81_FR_2760 81 FR 2749 - Safety Zone; RICHLAND, Apra Harbor/Philippine Sea, GU

81 FR 2749 - Safety Zone; RICHLAND, Apra Harbor/Philippine Sea, GU

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 11 (January 19, 2016)

Page Range2749-2751
FR Document2016-00863

The Coast Guard is establishing a temporary moving safety zone for navigable waters within a 1000-yards ahead of the Dry-Dock RICHLAND and its towing vessel and 500 yards abeam and 500 yards astern of the dry-dock. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the movement of the drydock from Guam waters. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Guam.

Federal Register, Volume 81 Issue 11 (Tuesday, January 19, 2016)
[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Rules and Regulations]
[Pages 2749-2751]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00863]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1101]
RIN 1625-AA00


Safety Zone; RICHLAND, Apra Harbor/Philippine Sea, GU

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
for navigable waters within a 1000-yards ahead of the Dry-Dock RICHLAND 
and its towing vessel and 500 yards abeam and 500 yards astern of the 
dry-dock. The safety zone is needed to protect personnel, vessels, and 
the marine environment from potential hazards created by the movement 
of the drydock from Guam waters. 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 January 19, 
2016

[[Page 2750]]

through 6:00 p.m. January 31, 2016. For the purposes of enforcement, 
actual notice will be used from 8:00 a.m. December 30, 2015 through 
January 19, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1101 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Kristina Gauthier, Waterways Management Office, 
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
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 
final details for this removal of this dry-dock were not known to the 
Coast Guard until there was insufficient time remaining before the 
operation to publish an NPRM. Thus, delaying the effective date of this 
rule to wait for a comment period to run would be impracticable because 
it would inhibit the Coast Guard's ability to protect vessels and 
waterway users from the hazards associated with this operation.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective less than 30 days after publication in 
the Federal Register. For the same reasons discussed in the preceding 
paragraph, waiting for a 30 day notice period to run would be 
impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Guam (COTP) has determined that potential 
hazards associated with the movement of the Dry-Dock RICHLAND starting 
8:00 a.m. December 30, 2015 will be a safety concern for anyone within 
1000-yards ahead of the Dry-Dock RICHLAND and its towing vessel and 500 
yards abeam and 500 yards astern while transiting Guam waters. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
Dry-Dock RICHLAND and its towing vessel are in transit in Guam waters.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:00 a.m. December 30, 
2015 through 6:00 p.m. January 31, 2016. The safety zone will cover all 
navigable waters within 1000 yards ahead of the Dry-Dock RICHLAND and 
its towing vessel and 500 yards abeam and 500 yards astern while 
transiting Guam waters. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the Dry-Dock RICHLAND and its towing vessel are in 
transit. 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 (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic will be able 
to safely transit around this safety zone during the majority of this 
evolution which will impact a small designated area of Apra Harbor, 
Guam and the Philippine Sea for less than 24 hours. The transit through 
the mouth of the entrance to Apra Harbor will be the most restricted 
portion due to the limited space for maneuvering. Moreover, the Coast 
Guard will issue 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 rule 
will 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 
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 
contact 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.

[[Page 2751]]

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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 to be enforced for less than 24 hours that 
will prohibit entry within 1000 yards ahead of the Dry-Dock RICHLAND 
and its towing vessel and 500 yards abeam and 500 yards astern. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES.

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.

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: 33 U.S.C. 1231; 50 U.S.C. 191; 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.T14-1101 to read as follows:


Sec.  165.  T14-1101 Safety Zone; RICHLAND, Apra Harbor/Philippine Sea, 
GU.

