[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Proposed Rules]
[Pages 1789-1791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00280]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0935]


Regulated Navigation Areas and Limited Access Areas Waterway 
Management; Apra Harbor, Guam

AGENCY: Coast Guard, DHS.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Coast Guard is considering revising and consolidating 
existing Regulated Navigation Areas, Security Zones and Safety Zones 
currently in place in Apra Harbor, Guam. This action is intended to 
replace a number of redundant, potentially confusing and outdated 
navigation regulations with a cogent regulatory framework. The goal is 
to better meet the needs of the community today and ensure the safe and 
efficient use of the harbor by clarifying and streamlining requirements 
thereby reducing vessel operator confusion while transiting the waters 
of Apra Harbor, Guam. We are soliciting comments related to navigation 
in Apra Harbor, Guam including ways the Coast Guard can streamline the 
regulations in place while promoting safety on the waterway.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 11, 2014. Public meetings will be held from 12 
p.m. to 2 p.m. and from 6 p.m. to 8 p.m. on January 22, 2014.

ADDRESSES: The public meetings will be held at the Port Authority Guam 
Building, 1026 Cabras Highway, Piti, Guam. Documents mentioned in this 
preamble are part of Docket Number USCG-2013-0935. To view documents 
mentioned in this preamble as being available in the docket, go to 
http://www.regulations.gov, type the docket number in the ``SEARCH'' 
box and click ``SEARCH.'' Click on ``Open Docket Folder'' on the line 
associated with this rulemaking. The following link will take you 
directly to the docket: http://www.regulations.gov/#!docketDetail;=USCG-2013-0935. If you do not have access to the 
Internet, you may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the Department of Transportation West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may submit comments, identified by docket number, using any one 
of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
document, call or email Mr. Terry Rice, Fourteenth Coast Guard 
District, U. S. Coast Guard; telephone (808) 535-3264, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
ESQD Explosive Safe Quantity Distance
FR Federal Register
NPRM Notice of Proposed Rulemaking
RNA Regulated Navigation Area

A. Public Participation and Request for Comments

    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.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a

[[Page 1790]]

comment online, it will be considered received by the Coast Guard when 
you successfully transmit the comment. If you fax, hand deliver, or 
mail your comment, it will be considered as having been received by the 
Coast Guard when it is received at the Docket Management Facility. We 
recommend that you include your name and a mailing address, an email 
address, or a telephone number in the body of your document so that we 
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on ``Submit a Comment'' on the line associated with this 
rulemaking.
    If you submit your comments by mail or hand 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 comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. 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, 
type the docket number in the ``SEARCH'' box and click ``SEARCH.'' 
Click on Open Docket Folder on the line associated with this document. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We plan to hold two public meetings. The first meeting will be on 
January 22, 2014 at noon at Port Authority Guam, 1026 Cabras Highway, 
Piti, Guam. The second meeting will be on January 22, 2014 at 6 p.m. at 
Port Authority Guam, 1026 Cabras Highway, Piti, Guam. We plan to post 
the minutes and a written summary of the meeting, including all 
comments made at the meeting, in the docket. For information on 
facilities or services for individuals with disabilities or to request 
special assistance at the public meeting, contact the person named in 
the FOR FURTHER INFORMATION CONTACT section, above.

5. Regulatory History and Information

    Navigational regulations of Apra Harbor have been in place in 
various forms dating back to the era of U.S. Navy administration of 
Guam. Some of the regulations predate the promulgation of the Ports and 
Waterways Safety Act of 1972, were initially included in 33 CFR Parts 
127 and 128, and subsequently re-codified in 33 CFR Part 165 on July 8, 
1982 as part of a regulatory reorganization effort. The regulations in 
part 165 were subsequently amended in 1986, 1990, 1996, 1998 and 2003. 
Between 1972 and 2003 four Regulated Navigation Areas, three Security 
Zones and two Safety Zones were created and/or amended. One of the 
Security Zones was subsequently deleted, another changed to a Safety 
Zone, and an additional safety zone created.
    Apra Harbor safety zones regulations in 33 CFR 165.1401 were last 
amended in 1990 (55 FR 18725, May 4, 1990). These zones were 
established as security zones in 1972 (37 FR 10800, 31 May 1972); 
amended in 1975 (40 FR 1016, Jan. 6, 1975); codified in 33 CFR 127.1401 
(a) and (b) in 1982 as part of a regulatory reorganization effort (47 
FR 29569, 29667, July 8, 1982); and were subsequently disestablished 
and re-established as safety zones in 1990 (55 FR 18725, May 4, 1990).
    Apra Outer Harbor regulated navigation area regulations in 33 CFR 
165.1402 were established by 33 CFR part 165 (47 FR 29660, July 8, 
1982), and amended in 1996, and subsequently again in 1998 (63 FR 
35533, June 30, 1998).
    Apra Outer Harbor regulated navigation area regulations in 33 CFR 
165.1404 were first established in 33 CFR part 128 in 1972 (37 FR 
10800, May 31, 1972). They were moved to 33 CFR part 165 in 1982 (47 FR 
29569, July 8, 1982), and amended in 1996 (61 FR 33660, June 28, 1996; 
and subsequently in 1998 (63 FR 35524, June 30, 1998].
    Apra Harbor Security Zone C in 33 CFR 165.1404 was promulgated in 
1990 (55 FR 18724, May 4, 1990).
    Regulated Navigation Areas and Security Zones regulations in 33 CFR 
165.1405 regarding; Designated Escorted Vessels-Philippine Sea and Apra 
Harbor Guam (including Cabras Island Channel) were established in 2003 
(68 FR 4383, Jan. 29, 2003).

