Safety Zone; Cocos Lagoon, Merizo, GU, 13841-13843 [2020-04806]
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khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Proposed Rules
Requirements.’’ Also include the FDA
docket number found in brackets in the
heading of this document.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
JonnaLynn Capezzuto, Office of
Operations, Food and Drug
Administration, Three White Flint
North, 10A–12M, 11601 Landsdown St.,
North Bethesda, MD 20852, 301–796–
3794, PRAStaff@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: In the
Federal Register of September 25, 2019
(84 FR 50566), FDA published a
proposed rule that included an agency
information collection assessment with
a 60-day comment period to request
comments on proposed requirements
related to PMTA reporting and
recordkeeping. In the Federal Register
of November 26, 2019 (84 FR 65044),
FDA published a document reopening
the comment period on the proposed
rule for an addition 20 days in response
to multiple requests from commenters
and the comment period closed on
December 16, 2019.
FDA is reopening the comment period
for the agency information collection
activity associated with the proposed
rulemaking for a period of 30 days, until
April 9, 2020, to allow comment on an
additional proposed form. The Agency
believes that a 30-day extension allows
adequate time for interested persons to
submit comments without significantly
delaying rulemaking.
FDA has included an additional
proposed form (Form FDA 4057b) in the
docket that will assist industry and FDA
in identifying the products that are the
subject of a submission where an
applicant groups multiple PMTAs into a
single submission (referred to as a
bundled submission or a grouped
submission). FDA has previously stated
that one approach to submitting PMTAs
could be to group applications for
products that are both from the same
manufacturer or domestic importer and
in the same product category and
subcategory into a single submission.
FDA discusses bundled submissions in
the proposed rule (84 FR 50566 at
50578) and notes that FDA intends to
consider information on each tobacco
product as a separate, individual PMTA.
The form would assist applicants in
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providing the unique identifying
information for each product in a
grouped submission of PMTAs that
would be required by table 1 to 21 CFR
1114.7(c)(3)(iii) of the proposed rule (84
FR 50566 at 50637). By having the
identifying information for products
contained in a submission be more
clearly organized, FDA will be able to
more efficiently process and review the
applications contained in a grouped
submission.
FDA is revising table 22 from the
Paperwork Reduction Act section
contained in the proposed rule (84 FR
50566 at 50627) to add the associated
burden for the additional proposed
form. We estimate that 24 respondents
will complete Form FDA 4057b for a
total of 96 hours. Based on the Form
FDA 4057 for use when submitting
PMTA single and bundled submissions,
FDA estimated that 24 respondents will
submit PMTA bundles per year. Form
FDA 4057b would be created once for
each submission containing more than
one PMTA. We assume the submitter
could include from 2 to 2,000 products
in each Form FDA 4057b. Entering data
for up to 2,000 rows can take
approximately 4 hours on average per
Form FDA 4057b for manual data entry.
If the data entry is automated, it could
be performed more quickly. Assuming 4
hours per Form FDA 4057b for 24
applications, we estimate a total burden
of 96 hours for this new activity. FDA
does not believe the recordkeeping
burden will be affected by the addition
of the form.
The new total burden for the
collections of information in this
rulemaking are estimated to be 22,610
reporting hours and 52 recordkeeping
hours for a total of 22,662 hours. In
compliance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
3407(d)), the Agency has submitted the
information collection provisions of this
proposed rule to OMB for review. These
requirements will not be effective until
FDA obtains OMB approval. FDA will
publish a notice concerning OMB
approval of these requirements in the
Federal Register.
Dated: March 4, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020–04828 Filed 3–9–20; 8:45 am]
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13841
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0144
RIN 1625–AA00
Safety Zone; Cocos Lagoon, Merizo,
GU
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish 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. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before April 9, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0144 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
DATES:
If
you have questions about this proposed
rulemaking, call or email Chief Petty
Officer Robert Davis, Sector Guam, U.S.
Coast Guard, by telephone at (671) 355–
4866, or email at WWMGuam@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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, Purpose, and Legal
Basis
The Cocos Crossing swim event is a
recurring annual event that occurs on
the Sunday before Memorial Day. We
have established safety zones for this
swim event in past years.
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. The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
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Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Proposed Rules
III. Discussion of Proposed Rule
The Captain of the Port (COTP) is
proposing to establish a safety zone
from 6:00 a.m. to 1:00 p.m. on Sunday
May 24, 2020 for the Cocos Crossing
swimming event. This safety zone 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 this safety zone is
prohibited unless authorized by the
COTP. The regulatory text we are
proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
khammond on DSKJM1Z7X2PROD with PROPOSALS
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, 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 approximately 7
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
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fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
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Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves This proposed rule
involves a safety zone lasting
approximately 7 hours that would
prohibit entry within 100-yards for
swim participants. Normally such
actions are categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
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Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Proposed Rules
jeopardizing the safety or security of
people, places, or vessels.
§ 165. T14–0144 Safety Zone; Cocos
Lagoon, Merizo, GU.
V. Public Participation and Request for
Comments
(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
of the event will be exempt from the
safety zone.
(b) Effective dates. This rule is
effective from 6 a.m. to 1 p.m. on May
24, 2020.
(c) Regulations. (1) In accordance with
the general regulations in section
§ 165.23, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
COTP or a designated on-scene
representative.
(2) This safety zone is closed to all
persons and vessel traffic, except as may
be permitted by the COTP or a
designated on-scene representative.
