Safety Zone; Navy Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU, 5751-5753 [2018-02648]
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5751
sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Proposed Rules
airspace, and Class E airspace extending
upward from 700 feet or more above the
surface at Greater Binghamton Airport/
Edwin A. Link Field, Binghamton, NY
(formerly Binghamton Regional Airport/
Edwin A. Link Field), due to the
decommissioning of the Binghamton
VORTAC, and cancellation of the VOR
approaches. These changes would
enhance the safety and management of
IFR operations at the airport.
The Class D airspace area would be
amended to within a 4.4-mile radius
(from a 4.3-mile radius) of Greater
Binghamton Airport/Edwin A. Link
Field.
The Class E surface area airspace
would be amended to within a 4.4-mile
radius (increased from a 4.3-mile radius)
of Greater Binghamton Airport/Edwin
A. Link Field. The Binghamton
VORTAC would be removed as it is
being decommissioned. The SMITE
LOM, and ILS Runway 34 Localizer
navigation aids are no longer needed in
the airspace redesign.
The Class E airspace designated as an
extension to a Class D surface area
would be removed as this airspace was
only necessary for the cancelled
approaches. Class E airspace extending
upward from 700 feet above the surface
would be amended to within a 7-mile
radius (initially from a boundary line
formed by the geographic coordinates)
of the airport. The exclusionary
language contained in the legal
description would be removed to
comply with FAA Order 7400.2L,
Procedures for Handling Airspace
Matters. Also, an editorial change would
be made by adding the airport’s
geographic coordinates to the airspace
designation.
The geographic coordinates of the
airport also would be adjusted in the
classes of airspace listed above to
coincide with the FAA’s aeronautical
database, and the airport name would be
updated to Greater Binghamton Airport/
Edwin A. Link Field, formerly
Binghamton Regional Airport/Edwin A.
Link Field.
Class E airspace designations are
published in paragraphs 5000, 6002,
6004, and 6005, respectively, of FAA
Order 7400.11B, dated August 3, 2017,
and effective September 15, 2017, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
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keep them operationally current. It,
therefore: (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017, and
effective September 15, 2017, is
amended as follows:
■
continuously published in the Chart
Supplement.
Paragraph 6002
Airspace.
Class E Surface Area
*
*
*
*
*
AEA NY E2 Binghamton, NY [Amended]
Greater Binghamton Airport/Edwin A. Link
Field, NY
(Lat. 42°12′30″ N, long. 75°58′47″ W)
That airspace extending upward from the
surface within a 4.4-mile radius of Greater
Binghamton Airport/Edwin A. Link Field.
This Class E airspace area is effective during
the specific days and times established in
advance by a Notice to Airmen. The effective
days and times will thereafter be
continuously published in the Chart
Supplement.
Paragraph 6004 Class E Airspace
Designated as an Extension to a Class D
Surface Area.
*
*
*
AEA NY E4
*
*
Binghamton, NY [Removed]
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AEA NY E5 Binghamton, NY [Amended]
Greater Binghamton Airport/Edwin A. Link
Field, NY
(Lat. 42°12′30″ N, long. 75°58′47″ W)
That airspace extending upward from 700
feet above the surface within a 7-mile radius
of Greater Binghamton Airport/Edwin A.
Link Field.
Issued in College Park, Georgia, on January
29, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2018–02140 Filed 2–8–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0651]
Paragraph 5000
Class D Airspace.
RIN 1625–AA00
*
*
Safety Zone; Navy Underwater
Detonation (UNDET) Exercise, Apra
Outer Harbor, GU
*
*
*
AEA NY D Binghamton, NY [Amended]
Greater Binghamton Airport/Edwin A. Link
Field, NY
(Lat. 42°12′30″ N, long. 75°58′47″ W)
That airspace extending upward from the
surface to and including 4,100 feet MSL
within a 4.4-mile radius of Greater
Binghamton Airport/Edwin A. Link Field.
