[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Proposed Rules]
[Pages 59173-59176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23163]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0813]
RIN 1625-AA00


Safety Zone; Navy UNDET, Outer Apra Harbor and Adjacent Waters, 
Guam

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish safety zones for 
underwater detonation operations in the waters of outer Apra Harbor, 
Guam. This rule would be effective from 2 p.m. on November 5, 2014, 
until 4 p.m. on November 6, 2014 (kilo, Local Time). The enforcement 
period for this rule would be from 2 p.m. to 4 p.m. on November 5, 2014 
and from 2 p.m. to 4 p.m. November 6, 2014. The Coast Guard believes 
this safety zone regulation is necessary to protect all persons and 
vessels that would otherwise transit or be within the affected area 
from possible safety hazards associated with an underwater detonation 
operation.

[[Page 59174]]


DATES: Comments and related material must be received by the Coast 
Guard on or before October 21, 2014.

ADDRESSES: 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, Sector Guam, U.S. Coast Guard; 
(671) 355-4866, [email protected]. If you have questions on 
viewing or submitting material to the docket, call Cheryl F. Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

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 USCG-2014-0813 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 USCG-2014-0813 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).

B. Regulatory History and Information

    There have been two previous temporary final rules for safety zones 
around underwater detonations by the U.S. Navy at this location in the 
past year. Those rules were assigned docket numbers USCG-2014-0527 and 
USCG-2014-0356. We learned of the need for the safety zone regulation 
we are proposing on 26 August 2014. We have provided a 20-day comment 
period for this proposed rule. If after considering comments we decide 
to issue a temporary final rule, we would need to make that rule 
effective less than 30 days after publication and would cite to good 
cause for doing so under 5 U.S.C. 553(d)(3).

C. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C 1231; 33 CFR 1.05-1, 6.04-6, 160.5; and Department of Homeland 
Security Delegation No. 0170.1. 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 purposes.
    The purpose of this rulemaking is to protect mariners from the 
potential hazards associated with a U.S. Navy training exercise which 
include detonation of underwater explosives. Approaching too close to 
such exercises could potentially expose the mariner to flying debris or 
other hazardous conditions.

D. Discussion of Proposed Rule

    In order to protect the public from the hazards of the U.S. Navy 
training exercise, the Coast Guard proposes to establish a temporary 
safety zone regulation, effective from 2 p.m. November 5, 2014, through 
4 p.m. November 6, 2014 (Kilo, Local Time). The enforcement periods for 
this rule would be from 2 p.m. to 4 p.m. on November 5, 2014 and from 2 
p.m. to 4 p.m. on November 6, 2014.
    The safety zones would be located within the Guam COTP Zone (See 33 
CFR 3.70-15), and will cover all waters bounded by a circle with a 700-
yard radius for vessels and a 1367 yard radius for persons in the 
water, centered at: 13[deg]27'42'' N and 144[deg]38'30'' E, 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 safety 
zones is prohibited unless authorized by the COTP or a designated 
representative thereof. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP representative permitted by law, may 
enforce the zone. 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 regulation is unnecessary or impractical

[[Page 59175]]

for the purpose of maritime safety. Vessels or persons violating this 
rule may be subject to the penalties set forth in 33 U.S.C. 1232 and/or 
50 U.S.C. 192.

E. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed 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 
short duration of the safety zone regulation and the limited geographic 
area affected by it.

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 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 will not have a significant economic impact on a 
substantial number of small entities.
    This safety zone regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This rule would affect the following entities, some of which 
might be small entities: the owners or operators of vessels intending 
to transit through a portion of the zones from 2 p.m. through 4 p.m. on 
November 5 and 6, 2014. This rule would be enforced for only 2 hours 
each day and vessel traffic can pass safely around the safety zones. 
The safety zones do not encompass the entire harbor and safe transit is 
still allowed to pass through, in and out of Apra Harbor. Further 
traffic will be allowed to pass through the zones with the permission 
of the Coast Guard Patrol Commander 671-487-4817. Before the effective 
period, we will issue maritime advisories widely available to users of 
outer Apra Harbor.
    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.

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 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 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 proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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 Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions

[[Page 59176]]

Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this proposed 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 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 closed area of Outer Apra Harbor, to vessel traffic, for 2 
hours on each of 2 days. This rule is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A preliminary environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
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 proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record-
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
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: 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, 160.5; Public Law 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.T14-0813 to read as follows:


Sec.  165.T14-0813  Safety Zones; Outer Apra Harbor and adjacent 
waters, Guam.

    (a) Location. The following areas, 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, are safety zones:
    (1) Seven-hundred-yard-radius zone. All waters bounded by a circle 
with a 700-yard radius centered at 13[deg]27'42'' N and 144[deg]38'30'' 
E, (NAD 1983) are included.
    (2) One-thousand-three-hundred-and-sixty-seven-yard-radius zone. 
All waters bounded by a circle with a 1367-yard radius centered at 
13[deg]27'42'' N and 144[deg]38'30'' E, (NAD 1983) are included.
    (b) Effective period. This section is effective from 2 p.m. on 
November 5, 2014 through 4 p.m. on November 6, 2014 (Kilo, Local Time).
    (c) Enforcement periods. The safety zones described in paragraph 
(a) of this section will be enforced during the U.S. Navy underwater 
detonation operation, from 2 p.m. until 4 p.m. on November 5, 2014, and 
2 p.m. to 4 p.m. on November 6, 2014 (Kilo, Local Time).
    (d) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. No vessels may enter or transit 
safety zone (a)(1) and no persons in the water may enter or transit 
safety zone (a)(2) unless authorized by the COTP or a designated 
representative thereof.
    (e) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP representative permitted by law, may 
enforce these temporary safety zones.
    (f) Waiver. The COTP may waive any of the requirements of this 
section 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.
    (g) 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: September 7, 2014.
Brenden J. Kettner,
Commander, U.S. Coast Guard, Captain of the Port Guam, Acting.
[FR Doc. 2014-23163 Filed 9-30-14; 8:45 am]
BILLING CODE 9110-04-P