[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Proposed Rules]
[Pages 5751-5753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02648]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0651]
RIN 1625-AA00


Safety Zone; Navy Underwater Detonation (UNDET) Exercise, Apra 
Outer Harbor, GU

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish two recurring safety 
zones for navigable waters of Apra Outer Harbor and Piti, Guam. The 
safety zones will encompass sites designated for U.S. Navy underwater 
detonation (UNDET)

[[Page 5752]]

exercises. 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 these 
exercises. These safety zones will impact a small designated area of 
navigable waters in Apra Harbor and Piti during periods of times, many 
of which are of short duration, on days requested by the Navy for UNDET 
exercises. 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. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 26, 2018. Requests for public meetings must be 
received by the Coast Guard on or before March 6, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0651 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 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
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    U.S. Navy UNDET exercises occur multiple times throughout the year 
to train and prepare personnel for operational missions. We have 
established safety zones for these Navy UNDETs in past years through a 
temporary final rulemaking for each exercise. For all subsequent 
exercises, we propose to establish recurring safety zones through this 
regulation to safeguard the public and exercise participants within the 
affected area from possible safety hazards associated with the 
exercises.
    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231. The purpose of these proposed safety zones is to protect 
the public and exercise participants from possible safety hazards 
associated with the exercises.

III. Discussion of Proposed Rule

    The COTP proposes to establish these recurring safety zones for 
periods of time, many of which are of short duration, on days requested 
by the Navy for UNDET exercises. The safety zones will cover all 
navigable waters within a 700 yard radius above and below the surface 
for the Apra Outer Harbor site and a 700 yard radius above and below 
the surface for the Piti site. The duration of the safety zones are 
intended to protect personnel, vessels, and the marine environment in 
these navigable waters during the UNDET exercise. With the exception of 
exercise participants, no vessel or person will be permitted to enter 
the safety zones without obtaining permission from the COTP or a 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analysis

    We developed this proposed rule 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 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 zones. Vessel traffic will be able 
to safely transit around these safety zones, which will impact a small 
designated area of waters off of Piti, Guam, and in Apra Outer Harbor 
for periods of time, many of which are of short duration, on days 
requested by the Navy for UNDET exercises. The UNDET exercises occur 
approximately 10 times a year, although additional exercises may be 
required based on Navy training needs. Moreover, the Coast Guard will 
issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the safety zones 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 
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 zones 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.
    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

[[Page 5753]]

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 two safety 
zones for periods of time, many of which are of short duration, on days 
requested by the Navy for UNDET exercises that would prohibit entry 
within a 700 yard radius above and below the surface for the Apra Outer 
Harbor site and a 700 yard radius above and below the surface for the 
Piti site. Normally such actions are categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration 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 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, visit http://www.regulations.gov/privacyNotice.
    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 website'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.

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, 195; 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.  165.1402 to read as follows:


Sec.  165.1402   Safety Zone; Navy Underwater Detonation (UNDET) 
Exercise, 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) Apra Outer Harbor, Guam. 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).
    (2) Piti, Guam. All waters above and below the surface bounded by a 
circle with a 700-yard radius centered at 13 degrees 29 minutes 03 
seconds North Latitude and 144 degrees 40 minutes 03 seconds East 
Longitude, (NAD 1983).
    (b) Enforcement periods. This section will be enforced for 
designated periods of time, many of which are of short duration, on 
days requested by the Navy for purpose of UNDET exercises.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. With the exception of exercise 
participants, no vessels may enter or transit safety zones (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 safety zones.

    Dated: December 11, 2017.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2018-02648 Filed 2-8-18; 8:45 am]
 BILLING CODE 9110-04-P