    (a) Location. The following areas, 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 moving safety zone: All navigable waters within 
1000 yards ahead of the Dry-Dock RICHLAND and its towing vessel and 500 
yards abeam and 500 yards astern from departure from Wharf ``P'' to 12 
miles from Orote Point, Guam.
    (b) Effective period. This section is effective from 8 a.m. on 
December 30, 2015 through 6 p.m. on January 31, 2016.
    (c) Enforcement period. This section is enforced from the time the 
vessel departs Wharf ``P'' until it is 12 miles from Orote Point, Guam.
    (d) Regulations. The general regulations governing safety zones 
contained in Sec.  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: December 23, 2015.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2016-00863 Filed 1-15-16; 8:45 am]
BILLING CODE 9110-04-P



                                                                          Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations                                                                       2749

                                                    User assistance is available for                                    this document to update filing fees that                              Information and Regulatory Affairs of
                                                  eLibrary and other aspects of FERC’s                                  the Commission assesses for specific                                  the Office of Management and Budget,
                                                  Web site during normal business hours.                                services and benefits provided to                                     that this final rule is not a major rule
                                                  For assistance, contact FERC Online                                   identifiable beneficiaries. Pursuant to 18                            within the meaning of section 251 of
                                                  Support at FERCOnlineSupport@                                         CFR 381.104, the Commission is                                        Subtitle E of Small Business Regulatory
                                                  ferc.gov or toll free at (866) 208–3676, or                           establishing updated fees on the basis of                             Enforcement Fairness Act, 5 U.S.C.
                                                  for TTY, contact (202) 502–8659.                                      the Commission’s Fiscal Year 2015                                     804(2). The Commission is submitting
                                                                                                                        costs. The adjusted fees announced in                                 this final rule to both houses of the
                                                  Annual Update of Filing Fees
                                                                                                                        this document are effective February 18,                              United States Congress and to the
                                                  (Issued January 12, 2016)                                             2016. The Commission has determined,                                  Comptroller General of the United
                                                     The Federal Energy Regulatory                                      with the concurrence of the                                           States.
                                                  Commission (Commission) is issuing                                    Administrator of the Office of                                          The new fee schedule is as follows:

                                                                                                  Fees Applicable to the Natural Gas Policy Act
                                                  1. Petitions for rate approval pursuant to 18 CFR 284.123(b)(2). (18 CFR 381.403) ................................................................                                  $12,430
                                                                                                                Fees Applicable to General Activities
                                                  1.   Petition for issuance of a declaratory order (except under Part I of the Federal Power Act). (18 CFR 381.302(a)) ..........                                                    $24,980
                                                  2.   Review of a Department of Energy remedial order:
                                                                                                                            Amount in controversy
                                                        $0–9,999. (18 CFR 381.303(b)) .............................................................................................................................................     $100
                                                        $10,000–29,999. (18 CFR 381.303(b)) ..................................................................................................................................           $600
                                                        $30,000 or more. (18 CFR 381.303(a)) .................................................................................................................................        $36,460
                                                  3.   Review of a Department of Energy denial of adjustment:
                                                                                                                            Amount in controversy
                                                        $0–9,999. (18 CFR 381.304(b)) .............................................................................................................................................     $100
                                                        $10,000–29,999. (18 CFR 381.304(b)) ..................................................................................................................................           $600
                                                        $30,000 or more. (18 CFR 381.304(a)) .................................................................................................................................        $19,120
                                                  4.   Written legal interpretations by the Office of General Counsel. (18 CFR 381.305(a)) .........................................................                                   $7,160
                                                                                                     Fees Applicable to Natural Gas Pipelines
                                                  1. Pipeline certificate applications pursuant to 18 CFR 284.224. (18 CFR 381.207(b)) ...........................................................                                    * $1,000
                                                                                            Fees Applicable to Cogenerators and Small Power Producers
                                                  1. Certification of qualifying status as a small power production facility. (18 CFR 381.505(a)) ............................................                                        $21,480
                                                  2. Certification of qualifying status as a cogeneration facility. (18 CFR 381.505(a)) ...............................................................                               $24,310
                                                    * This fee has not been changed.


