[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Rules and Regulations]
[Pages 44559-44560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17841]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0850]
RIN 1625-AA00
Safety Zone; Naval Salvage Operation, Apra Harbor, GU
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Apra Harbor, Guam and adjacent Philippine
Sea. The moving safety zone will include all navigable waters within
100 yards of the USNS SALVOR and M/V VOYAGER during Dead Ship Tow
operations. This action is necessary to protect personnel, vessels, and
the marine environment from potential hazards associated with the
salvage, towing, and disposal of an abandoned, derelict vessel. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port, Guam.
DATES: This rule is effective without actual notice from September 16,
2025 through October 7, 2025. For the purposes of enforcement, actual
notice will be used from September 15, 2025 until September 16, 2025.
It is subject to enforcement while the USNS SALVOR is engaged in vessel
salvage operations.
ADDRESSES: To view available documents, go to https://www.regulations.gov and search for USCG-2025-0850.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call, or email LT James DeInnocentiis,
Forces Micronesia/Sector Guam Waterways Management Division; telephone
671-355-4800, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
The Coast Guard received notification that the USNS SALVOR will be
conducting vessel salvage operations in the vicinity of Piti Channel,
Apra Harbor. As part of the salvage, the USNS SALVOR will be relocating
the M/V VOYAGER, under Dead Ship Tow, from its current grounded
position to a designated ocean disposal site approximately 20 nautical
miles Northwest of Guam. The Captain of the Port (COTP) Guam has
determined that potential hazards associated with the salvage operation
are a safety concern for anyone within 100 yards of the active tow.
Therefore, the COTP is issuing this rule under the authority in 46
U.S.C. 70034, which is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone.
The Coast Guard is issuing this rule without prior notice and
comment. As is authorized by 5 U.S.C. 553(b)(B), the Coast Guard finds
that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is impracticable
and contrary to the public interest. The Coast Guard was notified of
this salvage operation on September 8, 2025, and we must establish this
safety zone by September 15, 2025, to protect personnel, vessels, and
the marine environment. Therefore, we have do not have enough time to
solicit and respond to comments. Delaying the effective date for this
safety zone to complete the NPRM process also would be contrary to the
public interest as it would delay the safety measures vital to safe
navigation.
For the same reasons, the Coast Guard finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Delaying the
effective date for this rule is impracticable because prompt action is
needed to respond to the potential safety hazards associated with the
salvage operation.
III. Discussion of the Rule
This rule establishes a safety zone while the USNS SALVOR
intermittently has the M/V VOYAGER under Dead-Ship tow during the Naval
salvage operation occurring from September 15, 2025, through October
07, 2025. The safety zone will encompass all navigable waters within a
100-yard radius surrounding both vessels. During the periods when it is
subject to enforcement, the duration of the zone will be announced via
Broadcast Notice to Mariners and is intended to protect personnel,
vessels, and the marine environment during hazardous portions of the
salvage operation while continuing to facilitate normal port
operations. No vessel or person will be permitted to enter the moving
safety
[[Page 44560]]
zone without obtaining permission from the COTP or their designated
representative.
IV. 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.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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 is a safety zone. It is categorically excluded from
further review under paragraph L60(c) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1, because we must get the
safety zone into effect before imminent salvage operations begin.
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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T14-0850 to read as follows:
Sec. 165.T14-0850 Safety Zone; Naval Salvage Operation, Apra Harbor,
GU.
(a) Location. The following area is a moving safety zone: All
navigable waters within a 100-yard radius surrounding the USNS SALVOR
and M/V VOYAGER as it transits within the U.S. Coast Guard Forces
Micronesia/Sector Guam COTP Zone, as described in 33 CFR 3.70-15.
(b) Definitions. As used in this section, designated 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, or local officer designated by or assisting the COTP in
the enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or their
designated representative.
(2) To seek permission to enter or transit through the zone,
contact the COTP or their designated representative via VHF Channel 16
or by phone at 671-355-4800. Those within the safety zone must comply
with all lawful orders or directions given to them by the COTP or their
designated representative.
(d) Enforcement period. This section will be enforced for
designated periods of time, while the USNS SALVOR is engaged in vessel
salvage operations, on days requested by the Navy. The Coast Guard will
inform mariners of the enforcement period via a Marine Safety
Information Bulletin, Local Notice to Mariners, or Broadcast Notice to
Mariners.
Jessica S. Worst,
Captain, U.S. Coast Guard, Captain of the Port, U.S. Coast Guard Forces
Micronesia/Sector Guam.
[FR Doc. 2025-17841 Filed 9-15-25; 8:45 am]
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