Safety Zone; Philippine Sea, Tinian, 38257-38259 [2018-16754]
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Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations
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:
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
[Docket No. USCG–2018–0692]
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.T05–0615 to read as
follows:
■
sradovich on DSK3GMQ082PROD with RULES
Safety Zones; Annual Events
Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone—
Menominee Waterfront Festival
Fireworks
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
§ 165.T05–0615 Safety Zone; Fireworks,
Little Egg Harbor, Long Beach, NJ.
ACTION:
(a) Location. The following area is a
safety zone: all waters of Little Egg
Harbor off Long Beach, NJ, within 200
yards of the barge anchored in position
39°37′08.34″ N, 074°12′25.60″ W. All
coordinates are based on Datum NAD
1983.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port (COTP), Delaware Bay in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s representative via VHF–FM
channel 16 or 215–271–4807. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
Jkt 244001
Coast Guard
33 CFR Part 165
■
16:05 Aug 03, 2018
Dated: July 31, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2018–16694 Filed 8–3–18; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This zone
will be enforced from approximately
8:30 p.m. through 9:30 p.m. on August
7, 2018.
The Coast Guard will enforce
a safety zone on Green Bay in
Menominee, MI. This action is
necessary and intended to protect the
safety of life and property on navigable
waters before, during, and immediately
after a shore based firework display.
During the enforcement period listed
below, vessels and persons are
prohibited from transiting through,
mooring, or anchoring within this safety
zone without approval from the Captain
of the Port Lake Michigan or his or her
designated representative.
DATES: The regulations in 33 CFR
165.929(f)(7) will be enforced from 9:30
p.m. through 10 p.m. on August 4, 2018.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email MSTC
Kaleena Carpino, Marine Event
Coordinator, U.S. Coast Guard Sector
Lake Michigan; telephone 414–747–
7148, email D09-SMBSECLakeMichigan-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the Safety Zone;
Waterfront Festival Fireworks listed as
item (f)(7) in Table 165.929 of 33 CFR
165.929. Section 165.929 lists annual
events requiring safety zones in the
Captain of the Port Lake Michigan zone.
SUMMARY:
PO 00000
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Fmt 4700
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38257
This safety zone will encompass all
waters of Green Bay within an 1,000
foot radius from approximate launch
position at 45°06.040 N 087°36.054 W
(NAD, 83). This safety zone will be
enforced from 9:30 p.m. through 10 p.m.
on August 4, 2018.
Pursuant to 33 CFR 165.929, entry
into, transiting, or anchoring within the
safety zone during an enforcement
period is prohibited unless authorized
by the Captain of the Port Lake
Michigan, or his or her designated onscene representative. Those seeking
permission to enter the safety zone may
request permission from the Captain of
Port Lake Michigan via Channel 16,
VHF–FM. Vessels and persons granted
permission to enter the safety zone shall
obey the directions of the Captain of the
Port Lake Michigan or his or her
designated representative. While within
a safety zone, all vessels shall operate at
the minimum speed necessary to
maintain a safe course.
This notice of enforcement is issued
under authority of 33 CFR 165.929,
Safety Zones; Annual events requiring
safety zones in the Captain of the Port
Lake Michigan zone, and 5 U.S.C.
552(a). In addition to this notice in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via Broadcast Notice to Mariners
and Local Notice to Mariners. The
Captain of the Port Lake Michigan or his
or her designated on-scene
representative may be contacted via
VHF Channel 16 or at (414) 747–7182.
Dated: July 24, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2018–16756 Filed 8–3–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0194]
RIN 1625–AA00
Safety Zone; Philippine Sea, Tinian
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters off of Chulu and Babui
beaches in Tinian. The Coast Guard
believes this safety zone is necessary to
protect all divers participating in this
SUMMARY:
E:\FR\FM\06AUR1.SGM
06AUR1
38258
Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations
underwater military exercise from
potential safety hazards associated with
vessel traffic in the area. This safety
zone will prohibit persons and vessels
not involved in the exercise from being
in the safety zone unless authorized by
the Captain of the Port Guam (COTP) or
a designated representative.
This rule is effective from 5 p.m.
on September 10, 2018, to 5 a.m. on
September 11, 2018.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0194 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email Chief Todd Wheeler, Sector Guam
Waterways Management Division, U.S.
