Safety Zone; Apra Outer Harbor, Naval Base Guam, 15625-15627 [2021-06079]
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Proposed Rules
April 23, 2021, then the NRC will
publish a document that withdraws the
direct final rule. If the direct final rule
is withdrawn, the NRC will address the
comments in a subsequent final rule.
Absent significant modifications to the
proposed revisions requiring
republication, the NRC will not initiate
a second comment period on this action
in the event the direct final rule is
withdrawn.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC to
reevaluate (or reconsider) its position or
conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC.
(2) The comment proposes a change
or an addition to the rule, and it is
apparent that the rule would be
ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the NRC to
make a change (other than editorial) to
the rule.
For a more detailed discussion of the
proposed rule changes and associated
analyses, see the direct final rule
published in the Rules and Regulations
section of this issue of the Federal
Register.
III. Background
Section 218(a) of the Nuclear Waste
Policy Act of 1982, as amended,
requires that ‘‘[t]he Secretary [of the
Department of Energy] shall establish a
demonstration program, in cooperation
with the private sector, for the dry
storage of spent nuclear fuel at civilian
nuclear power reactor sites, with the
objective of establishing one or more
technologies that the [Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
Nuclear Waste Policy Act states, in part,
that ‘‘[t]he Commission shall, by rule,
establish procedures for the licensing of
any technology approved by the
Commission under Section 219(a) [sic:
218(a)] for use at the site of any civilian
nuclear power reactor.’’
To implement this mandate, the
Commission approved dry storage of
spent nuclear fuel in NRC-approved
casks under a general license by
publishing a final rule that added a new
subpart K in part 72 of title 10 of the
Code of Federal Regulations (10 CFR)
entitled ‘‘General License for Storage of
Spent Fuel at Power Reactor Sites’’ (55
FR 29181; July 18, 1990). This rule also
established a new subpart L in 10 CFR
part 72 entitled ‘‘Approval of Spent Fuel
Storage Casks,’’ which contains
procedures and criteria for obtaining
NRC approval of spent fuel storage cask
designs. The NRC subsequently issued a
final rule on December 22, 1994 (59 FR
65898), that approved the TN Americas
LLC Standardized NUHOMS®
Horizontal Modular Storage System
design and added it to the list of NRCapproved cask designs provided in
§ 72.214 as Certificate of Compliance
No. 1004.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise,
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31885).
The NRC requests comment on the
proposed rule with respect to clarity
and effectiveness of the language used.
V. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
ADAMS Accession No./
Federal Register Citation
Document
khammond on DSKJM1Z7X2PROD with PROPOSALS
TN Americas LLC, Submittal of Application for Amendment 17 to Standardized NUHOMS® Certificate of Compliance No. 1004 for Spent Fuel Storage Casks, Revision 0.
TN America, LLC—Response to Request for Additional Information—Application for Amendment 17 to Standardized NUHOMS® Certificate of Compliance No. 1004 for Spent Fuel Storage Casks, Revision 1 (Docket No. 72–
1004. CAC No. 001028, EPID: L–2020–LLA–0128).
User Need Memo for Rulemaking for the Standardized NUHOMS® System, Certificate of Compliance No. 1004,
Renewed Amendment No. 17.
The NRC may post materials related
to this document, including public
comments, on the Federal Rulemaking
website at https://www.regulations.gov
under Docket ID NRC–2020–0274. The
Federal Rulemaking website allows you
to receive alerts when changes or
additions occur in a docket folder. To
subscribe: (1) Navigate to the docket
folder (NRC–2020–0274); (2) click the
‘‘Sign up for Email Alerts’’ link; and (3)
enter your email address and select how
frequently you would like to receive
emails (daily, weekly, or monthly).
15625
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021–06077 Filed 3–23–21; 8:45 am]
BILLING CODE 7590–01–P
ML20174A089 (package).
ML20255A206 (package).
ML20308A485 (package).
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0458]
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 recurring safety zone for
SUMMARY:
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Proposed Rules
certain waters of Apra Outer Harbor.
This action is necessary to provide for
the safety of life on these navigable
waters near Apra Harbor, Guam, during
fireworks displays. 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 April 23, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0458 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; telephone 671–355–4866,
email wwmguam@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
khammond on DSKJM1Z7X2PROD with PROPOSALS
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
Navy MWR conducts a recurring
fireworks display between 6 p.m. and 9
p.m. during the 1st week of July. The
fireworks are launched from a barge
positioned in Apra Outer Harbor.
