[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Proposed Rules]
[Pages 50310-50312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21621]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0864]
RIN 1625-AA00


Safety Zone; Tumon Bay, Tumon, GU

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for navigable waters within a 190 yard radius of a fireworks barge 
located in Tumon Bay for the New Year's Eve Fireworks display. The 
Coast Guard believes this safety zone is necessary to protect the 
public from potential hazards created by the fireworks display fallout. 
This proposed rulemaking would prohibit persons and vessels from being 
in the safety zone unless authorized by the Captain of the Port Guam 
(COTP). We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0864 using the Federal eRulemaking Portal at https://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 Todd Wheeler, Waterways 
Management, U.S. Coast Guard; telephone 671-355-4566, email 
[email protected].

[[Page 50311]]


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, Purpose, and Legal Basis

    The fireworks display is anticipated to be from midnight on 
December 31, 2018 through 00:30 a.m. on January 1, 2019, to celebrate 
New Year's Eve. The fireworks are to be launched from a barge in Tumon 
Bay approximately 350 yards north of Joseph F. Flores Beach Park. 
Hazards from fireworks displays include accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris. The COTP has determined that potential hazards associated with 
the fireworks to be used in this display would be a safety concern for 
anyone within a 190 yard radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 190 yard radius of the fireworks 
barge before, during, and after the scheduled event. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 9 p.m. on 
December 31, 2018 through 1 a.m. on January 1, 2019. The safety zone 
would cover all navigable waters within 190 yards of the fireworks 
barge. The safety zone will cover all navigable waters within a 190 
yards of the barge. The duration of the zone is intended to protect the 
public before, during, and after the fireworks display. No vessel or 
person would be permitted to enter the safety zone 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 Analyses

    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, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of Tumon Bay for 4 hours. This is a low 
traffic area that consists mainly of outrigger canoes and sail boards 
during daylight hours. Moreover, the Coast Guard will issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the safety zone, 
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 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.
    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 Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National

[[Page 50312]]

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 a safety 
zone lasting 4 hours that would prohibit entry within 190 yards of a 
fireworks barge. 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 https://www.regulations.gov and will 
include any personal information you have provided. For more about 
privacy and the docket, visit https://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 https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, you may go to the online docket and sign up 
for email alerts, and 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 record-
keeping 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: 3 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.T14-0864 to read as follows:


Sec.  165. T14-0864  Safety Zone; Tumon Bay, Tumon, GU.

    (a) Location. The following areas, within the Guam Captain of the 
Port (COTP) Zone (See 33 CFR 3.70-15), all navigable waters on the 
surface and below the surface within 190 yards of the fireworks barge 
participating in the New Year's Eve Fireworks display.
    (1) Location. The following position 13 degrees 30 minutes 24.99 
seconds N Latitude, 144 degrees 47 minutes 21.93 seconds E Longitude 
are to be used as a guide to the location of the barge.
    (b) Effective Dates. This rule is effective from 9 p.m. on December 
31, 2018 through 1 a.m. on January 1, 2019.
    (c) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP representative permitted by law, may 
enforce this temporary safety zone.
    (d) Waiver. The COTP may waive any of the requirements of this rule 
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 security.
    (g) 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: October 1, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2018-21621 Filed 10-4-18; 8:45 am]
BILLING CODE 9110-04-P