Safety Zone; Apra Outer Harbor, Naval Base Guam, 32315-32317 [2020-11062]
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Federal Register / Vol. 85, No. 104 / Friday, May 29, 2020 / Proposed Rules
flight, install a service kit in accordance with
step 1.D. of the Accomplishment Instructions
in SEB95–19; or step 1.C. of the
Accomplishment Instructions in SEB93–5R2;
as applicable to your model airplane.
(2) If cracks are found during any
inspection required by paragraph (g)(2) or
(h)(2) of this AD, before further flight, repair
the area using a method approved by the
Manager, Wichita ACO Branch, FAA. For a
repair method to be approved by the
Manager, Wichita ACO Branch as required by
this paragraph, the Manager’s approval letter
must specifically refer to this AD. You may
use the contact information in paragraph
(n)(1) of this AD to obtain FAA approval of
your repair method.
jbell on DSKJLSW7X2PROD with PROPOSALS
(j) Reporting Requirement
Within 30 days after the effective date of
this AD, or within 30 days after completing
the initial inspection required by paragraph
(g) of this AD, whichever occurs later, report
the findings of the initial inspection
(regardless if cracks were found or not) to the
FAA at Wichita-COS@faa.gov. Thereafter,
within 30 days after completing each
repetitive inspection required by paragraph
(h) of this AD, if any crack was found, report
the crack findings to the FAA at WichitaCOS@faa.gov. Include in your reports the
following information:
(1) Name and address of the owner;
(2) Date of the inspection;
(3) Name, address, telephone number, and
email address of the person submitting the
report;
(4) Airplane serial number and total hours
TIS on the airplane at the time of the
inspection; and
(5) If any crack was found during the
inspection, provide detailed crack
information as specified below:
(i) A sketch or picture detailing the crack
location;
(ii) Measured length of the crack(s) found;
(iii) Installation of a Cessna service kit or
any other kit or repair before the inspection;
and
(iv) Installation of any supplemental type
certificates (STCs), alterations, repairs, or
field approvals affecting the area of concern
or affecting gross weight.
(k) Credit for Previous Actions
(1) You may take credit for the initial
inspection required by paragraph (g) of this
AD if you performed the inspection before
the effective date of this AD using Cessna
Single Engine Service Bulletin SEB93–5,
dated March 26, 1993; or Cessna Single
Engine Service Bulletin SEB93–5, Revision 1,
dated September 8, 1995.
(2) You may take credit for the installation
required by paragraph (i)(1) of this AD as
follows.
(i) For Model 207, T207, 207A, and T207A
airplanes with a service kit installed using
SK206–42, SK206–42A, SK206–42B, or
SK206–42C: You may take credit for the
installation if done before the effective date
of this AD using Cessna Single Engine
Service Bulletin SEB93–5, dated March 26,
1993, or Cessna Single Engine Service
Bulletin SEB93–5, Revision 1, dated
September 8, 1995; if the reinforcement of
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32315
the lower forward doorpost bulkhead and
wing strut fitting specified in Cessna Single
Engine Service Kit SK207–19A, dated May
29, 2019, is also accomplished within 200
hours TIS after the effective date of this AD.
(ii) For all other models: You may take
credit for the installation if done before the
effective date of this AD using Cessna Single
Engine Service Bulletin SEB 93–5, dated
March 26, 1993; or Cessna Single Engine
Service Bulletin SEB 93–5, Revision 1, dated
September 8, 1995.
availability of this material at the FAA, call
(816) 329–4148.
(l) Paperwork Reduction Act Burden
Statement
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, completing and reviewing the
collection of information. All responses to
this collection of information are mandatory.
Comments concerning the accuracy of this
burden and suggestions for reducing the
burden should be directed to the FAA at: 800
Independence Ave. SW, Washington, DC
20591, Attn: Information Collection
Clearance Officer, AES–200.
