[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23367-23369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10823]


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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) Exercises, GU

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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) 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.

DATES: This rule is effective June 20, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0651 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

[[Page 23368]]

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
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

    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.
    In response, on February 9, 2018, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled Safety Zone; Navy 
Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU (83 FR 
5751-5753). In the NPRM, we stated the purpose and need for the safety 
zone, and invited comments on our proposed regulatory action related to 
these safety zones. During the comment period that ended March 26, 
2018, we received 2 comments in support of the proposed rule.

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 UNDET exercises will be a safety concern 
for anyone within a 700 yard radius around the two locations with the 
exception of exercise participants. The purpose of these safety zones 
is to protect the public and exercise participants from possible safety 
hazards associated with the exercises.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published 
February 9, 2018. Both comments supported the rule, and proposed no 
changes. The only change made will be to the title of the rule. The 
original title from the proposed rule in the NPRM was ``Safety Zone; 
Navy Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU''. 
The title will be changed to ``Safety Zone; Navy Underwater Detonation 
(UNDET) Exercises, GU'' which better reflects the rule. There are no 
changes in the regulatory text of this rule from the NPRM.
    The COTP proposed to establish two recurring safety zones for 
certain 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 UNDET site and a 700 yard radius 
above and below the surface for the UNDET Piti site. The duration of 
the safety zones is 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.

V. Regulatory Analyses

    We developed this 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 certain 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 a 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 received no comments from the Small Business 
Administration on this rulemaking. 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

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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.

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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 
establishing two recurring safety zones for periods of time, many of 
which are of short duration, on days requested by the Navy for UNDET 
exercises that will prohibit entry within 700 yards radius above and 
below the surface for the Apra Outer Harbor UNDET site and a 700 yard 
radius above and below the surface for the Piti UNDET site. It is 
categorically excluded from further review under paragraph L[37] of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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, 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) 
Exercises, 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 Sec.  165.23 apply. With the exception of exercise 
participants, no vessels may enter or transit safety zones in paragraph 
(a)(1) of this section and no persons in the water may enter or transit 
the safety zone in paragraph (a)(2) of this section 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: April 27, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2018-10823 Filed 5-18-18; 8:45 am]
 BILLING CODE 9110-04-P