Coast Guard; telephone 671–355–4866,
email WWMGuam@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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
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.
The purpose of this rulemaking is to
ensure the safety of divers in the water
during an underwater military exercise
in support of the biennial Exercise
Valiant Shield from 5 p.m. on
September 10, 2018 to 5 a.m. on
September 11, 2018.
In response, on May 1, 2018, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Philippine Sea, Tinian (83 FR 19025–
19026). There, we stated why we issued
the NPRM and requested comments on
our proposed regulatory action related
to this safety zone. During the comment
period that ended May 31, 2018, we
received no comments.
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 exercise will be a
safety concern. The purpose of this rule
is to protect all divers participating in
this underwater military exercise from
potential safety hazards associated with
vessel traffic in the area.
16:05 Aug 03, 2018
Jkt 244001
As noted above, we received no
comments on our NPRM published May
1, 2018. The Exercise Valiant Shield
coordinator did send an updated time
and coordinates for where and when the
divers will enter the water. The safety
zone has moved approximately one mile
northeast of the previous safety zone
that was proposed in the NPRM. Also
the time has moved up by one hour. The
changes are reflected in the regulatory
text of this rule.
This rule establishes a safety zone
from 5 p.m. on September 10, 2018 to
5 a.m. on September 11, 2018. The
safety zone will cover all navigable
waters two miles off Chulu and Babui
beaches in Tinian. This safety zone is
necessary to protect all divers
participating in this underwater military
exercise from potential safety hazards
associated with vessel traffic in the area.
This proposed rulemaking would
prohibit persons and vessels not
involved in the exercise from being in
the safety zone unless authorized by the
COTP or a designated representative.
V. Regulatory Analyses
II. Background Information and
Regulatory History
VerDate Sep<11>2014
IV. Discussion of Comments, Changes,
and the Rule
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, duration,
and time of day of the safety zone.
Vessel traffic would be able to safely
transit around this safety zone.
Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
zone, and the rule would allow vessels
to seek permission to enter the zone.
PO 00000
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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
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
E:\FR\FM\06AUR1.SGM
06AUR1
Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations
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 a safety
zone vessel traffic would be able to
safely transit around. 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 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
VerDate Sep<11>2014
16:05 Aug 03, 2018
Jkt 244001
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;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T14–0194 to read as
follows:
■
§ 165.T14–0194
Sea, Tinian.
Safety Zone; Philippine
(a) Location. The following area is a
safety zone: All waters off of Chulu and
Babui Beach, Tinian, from surface to
bottom, encompassed by a line
connecting the following points
beginning at 15°04′34″ N, 145°37′03″ E,
thence to 15°05′17″ N, 145°36′30″ E,
thence to 15°05′42″ N, 145°36′54″ E,
thence to 15°05′03″ N, 145°37′36″ E, and
along the shore line back to the
beginning point. These coordinates are
based on NAD 1983.
(b) Regulations. (1) The general
regulations governing safety zones
contained in § 165.23 apply. This
proposed rulemaking would prohibit
persons and vessels not involved in the
exercise from being in the safety zone
unless authorized by the Captain of the
Port (COTP) Guam or a designated
representative.
(2) To seek permission to enter,
contact the COTP Guam or the COTP’s
representative by VHF channel 16 or by
telephone at 671–355–4821. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(c) Enforcement period. This section
will be enforced from 5 p.m. on
September 10, 2018, to 5 a.m. on
September 11, 2018.
Dated: July 13, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the
Port Guam.
[FR Doc. 2018–16754 Filed 8–3–18; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
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38259
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0183]
RIN 1625–AA00
Safety Zone; Philippine Sea, Rota
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters off the Port of Rota. The
Coast Guard believes this safety zone is
necessary to protect all divers
participating in this underwater military
exercise from potential safety hazards
associated with vessel traffic in the area.
This safety zone will prohibit persons
and vessels not involved in the exercise
from being in the safety zone unless
authorized by the Captain of the Port
Guam (COTP) or a designated
representative.