                                                  List of Subjects in 18 CFR Part 381                                   § 381.304        [Amended]                                            DEPARTMENT OF HOMELAND
                                                                                                                                                                                              SECURITY
                                                    Electric power plants, Electric                                     ■ 4. In § 381.304, paragraph (a) is
                                                  utilities, Natural gas, reporting and                                 amended by removing ‘‘$18,920’’ and                                   Coast Guard
                                                  recordkeeping requirements.                                           adding ‘‘$19,120’’ in its place.
                                                    Issued: January 12, 2016.                                                                                                                 33 CFR Part 165
                                                                                                                        § 381.305        [Amended]
                                                  Anton C. Porter,                                                                                                                            [Docket Number USCG–2015–1101]
                                                  Executive Director.                                                   ■ 5. In § 381.305, paragraph (a) is
                                                                                                                                                                                              RIN 1625–AA00
                                                                                                                        amended by removing ‘‘$7,090’’ and
                                                     In consideration of the foregoing, the                             adding ‘‘$7,160’’ in its place.
                                                  Commission amends part 381, chapter I,                                                                                                      Safety Zone; RICHLAND, Apra Harbor/
                                                  title 18, Code of Federal Regulations, as                             § 381.403        [Amended]                                            Philippine Sea, GU
                                                  set forth below.                                                                                                                            AGENCY:       Coast Guard, DHS.
                                                                                                                        ■  6. Section 381.403 is amended by
                                                                                                                                                                                              ACTION:      Temporary final rule.
                                                  PART 381—FEES                                                         removing ‘‘$12,310’’ and adding
                                                                                                                        ‘‘$12,430’’ in its place.                                             SUMMARY:   The Coast Guard is
                                                  ■ 1. The authority citation for part 381                                                                                                    establishing a temporary moving safety
                                                  continues to read as follows:                                         § 381.505        [Amended]
                                                                                                                                                                                              zone for navigable waters within a 1000-
                                                    Authority: 15 U.S.C. 717–717w; 16 U.S.C.                            ■  7. In § 381.505, paragraph (a) is                                  yards ahead of the Dry-Dock RICHLAND
                                                  791–828c, 2601–2645; 31 U.S.C. 9701; 42                               amended by removing ‘‘$21,260’’ and                                   and its towing vessel and 500 yards
                                                  U.S.C. 7101–7352; 49 U.S.C. 60502; 49 App.                            adding ‘‘$21,480’’ in its place and by                                abeam and 500 yards astern of the dry-
                                                  U.S.C. 1–85.                                                                                                                                dock. The safety zone is needed to
                                                                                                                        removing ‘‘$24,070’’ and adding
                                                                                                                                                                                              protect personnel, vessels, and the
                                                  § 381.302        [Amended]                                            ‘‘$24,310’’ in its place.
                                                                                                                                                                                              marine environment from potential
                                                                                                                        [FR Doc. 2016–00842 Filed 1–15–16; 8:45 am]
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  ■ 2. In § 381.302, paragraph (a) is                                                                                                         hazards created by the movement of the
                                                  amended by removing ‘‘$24,730’’ and                                   BILLING CODE 6717–01–P                                                drydock from Guam waters. Entry of
                                                  adding ‘‘$24,980’’ in its place.                                                                                                            vessels or persons into this zone is
                                                                                                                                                                                              prohibited unless specifically
                                                  § 381.303        [Amended]                                                                                                                  authorized by the Captain of the Port
                                                  ■ 3. In § 381.303, paragraph (a) is                                                                                                         Guam.
                                                  amended by removing ‘‘$36,100’’ and                                                                                                         DATES: This rule is effective without
                                                  adding ‘‘$36,460’’ in its place.                                                                                                            actual notice from January 19, 2016


                                             VerDate Sep<11>2014        17:57 Jan 15, 2016       Jkt 238001     PO 00000       Frm 00025      Fmt 4700     Sfmt 4700      E:\FR\FM\19JAR1.SGM           19JAR1


