Safety Zone; Cocos Lagoon, Merizo, GU, 17083-17085 [2019-08224]

Download as PDF Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Rules and Regulations DATES: This rule is effective on April 24, 2019. FOR FURTHER INFORMATION CONTACT: CDR Meredith Werner at 703–614–7408. [FR Doc. 2019–08252 Filed 4–23–19; 8:45 am] Section 603 of Title 37, United States Code, requires the Service Secretaries to prescribe regulations to carry out Chapter 11 of Title 37, United States Code: Payments to Mentally Incompetent Persons. The Department of Defense publishes the process and requirements for making payments in Chapter 33 of Volume 7A and Chapter 16 of Volume 7B of the Financial Management Regulation (DoD 7000.14– R, available at https://comptroller .defense.gov/Portals/45/documents/fmr/ Volume_07b.pdf), of March 2018; BUMED publishes requirements for competency boards in Chapter 18 of the Manual of the Medical Department (MANMED) (NAVMED P–117, available at https://www.med.navy.mil/directives/ Documents/NAVMED%20P117%20%28MANMED%29/ MMDChapter18.pdf), of January 10, 2005; and the Secretary of the Navy (SECNAV) publishes the process for determining mental competency (SECNAV Instruction 1850.4E, available at https://www.secnav.navy.mil/mra/ CORB/Documents/SECNAVINST-18504E.PDF), of April 30, 2002. 32 CFR part 726 was last updated on October 29, 2008. It has been determined that publication of this CFR part for public comment is impracticable, unnecessary, and contrary to the public interest since it is based upon removing internal content, and the ultimate statutory authority governing the payments of amounts due mentally incompetent members of the Naval service remains in effect in Chapter 11 of Title 37, United States Code. This rule is not significant under Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review.’’ Therefore, E.O. 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs’’ does not apply. SUPPLEMENTARY INFORMATION: jbell on DSK30RV082PROD with RULES List of Subjects in 32 CFR Part 726 Administrative practice and procedure, Military personnel, Reporting and recordkeeping requirements, Trusts and trustees. Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 726 is removed. VerDate Sep<11>2014 15:47 Apr 23, 2019 Jkt 247001 BILLING CODE 3810–FF–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–1084] II. Background Information and Regulatory History The purpose of this rule is to ensure the safety of the participants and the navigable waters in the safety zone before, during, and after the scheduled swim event. In response, on March 8, 2019, the Coast Guard published an NPRM titled ‘‘Safety Zone; Cocos Lagoon, Merizo, GU’’ (84 FR 8489). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this safety zone. During the comment period that ended April 8, 2019, we received no comments. III. Legal Authority and Need for Rule RIN 1625–AA00 Safety Zone; Cocos Lagoon, Merizo, GU Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters within Cocos Lagoon. This safety zone will encompass the designated swim course for the Cocos Crossing swim event in the waters of Cocos Lagoon, Merizo, Guam. This action is necessary to protect all persons and vessels participating in this marine event from potential safety hazards associated with vessel traffic in the area. Race participants, chase boats, and organizers of the event will be exempt from the safety zone. Entry of persons or vessels into the safety zone is prohibited unless authorized by the Captain of the Port Guam (COTP). DATES: This rule is effective from 7 a.m. through 1 p.m. on May 26, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2018– 1084 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 Petty Officer Todd Wheeler, Sector Guam, U.S. Coast Guard, by telephone at (671) 355–4866, or email at WWMGuam@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations PART 726—[REMOVED] ■ Dated: April 19, 2019. Meredith Steingold Werner, Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer. 17083 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The COTP has determined that potential hazards associated with the event will be a safety concern. The purpose of this rule is to protect all persons and vessels participating in this event 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 March 8, 2019. There is one change in the regulatory text of this rule from the proposed rule in the NPRM. Paragraph (b), regarding enforcement dates, has been updated to an enforcement date from 7 a.m. to 1 p.m. on May 26, 2019 whereas the enforcement date in the NPRM was from 6 a.m. to 1 p.m. on a specified day during either the last two weeks of May or the first two weeks of June. This change was made after we received notification of the exact date and time of the event. The date and time are within the time frame listed in the NPRM. This rule establishes a safety zone from 7 a.m. until 1 p.m. on May 26, 2019. The safety zone will cover all navigable waters within 100-yards radius of race participants in Cocos Lagoon, Guam. This rulemaking would prohibit persons and vessels not involved in the event 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. E:\FR\FM\24APR1.SGM 24APR1 17084 Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Rules and Regulations 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 will be able to safely transit around this safety zone, which will impact a small designated area of the Cocos Lagoon for 6 hours. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone, and the rule allows vessels to seek permission to enter the zone. jbell on DSK30RV082PROD with RULES 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 VerDate Sep<11>2014 15:47 Apr 23, 2019 Jkt 247001 listed in the FOR FURTHER INFORMATION 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. CONTACT C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in 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 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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 6 hours that would prohibit entry within 100 yards of swim participants. 