[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Proposed Rules]
[Pages 15625-15627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06079]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0458]
RIN 1625-AA00


Safety Zone; Apra Outer Harbor, Naval Base Guam

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a recurring safety 
zone for

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certain waters of Apra Outer Harbor. This action is necessary to 
provide for the safety of life on these navigable waters near Apra 
Harbor, Guam, during fireworks displays. This proposed rulemaking would 
prohibit persons and vessels from entering 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 April 23, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0458 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 Petty Officer Robert Davis, 
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 MWR conducts a recurring fireworks display between 6 p.m. and 
9 p.m. during the 1st week of July. The fireworks are launched from a 
barge positioned in Apra Outer Harbor. Hazards from firework display 
include accidental discharge of fireworks, dangerous projectiles, and 
falling hot embers or other debris. The Captain of the Port Guam (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 of 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 its authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish this recurring safety zone from 
6 p.m. to 9 p.m. during the first week of July. The safety zone would 
cover all navigable waters within 190 yards of the fireworks barge 
located in Apra Outer Harbor. 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. 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).
    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, however vessels will be able to transit around the 
area safely. 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 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 call or email 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

[[Page 15627]]

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 
call or email 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, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
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 a 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. 1. A preliminary 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble. 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 call or email 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 https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020). Documents mentioned in this NPRM as being available in 
the docket, and public comments, will be in our online docket at 
https://www.regulations.gov and can be viewed by following that 
website's instructions. We review all comments received, but we will 
only post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive. 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.  165.1419 to read as follows:


Sec.  165.1419  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 
barge will be anchored approximately 500 yards off the north tip of 
Polaris Point in Apra Outer Harbor.
    (b) Definition. As used in this section, ``designated on-scene 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel, and a Federal, State, and local officer either designated 
by or assisting the Captain of the Port (COTP) Sector Guam in the 
enforcement of the safety zone.
    (c) Regulations. (1) In accordance with the general regulations in 
section Sec.  165.23, entry into, transiting, or anchoring within this 
safety zone is prohibited unless authorized by the COTP or a designated 
on-scene representative.
    (2) This safety zone is closed to all persons and vessel traffic, 
except as may be permitted by the COTP or a designated on-scene 
representative.
    (3) Persons and Vessel operators desiring to enter or operate 
within the safety zone must contact the COTP or a designated on-scene 
representative to obtain permission to do so. The COTP or a designated 
on-scene representative may be contacted via VHF Channel 16 or at 
telephone number (671) 355-4821. Vessel operators given permission to 
enter or operate in the safety zone must comply with all directions 
given to them by the COTP or a designated on-scene representative.
    (d) Enforcement period. This safety zone will be enforced on a 
specific date during the 1st week of July from 6:00 p.m. to 9:00 p.m. 
annually, unless the event is delayed or cancelled due to weather. The 
Coast Guard will provide advance notice of enforcement and a broadcast 
notice to mariners to inform public of specific date.

    Dated: March 16, 2021.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2021-06079 Filed 3-23-21; 8:45 am]
BILLING CODE 9110-04-P