                                                  2750              Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations

                                                  through 6:00 p.m. January 31, 2016. For                 waiting for a 30 day notice period to run              around this safety zone during the
                                                  the purposes of enforcement, actual                     would be impracticable.                                majority of this evolution which will
                                                  notice will be used from 8:00 a.m.                                                                             impact a small designated area of Apra
                                                                                                          III. Legal Authority and Need for Rule
                                                  December 30, 2015 through January 19,                                                                          Harbor, Guam and the Philippine Sea
                                                  2016.                                                      The Coast Guard is issuing this rule                for less than 24 hours. The transit
                                                                                                          under authority in 33 U.S.C. 1231. The                 through the mouth of the entrance to
                                                  ADDRESSES: To view documents
                                                                                                          Captain of the Port Guam (COTP) has                    Apra Harbor will be the most restricted
                                                  mentioned in this preamble as being
                                                                                                          determined that potential hazards                      portion due to the limited space for
                                                  available in the docket, go to http://
                                                                                                          associated with the movement of the                    maneuvering. Moreover, the Coast
                                                  www.regulations.gov, type USCG–2015–
                                                                                                          Dry-Dock RICHLAND starting 8:00 a.m.                   Guard will issue Broadcast Notice to
                                                  1101 in the ‘‘SEARCH’’ box and click
                                                                                                          December 30, 2015 will be a safety                     Mariners via VHF–FM marine channel
                                                  ‘‘SEARCH.’’ Click on Open Docket
                                                                                                          concern for anyone within 1000-yards                   16 about the zone and the rule allows
                                                  Folder on the line associated with this
                                                                                                          ahead of the Dry-Dock RICHLAND and                     vessels to seek permission to enter the
                                                  rule.
                                                                                                          its towing vessel and 500 yards abeam                  zone.
                                                  FOR FURTHER INFORMATION CONTACT: If                     and 500 yards astern while transiting
                                                  you have questions on this rule, call or                Guam waters. This rule is needed to                    B. Impact on Small Entities
                                                  email Chief Kristina Gauthier,                          protect personnel, vessels, and the                       The Regulatory Flexibility Act of
                                                  Waterways Management Office, Sector                     marine environment in the navigable                    1980, 5 U.S.C. 601–612, as amended,
                                                  Guam, U.S. Coast Guard; telephone                       waters within the safety zone while the                requires Federal agencies to consider
                                                  671–355–4866, email                                     Dry-Dock RICHLAND and its towing                       the potential impact of regulations on
                                                  Kristina.M.Gauthier@uscg.mil.                           vessel are in transit in Guam waters.                  small entities during rulemaking. The
                                                  SUPPLEMENTARY INFORMATION:                                                                                     term ‘‘small entities’’ comprises small
                                                                                                          IV. Discussion of the Rule
                                                  I. Table of Abbreviations                                                                                      businesses, not-for-profit organizations
                                                                                                             This rule establishes a safety zone                 that are independently owned and
                                                  CFR Code of Federal Regulations                         from 8:00 a.m. December 30, 2015                       operated and are not dominant in their
                                                  DHS Department of Homeland Security                     through 6:00 p.m. January 31, 2016. The                fields, and governmental jurisdictions
                                                  E.O. Executive order                                    safety zone will cover all navigable                   with populations of less than 50,000.
                                                  FR Federal Register                                     waters within 1000 yards ahead of the
                                                  NPRM Notice of proposed rulemaking
                                                                                                                                                                 The Coast Guard certifies under 5 U.S.C.
                                                                                                          Dry-Dock RICHLAND and its towing                       605(b) that this rule will not have a
                                                  Pub. L. Public Law                                      vessel and 500 yards abeam and 500
                                                  § Section                                                                                                      significant economic impact on a
                                                                                                          yards astern while transiting Guam                     substantial number of small entities.
                                                  U.S.C. United States Code
                                                                                                          waters. The duration of the zone is                       While some owners or operators of
