80 FR 28833 - Safety Zones; Apra Outer Harbor and Adjacent Waters, Guam

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 97 (May 20, 2015)

Page Range		28833-28835
FR Document		2015-12109

The Coast Guard is establishing a safety zone for underwater detonation operations in the waters of Apra Outer Harbor, Guam. This rule is effective from 10 a.m. until 4 p.m. on May 15, 2015 and May 21, 2015 (kilo, Local Time). The enforcement period for this rule is from 10 a.m. to 4 p.m. on May 15, 2015 and May 21, 2015. The Coast Guard believes this safety zone regulation is necessary to protect all persons and vessels that would otherwise transit or be within the affected area from possible safety hazards associated with underwater detonation operations.

Federal Register, Volume 80 Issue 97 (Wednesday, May 20, 2015)

[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Rules and Regulations]
[Pages 28833-28835]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12109]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0304]
RIN 1625-AA00


Safety Zones; Apra Outer Harbor and Adjacent Waters, Guam

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone for underwater 
detonation operations in the waters of Apra Outer Harbor, Guam. This 
rule is effective from 10 a.m. until 4 p.m. on May 15, 2015 and May 21, 
2015 (kilo, Local Time). The enforcement period for this rule is from 
10 a.m. to 4 p.m. on May 15, 2015 and May 21, 2015. The Coast Guard 
believes this safety zone regulation is necessary to protect all 
persons and vessels that would otherwise transit or be within the 
affected area from possible safety hazards associated with underwater 
detonation operations.

DATES: This rule is effective without actual notice from May 20, 2015 
through 4 p.m. May 21, 2015 (kilo, Local Time). For the purposes of 
enforcement, actual notice will be used from 10 a.m. on May 15, 2015 
until May 20, 2015.

ADDRESSES: Documents indicated in this preamble are part of docket 
USCG-2015-0304. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number USCG-2015-03XX in the ``SEARCH'' box and click 
``SEARCH''. Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m. (EST), Monday through Friday, except Federal 
holidays. You may also visit the Coast Guard Sector Guam, Naval Base 
Guam, between 7:30 a.m. and 3:30 p.m. (Kilo, Local Time), Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief, Kristina Gauthier, Sector Guam, U.S. Coast Guard; 
(671) 355-4866, [email protected]. If you have questions on 
viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a)of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 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 doing so would be impracticable. The 
Coast Guard received notice of this operation on March 31, 2015, only 
46 days before the operation is scheduled. Due to this late notice, the 
Coast Guard did not have time to issue a notice of proposed rulemaking.
    Under 5 U.S.C. 553(d)(3), for the same reason mentioned above, the 
Coast Guard finds that good cause exists for making this rule effective 
less than 30 days after publication in the Federal Register. Due to the 
late notice and inherent danger in underwater detonation exercises, 
delaying the effective period of this safety zone would be contrary to 
the public interest.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C 1231; 33 CFR 1.05-1, 6.04-6, 160.5; and Department of Homeland 
Security Delegation No. 0170.1. A safety zone is a water area, shore 
area, or water and shore area, for which access is limited to 
authorized person, vehicles, or vessels for safety purposes.
    The purpose of this rulemaking is to protect mariners from the 
potential hazards associated with a U.S. Navy training exercise which 
include detonation of underwater explosives. Approaching too close to 
such exercises could potentially expose the mariner to flying debris or 
other hazardous conditions.

