[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Pages 53128-53130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21549]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0837]
RIN 1625-AA00


Safety Zone; Agat Bay and Outer Apra Harbor, GU

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of Agat Bay and Outer Apra Harbor, Guam. The zone will encompass 
two distinct areas, each area bounded by a circle with a 300-meter 
radius on the surface and a 2750-meter radius underwater, centered at 
13[deg]23[min]00[sec] N and 144[deg]35[min]00[sec] E (NAD 1983) and 
13[deg]27[min]42[sec] N and 144[deg]38[min]30[sec] E (NAD 1983) 
respectively. This safety zone is necessary to protect mariners who 
would otherwise transit or be within the affected area from possible 
safety hazards associated with an underwater detonation operation. 
Entry of persons or vessels into this temporary safety zone is 
prohibited unless authorized by the Captain of the Port.

DATES: This rule is effective beginning September 15, 2008, through 
September 17, 2008, daily between the hours of 8 a.m. and 11:59 p.m.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0837 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at two locations: The Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and the U.S. 
Coast Guard Sector Guam, Naval Base Guam, between 7:30 a.m. and 3:30 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, contact Lieutenant Krissy Marlin, U.S. Coast Guard 
Sector Guam, at (671) 355-4835. If you have questions on viewing the 
docket, call Renne V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: We encourage you to participate in this 
rulemaking by submitting comments and related materials. All comments 
received will be posted, without change, to http://www.regulations.gov 
and will include any personal information you have provided. We have an 
agreement with the Department of Transportation (DOT) to use the Docket 
Management Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0837), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
and e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments by only one means. If you 
submit them by mail or delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit them by mail and would like to know that they 
reached the Facility, please enclose a stamped, self-addressed postcard 
or

[[Page 53129]]

envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0837) 
in the Search box, and click ``Go >>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the Coast Guard Sector Guam, Naval Base Guam, between 7:30 
a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.

Background and Purpose

    The Coast Guard expects that, on September 15th, 16th and 17th 
2008, the U.S. Navy will conduct an underwater detonation of explosives 
operation within the Guam Captain of the Port Zone. The Coast Guard has 
determined that a temporary safety zone, that will encompass two 
distinct areas in the waters of Agat Bay and outer Apra Harbor, is 
necessary to protect mariners and divers from hazards associated with 
the operation. The areas are relatively close together, and both are 
areas where underwater demolition exercises will occur.

Discussion of Rule

    This temporary safety zone is effective daily between the hours of 
8 a.m. to 11:59 p.m. beginning September 15, 2008, through September 
17, 2008. The zone 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 
300-meter radius on the surface and a 2750-meter radius underwater, 
centered at 13[deg]23[min]00[sec] N and 144[deg]35[min]00[sec] E in 
Agat Bay and 13[deg]27[min]42[sec] N and 144[deg]38[min]30[sec] E in 
outer Apra Harbor, 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. 
Vessels or persons violating this rule are subject to the penalties set 
forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

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 under the regulatory policies 
and procedures of DHS is unnecessary. This expectation is based on the 
short duration 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.

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 either preempts State law or imposes 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 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

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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 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
under the Instruction 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 
Commandant Instruction M16475.1D, this rule is categorically excluded 
from further environmental documentation because it is a regulation 
establishing a safety zone.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects 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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T14-173 to read as follows:


Sec.  165.T14-173  Safety Zone; Agat Bay and adjacent waters, GU.

    (a) Location. The following areas, within the Guam Captain of the 
Port Zone (See 33 CFR 3.70-15), from the surface of the water to the 
ocean floor, are a safety zone:
    (1) All waters bounded by a circle with a 300-meter radius on the 
surface and a 2750-meter radius underwater, centered at 
13[deg]23[min]42[sec] N and 144[deg]35[min]00[sec] E (NAD 1983);
    (2) All waters bounded by a circle with a 300-meter radius on the 
surface and a 2750-meter radius underwater, centered at 
13[deg]27[min]42[sec] N and 144[deg]38[min]30[sec] E.
    (b) Effective Dates. This rule is effective beginning September 15, 
2008, through September 17, 2008, daily between the hours of 8 a.m. and 
11:59 p.m.
    (c) Enforcement Period. This rule will be enforced from 8 a.m. 
through 11:59 p.m., each day, from September 15, 2008, through 
September 17, 2008.
    (d) 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.
    (e) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other Captain of the Port representative permitted by 
law, may enforce this temporary safety zone.
    (f) 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: September 3, 2008.
T. Sparks,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. E8-21549 Filed 9-11-08; 4:15 pm]
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