[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Proposed Rules]
[Pages 14336-14338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07060]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 /
Proposed Rules
[[Page 14336]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0216]
RIN 1625-AA00
Safety Zone; Apra Outer Harbor, Naval Base Guam
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of Apra Outer Harbor. This action is necessary
to provide for the safety of life on these navigable waters near
Polaris Point, Guam, during a fireworks display on July 4, 2019. This
proposed rulemaking would prohibit persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Guam
(COTP) or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 10, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0216 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, Sector Guam,
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, Purpose, and Legal Basis
Navy Morale, Welfare and Recreation (MWR) will be conducting a
fireworks display between 6 p.m. and 9 p.m. on July 4, 2019. The
fireworks are to be launched from a barge in Apra Outer Harbor,
approximately 300-yards west of Polaris Point, Guam. Hazards from
firework display 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 is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 6 p.m. to 9
p.m. on July 4, 2019. The safety zone would cover all navigable waters
within 190 yards of a barge in Apra Outer Harbor located approximately
300 yards west of Polaris Point, Guam. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 6 p.m. to 9 p.m. 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 the Apra Outer Harbor for 3 hours.
The safety zone will impact a small section of the main channel for
Navy traffic, however Navy traffic will be able to transit around the
area safely. This is also the main traffic area for the Marianas Yacht
Club in Sasa Bay. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the 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
[[Page 14337]]
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 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 safety zone lasting no more
than 3 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, 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 is
proposing 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: 46 U.S.C. 70034, 70051; 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.T14-0216 to read as follows:
Sec. 165.T14-0216 Safety Zone; Apra Outer Harbor, Naval Base Guam.
(a) Location. The following areas, within the Captain of the Port
Guam (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
for the 4th of July celebrations at Polaris Point, Naval Base Guam. The
following position 13 degrees 26 minutes 44.76 seconds N Latitude, 144
degrees 39 minutes 59.16 seconds E Longitude is to be used as a guide
to the location of the barge.
(b) Effective dates. This section is effective from 6 p.m. through
9 p.m. on July 4, 2019.
(c) Enforcement. All persons are required to comply with the
general regulations governing safety zones found in Sec. 165.23. Entry
into or remaining in this zone is prohibited unless authorized by the
Coast Guard Captain of the Port Guam. Persons desiring to transit the
area of the safety zone must first request authorization from the
Captain of the Port Guam or his
[[Page 14338]]
designated representative. To seek permission to transit the area, the
Captain of the Port Guam and his designated representatives can be
contacted at telephone number (671) 355-4821 or on Marine Band Radio,
VHF-FM channel 16 (156.8 MHz). 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
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 security.
(e) Penalties. Vessels or persons violating this section are
subject to the penalties set forth in 46 U.S.C. 70036 and 46 U.S.C.
70052.
Dated: April 5, 2019.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2019-07060 Filed 4-9-19; 8:45 am]
BILLING CODE 9110-04-P