C. Discussion of Rule

    In order to protect the public from the hazards of the U.S. Navy 
training exercise, the Coast Guard is establishing a temporary safety 
zone, effective from 10 a.m. May 15, 2015 through 4 p.m. May 21, 2015 
(Kilo, Local Time). The enforcement periods for this rule will be from 
10 a.m. to 4 p.m. on May 15, 2015 and May 21, 2015.
    The safety zone is located within the Guam COTP Zone (See 33 CFR 
3.70-15), and will cover all waters bounded by a circle with a 700-yard 
radius for vessels

[[Page 28834]]

persons in the water, centered at: 13[deg]27.700' N. and 
144[deg]38.500' E., from the surface of the water to the ocean floor.
    The general regulations governing safety zones contained in 33 CFR 
165.23 apply. Entry into, transit through or anchoring within safety 
zones is prohibited unless authorized by the COTP or a designated 
representative thereof. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP representative permitted by law, may 
enforce the zone. 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 regulation is unnecessary or impractical 
for the purpose of maritime safety. Vessels or persons violating this 
rule may be subject to the penalties set forth in 33 U.S.C. 1232 and/or 
50 U.S.C. 192.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The Coast Guard expects 
the economic impact of this rule to be extremely minimal based on the 
short duration of the safety zone regulation and the limited geographic 
area affected by it.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This safety zone regulation will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This rule would affect the following entities, some of which 
might be small entities: the owners or operators of vessels intending 
to transit through a portion of the zones from 10 a.m. through 4 p.m. 
on May 15, 2015 and May 21, 2015. This rule will be enforced for only 6 
hours each day and vessel traffic can pass safely around the safety 
zone. The safety zone does not encompass the entire harbor and safe 
transit is still allowed to pass through, in and out of Apra Harbor. 
Further, traffic will be allowed to pass through the zones with the 
permission of the Coast Guard Patrol Commander 671-487-4817. Before the 
effective period, we will issue maritime advisories widely available to 
users of outer Apra Harbor.
    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.

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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.).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

[[Page 28835]]

11. Indian Tribal Governments

    This 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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (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 rule involves a closed area of 
Apra Outer Harbor, to vessel traffic, for 6 hours on both May 15, 2015 
and May 21, 2015. This rule is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A preliminary environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. This rule is 
categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction.

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 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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add Sec.  165.T14-0304 to read as follows:


Sec.  165.  T14-0304 Safety Zones; Apra Outer Harbor and adjacent 
waters, Guam.

    (a) Location. The following area, within the Guam Captain of the 
Port (COTP) Zone (See 33 CFR 3.70-15), from the surface of the water to 
the ocean floor, is a safety zone: Seven-hundred-yard-radius zone--All 
waters bounded by a circle with a 700-yard radius centered at 
13[deg]27.700' N. and 144[deg]38.500' E., (NAD 1983).
    (b) Effective period. This section is effective from 10 a.m. on May 
15, 2015 to 4 p.m. on May 21, 2015 (Kilo, Local Time).
    (c) Enforcement periods. The safety zones described in paragraph 
(a) of this section will be enforced during the U.S. Navy underwater 
detonation operation, from 10 a.m. until 4 p.m. on May 15, 2015 and May 
21, 2015 (Kilo, Local Time).
    (d) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. No vessels may enter or transit the 
safety zone unless authorized by the COTP or a designated 
representative thereof.
    (e) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP representative permitted by law, may 
enforce these temporary safety zones.
    (f) 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.
    (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: April 30, 2015.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2015-12109 Filed 5-19-15; 8:45 am]
 BILLING CODE 9110-04-P