This Class D airspace area is effective during
the specific days and times established in
advance by a Notice to Airmen. The effective
days and times will thereafter be
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Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish two recurring safety zones for
navigable waters of Apra Outer Harbor
and Piti, Guam. The safety zones will
encompass sites designated for U.S.
Navy underwater detonation (UNDET)
SUMMARY:
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Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Proposed Rules
exercises. 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 these exercises. These safety zones
will impact a small designated area of
navigable waters in Apra Harbor and
Piti during periods of times, many of
which are of short duration, on days
requested by the Navy for UNDET
exercises. 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. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 26, 2018. Requests for
public meetings must be received by the
Coast Guard on or before March 6, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0651 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email Petty Officer
Robin Branch, Sector Guam, U.S. Coast
Guard; telephone (671) 355–4835, email
wwmguam@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
sradovich on DSK3GMQ082PROD with PROPOSALS
II. Background, Purpose, and Legal
Basis
U.S. Navy UNDET exercises occur
multiple times throughout the year to
train and prepare personnel for
operational missions. We have
established safety zones for these Navy
UNDETs in past years through a
temporary final rulemaking for each
exercise. For all subsequent exercises,
we propose to establish recurring safety
zones through this regulation to
safeguard the public and exercise
participants within the affected area
from possible safety hazards associated
with the exercises.
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231. The
purpose of these proposed safety zones
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is to protect the public and exercise
participants from possible safety
hazards associated with the exercises.
III. Discussion of Proposed Rule
The COTP proposes to establish these
recurring safety zones for periods of
time, many of which are of short
duration, on days requested by the Navy
for UNDET exercises. The safety zones
will cover all navigable waters within a
700 yard radius above and below the
surface for the Apra Outer Harbor site
and a 700 yard radius above and below
the surface for the Piti site. The duration
of the safety zones are intended to
protect personnel, vessels, and the
marine environment in these navigable
waters during the UNDET exercise.
With the exception of exercise
participants, no vessel or person will be
permitted to enter the safety zones
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analysis
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This 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 zones. Vessel
traffic will be able to safely transit
around these safety zones, which will
impact a small designated area of waters
off of Piti, Guam, and in Apra Outer
Harbor for periods of time, many of
which are of short duration, on days
requested by the Navy for UNDET
exercises. The UNDET exercises occur
approximately 10 times a year, although
additional exercises may be required
based on Navy training needs.
Moreover, the Coast Guard will issue
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Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the safety
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 proposed rule would 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
zones may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would 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
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various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
sradovich on DSK3GMQ082PROD with PROPOSALS
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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 made a
preliminary determination 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 proposed rule
involves two safety zones for periods of
time, many of which are of short
duration, on days requested by the Navy
for UNDET exercises that would
prohibit entry within a 700 yard radius
above and below the surface for the
Apra Outer Harbor site and a 700 yard
radius above and below the surface for
the Piti site. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
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16:06 Feb 08, 2018
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5753
Manual 023–01–001–01, Rev. 01. A
preliminary Record of Environmental
Consideration 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 proposed rule.
requirements, Security measures,
Waterways.
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.
■
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
(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. 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).
(2) Piti, Guam. All waters above and
below the surface bounded by a circle
with a 700-yard radius centered at 13
degrees 29 minutes 03 seconds North
Latitude and 144 degrees 40 minutes 03
seconds East Longitude, (NAD 1983).
(b) Enforcement periods. This section
will be enforced for designated periods
of time, many of which are of short
duration, on days requested by the Navy
for purpose of UNDET exercises.
(c) Regulations. The general
regulations governing safety zones
contained in 33 CFR 165.23 apply. With
the exception of exercise participants,
no vessels may enter or transit safety
zones (a)(1) and no persons in the water
may enter or transit safety zone (a)(2)
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
safety zones.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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,
195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland Security
Delegation No. 0170.1.
■
2. Add § 165.1402 to read as follows:
§ 165.1402 Safety Zone; Navy Underwater
Detonation (UNDET) Exercise, Apra Outer
Harbor, GU.
