[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Rules and Regulations]
[Pages 1336-1338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00181]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0935]
RIN 1625-AA00, 1625-AA11, and 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising and consolidating existing 
regulated navigation areas, security zones and safety zones currently 
in place in Apra Harbor, Guam. This action will replace existing 
redundant, potentially confusing and outdated navigation regulations 
with a cogent regulatory framework in order to better meet the needs of 
the community and help ensure the safe and efficient use of the harbor.

DATES: This rule is effective on February 10, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
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. 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.

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. Regulatory History and Information

    An Advance Notice of Public Rule Making (ANPRM) on this action to 
revise and consolidate the existing regulated navigation areas, 
security zones and safety zones in and around Apra Harbor, Guam was 
published on January 10, 2014 and two public meetings were held on 
January 22, 2014. Three comments were received during the comment 
period. Subsequently, after consideration of all comments, a Notice of 
Proposed Rule Making (NPRM) on this action was published on September 
19, 2014. The closing date for comments regarding the NPRM was November 
3, 2014. No new comments were received. No subsequent public meetings 
were requested or held.

B. 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; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 160.5; and 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rulemaking is to revise and consolidate the 
existing regulated navigation areas, security zones and safety zones in 
and around Arpa Harbor, Guam. 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 were 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 
removed, another changed to a safety zone, and an additional safety 
zone created. The following details this history:
    Apra Harbor, Guam safety zone 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, January 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, Guam 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 (61 FR 33669, June 28, 1996), and 
subsequently again in 1998 (63 FR 35533, June 30, 1998).
    Apra Harbor Security Zone in 33 CFR 165.1404 was promulgated in 
1990 (55 FR 18725, May 4, 1990).
    Other Regulated Navigation Areas and Security Zone 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 4384, January 29, 2003).
    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, 1402, 1404 and 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 
rulemaking is to simplify the current regulations, taking into account 
relevant safety and security navigational requirements for the waters 
of Apra Harbor, including approaches to the Harbor. This rulemaking 
creates a regulatory scheme that ensures the needs of all stakeholders 
are addressed in a concise, understandable format through consolidation 
of the regulated navigation areas and rationalization of

[[Page 1337]]

limited access areas (safety or security zones).

C. Discussion of Comments, Changes, and the Final Rule

    No comments regarding the Notice of Proposed Rule Making were 
received. The regulatory text of the Final Rule is the same as the 
regulatory text of the Notice of Proposed Rule Making without change.
    By this rulemaking, the Coast Guard is:
     Revising 33 CFR 165.1401 by:
    [cir] Removing the safety zone around Wharf H as the wharf is no 
longer used for explosives cargo handling on a regular basis.
    [cir] Removing Wharf H terminology in the special regulation 
paragraph, as it no longer applies.
    [cir] Expanding and re-designating the safety zone around Naval 
Wharf Kilo as Safety Zones A and B, to address the increasing volumes 
of explosive cargoes handled by the wharf, while assuring operational 
flexibility to maritime operators under varying cargo load conditions 
and their explosive arcs. The activation and enforcement of Safety Zone 
A will be visually indicated by a red (BRAVO) flag and a ``SAFETY ZONE 
A'' sign displayed at Naval Wharf Kilo. The activation and enforcement 
of Safety Zone B will be visually indicated by a red (BRAVO) flag and a 
``SAFETY ZONE B'' sign displayed at Naval Wharf Kilo.
     Removing 33 CFR 165.1402 because:
    [cir] The Regulated Navigation Area (RNA) designated in paragraph 
(a) is redundant and less precise than a subsequent RNA addressing the 
area, 33 CFR 165.1405(a)(1) and (2), that was made effective January 
29, 2003 (68 FR 4384, Jan. 29, 2003).
    [cir] The existing Sec.  165.1402(b) regulations are outdated, 
concurrently addressed by Coast Guard anchorage regulation 33 CFR 
110.238, and local government harbor regulations.
     Amending 33 CFR 165.1405 by:
    [cir] Removing the words ``(including Cabras Island Channel)'' from 
the section heading,
    [cir] Removing paragraph (a)(4) because Cabras Island Channel is 
already encompassed by paragraph (a)(2), Apra Harbor.
    [cir] Revising paragraph (a)(2) by replacing a reference to ``Apra 
Harbor'' with ``Apra Outer Harbor.'' This is appropriate because the 
current regulation is redundant in addressing the waters of Apra Inner 
Harbor that are restricted by existing U.S. Army Corps of Engineers 
regulation 33 CFR 334.1430.