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 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 70034, 70051; 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.T14–1084 to read as follows: ■ § 165.T14–1084 Safety Zone; Cocos Lagoon, Merizo, GU. (a) Location. The following area, within the Guam Captain of the Port (COTP) Zone (See 33 CFR 3.70–15), all navigable waters within a 100-yard radius of race participants in Cocos Lagoon, Merizo, Guam. Race participants, chase boats and organizers E:\FR\FM\24APR1.SGM 24APR1 Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Rules and Regulations of the event will be exempt from the safety zone. (b) Enforcement dates. This section will be enforced from 7 a.m. to 1 p.m. on May 26, 2019. (c) Enforcement. All persons are required to comply with the general regulations governing safety zones found in § 165.23. Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard Captain of the Port, Guam. Persons desiring to transit the area of the safety zone must first request authorization from the Captain of the Port Guam or his designated representative. To seek permission to transit the area, the Captain of the Port Guam (COTP) and his designated representatives can be contacted at telephone number (671) 355–4821 or on Marine Band Radio, VHF–FM channel 16 (156.8 MHz). Any Coast Guard commissioned, warrant, or petty officer, and any other COTP representative permitted by law, may enforce this safety zone. (d) Waiver. The COTP may waive any of the requirements of this section for any person, vessel, or class of vessel upon finding that application of the safety zone is unnecessary or impractical for the purpose of maritime security. (e) Penalties. Vessels or persons violating this section are subject to the penalties set forth in 33 U.S.C. 1232. Dated: April 19, 2019. Christopher M. Chase, Captain, U.S. Coast Guard, Captain of the Port, Guam. [FR Doc. 2019–08224 Filed 4–23–19; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R04–OAR–2018–0523; FRL–9992–53– Region 4] Air Plan Approval and Designation of Areas; FL; Redesignation of the Nassau County 2010 1-Hour Sulfur Dioxide Nonattainment Area to Attainment Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: In a letter dated June 7, 2018, the State of Florida, through the Florida Department of Environmental Protection (FDEP), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Nassau County sulfur dioxide (SO2) nonattainment area jbell on DSK30RV082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:47 Apr 23, 2019 Jkt 247001 (hereinafter referred to as the ‘‘Nassau County Area’’ or ‘‘Area’’) to attainment for the 2010 1-hour SO2 primary national ambient air quality standard (NAAQS) and to approve an accompanying state implementation plan (SIP) revision containing a maintenance plan for the Area. The submittal was received by EPA on June 12, 2018. EPA is taking final action to determine that the Nassau County Area attained the 2010 1-hour SO2 NAAQS by its applicable attainment date of October 4, 2018; to approve the SIP revision containing the State’s plan for maintaining attainment of the 2010 1hour SO2 standard and to incorporate the maintenance plan into the SIP; and to redesignate the Nassau County Area to attainment for the 2010 1-hour SO2 NAAQS. This rule will be effective May 24, 2019. DATES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2018–0523. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. Ms. Sanchez may be reached by phone at (404) 562–9644 or via electronic mail at sanchez.madolyn@epa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 17085 I. What is the background for the actions? On June 2, 2010, EPA revised the primary SO2 NAAQS, establishing a new 1-hour SO2 standard of 75 parts per billion (ppb). See 75 FR 35520 (June 22, 2010). Under EPA’s regulations at 40 CFR part 50, the 2010 1-hour SO2 NAAQS is met at a monitoring site when the 3-year average of the annual 99th percentile of daily maximum 1hour average concentrations is less than or equal to 75 ppb (based on the rounding convention in 40 CFR part 50, appendix T). See 40 CFR 50.17. Ambient air quality monitoring data for the 3-year period must meet a data completeness requirement. A year meets data completeness requirements when all four quarters are complete, and a quarter is complete when at least 75 percent of the sampling days for each quarter have complete data. A sampling day has complete data if 75 percent of the hourly concentration values, including state-flagged data affected by exceptional events which have been approved for exclusion by the Administrator, are reported.1 Upon promulgation of a new or revised NAAQS, the CAA requires EPA to designate as nonattainment any area that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the NAAQS. EPA designated the Nassau County Area as nonattainment for the 2010 1-hour SO2 NAAQS, effective on October 4, 2013, using 2009–2011 complete, quality assured, and certified ambient air quality data. See 78 FR 47191 (August 5, 2013). The Area is comprised of the portion of Nassau County encompassing the circular boundary with the center being Universal Transverse Mercator (UTM) Easting 455530 meters, UTM Northing 3391737 meters, UTM zone 17, using the NAD83 datum (the location of the ambient SO2 monitor in the Area) and the radius being 2.4 kilometers (km). Under the CAA, nonattainment areas must attain the NAAQS as expeditiously as practicable but not later than five years after the October 4, 2013, effective date of the designation. See CAA section 192(a). Therefore, the Nassau County Area’s applicable attainment date was no later than October 4, 2018. EPA’s 2010 SO2 nonattainment designation for the Area triggered an obligation for Florida to develop a nonattainment SIP revision addressing certain requirements under title I, part D, subpart 1 (hereinafter ‘‘Subpart 1’’), and to submit that SIP revision to EPA 1 See E:\FR\FM\24APR1.SGM 40 CFR part 50, appendix T, section 3(b). 24APR1

