[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)]
[Rules and Regulations]
[Pages 38257-38259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16754]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0194]
RIN 1625-AA00


Safety Zone; Philippine Sea, Tinian

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters off of Chulu and Babui beaches in Tinian. The Coast 
Guard believes this safety zone is necessary to protect all divers 
participating in this

[[Page 38258]]

underwater military exercise from potential safety hazards associated 
with vessel traffic in the area. This safety zone will prohibit persons 
and vessels not involved in the exercise from being in the safety zone 
unless authorized by the Captain of the Port Guam (COTP) or a 
designated representative.

DATES: This rule is effective from 5 p.m. on September 10, 2018, to 5 
a.m. on September 11, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0194 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 Todd Wheeler, Sector Guam Waterways Management 
Division, U.S. Coast Guard; telephone 671-355-4866, 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

    The purpose of this rulemaking is to ensure the safety of divers in 
the water during an underwater military exercise in support of the 
biennial Exercise Valiant Shield from 5 p.m. on September 10, 2018 to 5 
a.m. on September 11, 2018.
    In response, on May 1, 2018, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone; Philippine Sea, Tinian 
(83 FR 19025-19026). There, we stated why we issued the NPRM and 
requested comments on our proposed regulatory action related to this 
safety zone. During the comment period that ended May 31, 2018, we 
received no comments.

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 exercise will be a safety concern. The 
purpose of this rule is to protect all divers participating in this 
underwater military exercise from potential safety hazards associated 
with vessel traffic in the area.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published May 
1, 2018. The Exercise Valiant Shield coordinator did send an updated 
time and coordinates for where and when the divers will enter the 
water. The safety zone has moved approximately one mile northeast of 
the previous safety zone that was proposed in the NPRM. Also the time 
has moved up by one hour. The changes are reflected in the regulatory 
text of this rule.
    This rule establishes a safety zone from 5 p.m. on September 10, 
2018 to 5 a.m. on September 11, 2018. The safety zone will cover all 
navigable waters two miles off Chulu and Babui beaches in Tinian. This 
safety zone is necessary to protect all divers participating in this 
underwater military exercise from potential safety hazards associated 
with vessel traffic in the area. This proposed rulemaking would 
prohibit persons and vessels not involved in the exercise from being in 
the safety zone unless authorized by 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, duration, and time of day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone. Moreover, the 
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule would allow 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 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

[[Page 38259]]

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 
a safety zone vessel traffic would be able to safely transit around. It 
is 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 
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; 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.T14-0194 to read as follows:


Sec.  165.T14-0194  Safety Zone; Philippine Sea, Tinian.

    (a) Location. The following area is a safety zone: All waters off 
of Chulu and Babui Beach, Tinian, from surface to bottom, encompassed 
by a line connecting the following points beginning at 15[deg]04'34'' 
N, 145[deg]37'03'' E, thence to 15[deg]05'17'' N, 145[deg]36'30'' E, 
thence to 15[deg]05'42'' N, 145[deg]36'54'' E, thence to 15[deg]05'03'' 
N, 145[deg]37'36'' E, and along the shore line back to the beginning 
point. These coordinates are based on NAD 1983.
    (b) Regulations. (1) The general regulations governing safety zones 
contained in Sec.  165.23 apply. This proposed rulemaking would 
prohibit persons and vessels not involved in the exercise from being in 
the safety zone unless authorized by the Captain of the Port (COTP) 
Guam or a designated representative.
    (2) To seek permission to enter, contact the COTP Guam or the 
COTP's representative by VHF channel 16 or by telephone at 671-355-
4821. Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (c) Enforcement period. This section will be enforced from 5 p.m. 
on September 10, 2018, to 5 a.m. on September 11, 2018.

    Dated: July 13, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2018-16754 Filed 8-3-18; 8:45 am]
 BILLING CODE 9110-04-P