[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29751-29753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13853]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0502]
RIN 1625-AA00


Safety Zone; Navy Underwater Detonation (UNDET) Exercise, 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 
navigable waters within Apra Outer Harbor, Guam. The safety zone will 
encompass a U.S. Navy underwater detonation (UNDET) exercise. The Coast 
Guard believes this safety zone regulation is necessary to protect the 
public and exercise participants within the affected area from possible 
safety hazards associated with the exercise. This safety zone will 
impact a small designated area of navigable waters in Apra Harbor for 8 
hours or less. With the exception of exercise participants, entry of 
vessels or persons into the zone is prohibited unless specifically 
authorized by the Captain of the Port Guam.

DATES: This rule is effective from 8 a.m. through 4 p.m. on July 13th, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0502 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 Petty Officer Robin Branch, Sector Guam, U.S. Coast 
Guard; telephone (671) 355-4835, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    After the Coast Guard analyzed the scope and potential impacts 
associated with a temporary safety zone being established, 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 and 
contrary to public interest. To delay implementation of the safety zone 
past the exercise date of July 13th, 2017 to publish and seek public 
comment is impracticable as it would unavoidably prevent the Coast 
Guard from ensuring the safety of the public and exercise participants 
from potential hazards associated with the exercise. It is for the same 
reason good cause exists under the public interest exception to the 
required public comment period. It is in the public's interest the 
safety zone be established prior to notice and comment to ensure the 
safety zone is in place for the UNDET exercise on July 13th, 2017.
    For the same reasons as noted above, 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 potential dangers associated with the 
UNDET exercise, delaying the effective period of this safety zone 
beyond July 13th, 2017 would be impracticable and contrary to public 
interest. The temporary final rule and resulting restricted navigation 
area established by this rulemaking relates to the establishment of the 
safety zone itself. It does not address or regulate the UNDET exercise. 
The U.S. Navy environmental impact statement and public involvement for 
the UNDET activity is available at http://mitt-eis.com/.

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 concurs with the U.S. Navy that 
potential hazards associated with the UNDET exercise on July 13th, 2017 
may be a safety concern for anyone within a 700-yard radius above and 
below the surface in the area of the operation. This rule is needed to 
protect the public, exercise participants and vessels in the navigable 
waters within the safety zone during the exercise. Mariners and divers

[[Page 29752]]

approaching too close to such exercises could potentially be exposed to 
hazardous conditions or place the exercise participants at risk.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. through 4 p.m. on 
July 13th, 2017. The safety zone will cover all navigable waters within 
700-yards above and below the surface of the water around the UNDET 
exercise. The duration of the zone is intended to protect the public, 
exercise participants and vessels in navigable waters during the 
exercise. No vessel or person, with the exception of exercise 
participants, 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

    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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    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 waters in the outer harbor for 8 hours or less. Moreover, the 
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone. Further, the rule allows vessels and persons 
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 (Public Law 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 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 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 the 
establishment of a safety zone 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 up to eight hours 
that will prohibit entry within 700-yards above and below the surface 
of the UNDET exercise. It is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A 
Record of Environmental Consideration (REC) supporting this 
determination is 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

[[Page 29753]]

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.T14-0502 to read as follows:


165. T14-0502  Safety Zone; Navy UNDET Exercise, Apra Outer Harbor, GU.

    (a) Location. The following areas, within the Captain of the Port 
(COTP) Guam Zone (See 33 CFR 3.70-15), from the surface of the water to 
the ocean floor, are safety zones:
    Apra Outer Harbor, Guam July 13, 2017. All waters above and below 
the surface 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).
    (b) Effective period. This section is effective from 8 a.m. through 
4 p.m. on July 13th, 2017, unless canceled earlier by the COTP Guam.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. No vessels, with the exception of 
exercise participants may enter or transit the safety zone and no 
persons in the water, with the exception of exercise participants may 
enter or transit the safety zone unless authorized by the COTP Guam or 
a designated representative thereof.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP Guam representative permitted by law, may 
enforce this temporary safety zones.
    (e) Waiver. The COTP Guam 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 safety and 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: June 8, 2017.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2017-13853 Filed 6-29-17; 8:45 am]
 BILLING CODE 9110-04-P