[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Rules and Regulations]
[Pages 7974-7976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03224]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1096]
RIN 1625-AA00


Safety Zone; Navy UNDET, Apra Outer Harbor, GU

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
underwater detonation operations in the waters of Apra Outer Harbor in 
Piti, Guam. This rule is effective from 10 a.m. until 4 p.m. on 
February 19, 2016. 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. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Guam.

DATES: This rule is effective from 10 a.m. through 4 p.m. on February 
19, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1096 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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].

[[Page 7975]]


SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
UNDET Underwater detonation
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 and 
contrary to public interest. The Coast Guard received notice of this 
operation on December 10, 2015, only 71 days before the operation is 
scheduled. As a result, the Coast Guard did not have time to issue a 
notice of proposed rulemaking. It is impracticable to publish an NPRM 
because we must establish this safety zone by February 19, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Due to the late notice 
and inherent danger in underwater exercises, delaying the effective 
period of this safety zone would be contrary to the public interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Guam (COTP) has determined that potential 
hazards associated with the U.S. Navy training exercise which include 
detonation of underwater explosives on February 19, 2016 will be a 
safety concern for anyone within a 700-yard radius on the surface and 
1400-yard radius underwater of the operation. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone during the exercise. Mariners and divers 
approaching too close to such exercises could potentially expose the 
mariner to flying debris or other hazardous conditions.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 a.m. through 4 p.m. on 
February 19, 2016. The safety zone will cover all navigable waters 
within 700 yards on the surface and 1400 yards underwater of vessels 
and machinery being used by Navy. The duration of the zone is intended 
to protect personnel, vessels, and the marine environment in these 
navigable waters during the underwater detonation exercise. No vessel 
or person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic will be able 
to safely transit around this safety zone which will impact a small 
designated area of Apra Outer Harbor in Piti, GU, for 6 hours. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the zone and the rule allows vessels to 
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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

[[Page 7976]]

relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes. If you believe this rule has implications 
for federalism or Indian tribes, please contact the person listed in 
the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. 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 (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 a safety zone lasting 6 hours that will prohibit entry 
within 700 yards on the surface and 1400 underwater of vessels and 
machinery being used by Navy personnel. It 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.

G. 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.

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; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T14-1096 to read as follows:


Sec.  165. T14-1096   Safety Zone; Navy UNDET, Apra Outer Harbor, GU.

    (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 surface waters bounded by a 
circle with a 700-yard radius centered at 13 degrees 27 minutes 42 
seconds North Latitude and 144 degrees 38 minutes 30 seconds East 
Longitude, (NAD 1983).
    (2) Fourteen-hundred-yard-radius-zone. All underwater areas bounded 
by a circle with a 1400 yard radius centered at 13 degrees 27 minutes 
42 seconds North Latitude and 144 degrees 38 minutes 30 seconds East 
Longitude, (NAD 1983).
    (b) Effective period. This section is effective from 10 a.m. 
through 4 p.m. on February 19, 2016.
    (c) 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.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP representative permitted by law, may 
enforce these temporary safety zones.
    (e) 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.
    (f) 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: January 27, 2016.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2016-03224 Filed 2-16-16; 8:45 am]
 BILLING CODE 9110-04-P