6. Basis and Purpose

    The legal basis for this rulemaking is the Coast Guard's authority 
to establish regulated navigation areas and other limited access areas: 
33 U.S.C 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 
33 CFR 1.05-1, 6.04-6,160.5; Pub L. 107-295, 116 Stat. 2064; and 
Department of Homeland Security Delegation No. 0170.1.
    Currently there are four Regulated Navigation Areas (RNA), one 
Security Zone and two Safety Zones within and approaching Apra Harbor. 
These regulations, included in 33 CFR 165.1401, 165.1402, 165.1404 and 
165.1405, while intended to improve the safety and security of Apra 
Harbor and the mariners operating therein, are potentially confusing, 
overlapping, and do not adequately address current needs. The purpose 
of this ANPRM is to solicit comments on how to revise and simplify the 
current rules, taking into account relevant safety and security 
navigational requirements for the waters of Apra Harbor (including 
approaches). This proposed rulemaking will create a regulatory scheme 
that ensures the needs of all stakeholders are addressed in a concise, 
understandable format.

7. Discussion

    As noted, the regulatory scheme in Apra Harbor does not meet 
current needs. A thorough review and consolidation of the Regulated 
Navigation Areas and Limited Access Areas (Safety or Security Zones) 
will simplify harbor transit communication, lessen confusion regarding 
harbor transit requirements, and address current safety and security 
concerns of all stakeholders.
    A Regulated Navigation Area is a water area within a defined 
boundary for which regulations for vessels navigating within the area 
have been established. See 33 CFR 165.10.
    A Safety Zone is a water area, shore area, or water and shore area 
to which, for safety or environmental purposes, access is limited to 
authorized persons, vehicles, or vessels. It may be stationary and 
described by fixed limits or it may be described as a zone around a 
vessel in motion. See 33 CFR 165.20.
    A Security Zone is an area of land, water, or land and water which 
is so designated by the Captain of the Port or District Commander for 
such time as necessary to prevent damage or injury to any vessel or 
waterfront facility, to safeguard ports, harbors, territories, or

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waters of the United States or to secure the observance of the rights 
and obligations of the United States. See 33 CFR 165.30.
    The Coast Guard is considering:
     Consolidating the existing four RNAs, (33 CFR 
165.1405(a)(1), (a)(2), (a)(4) and 165.1402(a)), into one Regulated 
Navigational Area that addresses the waters of the Apra Harbor Channel 
entrance and all waters of the Apra Harbor outer harbor.
     Expanding the radius of the existing Kilo Wharf Safety 
Zone (33 CFR 165.1401(b)) into a series of two or three safety zone 
radius options based upon the volume and type of cargo transferred at 
Kilo Wharf, thereby optimizing harbor operations viability and personal 
safety.
     Removing Hotel Wharf Safety Zones A and B (33 CFR 
165.1405.1(a) and (b)) due to obsolescence.
     Retaining Security Zone C, Buoy 702 (33 CFR 165.1404). 
This zone surrounds a permanent mooring buoy reserved for specific 
vessels.

B. Information Requested

    Public participation is requested to assist in determining the 
optimal way forward. The Coast Guard is seeking to identify what 
problems mariners and the public are experiencing with the current 
regulatory scheme, including but not limited to: The impacts of 
existing safety and security zones; suggestions for regulatory 
amendment to improve navigation while assuring safety concerns are 
adequately addressed; and potential impacts if the Kilo Wharf Safety 
Zone is amended to include a flexible expansion capability during 
periods of increased munitions cargo volume operations. The Coast Guard 
also seeks to determine the viability of alternative vessel transit and 
cargo operations methodologies (e.g., night vs. daylight cargo 
transfers, or alteration of charter operator schedules or locations).
    Again, the Coast Guard seeks input for aid in developing a proposed 
rule. Please submit any comments or concerns you may have in accordance 
with the ``submitting comments'' section above.
    This document is issued under the authority of 5 U.S.C. 552(a); 33 
CFR 1.05-1, and 1.05-30.

    Dated: December 18, 2013.
C.B. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard 
District.
[FR Doc. 2014-00280 Filed 1-9-14; 8:45 am]
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