DEPARTMENT OF HOMELAND
SECURITY
(m) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Wichita ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (n)(1) of
this AD.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(n) Related Information
(1) For more information about this AD,
contact Bobbie Kroetch, Aerospace Engineer,
Wichita ACO Branch, 1801 Airport Road,
Room 100, Wichita, Kansas 67209; telephone:
(316) 946–4155; fax: (316) 946–4107; email:
bobbie.kroetch@faa.gov or Wichita-COS@
faa.gov.
(2) For service information identified in
this AD, contact Textron Aviation Inc.,
Textron Aviation Customer Service, One
Cessna Blvd., Wichita, Kansas 67215;
telephone: (316) 517–5800; email:
customercare@txtav.com; internet: https://
support.cessna.com. You may review this
referenced service information at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City,
Missouri 64106. For information on the
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Issued on May 21, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–11340 Filed 5–28–20; 8:45 am]
BILLING CODE 4910–13–P
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0248]
RIN 1625–AA00
Safety Zone; Apra Outer Harbor, Naval
Base Guam
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of Apra Outer Harbor.
This action is necessary to provide for
the safety of life on these navigable
waters near Polaris Point, Guam, during
a fireworks display on July 4, 2020. This
proposed rulemaking would prohibit
persons and vessels from entering the
safety zone unless authorized by the
Captain of the Port Guam (COTP) or a
designated representative. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before June 29, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0248 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 Robert
Davis, Sector Guam, U.S. Coast Guard;
telephone 671–355–4866, email
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
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U.S.C.
Federal Register / Vol. 85, No. 104 / Friday, May 29, 2020 / Proposed Rules
United States Code
II. Background, Purpose, and Legal
Basis
Navy MWR will be conducting a
fireworks display between 6 p.m. and 9
p.m. on July 4, 2020. The fireworks are
to be launched from a barge in Apra
Outer Harbor, approximately 300-yards
west of Polaris Point, Guam. Hazards
from firework display include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The COTP has
determined that potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone within a 190-yard
radius of the barge.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 190-yard
radius of the fireworks barge before,
during, and after the scheduled event.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 6 p.m. to 9 p.m. on July
4, 2020. The safety zone would cover all
navigable waters within 190 yards of a
barge in Apra Outer Harbor located
approximately 300 yards west of Polaris
Point, Guam. The duration of the zone
is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
6 p.m. to 9 p.m. fireworks display. No
vessel or person would be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative. The
regulatory text we are proposing appears
at the end of this document.
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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
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16:14 May 28, 2020
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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-year 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 Apra Outer Harbor for 3 hours. The
safety zone will impact a small section
of the main channel for Navy traffic,
however Navy traffic will be able to
transit around the area safely. This is
also the main traffic area for the
Marianas Yacht Club in Sasa Bay.
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
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Sfmt 4702
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
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Federal Register / Vol. 85, No. 104 / Friday, May 29, 2020 / Proposed Rules
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 safety zone lasting no
more than 3 hours that would prohibit
entry within 190 yards of a fireworks
barge. 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.
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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
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 eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and all
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16:14 May 28, 2020
Jkt 250001
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—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
(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.
(g) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 46 U.S.C. 70036
and 46 U.S.C. 70052.
Dated: May 19, 2020.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
[FR Doc. 2020–11062 Filed 5–28–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
■
1. The authority citation for part 165
continues to read as follows:
34 CFR Chapter III
Authority: 46 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.
[Docket ID ED–2020–OSERS–0014]
2. Add § 165.T05–0248 to read as
follows:
■
165. T05–0248 Safety Zone; Apra Outer
Harbor, Naval Base Guam.
(a) Location. The following areas,
within the Captain of the Port Guam
(COTP) Zone (See 33 CFR 3.70–15), all
navigable waters on the surface and
below the surface within 190 yards of
the fireworks barge for the 4th of July
celebrations at Polaris Point, Naval Base
Guam. The following position 13
degrees 26 minutes 44.76 seconds N
Latitude, 144 degrees 39 minutes 59.16
seconds E Longitude is to be used as a
guide to the location of the barge.