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 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. This rulemaking will not 
adversely impact the economy or a segment of the economy in Guam, 
interfere with another agency, alter any entitlements, grants, user 
fees, or loans, or raise a novel or controversial question of law or 
policy. This rulemaking will streamline the current regulations in 
place, actually decreasing the burden on waterway users. Further, 
although the intention is to expand the safety zones around Naval Wharf 
Kilo, traffic will be permitted to pass through the zones with the 
permission of the Captain of the Port. In fact, providing two safety 
zones will limit the burden on the mariner, allowing a closer approach 
to Naval Wharf Kilo under certain conditions.

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 
received 0 comments from the Small Business Administration on this 
rule. 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 rulemaking is intended to streamline the current 
regulations in place, actually decreasing the burden on certain small 
entities and waterway users.

3. 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).

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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,

[[Page 1338]]

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

11. 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.

12. Technical Standards

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

13. 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 consolidation and rationalization 
of existing Apra Harbor navigation regulations. 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 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 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. Revise Sec.  165.1401 to read as follows:


Sec.  165.1401  Apra Harbor, Guam--safety zones.

    (a) Location. (1) The following is designated Safety Zone A: The 
waters of Apra Outer Harbor encompassed within an arc of 1,000 yards 
radius centered at the center of Naval Wharf Kilo, located at 13 
degrees 26'44.5'' N and 144 degrees 37'50.7'' E. (Based on World 
Geodetic System 1984 Datum).
    (2) The following is designated Safety Zone B: The waters of Apra 
Outer Harbor encompassed within an arc of 1,400 yards radius centered 
at the center of Naval Wharf Kilo, located at 13 degrees 26'44.5'' N 
and 144 degrees 37'50.7'' E. (Based on World Geodetic System 1984 
Datum).
    (b) Special regulations. (1) Safety Zone A, described in paragraph 
(a) of this section, will only be enforced when Naval Wharf Kilo, or a 
vessel berthed at Naval Wharf Kilo, is displaying a red (BRAVO) flag by 
day or a red light by night, accompanied by a ``SAFETY ZONE A'' sign.
    (2) Safety Zone B, described in paragraph (a) of this section, will 
only be enforced when Naval Wharf Kilo, or a vessel berthed at Naval 
Wharf Kilo, is displaying a red (BRAVO) flag by day or a red light by 
night, accompanied by a ``SAFETY ZONE B'' sign.
    (3) Under general regulations in Sec.  165.23, entry into the zones 
described in paragraph (a) of this section is prohibited unless 
authorized by the Captain of the Port, Guam.


Sec.  165.1402  [Removed]

0
3. Remove Sec.  165.1402.

0
4. In Sec.  165.1405, revise the section heading and paragraph (a)(2) 
and remove paragraph (a)(4) to read as follows:


Sec.  165.1405  Regulated Navigation Areas and Security Zones: 
Designated Escorted Vessels-Philippine Sea and Apra Harbor Guam, and 
Tanapag Harbor, Saipan, Commonwealth of the Northern Mariana Islands 
(CNMI).

    (a) * * *
    (2) Apra Outer Harbor, Guam--All waters from surface to bottom of 
Apra Outer Harbor, Guam, shoreward of the COLREGS Demarcation line as 
described in 33 CFR part 80.
* * * * *

    Dated: December 19, 2014.
C. B. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Fourteenth Coast Guard 
District.
[FR Doc. 2015-00181 Filed 1-8-15; 8:45 am]
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