28834 Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Rules and Regulations

persons in the water, centered at: This safety zone regulation will not Paperwork Reduction Act of 1995 (44
13°27.700′ N. and 144°38.500′ E., from have a significant economic impact on U.S.C. 3501–3520.).
the surface of the water to the ocean a substantial number of small entities
5. Federalism
floor. for the following reasons. This rule
The general regulations governing would affect the following entities, A rule has implications for federalism
safety zones contained in 33 CFR 165.23 some of which might be small entities: under Executive Order 13132,
apply. Entry into, transit through or the owners or operators of vessels Federalism, if it has a substantial direct
anchoring within safety zones is intending to transit through a portion of effect on the States, on the relationship
prohibited unless authorized by the the zones from 10 a.m. through 4 p.m. between the national government and
COTP or a designated representative on May 15, 2015 and May 21, 2015. This the States, or on the distribution of
thereof. Any Coast Guard rule will be enforced for only 6 hours power and responsibilities among the
commissioned, warrant, or petty officer, each day and vessel traffic can pass various levels of government. We have
and any other COTP representative safely around the safety zone. The safety analyzed this rule under that Order and
permitted by law, may enforce the zone. zone does not encompass the entire determined that this rule does not have
The COTP may waive any of the harbor and safe transit is still allowed to implications for federalism.
requirements of this rule for any person, pass through, in and out of Apra Harbor.
vessel, or class of vessel upon finding Further, traffic will be allowed to pass 6. Protest Activities
that application of the safety zone through the zones with the permission The Coast Guard respects the First
regulation is unnecessary or impractical of the Coast Guard Patrol Commander Amendment rights of protesters.
for the purpose of maritime safety. 671–487–4817. Before the effective Protesters are asked to contact the
Vessels or persons violating this rule period, we will issue maritime person listed in the FOR FURTHER
may be subject to the penalties set forth advisories widely available to users of INFORMATION CONTACT section to
in 33 U.S.C. 1232 and/or 50 U.S.C. 192. outer Apra Harbor. coordinate protest activities so that your
If you think that your business, message can be received without
D. Regulatory Analyses
organization, or governmental jeopardizing the safety or security of
We developed this rule after jurisdiction qualifies as a small entity people, places or vessels.
considering numerous statutes and and that this rule would have a
executive orders related to rulemaking. significant economic impact on it, 7. Unfunded Mandates Reform Act
Below we summarize our analyses please submit a comment (see
The Unfunded Mandates Reform Act
based on a number of these statutes or ADDRESSES) explaining why you think it
of 1995 (2 U.S.C. 1531–1538) requires
executive orders. qualifies and how and to what degree
Federal agencies to assess the effects of
this rule would economically affect it.
1. Regulatory Planning and Review their discretionary regulatory actions. In
3. Assistance for Small Entities particular, the Act addresses actions
This rule is not a significant that may result in the expenditure by a
regulatory action under section 3(f) of Under section 213(a) of the Small
State, local, or tribal government, in the
Executive Order 12866, Regulatory Business Regulatory Enforcement
aggregate, or by the private sector of
Planning and Review, as supplemented Fairness Act of 1996 (Pub. L. 104–121),
$100,000,000 (adjusted for inflation) or
by Executive Order 13563, Improving we want to assist small entities in
more in any one year. Though this rule
Regulation and Regulatory Review, and understanding this rule. If the rule
will not result in such an expenditure,
does not require an assessment of would affect your small business,
we do discuss the effects of this rule
potential costs and benefits under organization, or governmental
elsewhere in this preamble.
section 6(a)(3) of Executive Order 12866 jurisdiction and you have questions
or under section 1 of Executive Order concerning its provisions or options for 8. Taking of Private Property
13563. The Office of Management and compliance, please contact the person
Budget has not reviewed it under those listed in the FOR FURTHER INFORMATION This rule will not cause a taking of
Orders. The Coast Guard expects the CONTACT, above. private property or otherwise have
economic impact of this rule to be Small businesses may send comments taking implications under Executive
extremely minimal based on the short on the actions of Federal employees Order 12630, Governmental Actions and
duration of the safety zone regulation who enforce, or otherwise determine Interference with Constitutionally
and the limited geographic area affected compliance with, Federal regulations to Protected Property Rights.
by it. the Small Business and Agriculture 9. Civil Justice Reform
Regulatory Enforcement Ombudsman
2. Impact on Small Entities This rule meets applicable standards
and the Regional Small Business
The Regulatory Flexibility Act of 1980 Regulatory Fairness Boards. The in sections 3(a) and 3(b)(2) of Executive
(RFA), 5 U.S.C. 601–612, as amended, Ombudsman evaluates these actions Order 12988, Civil Justice Reform, to
requires federal agencies to consider the annually and rates each agency’s minimize litigation, eliminate
potential impact of regulations on small responsiveness to small business. If you ambiguity, and reduce burden.
entities during rulemaking. The term wish to comment on actions by 10. Protection of Children From
‘‘small entities’’ comprises small employees of the Coast Guard, call 1– Environmental Health Risks
businesses, not-for-profit organizations 888–REG–FAIR (1–888–734–3247). The
that are independently owned and Coast Guard will not retaliate against We have analyzed this rule under
mstockstill on DSK4VPTVN1PROD with RULES