Hazards from firework display include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The Captain of
the Port Guam (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 of 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 its authority in 46
U.S.C. 70034 (previously 33 U.S.C.
1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish
this recurring safety zone from 6 p.m. to
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15:59 Mar 23, 2021
Jkt 253001
9 p.m. during the first week of July. The
safety zone would cover all navigable
waters within 190 yards of the fireworks
barge located in Apra Outer Harbor. 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.
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).
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,
however vessels will be able to transit
around the area safely. 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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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Proposed Rules
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 a 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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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.
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15627
V. Public Participation and Request for
Comments
§ 165.1419 Safety Zone; Apra Outer
Harbor, Naval Base Guam.
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.
Comments we post to https://
www.regulations.gov 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 public comments, will be in
our online docket at https://
www.regulations.gov and can be viewed
by following that website’s instructions.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive. 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.
(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 barge will be anchored
approximately 500 yards off the north
tip of Polaris Point in Apra Outer
Harbor.
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
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.
■
2. Add § 165.1419 to read as follows:
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(b) Definition. As used in this section,
‘‘designated on-scene representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel, and a
Federal, State, and local officer either
designated by or assisting the Captain of
the Port (COTP) Sector Guam in the
enforcement of the safety zone.
(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) Persons and Vessel operators
desiring to enter or operate within the
safety zone must contact the COTP or a
designated on-scene representative to
obtain permission to do so. The COTP
or a designated 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 a designated onscene representative.
(d) Enforcement period. This safety
zone will be enforced on a specific date
during the 1st week of July from 6:00
p.m. to 9:00 p.m. annually, unless the
event is delayed or cancelled due to
weather. The Coast Guard will provide
advance notice of enforcement and a
broadcast notice to mariners to inform
public of specific date.
Dated: March 16, 2021.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
[FR Doc. 2021–06079 Filed 3–23–21; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Proposed Rules]
[Pages 15625-15627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06079]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0458]
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 recurring safety
zone for
[[Page 15626]]
certain waters of Apra Outer Harbor. This action is necessary to
provide for the safety of life on these navigable waters near Apra
Harbor, Guam, during fireworks displays. 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 April 23, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0458 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; telephone 671-355-4866, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
Navy MWR conducts a recurring fireworks display between 6 p.m. and
9 p.m. during the 1st week of July. The fireworks are launched from a
barge positioned in Apra Outer Harbor. Hazards from firework display
include accidental discharge of fireworks, dangerous projectiles, and
falling hot embers or other debris. The Captain of the Port Guam (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 of 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 its authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish this recurring safety zone from
6 p.m. to 9 p.m. during the first week of July. The safety zone would
cover all navigable waters within 190 yards of the fireworks barge
located in Apra Outer Harbor. 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. 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).
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, however vessels will be able to transit around the
area safely. 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
[[Page 15627]]
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 a 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. Comments we post to https://www.regulations.gov 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 public comments, will be in our online docket at
https://www.regulations.gov and can be viewed by following that
website's instructions. We review all comments received, but we will
only post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive. 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. 165.1419 to read as follows:
Sec. 165.1419 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
barge will be anchored approximately 500 yards off the north tip of
Polaris Point in Apra Outer Harbor.
(b) Definition. As used in this section, ``designated on-scene
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel, and a Federal, State, and local officer either designated
by or assisting the Captain of the Port (COTP) Sector Guam in the
enforcement of the safety zone.
(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) Persons and Vessel operators desiring to enter or operate
within the safety zone must contact the COTP or a designated on-scene
representative to obtain permission to do so. The COTP or a designated
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 a designated on-scene representative.
(d) Enforcement period. This safety zone will be enforced on a
specific date during the 1st week of July from 6:00 p.m. to 9:00 p.m.
annually, unless the event is delayed or cancelled due to weather. The
Coast Guard will provide advance notice of enforcement and a broadcast
notice to mariners to inform public of specific date.
Dated: March 16, 2021.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2021-06079 Filed 3-23-21; 8:45 am]
BILLING CODE 9110-04-P
