[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Rules and Regulations]
[Pages 28833-28835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12109]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0304]
RIN 1625-AA00


Safety Zones; Apra Outer Harbor and Adjacent Waters, Guam

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for underwater 
detonation operations in the waters of Apra Outer Harbor, Guam. This 
rule is effective from 10 a.m. until 4 p.m. on May 15, 2015 and May 21, 
2015 (kilo, Local Time). The enforcement period for this rule is from 
10 a.m. to 4 p.m. on May 15, 2015 and May 21, 2015. 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 underwater 
detonation operations.

DATES: This rule is effective without actual notice from May 20, 2015 
through 4 p.m. May 21, 2015 (kilo, Local Time). For the purposes of 
enforcement, actual notice will be used from 10 a.m. on May 15, 2015 
until May 20, 2015.

ADDRESSES: Documents indicated in this preamble are part of docket 
USCG-2015-0304. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number USCG-2015-03XX 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. You may also visit the Coast Guard Sector Guam, Naval Base 
Guam, between 7:30 a.m. and 3:30 p.m. (Kilo, Local Time), Monday 
through Friday, except Federal holidays.

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 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
COTP Captain of the Port

A. 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 doing so would be impracticable. The 
Coast Guard received notice of this operation on March 31, 2015, only 
46 days before the operation is scheduled. 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), 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 underwater detonation exercises, 
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 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.

C. Discussion of Rule

    In order to protect the public from the hazards of the U.S. Navy 
training exercise, the Coast Guard is establishing a temporary safety 
zone, effective from 10 a.m. May 15, 2015 through 4 p.m. May 21, 2015 
(Kilo, Local Time). The enforcement periods for this rule will be from 
10 a.m. to 4 p.m. on May 15, 2015 and May 21, 2015.
    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 700-yard 
radius for vessels

[[Page 28834]]

persons in the water, centered at: 13[deg]27.700' N. and 
144[deg]38.500' 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 
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 a number of these statutes or 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 
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 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 10 a.m. through 4 p.m. 
on May 15, 2015 and May 21, 2015. This rule will be enforced for only 6 
hours each day and vessel traffic can pass safely around the safety 
zone. The safety zone does 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 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 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

[[Page 28835]]

11. Indian Tribal Governments

    This 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 rule 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 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 rule involves a closed area of 
Apra Outer Harbor, to vessel traffic, for 6 hours on both May 15, 2015 
and May 21, 2015. 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. 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 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. 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.T14-0304 to read as follows:


Sec.  165.  T14-0304 Safety Zones; Apra Outer Harbor and adjacent 
waters, Guam.

    (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: Seven-hundred-yard-radius zone--All 
waters bounded by a circle with a 700-yard radius centered at 
13[deg]27.700' N. and 144[deg]38.500' E., (NAD 1983).
    (b) Effective period. This section is effective from 10 a.m. on May 
15, 2015 to 4 p.m. on May 21, 2015 (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 10 a.m. until 4 p.m. on May 15, 2015 and May 
21, 2015 (Kilo, Local Time).
    (d) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. No vessels may enter or transit the 
safety zone 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: April 30, 2015.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2015-12109 Filed 5-19-15; 8:45 am]
 BILLING CODE 9110-04-P