                                                  II. Background Information and                          intended to protect personnel, vessels,                vessels intending to transit the safety
                                                  Regulatory History                                      and the marine environment in these                    zone may be small entities, for the
                                                                                                          navigable waters while the Dry-Dock                    reasons stated in section V.A. above,
                                                     The Coast Guard is issuing this
                                                                                                          RICHLAND and its towing vessel are in                  this rule will not have a significant
                                                  temporary rule without prior notice and
                                                                                                          transit. No vessel or person will be                   economic impact on any vessel owner
                                                  opportunity to comment pursuant to
                                                                                                          permitted to enter the safety zone                     or operator.
                                                  authority under section 4(a) of the
                                                                                                          without obtaining permission from the
                                                  Administrative Procedure Act (APA) (5                                                                             Under section 213(a) of the Small
                                                                                                          COTP or a designated representative.
                                                  U.S.C. 553(b)). This provision                                                                                 Business Regulatory Enforcement
                                                  authorizes an agency to issue a rule                    V. Regulatory Analyses                                 Fairness Act of 1996 (Pub. L. 104–121),
                                                  without prior notice and opportunity to                   We developed this rule after                         we want to assist small entities in
                                                  comment when the agency for good                        considering numerous statutes and                      understanding this rule. If the rule
                                                  cause finds that those procedures are                   executive orders (E.O.s) related to                    would affect your small business,
                                                  ‘‘impracticable, unnecessary, or contrary               rulemaking. Below we summarize our                     organization, or governmental
                                                  to the public interest.’’ Under 5 U.S.C.                analyses based on a number of these                    jurisdiction and you have questions
                                                  553(b)(B), the Coast Guard finds that                   statutes and E.O.s, and we discuss First               concerning its provisions or options for
                                                  good cause exists for not publishing a                  Amendment rights of protestors.                        compliance, please contact the person
                                                  notice of proposed rulemaking (NPRM)                                                                           listed in the FOR FURTHER INFORMATION
                                                  with respect to this rule because doing                 A. Regulatory Planning and Review                      CONTACT section.
                                                  so would be impracticable. The final                       E.O.s 12866 and 13563 direct agencies                  Small businesses may send comments
                                                  details for this removal of this dry-dock               to assess the costs and benefits of                    on the actions of Federal employees
                                                  were not known to the Coast Guard                       available regulatory alternatives and, if              who enforce, or otherwise determine
                                                  until there was insufficient time                       regulation is necessary, to select                     compliance with, Federal regulations to
                                                  remaining before the operation to                       regulatory approaches that maximize                    the Small Business and Agriculture
                                                  publish an NPRM. Thus, delaying the                     net benefits. E.O. 13563 emphasizes the                Regulatory Enforcement Ombudsman
                                                  effective date of this rule to wait for a               importance of quantifying both costs                   and the Regional Small Business
                                                  comment period to run would be                          and benefits, of reducing costs, of                    Regulatory Fairness Boards. The
                                                  impracticable because it would inhibit                  harmonizing rules, and of promoting                    Ombudsman evaluates these actions
                                                  the Coast Guard’s ability to protect                    flexibility. This rule has not been                    annually and rates each agency’s
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  vessels and waterway users from the                     designated a ‘‘significant regulatory                  responsiveness to small business. If you
                                                  hazards associated with this operation.                 action,’’ under E.O. 12866. Accordingly,               wish to comment on actions by
                                                     Under 5 U.S.C. 553(d)(3), the Coast                  it has not been reviewed by the Office                 employees of the Coast Guard, call 1–
                                                  Guard finds that good cause exists for                  of Management and Budget.                              888–REG–FAIR (1–888–734–3247). The
                                                  making it effective less than 30 days                      This regulatory action determination                Coast Guard will not retaliate against
                                                  after publication in the Federal                        is based on the size, location, and                    small entities that question or complain
                                                  Register. For the same reasons                          duration of the safety zone. Vessel                    about this rule or any policy or action
                                                  discussed in the preceding paragraph,                   traffic will be able to safely transit                 of the Coast Guard.