SUMMARY:
This rule is effective from 11
a.m. to 11 p.m. on September 16, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0183 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 call or email Chief Todd Wheeler,
Sector Guam Waterways Management
Division, U.S. Coast Guard; telephone
671–355–4866, email WWMGuam@
uscg.mil.
DATES:
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
The purpose of this rulemaking is to
ensure the safety of divers in the water
during an underwater military exercise
in support of the biennial Exercise
Valiant Shield from 11 a.m. to 11 p.m.
on September 16, 2018.
In response, on May 21, 2018, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Philippine Sea, Rota (83 FR
23400–23402). There, we stated the
E:\FR\FM\06AUR1.SGM
06AUR1
]]>Agencies
[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Rules and Regulations]
[Pages 38257-38259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16754]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0194]
RIN 1625-AA00
Safety Zone; Philippine Sea, Tinian
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters off of Chulu and Babui beaches in Tinian. The Coast
Guard believes this safety zone is necessary to protect all divers
participating in this
[[Page 38258]]
underwater military exercise from potential safety hazards associated
with vessel traffic in the area. This safety zone will prohibit persons
and vessels not involved in the exercise from being in the safety zone
unless authorized by the Captain of the Port Guam (COTP) or a
designated representative.
DATES: This rule is effective from 5 p.m. on September 10, 2018, to 5
a.m. on September 11, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0194 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 Chief Todd Wheeler, Sector Guam Waterways Management
Division, U.S. Coast Guard; telephone 671-355-4866, 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
The purpose of this rulemaking is to ensure the safety of divers in
the water during an underwater military exercise in support of the
biennial Exercise Valiant Shield from 5 p.m. on September 10, 2018 to 5
a.m. on September 11, 2018.
In response, on May 1, 2018, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone; Philippine Sea, Tinian
(83 FR 19025-19026). There, we stated why we issued the NPRM and
requested comments on our proposed regulatory action related to this
safety zone. During the comment period that ended May 31, 2018, we
received no comments.
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 exercise will be a safety concern. The
purpose of this rule is to protect all divers participating in this
underwater military exercise from potential safety hazards associated
with vessel traffic in the area.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
1, 2018. The Exercise Valiant Shield coordinator did send an updated
time and coordinates for where and when the divers will enter the
water. The safety zone has moved approximately one mile northeast of
the previous safety zone that was proposed in the NPRM. Also the time
has moved up by one hour. The changes are reflected in the regulatory
text of this rule.
This rule establishes a safety zone from 5 p.m. on September 10,
2018 to 5 a.m. on September 11, 2018. The safety zone will cover all
navigable waters two miles off Chulu and Babui beaches in Tinian. This
safety zone is necessary to protect all divers participating in this
underwater military exercise from potential safety hazards associated
with vessel traffic in the area. This proposed rulemaking would
prohibit persons and vessels not involved in the exercise from being in
the safety zone unless authorized by 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, duration, and time of day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow 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 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
[[Page 38259]]
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
a safety zone vessel traffic would be able to safely transit around. 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
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; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T14-0194 to read as follows:
Sec. 165.T14-0194 Safety Zone; Philippine Sea, Tinian.
(a) Location. The following area is a safety zone: All waters off
of Chulu and Babui Beach, Tinian, from surface to bottom, encompassed
by a line connecting the following points beginning at 15[deg]04'34''
N, 145[deg]37'03'' E, thence to 15[deg]05'17'' N, 145[deg]36'30'' E,
thence to 15[deg]05'42'' N, 145[deg]36'54'' E, thence to 15[deg]05'03''
N, 145[deg]37'36'' E, and along the shore line back to the beginning
point. These coordinates are based on NAD 1983.
(b) Regulations. (1) The general regulations governing safety zones
contained in Sec. 165.23 apply. This proposed rulemaking would
prohibit persons and vessels not involved in the exercise from being in
the safety zone unless authorized by the Captain of the Port (COTP)
Guam or a designated representative.
(2) To seek permission to enter, contact the COTP Guam or the
COTP's representative by VHF channel 16 or by telephone at 671-355-
4821. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(c) Enforcement period. This section will be enforced from 5 p.m.
on September 10, 2018, to 5 a.m. on September 11, 2018.
Dated: July 13, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2018-16754 Filed 8-3-18; 8:45 am]
BILLING CODE 9110-04-P
