[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Proposed Rules]
[Pages 789-792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31894]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-1019]
RIN 1625-AA00


Safety Zone; Apra Harbor, Guam

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the existing safety zones 
currently in effect at Naval Wharf Kilo in Apra Outer Harbor, Guam, by 
adding a 500-yard permanent safety zone, hereinafter referred to as 
Safety Zone D, to provide a buffer between the explosives regularly 
handled on Naval Wharf Kilo, and the general public and maritime 
operators. The addition of Safety Zone D would also reduce the 
frequency of enforcement of Safety Zones A and B. This action also 
eliminates from the regulation the requirement to post a sign when 
Safety Zones A or B are being

[[Page 790]]

enforced; during such enforcement periods, notification will occur via 
a slight modification of the displayed visual indicators already 
codified in the existing regulation as well as via a broadcast notice 
to mariners. This rulemaking will better meet the needs of the 
community and reduce the frequency that restrictions must be imposed 
through the addition of a less restrictive permanent safety zone, 
thereby enhancing the safe and efficient use of Apra Outer Harbor 
Channel in the vicinity of Naval Wharf Kilo. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 21, 2017. Requests for public meetings must 
be received by the Coast Guard on or before January 30, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-1019 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Chief Kristina Gauthier, Sector Guam 
Waterways Management Division, U.S. Coast Guard; telephone 671-255-
4866, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    In 1990, Safety Zone B was established around the newly constructed 
Naval Wharf Kilo. On February 10, 2015, the Coast Guard amended Apra 
Harbor safety zone regulation in 33CFR 165.1401 to remove the 680-yard 
permanent safety zone around Naval Wharf Kilo and add two intermittent 
safety zones, Safety Zones A and B, with arcs of 1,000 and 1,400 yards 
radius, respectively. Over the past 21 plus months, the Coast Guard has 
evaluated the effect of these changes and their impact on the waters in 
and around Naval Wharf Kilo. Based on this evaluation, the Coast Guard 
has determined that an additional amendment to 33 CFR 165.1401 
providing a 500-yard permanent safety zone around Naval Wharf Kilo is 
necessary to enhance the safety of the waterway and reduce adverse 
impacts to the maritime community and general public. This amendment 
will also reduce the frequency of enforcement of Safety Zones A and B 
and eliminate from the regulation the requirement to post a sign during 
the enforcement periods of Safety Zones A or B; during such enforcement 
periods notification will occur via a slight modification of the 
displayed visual indicators already codified in the existing regulation 
as well as via a broadcast notice to mariners.
    The purpose of this rulemaking is to ensure the safety of people 
and vessels in the navigable waters of Apra Outer Harbor within a 500-
1,400 yard radius of Naval Wharf Kilo before, during, and after wharf 
operations. The Coast Guard proposes this rulemaking pursuant to its 
authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to amend 33 CFR 165.1401 to add Safety Zone D, a 
500-yard permanent safety zone at Naval Wharf Kilo, to provide a buffer 
between the explosives regularly handled on Naval Wharf Kilo, and the 
general public and marine operators. Safety Zone D will greatly reduce 
the enforcement periods of Safety Zones A and B. Safety zones A and B 
will be enforced when the COTP determines that reasonable risks to the 
public exist that may be minimized through zone enforcement. 
Notification of enforcement of Safety Zones A will be provided via a 
red (BRAVO) flag by day or single red light by night. Notification of 
enforcement of Safety Zone B will be provided via 2 red (BRAVO) flags 
by day or 2 red lights by night. When Safety Zone A or B is enforced, 
the COTP will also provide notification via a broadcast notice to 
mariners. Signs stating ``Safety Zone A'' and ``Safety Zone B,'' 
respectively, will not be posted. During enforcement of any safety 
zone, no vessel or person may enter the zone without the express 
permission from the COTP or his designated representative. The proposed 
regulatory amendments appear at the end of this document.

IV. Regulatory Analyses

    This proposed rule was developed after considering numerous 
statutes and executive orders 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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zones. The 
implementation of a 500-yard safety zone around Naval Wharf Kilo will 
drastically minimize the number of days that vessel traffic will be 
impacted under current parameters for activation of Safety Zone A. 
Vessel traffic will continue to be permitted to pass through Safety 
Zones A and B with the permission of the Captain of the Port. Moreover, 
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zones.

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 
proposed rule would 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 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.

[[Page 791]]

    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 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 proposed rule involves the re-
establishment of a permanent safety zone around Naval Wharf Kilo and 
the clarification of visual indicators utilized during the active 
implementation of Safety Zones A and B. Normally such actions are 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and 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 proposed 
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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.
    We plan to hold a public meeting to receive oral comments on this 
NPRM and will announce the date, time, and location in a separate 
document published in the Federal Register. If you signed up for docket 
email alerts mentioned in the paragraph above, you will receive an 
email notice when the public meeting notice is published and placed in 
the docket.

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 proposes 
to amend 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. In Sec.  165.1401, add paragraph (a)(3) and revise paragraph (b) to 
read as follows:


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

    (a) * * *
    (3) The following is designated Safety Zone D: The waters of Apra 
Outer Harbor encompassed within an arc of 500 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) Regulations. (1) Safety Zone A, described in paragraph (a) of 
this

[[Page 792]]

section, will only be enforced when Coast Guard Sector Guam issues a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone and Naval Wharf Kilo, and a vessel berthed at Naval Wharf Kilo, is 
displaying a red (BRAVO) flag by day or a red light by night.
    (2) Safety Zone B described in paragraph (a) of this section will 
only be enforced when Coast Guard Sector Guam issues a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the zone and Naval Wharf 
Kilo, and a vessel berthed at Naval Wharf Kilo, is displaying 2 red 
(BRAVO) flags by day or 2 red lights by night.
    (3) Safety Zone D is permanent and will be enforced at all times.
    (4) Under general regulations in Sec.  165.23, during periods of 
enforcement, entry into the Safety Zones A and B as described in 
paragraph (a) of this section, is prohibited unless expressly 
authorized by the Captain of the Port, Guam or a designated 
representative. Entry into Safety Zone D is prohibited at all times 
unless expressly authorized by the Captain of the Port, Guam or a 
designated representative.

    Dated: December 5, 2016.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2016-31894 Filed 1-3-17; 8:45 am]
 BILLING CODE 9110-04-P