(3) The ‘‘on-scene representative’’ of
the COTP is any Coast Guard
commissioned, warrant, or petty officer
who has been designated by the COTP
to act on his or her behalf.
(4) Persons and Vessel operators
desiring to enter or operate within the
safety zone must contact the COTP or an
on-scene representative to obtain
permission to do so. The COTP or an
on-scene representative may be
contacted via VHF Channel 16 or at
telephone number (671) 355–4821.
Vessel operators given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP or an on-scene
representative.
(d) Waiver. The COTP may waive any
of the requirements of this rule 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 rule are subject to the
penalties set forth in 46 U.S.C. 70036
(previously codified in 33 U.S.C. 1232)
and 46 U.S.C. 70052 (previously
codified in 50 U.S.C. 192).
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s Correspondence
System of Records notice (84 FR 48645,
September 26, 2018).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
khammond on DSKJM1Z7X2PROD with PROPOSALS
PART 165—SAFETY ZONE; COCOS
LAGOON, MERIZO, GU
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034; 46 U.S.C.
70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland Security
Delegation No. 0170.1.
Dated: March 5, 2020.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
[FR Doc. 2020–04806 Filed 3–9–20; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 9
[FRS 16536]
Wireless E911 Location Accuracy
Requirements
Federal Communications
Commission.
AGENCY:
ACTION:
Petition for reconsideration.
The Boulder Emergency
Telephone Service Authority, on
December 26, 2019, filed a Petition for
Reconsideration in the Commission’s
Wireless E911 Location Accuracy
rulemaking proceeding.
SUMMARY:
Oppositions to the Petition must
be filed on or before March 25, 2020.
Replies to the opposition must be filed
on or before April 6, 2020.
DATES:
Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
ADDRESSES:
John
Evanoff, Public Safety and Homeland
Security Bureau, Policy and Licensing
Division, at john.evanoff@fcc.gov, or
(202) 418–0848.
FOR FURTHER INFORMATION CONTACT:
This is a
summary of the Commission’s
document, released on February 26,
2020. The full text of this document is
available for viewing and copying at the
FCC Reference Information Center, 445
12th Street SW, Room CY–A257,
Washington, DC 20554. The full text of
this document is also available online
via the Commission’s Electronic
Comment Filing System at: https://
apps.fcc.gov/ecfs/. The Commission will
not send a Congressional Review Act
(CRA) submission to Congress or the
Government Accountability Office
pursuant to the CRA, 5 U.S.C.
801(a)(1)(A), because no rules are being
adopted by the Commission.
Subject. Wireless E911 Location
Accuracy Requirements, Report and
Order, FCC 19–124, published at 85 FR
2660, January 16, 2020, in PS Docket No
07–114. This document is being
published pursuant to 47 CFR 1.429(e).
See also 47 CFR 1.4(b)(1) and 1.429(f),
(g).
Number of Petitions filed: 1.
SUPPLEMENTARY INFORMATION:
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020–04554 Filed 3–9–20; 8:45 am]
2. Add § 165.T14–0144 to read as
follows:
■
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]]>Agencies
[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
[Proposed Rules]
[Pages 13841-13843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04806]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0144
RIN 1625-AA00
Safety Zone; Cocos Lagoon, Merizo, GU
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish 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. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before April 9, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0144 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Chief Petty Officer Robert Davis,
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, Purpose, and Legal Basis
The Cocos Crossing swim event is a recurring annual event that
occurs on the Sunday before Memorial Day. We have established safety
zones for this swim event in past years.
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. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
[[Page 13842]]
III. Discussion of Proposed Rule
The Captain of the Port (COTP) is proposing to establish a safety
zone from 6:00 a.m. to 1:00 p.m. on Sunday May 24, 2020 for the Cocos
Crossing swimming event. This safety zone 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 this safety zone
is prohibited unless authorized by the COTP. The regulatory text we are
proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive Orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, 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 approximately 7
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 certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves This
proposed rule involves a safety zone lasting approximately 7 hours that
would prohibit entry within 100-yards for swim participants. Normally
such actions are categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A preliminary Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without
[[Page 13843]]
jeopardizing the safety or security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--SAFETY ZONE; COCOS LAGOON, MERIZO, GU
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034; 46 U.S.C. 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.T14-0144 to read as follows:
Sec. 165. T14-0144 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 of the event will be
exempt from the safety zone.
(b) Effective dates. This rule is effective from 6 a.m. to 1 p.m.
on May 24, 2020.
(c) Regulations. (1) In accordance with the general regulations in
section Sec. 165.23, entry into, transiting, or anchoring within this
safety zone is prohibited unless authorized by the COTP or a designated
on-scene representative.
(2) This safety zone is closed to all persons and vessel traffic,
except as may be permitted by the COTP or a designated on-scene
representative.
(3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant, or petty officer who has been designated by the
COTP to act on his or her behalf.
(4) Persons and Vessel operators desiring to enter or operate
within the safety zone must contact the COTP or an on-scene
representative to obtain permission to do so. The COTP or an on-scene
representative may be contacted via VHF Channel 16 or at telephone
number (671) 355-4821. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or an on-scene representative.
(d) Waiver. The COTP may waive any of the requirements of this rule
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 rule are subject
to the penalties set forth in 46 U.S.C. 70036 (previously codified in
33 U.S.C. 1232) and 46 U.S.C. 70052 (previously codified in 50 U.S.C.
192).
Dated: March 5, 2020.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2020-04806 Filed 3-9-20; 8:45 am]
BILLING CODE 9110-04-P