operated and are not dominant in their small entities that question or complain Executive Order 13045, Protection of
fields, and governmental jurisdictions about this rule or any policy or action Children from Environmental Health
with populations of less than 50,000. of the Coast Guard. Risks and Safety Risks. This rule is not
The Coast Guard certifies under 5 U.S.C. an economically significant rule and
4. Collection of Information
605(b) that this rule will not have a would not create an environmental risk
significant economic impact on a This rule will not call for a new to health or risk to safety that might
substantial number of small entities. collection of information under the disproportionately affect children.

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Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Rules and Regulations 28835

11. Indian Tribal Governments Authority: 33 U.S.C. 1231; 46 U.S.C. ENVIRONMENTAL PROTECTION
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; AGENCY
This rule does not have tribal
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
implications under Executive Order
Pub. L. 107–295, 116 Stat. 2064; Department 40 CFR Part 52
13175, Consultation and Coordination
of Homeland Security Delegation No. 0170.1.
with Indian Tribal Governments, [EPA–R05–OAR–2013–0819; FRL–9927–48–
because it would not have a substantial ■ 2. Add § 165.T14–0304 to read as
Region 5]
direct effect on one or more Indian
follows: Approval and Promulgation of Air
tribes, on the relationship between the
Federal Government and Indian tribes, § 165. T14–0304 Safety Zones; Apra Outer Quality Implementation Plans; Illinois;
or on the distribution of power and Harbor and adjacent waters, Guam. NAAQS Update
responsibilities between the Federal AGENCY: Environmental Protection
Government and Indian tribes. (a) Location. The following area,
within the Guam Captain of the Port Agency (EPA).
12. Energy Effects (COTP) Zone (See 33 CFR 3.70–15), ACTION: Direct final rule.
This rule is not a ‘‘significant energy from the surface of the water to the
SUMMARY: The Environmental Protection
action’’ under Executive Order 13211, ocean floor, is a safety zone: Seven-
Agency (EPA) is taking direct final
Actions Concerning Regulations That hundred-yard-radius zone—All waters
action to approve a State
Significantly Affect Energy Supply, bounded by a circle with a 700-yard Implementation Plan (SIP) revision
Distribution, or Use. radius centered at 13°27.700′ N. and submitted by the Illinois Environmental
13. Technical Standards 144°38.500′ E., (NAD 1983). Protection Agency (IEPA) on December
This rule does not use technical (b) Effective period. This section is 2, 2013. The state rule revisions update
standards. Therefore, we did not effective from 10 a.m. on May 15, 2015 Illinois’ ambient air quality standards
consider the use of voluntary consensus to 4 p.m. on May 21, 2015 (Kilo, Local for sulfur dioxide (SO2), ozone, nitrogen
standards. Time). dioxide (NO2), lead, fine particulate
(c) Enforcement periods. The safety matter (PM2.5), particulate matter (PM10),
14. Environment and carbon monoxide (CO) and bring
zones described in paragraph (a) of this
We have analyzed this rule under them up to date (through 2012) with
section will be enforced during the U.S.
Department of Homeland Security EPA-promulgated National Ambient Air
Navy underwater detonation operation,
Management Directive 023–01 and Quality Standards (NAAQS). The SIP
from 10 a.m. until 4 p.m. on May 15, revision also adopts EPA-promulgated
Commandant Instruction M16475.lD,
2015 and May 21, 2015 (Kilo, Local monitoring methods and test procedures
which guide the Coast Guard in
Time). for the revised state air quality
complying with the National
Environmental Policy Act of 1969 (d) Regulations. The general standards.
(NEPA) (42 U.S.C. 4321–4370f), and regulations governing safety zones DATES: This direct final rule will be
