Safety Zone; Navy Underwater Detonation (UNDET) Exercises, GU, 23367-23369 [2018-10823]
Download as PDF
Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations
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 Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
sradovich on DSK3GMQ082PROD with RULES
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting one hour that will prohibit
entry into a designated area. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
VerDate Sep<11>2014
15:54 May 18, 2018
Jkt 244001
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
23367
(4) Vessel operators shall contact the
COTP or his on-scene representative to
obtain permission to enter or operate
within the safety zone. The COTP or his
on-scene representative may be
contacted via VHF Channel 16 or at
(313) 568–9464. Vessel operators given
permission to enter or operate in the
regulated area must comply with all
directions given to them by the COTP or
his on-scene representative.
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.
Dated: May 3, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
List of Subjects in 33 CFR Part 165
[FR Doc. 2018–10771 Filed 5–18–18; 8:45 am]
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:
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0384 to read as
follows:
■
§ 165.T09–0384 Safety Zone; St. Clair
Shores Fireworks, Lake St. Clair, St. Clair
Shores, MI.
(a) Location. A safety zone is
established to include all U.S. navigable
waters of Lake St. Clair, St. Clair Shores,
MI, within a 700-foot radius of position
42°31.6′ N, 082°52.03′ W (NAD 83).
(b) Enforcement period. The regulated
area described in paragraph (a) will be
enforced from 10 p.m. until 11 p.m. on
June 22, 2018. In the case of inclement
weather on June 22, 2018, this safety
zone will be enforced from 10 p.m. to
11 p.m. on June 23, 2018.
(c) Regulations. (1) No vessel or
person may enter, transit through, or
anchor within the safety zone unless
authorized by the Captain of the Port
Detroit (COTP), or his on-scene
representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
COTP is any Coast Guard
commissioned, warrant or petty officer
or a Federal, State, or local law
enforcement officer designated by or
assisting the Captain of the Port Detroit
to act on his behalf.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0651]
RIN 1625–AA00
Safety Zone; Navy Underwater
Detonation (UNDET) Exercises, GU
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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)
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.
DATES: This rule is effective June 20,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0651 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
SUMMARY:
E:\FR\FM\21MYR1.SGM
21MYR1
23368
Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations
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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
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.
In response, on February 9, 2018, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Navy Underwater
Detonation (UNDET) Exercise, Apra
Outer Harbor, GU (83 FR 5751–5753). In
the NPRM, we stated the purpose and
need for the safety zone, and invited
comments on our proposed regulatory
action related to these safety zones.
During the comment period that ended
March 26, 2018, we received 2
comments in support of the proposed
rule.
sradovich on DSK3GMQ082PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Guam (COTP) has
determined that potential hazards
associated with the UNDET exercises
will be a safety concern for anyone
within a 700 yard radius around the two
locations with the exception of exercise
participants. The purpose of these safety
zones is to protect the public and
exercise participants from possible
safety hazards associated with the
exercises.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received two
comments on our NPRM published
February 9, 2018. Both comments
supported the rule, and proposed no
changes. The only change made will be
to the title of the rule. The original title
from the proposed rule in the NPRM
VerDate Sep<11>2014
15:54 May 18, 2018
Jkt 244001
was ‘‘Safety Zone; Navy Underwater
Detonation (UNDET) Exercise, Apra
Outer Harbor, GU’’. The title will be
changed to ‘‘Safety Zone; Navy
Underwater Detonation (UNDET)
Exercises, GU’’ which better reflects the
rule. There are no changes in the
regulatory text of this rule from the
NPRM.
The COTP proposed to establish two
recurring safety zones for certain
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 UNDET site and a 700 yard
radius above and below the surface for
the UNDET Piti site. The duration of the
safety zones is 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.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, 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 certain 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
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
additional exercises may be required
based on Navy training needs.
Moreover, the Coast Guard will issue a
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 received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A. above,
this rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
E:\FR\FM\21MYR1.SGM
21MYR1
Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations
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 Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
sradovich on DSK3GMQ082PROD with RULES
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
establishing two recurring safety zones
for periods of time, many of which are
of short duration, on days requested by
the Navy for UNDET exercises that will
prohibit entry within 700 yards radius
above and below the surface for the
Apra Outer Harbor UNDET site and a
VerDate Sep<11>2014
15:54 May 18, 2018
Jkt 244001
700 yard radius above and below the
surface for the Piti UNDET site. It is
categorically excluded from further
review under paragraph L[37] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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) Exercises, 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
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
23369
contained in § 165.23 apply. With the
exception of exercise participants, no
vessels may enter or transit safety zones
in paragraph (a)(1) of this section and no
persons in the water may enter or transit
the safety zone in paragraph (a)(2) of
this section 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: April 27, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
[FR Doc. 2018–10823 Filed 5–18–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0425]
RIN 1625–AA00
Safety Zone; Bay-Rama Fish Fly
Festival, Lake St. Clair, New Baltimore,
MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 900-foot
radius of a portion of Lake St. Clair,
New Baltimore, MI. This zone is
necessary to protect spectators and
vessels from potential hazards
associated with the Bay-Rama Fish Fly
Festival Fireworks.
DATES: This temporary final rule is
effective from 10 p.m. on June 21, 2018
through 11 p.m. on June 22, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0425 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 temporary
rule, call or email Tracy Girard,
Prevention Department, Sector Detroit,
Coast Guard; telephone 313–568–9564,
or email Tracy.M.Girard@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\21MYR1.SGM
21MYR1
Agencies
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23367-23369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10823]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0651]
RIN 1625-AA00
Safety Zone; Navy Underwater Detonation (UNDET) Exercises, GU
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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) 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.
DATES: This rule is effective June 20, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0651 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or
[[Page 23368]]
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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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.
In response, on February 9, 2018, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Safety Zone; Navy
Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU (83 FR
5751-5753). In the NPRM, we stated the purpose and need for the safety
zone, and invited comments on our proposed regulatory action related to
these safety zones. During the comment period that ended March 26,
2018, we received 2 comments in support of the proposed rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Guam (COTP) has determined that potential
hazards associated with the UNDET exercises will be a safety concern
for anyone within a 700 yard radius around the two locations with the
exception of exercise participants. The purpose of these safety zones
is to protect the public and exercise participants from possible safety
hazards associated with the exercises.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received two comments on our NPRM published
February 9, 2018. Both comments supported the rule, and proposed no
changes. The only change made will be to the title of the rule. The
original title from the proposed rule in the NPRM was ``Safety Zone;
Navy Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU''.
The title will be changed to ``Safety Zone; Navy Underwater Detonation
(UNDET) Exercises, GU'' which better reflects the rule. There are no
changes in the regulatory text of this rule from the NPRM.
The COTP proposed to establish two recurring safety zones for
certain 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 UNDET site and a 700 yard radius
above and below the surface for the UNDET Piti site. The duration of
the safety zones is 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, 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 certain 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 a 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the
[[Page 23369]]
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 Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
establishing two recurring safety zones for periods of time, many of
which are of short duration, on days requested by the Navy for UNDET
exercises that will prohibit entry within 700 yards radius above and
below the surface for the Apra Outer Harbor UNDET site and a 700 yard
radius above and below the surface for the Piti UNDET site. It is
categorically excluded from further review under paragraph L[37] of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 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)
Exercises, 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 Sec. 165.23 apply. With the exception of exercise
participants, no vessels may enter or transit safety zones in paragraph
(a)(1) of this section and no persons in the water may enter or transit
the safety zone in paragraph (a)(2) of this section 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: April 27, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2018-10823 Filed 5-18-18; 8:45 am]
BILLING CODE 9110-04-P