). Upon the
conclusion of the fireworks display the
safety zone shall terminate. This safety
zone will be in effect from 7 a.m. until
approximately 10:30 p.m. on July 4,
2017.
Under the provisions of 33 CFR
165.1191, unauthorized persons or
vessels are prohibited from entering
into, transiting through, or anchoring in
the safety zone during all applicable
effective dates and times, unless
authorized to do so by the PATCOM.
Additionally, each person who receives
notice of a lawful order or direction
issued by an official patrol vessel shall
obey the order or direction. The
PATCOM is empowered to forbid entry
into and control the regulated area. The
PATCOM shall be designated by the
Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon
request, allow the transit of commercial
vessels through regulated areas when it
is safe to do so.
This notice of enforcement is issued
under authority of 33 CFR 165.1191 and
5 U.S.C. 552(a). In addition to this
notification in the Federal Register, the
Coast Guard will provide the maritime
community with extensive advance
notification of the safety zone and its
enforcement period via the Local Notice
to Mariners.
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notification, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the regulated area.
Dated: May 23, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2017–13844 Filed 6–29–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2017–0616]
Safety Zone; Commencement Bay,
Tacoma, WA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
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Agencies
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29751-29753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13853]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0502]
RIN 1625-AA00
Safety Zone; Navy Underwater Detonation (UNDET) Exercise, Apra
Outer Harbor, GU
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within Apra Outer Harbor, Guam. The safety zone will
encompass a U.S. Navy underwater detonation (UNDET) exercise. The Coast
Guard believes this safety zone regulation is necessary to protect the
public and exercise participants within the affected area from possible
safety hazards associated with the exercise. This safety zone will
impact a small designated area of navigable waters in Apra Harbor for 8
hours or less. With the exception of exercise participants, entry of
vessels or persons into the zone is prohibited unless specifically
authorized by the Captain of the Port Guam.
DATES: This rule is effective from 8 a.m. through 4 p.m. on July 13th,
2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0502 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 Petty Officer Robin Branch, Sector Guam, U.S. Coast
Guard; telephone (671) 355-4835, email wwmguam@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
After the Coast Guard analyzed the scope and potential impacts
associated with a temporary safety zone being established, 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 and
contrary to public interest. To delay implementation of the safety zone
past the exercise date of July 13th, 2017 to publish and seek public
comment is impracticable as it would unavoidably prevent the Coast
Guard from ensuring the safety of the public and exercise participants
from potential hazards associated with the exercise. It is for the same
reason good cause exists under the public interest exception to the
required public comment period. It is in the public's interest the
safety zone be established prior to notice and comment to ensure the
safety zone is in place for the UNDET exercise on July 13th, 2017.
For the same reasons as noted above, 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 potential dangers associated with the
UNDET exercise, delaying the effective period of this safety zone
beyond July 13th, 2017 would be impracticable and contrary to public
interest. The temporary final rule and resulting restricted navigation
area established by this rulemaking relates to the establishment of the
safety zone itself. It does not address or regulate the UNDET exercise.
The U.S. Navy environmental impact statement and public involvement for
the UNDET activity is available at https://mitt-eis.com/.
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 concurs with the U.S. Navy that
potential hazards associated with the UNDET exercise on July 13th, 2017
may be a safety concern for anyone within a 700-yard radius above and
below the surface in the area of the operation. This rule is needed to
protect the public, exercise participants and vessels in the navigable
waters within the safety zone during the exercise. Mariners and divers
[[Page 29752]]
approaching too close to such exercises could potentially be exposed to
hazardous conditions or place the exercise participants at risk.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 a.m. through 4 p.m. on
July 13th, 2017. The safety zone will cover all navigable waters within
700-yards above and below the surface of the water around the UNDET
exercise. The duration of the zone is intended to protect the public,
exercise participants and vessels in navigable waters during the
exercise. No vessel or person, with the exception of exercise
participants, 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 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
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 NPRM has not been
designated a ``significant regulatory action'' under Executive Order
12866. Accordingly, the NPRM 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
and duration of the safety zone. Vessel traffic will be able to safely
transit around this safety zone which will impact a small designated
area of waters in the outer harbor for 8 hours or less. Moreover, the
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone. Further, the rule allows vessels and persons
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 (Public Law 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 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 the
establishment of a safety zone 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 up to eight hours
that will prohibit entry within 700-yards above and below the surface
of the UNDET exercise. It is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A
Record of Environmental Consideration (REC) supporting this
determination is 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
[[Page 29753]]
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.T14-0502 to read as follows:
165. T14-0502 Safety Zone; Navy UNDET Exercise, Apra Outer Harbor, GU.
(a) Location. The following areas, within the Captain of the Port
(COTP) Guam Zone (See 33 CFR 3.70-15), from the surface of the water to
the ocean floor, are safety zones:
Apra Outer Harbor, Guam July 13, 2017. All waters above and below
the surface bounded by a circle with a 700-yard radius centered at 13
degrees 27 minutes 42 seconds North Latitude and 144 degrees 38 minutes
30 seconds East Longitude, (NAD 1983).
(b) Effective period. This section is effective from 8 a.m. through
4 p.m. on July 13th, 2017, unless canceled earlier by the COTP Guam.
(c) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply. No vessels, with the exception of
exercise participants may enter or transit the safety zone and no
persons in the water, with the exception of exercise participants may
enter or transit the safety zone unless authorized by the COTP Guam or
a designated representative thereof.
(d) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other COTP Guam representative permitted by law, may
enforce this temporary safety zones.
(e) Waiver. The COTP Guam 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 safety and 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: June 8, 2017.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2017-13853 Filed 6-29-17; 8:45 am]
BILLING CODE 9110-04-P