[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Rules and Regulations]
[Pages 28559-28561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12121]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0300]
RIN 1625-AA00


Safety Zone; Agat Marina, Agat, Guam

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish a safety zone in the waters of 
Agat Marina, Guam, to be enforced daily during the repairs to the Agat 
marina channel markers from 7:30 a.m. through 6:00 p.m. from May 25, 
2015 through June 8, 2015 while the construction barge is in the 
channel. The safety zone will encompass all waters within 25 yards of 
the construction barge in the Agat Marina Channel. This safety zone is 
necessary to protect the crew working the channel markers, and the 
mariners from the hazards of the repairs taking place at the Agat 
Marina.

DATES: This rule is effective from 7:30 a.m. May 25, 2015 through 6:00 
p.m., (local Kilo time) on August 8, 2015. This rule is enforced daily 
Monday through Saturday from 7:30 a.m. to 6:00 p.m. May 25, 2015 
through June 8, 2015 (local Kilo time).

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2015-0300 and are available online 
by going to http://www.regulations.gov, inserting USCG-2015-0300 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., 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 questions on viewing 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
COTP Captain of the Port
PAG Port Authority Guam

Regulatory 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 the official notification of Agat 
Marina Channel repairs, and the need for this safety zone, was not 
finalized 60 days prior to the start of the repairs. Publishing an NPRM 
and delaying the effective date would be contrary to the public 
interest since the event would occur before the rulemaking process was 
complete, thereby jeopardizing the safety of the people and property 
unknowingly transiting or remaining in the area.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for not publishing an NPRM prior to making this rule effective 
30 days after publication in the Federal Register. The COTP finds this 
good cause to be the immediate need for a safety zone to allay the 
aforementioned safety concerns surrounding the construction work to be 
undertaken at Agat Marina.

Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish 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; Public 
Law 107-295, 116 Stat. 2064; 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 the 
construction barge operating in a narrow channel.

Discussion of Rule

    In order to protect the public from the hazards of the construction 
associated with the channel marker replacement, the Coast Guard is 
establishing a temporary safety zone, enforced daily Monday through 
Saturday, from 7:30 a.m. to 6:00 p.m. May 25, 2015 through June 8, 2015 
(Kilo, Local Time). Enforcement dates may need to be changed or 
adjusted in the event that sea or weather conditions are not conducive 
to safe operations. In the event of a change in dates the new dates and 
times will be broadcast in a Broadcast Notice to Mariners and 
transmited via email to all port partners. The safety zone is located 
within the Guam COTP Zone (See 33 CFR 3.70-15), and will cover all 
waters of the Agat Marina Channel located at 13 degrees 28 minutes 54 
seconds North and 144 degrees 47 minutes 30 seconds East (NAD 1983), 
from the surface of the water to the ocean floor within 25 yards of the 
construction barge KIWI 1. There will be a no wake zone while 
transiting the entire channel. The general regulations governing safety 
zones contained in 33 CFR 165.23 apply. Any Coast Guard commissioned, 
warrant or petty officer, and any 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 are 
subject to the penalties set forth in 33 U.S.C. 1232.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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

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substantial number of small entities. This rule would affect the 
following entities, some which might be small entities: The owners or 
operators of vessels intending to transit the Agat Marina Channel daily 
from 07:30 a.m. May 25, 2015 through 6 p.m. June 8, 2015. Due to the 
nature of the work to be undertaken to ensure the proper demarkation of 
the Agat Marina Channel, the channel will be adversely affected during 
the anticipated 14 days of construction. The narrowing of the channel 
in the area around the construction barge will require additional 
safety precautions be taken by local mariners. The safety zone will not 
have significant economic impact on a substantial number small entities 
for the following reasons. The nature of the work and location of the 
barge may cause some delays in the entering and exiting of the channel 
by small boat operators berthed in the Agat Marina, however traffic 
will still be allowed to transit around the construction barge with no 
wake. Before the activation of the zone, maritime advisories will be 
widely available to users of the channel.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

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).

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.

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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use.

Technical Standards

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

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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves is categorically 
excluded from further environmental documentation because it is a 
regulation establishing a safety zone. An environmental analysis 
checklist and a categorical exclusion determination are available in 
the docket where indicated under ADDRESSES.

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 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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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.T14-300 to read as follows:


Sec.  165.T14-300  Safety Zone; Agat Marina, Agat, Guam.

    (a) Location. The following area, within the Guam COTP Zone (See 33 
CFR 3.70-15), from the surface of the water to the ocean floor, is a 
safety zone: 25 yards around the construction barge KIWI 1 in the 
waters of Agat Marina, Guam located at 13 degrees 28 minutes 54 seconds 
North and 144 degrees 47 minutes 30 seconds East (NAD 1983). There is a 
no wake zone established for the entire length of the Agat Channel.
    (b) Effective Dates. This rule is effective from 7:30 a.m. May 25, 
2015 through 6:00 p.m. on August 8, 2015 (Kilo, Local Time) while the 
construction barge KIWI 1 is in the channel.

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    (c) Regulations. 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. Authorization can be requested 
from PAG Harbor Master via phone at (671) 477-5931 ext 533.
    (d) Enforcement. This rule is enforced daily Monday through 
Saturday from 7:30 a.m. to 6:00 p.m. May 25, 2015 through June 8, 2015 
(Kilo, Local Time) while the construction barge KIWI 1 is in the 
channel. Any Coast Guard commissioned, warrant, or petty officer, and 
any other COTP representative permitted by law, may enforce this 
temporary 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.

    Dated: April 30, 2015.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2015-12121 Filed 5-18-15; 8:45 am]
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