Dated: December 11, 2017.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
[FR Doc. 2018–02648 Filed 2–8–18; 8:45 am]
BILLING CODE 9110–04–P
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Agencies
[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Proposed Rules]
[Pages 5751-5753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02648]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0651]
RIN 1625-AA00
Safety Zone; Navy Underwater Detonation (UNDET) Exercise, Apra
Outer Harbor, GU
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish two recurring safety
zones for navigable waters of Apra Outer Harbor and Piti, Guam. The
safety zones will encompass sites designated for U.S. Navy underwater
detonation (UNDET)
[[Page 5752]]
exercises. 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 these
exercises. These safety zones will impact a small designated area of
navigable waters in Apra Harbor and Piti during periods of times, many
of which are of short duration, on days requested by the Navy for UNDET
exercises. 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. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before March 26, 2018. Requests for public meetings must be
received by the Coast Guard on or before March 6, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0651 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Robin Branch, Sector
Guam, U.S. Coast Guard; telephone (671) 355-4835, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
U.S. Navy UNDET exercises occur multiple times throughout the year
to train and prepare personnel for operational missions. We have
established safety zones for these Navy UNDETs in past years through a
temporary final rulemaking for each exercise. For all subsequent
exercises, we propose to establish recurring safety zones through this
regulation to safeguard the public and exercise participants within the
affected area from possible safety hazards associated with the
exercises.
The legal basis and authorities for this rule are found in 33
U.S.C. 1231. The purpose of these proposed safety zones is to protect
the public and exercise participants from possible safety hazards
associated with the exercises.
III. Discussion of Proposed Rule
The COTP proposes to establish these recurring safety zones for
periods of time, many of which are of short duration, on days requested
by the Navy for UNDET exercises. The safety zones will cover all
navigable waters within a 700 yard radius above and below the surface
for the Apra Outer Harbor site and a 700 yard radius above and below
the surface for the Piti site. The duration of the safety zones are
intended to protect personnel, vessels, and the marine environment in
these navigable waters during the UNDET exercise. With the exception of
exercise participants, no vessel or person will be permitted to enter
the safety zones without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analysis
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This 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 zones. Vessel traffic will be able
to safely transit around these safety zones, which will impact a small
designated area of waters off of Piti, Guam, and in Apra Outer Harbor
for periods of time, many of which are of short duration, on days
requested by the Navy for UNDET exercises. The UNDET exercises occur
approximately 10 times a year, although additional exercises may be
required based on Navy training needs. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the safety 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
proposed rule would 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 zones may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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
[[Page 5753]]
various levels of government. We have analyzed this proposed rule under
that Order and have determined that it is consistent with the
fundamental federalism principles and preemption requirements described
in Executive Order 13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves two safety
zones for periods of time, many of which are of short duration, on days
requested by the Navy for UNDET exercises that would prohibit entry
within a 700 yard radius above and below the surface for the Apra Outer
Harbor site and a 700 yard radius above and below the surface for the
Piti site. Normally such actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration 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 proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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, 195; 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. 165.1402 to read as follows:
Sec. 165.1402 Safety Zone; Navy Underwater Detonation (UNDET)
Exercise, Apra Outer Harbor, 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. 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).
(2) Piti, Guam. All waters above and below the surface bounded by a
circle with a 700-yard radius centered at 13 degrees 29 minutes 03
seconds North Latitude and 144 degrees 40 minutes 03 seconds East
Longitude, (NAD 1983).
(b) Enforcement periods. This section will be enforced for
designated periods of time, many of which are of short duration, on
days requested by the Navy for purpose of UNDET exercises.
(c) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply. With the exception of exercise
participants, no vessels may enter or transit safety zones (a)(1) and
no persons in the water may enter or transit safety zone (a)(2) 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 safety zones.
Dated: December 11, 2017.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2018-02648 Filed 2-8-18; 8:45 am]
BILLING CODE 9110-04-P