[Federal Register Volume 71, Number 96 (Thursday, May 18, 2006)]
[Rules and Regulations]
[Pages 28775-28777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4627]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Guam 06-008]
RIN 1625-AA00


Safety Zone; Tarague Basin and Adjacent Waters, GU

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the North Pacific Ocean bounded by a circle with a 2077-yard 
radius, centered at 13[deg]35'35'' North Latitude and 144[deg]56'29'' 
East Longitude (NAD 1983) in the vicinity of Pati Point, Guam. This 
safety zone is necessary to protect mariners who would otherwise 
transit or be within this area from possible safety hazards associated 
with U.S. Air Force detonation range operations. Entry of persons or 
vessels into this temporary safety zone is prohibited unless authorized 
by the Captain of the Port (COTP).

DATES: This safety zone is effective from 8 a.m. on May 4, 2006 to 4 
p.m. on July 30, 2006. The zone will be enforced every Sunday from 8 
a.m. to 4 p.m. from May 4, 2006 to July 30, 2006. All times are Kilo, 
Local Time.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket COTP Guam 06-008 and are available for 
inspection or copying at Coast Guard Sector Guam between 7:30 a.m. and 
3:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Jose M. 
Rosario, U.S. Coast Guard Sector Guam at (671) 339-2001 Extension 159.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The precise location of this 
detonation operation site, and the need for this safety zone, was not 
determined until less than 30 days before the range operations were 
scheduled to begin. Publishing an NPRM and delaying the effective date 
would be contrary to the public interest because the Air Force 
operations would begin before the rulemaking process was complete, 
thereby jeopardizing the safety of people and property unknowingly 
transiting or remaining in the area.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The COTP finds this good cause to 
be the immediate need for a safety zone to allay the aforementioned 
safety concerns surrounding the detonation operations.

Background and Purpose

    The Coast Guard expects that, every Sunday from 8 a.m. to 4 p.m. 
from May 4, 2006 to July 30, 2006, the U.S. Air Force will conduct 
range operations within the Guam Captain of the Port Zone. The Coast 
Guard has determined that a temporary safety zone in the waters of 
Tarague Basin bounded by a circle with a 2077-yard radius in the 
vicinity of Pati Point, Guam is necessary to protect people and 
property from hazards associated with the operation.

Discussion of Rule

    This temporary safety zone will be enforced every Sunday from 8 
a.m. to 4 p.m. from May 4, 2006 to July 30, 2006. It is located within 
the Guam Captain of the Port Zone (See 33 CFR 3.70-15) and covers all 
waters bounded by a circle with a 2077-yard radius, centered at 
13[deg]35'35'' North Latitude and 144[deg]56'29'' East Longitude (NAD 
1983), from the surface of the water to the ocean floor.
    The general regulations governing safety zones contained in 33 CFR 
165.23 apply. Entry into, transit through, or anchoring within this 
zone is prohibited unless authorized by the Captain of the Port or a 
designated representative thereof. Any Coast Guard commissioned, 
warrant, or petty officer, and any other Captain of the Port 
representative permitted by law, may enforce the zone. The Captain of 
the Port 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 safety.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under Sec.  
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under Sec.  
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. This 
expectation is based on the short durations of the zone and the limited 
geographic area affected by it.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will have a significant economic impact on 
a substantial number of small entities. 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. We expect that there will be little or no impact to small 
entities due to the narrowly tailored scope of this safety zone.

[[Page 28776]]

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding this rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards is inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., specifications of materials, performance, design, or operation; 
test methods; sampling procedures; and related management systems 
practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, under figure 2-1, paragraph (34)(g) of the Instruction, this 
rule is categorically excluded from further environmental 
documentation. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' will be available in the 
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T14-144 to read as follows:


Sec.  165.T14-144  Safety Zone; Tarague Basin and Adjacent Waters, GU.

    (a) Location. The following area, from the surface of the water to 
the ocean floor, is a safety zone: All waters bounded by a circle with 
a 2077-yard radius, centered at 13[deg]35'35'' North Latitude and 
144[deg]56'29'' East Longitude (NAD 1983) in the vicinity of Pati 
Point, Guam.
    (b) Effective Dates. This safety zone is effective from 8 a.m. on 
May 4, 2006 to 4 p.m. on July 30, 2006.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. Entry into, transit through, or 
anchoring within this zone is prohibited unless authorized by the 
Captain of the Port or a designated representative thereof.
    (d) Enforcement. This rule will be enforced every Sunday from 8 
a.m. to 4 p.m. from May 4, 2006 to July 30, 2006. Any Coast Guard 
commissioned, warrant, or petty officer may enforce this temporary 
safety zone.

[[Page 28777]]

    (e) Waiver. The Captain of the Port 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.

    Dated: May 4, 2006.
W.R. Marhoffer,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 06-4627 Filed 5-17-06; 8:45 am]
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