have made a preliminary determination contained in 33 CFR 165.23 apply. No effective July 20, 2015, unless EPA
that this action is one of a category of vessels may enter or transit the safety receives adverse comments by June 19,
actions that do not individually or zone unless authorized by the COTP or 2015. If adverse comments are received
cumulatively have a significant effect on a designated representative thereof. by EPA, EPA will publish a timely
the human environment. This rule (e) Enforcement. Any Coast Guard withdrawal of the direct final rule in the
involves a closed area of Apra Outer commissioned, warrant, or petty officer, Federal Register informing the public
Harbor, to vessel traffic, for 6 hours on and any other COTP representative that the rule will not take effect.
both May 15, 2015 and May 21, 2015.
permitted by law, may enforce these ADDRESSES: Submit your comments,
This rule is categorically excluded from
temporary safety zones. identified by Docket ID No. EPA–R05–
further review under paragraph 34(g) of
(f) Waiver. The COTP may waive any OAR–2013–0819, by one of the
Figure 2–1 of the Commandant
of the requirements of this section for following methods:
Instruction. A preliminary
1. www.regulations.gov: Follow the
environmental analysis checklist any person, vessel, or class of vessel
on-line instructions for submitting
supporting this determination and a upon finding that application of the
comments.
Categorical Exclusion Determination are safety zone is unnecessary or
2. Email: Aburano.Douglas@epa.gov.
available in the docket where indicated impractical for the purpose of maritime 3. Fax: (312) 692–2450.
under ADDRESSES. This rule is security. 4. Mail: Douglas Aburano, Chief, Air
categorically excluded, under figure 2– (g) Penalties. Vessels or persons Planning and Maintenance Section, Air
1, paragraph (34)(g), of the Instruction. violating this rule are subject to the Programs Branch (AR–18J), U.S.
List of Subjects in 33 CFR Part 165 penalties set forth in 33 U.S.C. 1232 and Environmental Protection Agency, 77
Harbors, Marine safety, Navigation 50 U.S.C. 192. West Jackson Boulevard, Chicago,
(water), Reporting and record-keeping Dated: April 30, 2015.
Illinois 60604.
requirements, Security measures, 5. Hand Delivery: Douglas Aburano,
James B. Pruett, Chief, Air Planning and Maintenance
Waterways. Captain, U.S. Coast Guard, Captain of the Section, Air Programs Branch (AR–18J),
For the reasons discussed in the Port Guam. U.S. Environmental Protection Agency,
preamble, the Coast Guard amends 33
mstockstill on DSK4VPTVN1PROD with RULES

[FR Doc. 2015–12109 Filed 5–19–15; 8:45 am] 77 West Jackson Boulevard, Chicago,
CFR part 165 as follows:
BILLING CODE 9110–04–P Illinois 60604. Such deliveries are only
PART 165—REGULATED NAVIGATION accepted during the Regional Office
AREAS AND LIMITED ACCESS AREAS normal hours of operation, and special
arrangements should be made for
■ 1. The authority citation for part 165 deliveries of boxed information. The
continues to read as follows: Regional Office official hours of

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Document Created: 2018-02-21 10:29:58
Document Modified: 2018-02-21 10:29:58

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective without actual notice from May 20, 2015 through 4 p.m. May 21, 2015 (kilo, Local Time). For the purposes of enforcement, actual notice will be used from 10 a.m. on May 15, 2015 until May 20, 2015.
Contact		If you have questions on this rule, call or email Chief, Kristina Gauthier, Sector Guam, U.S. Coast Guard; (671) 355-4866, [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation		80 FR 28833
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Record-Keeping Requirements; Security Measures and Waterways

80 FR 28833 - Safety Zones; Apra Outer Harbor and Adjacent Waters, Guam

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 97 (May 20, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard