[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Rules and Regulations]
[Pages 53295-53297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21382]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0732]
RIN 1625-AA00


Safety Zone, Tarague Basin; Anderson AFB, GU

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing a safety zone in the waters 
off of Tarague Basin, Anderson AFB, Guam, for the safety of waterway 
users, during U.S. Air Force explosive ordnance disposal operations. 
The U.S. Air Force plans to engage in explosive ordnance disposal 
operations starting in August 2014, and continue to do so at varying 
times weekly, for an indefinite duration. The safety zone is activated, 
and therefore subject to enforcement, during these operations. When the 
safety zone is activated for enforcement, all entry into the safety 
zone (including vessels and persons) is prohibited except by permission 
from the Captain of the Port or his designated representative. The 
Coast Guard is implementing this interim rule for the safety of 
mariners; we encourage comments on this rulemaking as to how we may 
improve the rule.

DATES: This rule is effective without actual notice September 9, 2014. 
For the purposes of enforcement, actual notice will be used from August 
22, 2014, until September 9, 2014. Comments and related material must 
be received by the Coast Guard on or before November 10, 2014.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2014-0732. 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. 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 rule, 
call or email Chief Kristina Gauthier, U.S. Coast Guard Sector Guam at 
(671) 355-4866, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone (202) 366-9826 
or 1-800-647-5527.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

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 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 interim 
rule.
    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 
rulemaking. 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 do not plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

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B. Regulatory History and Information

    The Coast Guard is issuing this interim rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard received notice of these explosive ordnance disposal 
operations on August 4, 2014. The first operation was scheduled for 
August 8, 2014. Due to this late notice, the Coast Guard did not have 
time to issue a notice of proposed rulemaking.
    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 due to the late notice and inherent 
danger in explosive ordnance disposal. Delaying the effective period of 
this safety zone would be contrary to the public interest.

C. Basis and Purpose

    The statutory basis for this rulemaking is 33 U.S.C. 1231, which 
gives the Coast Guard, under a delegation from the Secretary of 
Homeland Security, regulatory authority to implement the Ports and 
Waterways Safety Act. A safety zone is a water area, shore area, or 
water and shore area, for which access is limited to authorized person, 
vehicles, or vessels for safety or environmental purposes.
    The purpose of this rulemaking is to protect mariners from the 
potential hazards associated with U.S. Air Force explosive ordnance 
disposal operations. Approaching too close to such operations could 
expose the mariner to flying debris or other hazardous conditions.

D. Discussion of the Interim Rule

    The Coast Guard was recently made aware that the U.S. Air Force 
plans to engage in explosive ordnance disposal operations, in the 
vicinity of Tarague Basin, starting in August 2014, and continue to do 
so at varying times weekly, for an indefinite duration. In order to 
protect the public from the hazards of the U.S. Air Force explosive 
ordnance disposal, the Coast Guard is establishing a safety zone 
without prior notice and opportunity to comment. This safety zone will 
be enforced only at times when the orange range flag is hoisted. We 
estimate the zone will be enforced approximately 6 hours a week.
    Enforcement periods will be indicated by a raised orange range flag 
located on a pole located 1250 feet west of Demo Pit at 13 degrees 35 
minutes 59.751 seconds North Latitude and 144 degrees 55 minutes 
27.4476 seconds East Longitude. These explosive ordnance disposals 
will, under normal circumstances happen during daylight hours. In case 
of an emergency explosive ordnance disposal after daylight hours may 
occur and the orange range flag will be illuminated.
    For the purposes of enforcement, actual notice will be used from 
August 22, 2014, until this interim rule is published, September 9, 
2014, to inform those near the area of the rule. After publication of 
this rule, we will rely on constructive notice. The first scheduled 
operation was 7:15 a.m. on August 8, 2014 (Kilo, Local Time).
    The Coast Guard is requesting public comment on this interim rule. 
Please submit any comments and related material on or before November 
10, 2014. We may amend or otherwise change the interim rule based on 
your comments.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The Coast Guard expects 
the economic impact of this rule to be extremely minimal based on the 
limited geographic area affected and the limited enforcement times of 
the safety zone.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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. 
This safety zone will only be enforced during U.S. Air Force explosive 
ordnance disposal operations. This zone will encompass one mile arc in 
the water, from the center point, allowing for safe vessel passage 
outside of the zone.

3. Assistance for Small Entities

    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 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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    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 rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the ``For Further 
Information Contact'' section to coordinate protest activities so that 
your message can be received without

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jeopardizing the safety or security of people, places or vessels.

7. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

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

9. 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.

10. Protection of Children From Environmental Health Risks

    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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
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 rule involves the closure of the waterfront around 
Tarague Basin for approximately 6 hours a week. This rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination will be made available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

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 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. 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; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.1416 to read as follows:


Sec.  165.1416  Safety Zone; Tarague Basin; Anderson AFB, GU.

    (a) Location. The following area, within the Guam Captain of the 
Port (COTP) Zone (See 33 CFR 3.70-15), from the surface of the water to 
the ocean floor, is a safety zone: A 1-mile radius centered on 13 
degrees 35 minutes 59 seconds North Latitude and 144 degrees 55 minutes 
38 seconds East Longitude (NAD 1983) including the water arc between 
points 13 degrees 36 minutes 00 seconds North Latitude, 144 degrees 56 
minutes 32 seconds East Longitude and 13 degrees 36 minutes 12 seconds 
North Latitude, 144 degrees 54 minutes 48 seconds East Longitude (NAD 
1983).
    (b) Enforcement period. This section will be enforced only during 
U.S. Air Force explosive ordnance disposal operations and only when an 
orange range flag is hoisted 1250 feet west of the Demo Pit at 13 
degrees 35 minutes 59.751 seconds North Latitude and 144 degrees 55 
minutes 27.4476 seconds East Longitude. In case of an emergency, an 
explosive ordnance disposal after daylight hours may occur in which 
case the orange range flag will be illuminated.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply to the zone described in paragraph (a) 
of this section. Entry into, transit through or within this zone is 
prohibited unless authorized by the COTP or a designated representative 
thereof.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP representative permitted by law, may 
enforce this safety zone.
    (e) 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.
    (f) Penalties. 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.

    Dated: August 22, 2014.
Brenden J. Kettner,
Commander, U.S. Coast Guard, Captain of the Port Guam, Acting.
[FR Doc. 2014-21382 Filed 9-8-14; 8:45 am]
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