[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Rules and Regulations]
[Pages 53922-53924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19372]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0644]
RIN 1625-AA00


Safety Zone; Apra Outer Harbor, Naval Base Guam

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Apra Harbor, Guam in the vicinity of San Luis 
Beach, Sumay Cove and Commadores Cut. The safety zone is needed to 
protect personnel, vessels, and the marine environment from vessel 
operations in the area. 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 without actual notice from August 15, 
2016 through 7 p.m. August 31, 2016. For the purposes of enforcement, 
actual notice will be used from 7 a.m. July 31, 2016 through August 15, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0644 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, Waterways Management, U.S. Coast 
Guard; telephone 671-355-4866, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
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. The 
final details for this operation were not known to the Coast Guard 
until there was insufficient time remaining before the event to publish 
an NPRM. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be impracticable because it would inhibit 
the Coast Guard's ability to protect vessels and waterway users from 
the hazards associated with the operation.
    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. For the same reasons 
discussed in the preceding paragraph, waiting for a 30 day notice 
period to run would be impracticable.

[[Page 53923]]

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 has determined that potential 
hazards associated with vessel operations starting July 31, 2016 will 
be a safety concern for anyone in the vicinity of the operations. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during 
active vessel operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on July 31, 2016 
through 7 p.m. on August 31, 2016. The safety zone will cover all 
navigable waters in the vicinity of vessel operations to include waters 
off of San Luis Beach out 900 yards then across to Commadores Cut, down 
to the Navy Restricted area and along the shore line back to San Luis 
Beach, restricting access to Sumay Cove to Navy and Coast Guard 
operational responses. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the vessel operations are ongoing. 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 order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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 Executive Order 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. Vessel traffic will be able to safely transit 
around this safety zone which will impact a small designated area of 
Apra Outer Harbor in Naval Base Guam for four days of the 32 day window 
and vessel traffic in this area is normally low. 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 
V.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 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. 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 32 days with an expected 
enforcement of only 4 days that will prohibit entry of vessels to all 
navigable waters in the vicinity of vessel operations to include waters 
off of San Luis Beach out 900 yards then across to Commadores Cut, down 
to the Navy

[[Page 53924]]

Restricted area and along the shore line back to San Luis Beach and 
restricting access to Sumay Cove to Navy and Coast Guard operational 
responses. 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 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; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T14-0644 to read as follows:


Sec.  165. T14-0644  Safety Zone; Apra Outer Harbor, Naval Base Guam.

    (a) Location. The following areas comprise a safety zone within the 
Guam Captain of the Port (COTP) Zone (See 33 CFR 3.70-15): All 
navigable waters bounded by an imaginary line starting at 
13[deg]26'34'' N., 144[deg]38'44'' E. at San Luis Beach; thence 900 
yards to 13[deg]26'57'' N., 144[deg]38'44'' E.; thence to 
13[deg]26'57'' N., 144[deg]39'31'' E. across Commadores Cut; thence to 
13[deg]26'42'' N., 144[deg]39'45'' E. at the Navy Restricted area; 
thence to 13[deg]26'36'' N., 144[deg]39'45'' E. at Guam Shipyard; and 
then along the shore line back to San Luis Beach, restricting access to 
Sumay Cove to Navy and Coast Guard operational responses. All 
coordinates are NAD 83.
    (b) Effective dates and enforcement period. This rule is effective 
without actual notice from August 15, 2016 through 7 p.m. August 31, 
2016. For the purposes of enforcement, actual notice will be used from 
7 a.m. July 31, 2016 through August 15, 2016 and this rule is enforced 
from the time vessel operations begin until they are completed.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. No vessels may enter or transit 
safety zone 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 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 and 50 U.S.C. 192.

    Dated: July 14, 2016.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2016-19372 Filed 8-12-16; 8:45 am]
BILLING CODE 9110-04-P