Agencies

[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Rules and Regulations]
[Pages 17083-17085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08224]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1084]
RIN 1625-AA00


Safety Zone; Cocos Lagoon, Merizo, GU

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within Cocos Lagoon. This safety zone will encompass 
the designated swim course for the Cocos Crossing swim event in the 
waters of Cocos Lagoon, Merizo, Guam. This action is necessary to 
protect all persons and vessels participating in this marine event from 
potential safety hazards associated with vessel traffic in the area. 
Race participants, chase boats, and organizers of the event will be 
exempt from the safety zone. Entry of persons or vessels into the 
safety zone is prohibited unless authorized by the Captain of the Port 
Guam (COTP).

DATES: This rule is effective from 7 a.m. through 1 p.m. on May 26, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1084 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 Petty Officer Todd Wheeler, Sector Guam, U.S. Coast 
Guard, by telephone at (671) 355-4866, or email at [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 rule is to ensure the safety of the 
participants and the navigable waters in the safety zone before, 
during, and after the scheduled swim event. In response, on March 8, 
2019, the Coast Guard published an NPRM titled ``Safety Zone; Cocos 
Lagoon, Merizo, GU'' (84 FR 8489). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this safety zone. During the comment period that ended April 8, 2019, 
we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP has determined that 
potential hazards associated with the event will be a safety concern. 
The purpose of this rule is to protect all persons and vessels 
participating in this event 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 March 
8, 2019. There is one change in the regulatory text of this rule from 
the proposed rule in the NPRM. Paragraph (b), regarding enforcement 
dates, has been updated to an enforcement date from 7 a.m. to 1 p.m. on 
May 26, 2019 whereas the enforcement date in the NPRM was from 6 a.m. 
to 1 p.m. on a specified day during either the last two weeks of May or 
the first two weeks of June. This change was made after we received 
notification of the exact date and time of the event. The date and time 
are within the time frame listed in the NPRM.
    This rule establishes a safety zone from 7 a.m. until 1 p.m. on May 
26, 2019. The safety zone will cover all navigable waters within 100-
yards radius of race participants in Cocos Lagoon, Guam. This 
rulemaking would prohibit persons and vessels not involved in the event 
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.

[[Page 17084]]

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 
will be able to safely transit around this safety zone, which will 
impact a small designated area of the Cocos Lagoon for 6 hours. 
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the zone, 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 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 
a safety zone lasting 6 hours that would prohibit entry within 100 
yards of swim participants. 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. 70034, 70051; 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.T14-1084 to read as follows:


Sec.  165.T14-1084  Safety Zone; Cocos Lagoon, Merizo, GU.

    (a) Location. The following area, within the Guam Captain of the 
Port (COTP) Zone (See 33 CFR 3.70-15), all navigable waters within a 
100-yard radius of race participants in Cocos Lagoon, Merizo, Guam. 
Race participants, chase boats and organizers

[[Page 17085]]

of the event will be exempt from the safety zone.
    (b) Enforcement dates. This section will be enforced from 7 a.m. to 
1 p.m. on May 26, 2019.
    (c) Enforcement. All persons are required to comply with the 
general regulations governing safety zones found in Sec.  165.23. Entry 
into or remaining in this zone is prohibited unless authorized by the 
Coast Guard Captain of the Port, Guam. Persons desiring to transit the 
area of the safety zone must first request authorization from the 
Captain of the Port Guam or his designated representative. To seek 
permission to transit the area, the Captain of the Port Guam (COTP) and 
his designated representatives can be contacted at telephone number 
(671) 355-4821 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz). 
Any Coast Guard commissioned, warrant, or petty officer, and any other 
COTP representative permitted by law, may enforce this safety zone.
    (d) Waiver. The COTP may waive any of the requirements of this 
section for any person, vessel, or class of vessel upon finding that 
application of the safety zone is unnecessary or impractical for the 
purpose of maritime security.
    (e) Penalties. Vessels or persons violating this section are 
subject to the penalties set forth in 33 U.S.C. 1232.

    Dated: April 19, 2019.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2019-08224 Filed 4-23-19; 8:45 am]
BILLING CODE 9110-04-P
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