(b) Effective Dates. This rule is
effective from 6 p.m. through 9 p.m. on
July 4, 2020.
(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 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 temporary safety zone.
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32317
Proposed Priorities, Requirements,
and Selection Criteria—Technical
Assistance and Dissemination To
Improve Services and Results for
Children With Disabilities—The
Individuals With Disabilities Education
Act (IDEA) Paperwork Reduction
Planning and Implementation Program
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priorities,
requirements, and selection criteria.
AGENCY:
The Department of Education
(Department) proposes priorities,
requirements, and selection criteria for
the IDEA Paperwork Reduction
Planning and Implementation Program,
Catalog of Federal Domestic Assistance
(CFDA) number 84.326F. The
Department may select as many as 15
States to receive support in planning for
and implementing waivers of statutory
requirements of, or regulatory
requirements relating to, IDEA Part B to
reduce excessive paperwork and
noninstructional time burdens that do
not assist in improving educational and
functional results for children with
disabilities. The Department may use
the priorities, requirements, and
selection criteria in this document for
competitions in fiscal year (FY) 2020
and later years. The IDEA Paperwork
Reduction Planning and
Implementation Program focuses on an
identified national need to reduce the
paperwork burden associated with the
requirements of IDEA Part B while
preserving the rights of children with
disabilities and promoting academic
achievement.
SUMMARY:
E:\FR\FM\29MYP1.SGM
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Agencies
[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Proposed Rules]
[Pages 32315-32317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11062]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0248]
RIN 1625-AA00
Safety Zone; Apra Outer Harbor, Naval Base Guam
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of Apra Outer Harbor. This action is necessary
to provide for the safety of life on these navigable waters near
Polaris Point, Guam, during a fireworks display on July 4, 2020. This
proposed rulemaking would prohibit persons and vessels from entering
the safety zone unless authorized by the Captain of the Port Guam
(COTP) or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 29, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0248 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 Robert Davis, Sector Guam,
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
[[Page 32316]]
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Navy MWR will be conducting a fireworks display between 6 p.m. and
9 p.m. on July 4, 2020. The fireworks are to be launched from a barge
in Apra Outer Harbor, approximately 300-yards west of Polaris Point,
Guam. Hazards from firework display include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The COTP has determined that potential hazards associated with
the fireworks to be used in this display would be a safety concern for
anyone within a 190-yard radius of the barge.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 190-yard radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 6 p.m. to 9
p.m. on July 4, 2020. The safety zone would cover all navigable waters
within 190 yards of a barge in Apra Outer Harbor located approximately
300 yards west of Polaris Point, Guam. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 6 p.m. to 9 p.m. fireworks
display. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory 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-year 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 Apra Outer Harbor for 3 hours.
The safety zone will impact a small section of the main channel for
Navy traffic, however Navy traffic will be able to transit around the
area safely. This is also the main traffic area for the Marianas Yacht
Club in Sasa Bay. 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
[[Page 32317]]
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 safety zone lasting no more than 3 hours that would prohibit
entry within 190 yards of a fireworks barge. 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 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 eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
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--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 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.T05-0248 to read as follows:
165. T05-0248 Safety Zone; Apra Outer Harbor, Naval Base Guam.
(a) Location. The following areas, within the Captain of the Port
Guam (COTP) Zone (See 33 CFR 3.70-15), all navigable waters on the
surface and below the surface within 190 yards of the fireworks barge
for the 4th of July celebrations at Polaris Point, Naval Base Guam. The
following position 13 degrees 26 minutes 44.76 seconds N Latitude, 144
degrees 39 minutes 59.16 seconds E Longitude is to be used as a guide
to the location of the barge.
(b) Effective Dates. This rule is effective from 6 p.m. through 9
p.m. on July 4, 2020.
(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 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 temporary safety
zone.
(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.
(g) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 46 U.S.C. 70036 and 46 U.S.C. 70052.
Dated: May 19, 2020.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2020-11062 Filed 5-28-20; 8:45 am]
BILLING CODE 9110-04-P