[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Rules and Regulations]
[Pages 26675-26677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09623]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 87, No. 87 / Thursday, May 5, 2022 / Rules 
and Regulations  

[[Page 26675]]



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: Final rule.

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

SUMMARY: The Coast Guard is establishing a recurring 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 Apra 
Harbor, Guam, during fireworks displays. This rulemaking prohibits 
persons and vessels from entering the safety zone unless authorized by 
the Captain of the Port Guam (COTP) or a designated representative.

DATES: This rule is effective June 6, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0458 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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 Information and Regulatory History

    Navy Morale, Welfare, and Recreation conducts a recurring fireworks 
display between 6 p.m. and 9 p.m. during the first 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. In response, on March 24, 2021, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled Safety Zone; Apra Outer 
Harbor, Naval Base Guam (86 FR 15625). There we stated why we issued 
the NPRM, and invited comments on our proposed regulatory action 
related to this fireworks display. During the comment period that ended 
April 23, 2021 we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP Guam has determined that 
potential hazards associated with the fireworks to be used during 
displays are a safety concern for anyone within a 190-yard radius of 
the barge. The purpose of this rule is to ensure safety of vessels and 
the navigable waters in the safety zone before, during, and after the 
scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March 
24, 2021. There is one change in the regulatory text of this rule from 
the proposed rule in the NPRM. The text now refers to the event as 
Independence Day instead of 4th of July.
    This rule establishes a recurring safety zone from 6 p.m. to 9 p.m. 
during the first week of July. The safety zone will 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 will 
be permitted to enter the safety zone 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. 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).
    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 three 
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 received 00 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.

[[Page 26676]]

    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 call or email 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 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.

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, 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 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 lasting approximately three hours that would prohibit entry 
within 190 yards of a fireworks barge. 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. 1. A 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.

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.

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: 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. 
00170.1., Revision No. 01.2.


0
2. In numerical order under the undesignated center heading 
``Fourteenth Coast Guard District,'' 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 Independence Day 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 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 first week of July from 6 p.m. to 9 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

[[Page 26677]]

specific date during the first week in July.

    Dated: May 1, 2022.
Nicholas R. Simmons,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2022-09623 Filed 5-4-22; 8:45 am]
BILLING CODE 9110-04-P