[Federal Register Volume 79, Number 205 (Thursday, October 23, 2014)]
[Rules and Regulations]
[Pages 63315-63317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25273]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0849]
RIN 1625-AA00


Safety Zone; Ordinance Removal; Saipan Harbor, CNMI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in support of 
World War II ordinance disposal found southeast of Buoy 3 in Saipan 
Harbor. This safety zone will encompass a 140 yard radius centered 
around a blue and white buoy, located at approximately 15 degrees 
13.370 minutes North Latitude, 145 degrees 42.256 minutes East 
Longitude, southeast of Buoy 3 in Saipan Harbor. (NAD 1983)

DATES: This rule is effective without actual notice from October 23, 
2014 until December 18, 2014. For the purposes of enforcement, actual 
notice will be used from September 19, 2014, until October 23, 2014.

ADDRESSES: Documents indicated in this preamble are part of docket 
USCG-2014-0849. 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. 
(EST), Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call Chief Kristina Gauthier, U.S. Coast Guard Sector 
Guam at (671) 355-4866. If you have any questions on viewing or 
submitting material to the docket, call Cheryl Collins Program Manager, 
Docket Operations, at (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
COTP Captain of the Port

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (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 the ordinance on September 10, 2014. Due 
to the emergent nature of this incident, the Coast Guard did not have 
time to issue a notice of proposed rulemaking. The ordinance was 
discovered during operations related to the grounded M/V PAUL RUSS 
which was covered under the temporary final rule USCG-2013-0203.
    Under 5 U.S.C. 553(d)(3), for the same reason mentioned above, 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 removal of ordinance, and a grounded 
vessel, delaying the effective period of this safety zone would be 
contrary to the public interest.

B. 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 or environmental purposes. The purpose of this rulemaking is 
to protect mariners from the potential hazards associated with salvage 
operations. Approaching too close to such operations could potentially 
expose the mariner to hazardous conditions.

C. Discussion of Rule

    In order to protect the public from the hazards associated with the 
ordinance and subsequent removal operations, the Coast Guard is 
establishing a temporary safety zone, effective from September 19, 2014 
until December 18, 2014. The enforcement period for this rule is from 
September 19, 2014 until December 18, 2014.
    The safety zone is located within the Guam COTP Zone (See 33 CFR 
3.70-15), and will cover all waters bounded by a circle with a 140-yard 
radius centered around the ordinance, located at approximately 15 
degrees 13.370 North Latitude, 145 degrees 42.256 minutes East 
Longitude, 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 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 is unnecessary or impractical 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.

D. 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

[[Page 63316]]

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 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Traffic 
will be allowed to pass through the zone with the permission of the 
Coast Guard Patrol Commander 671-355-4821. During the effective period, 
we will issue maritime advisories widely available to users of the 
Saipan shipping channel and surrounding waters.

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 calls for no 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 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.

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 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.

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

    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 
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 a closed area of the Saipan Harbor, to vessel traffic and 
water sports above and below the water, until further notice. This rule 
is categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction.

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. Chapters 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.T14-0849 to read as follows:

[[Page 63317]]

Sec.  165.T14-0849  Safety Zone; Ordinance Removal, Saipan Harbor, 
CNMI.

    (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: All waters bounded by a circle with 
a 140-yard radius, centered around the World War II era ordinance, 
located at approximately 15 degrees 13.370 minutes North Latitude, 145 
degrees 42.256 minutes East Longitude, southeast of Buoy 3 in Saipan 
Harbor (NAD 1983).
    (b) Effective period. This rule is effective from September 19, 
2014 until December 18, 2014.
    (c) Enforcement period. This safety zone will be enforced from 
September 19, 2014 until December 18, 2014.
    (d) Regulations. The general regulations governing safety zones 
contained in Sec.  165.23 apply. Entry into, transit through or within 
this zone is prohibited 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 this temporary safety zone.
    (f) 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.
    (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 19, 2014.
B.J. Kettner,
Commander, U. S. Coast Guard, Captain of the Port Guam, Acting.
[FR Doc. 2014-25273 Filed 10-22-14; 8:45 am]
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