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                                                                    Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations                                                2751

                                                  C. Collection of Information                            1000 yards ahead of the Dry-Dock                       unless authorized by the COTP or a
                                                    This rule will not call for a new                     RICHLAND and its towing vessel and                     designated representative thereof.
                                                  collection of information under the                     500 yards abeam and 500 yards astern.                    (e) Enforcement. Any Coast Guard
                                                  Paperwork Reduction Act of 1995 (44                     It is categorically excluded from further              commissioned, warrant, or petty officer,
                                                  U.S.C. 3501–3520).                                      review under paragraph 34(g) of Figure                 and any other COTP representative
                                                                                                          2–1 of the Commandant Instruction. An                  permitted by law, may enforce these
                                                  D. Federalism and Indian Tribal                         environmental analysis checklist                       temporary safety zones.
                                                  Governments                                             supporting this determination and a                      (f) Waiver. The COTP may waive any
                                                     A rule has implications for federalism               Categorical Exclusion Determination are                of the requirements of this section for
                                                  under E.O. 13132, Federalism, if it has                 available in the docket where indicated                any person, vessel, or class of vessel
                                                  a substantial direct effect on the States,              under ADDRESSES.                                       upon finding that application of the
                                                  on the relationship between the national                                                                       safety zone is unnecessary or
                                                                                                          G. Protest Activities                                  impractical for the purpose of maritime
                                                  government and the States, or on the
                                                  distribution of power and                                 The Coast Guard respects the First                   security.
                                                  responsibilities among the various                      Amendment rights of protesters.                          (g) Penalties. Vessels or persons
                                                  levels of government. We have analyzed                  Protesters are asked to contact the                    violating this rule are subject to the
                                                  this rule under that Order and have                     person listed in the FOR FURTHER                       penalties set forth in 33 U.S.C. 1232 and
                                                  determined that it is consistent with the               INFORMATION CONTACT section to                         50 U.S.C. 192.
                                                  fundamental federalism principles and                   coordinate protest activities so that your               Dated: December 23, 2015.
                                                  preemption requirements described in                    message can be received without                        James B. Pruett,
                                                  E.O. 13132.                                             jeopardizing the safety or security of
                                                                                                                                                                 Captain, U.S. Coast Guard, Captain of the
                                                     Also, this rule does not have tribal                 people, places or vessels.                             Port Guam.
                                                  implications under E.O. 13175,
                                                                                                          List of Subjects in 33 CFR Part 165                    [FR Doc. 2016–00863 Filed 1–15–16; 8:45 am]
                                                  Consultation and Coordination with
                                                                                                            Harbors, Marine safety, Navigation                   BILLING CODE 9110–04–P
                                                  Indian Tribal Governments, because it
                                                  does not have a substantial direct effect               (water), Reporting and recordkeeping
                                                  on one or more Indian tribes, on the                    requirements, Security measures,
                                                  relationship between the Federal                        Waterways.                                             FEDERAL COMMUNICATIONS
                                                  Government and Indian tribes, or on the                   For the reasons discussed in the                     COMMISSION
                                                  distribution of power and                               preamble, the Coast Guard amends 33
                                                                                                                                                                 47 CFR Part 73
                                                  responsibilities between the Federal                    CFR part 165 as follows:
                                                  Government and Indian tribes. If you                                                                           [MB Docket No. 13–249; FCC 15–142]
                                                  believe this rule has implications for                  PART 165—REGULATED NAVIGATION
                                                  federalism or Indian tribes, please                     AREAS AND LIMITED ACCESS AREAS                         Revitalization of the AM Radio Service
                                                  contact the person listed in the FOR                                                                           AGENCY:  Federal Communications
                                                  FURTHER INFORMATION CONTACT section
                                                                                                          ■ 1. The authority citation for part 165
                                                                                                          continues to read as follows:                          Commission.
                                                  above.
                                                                                                                                                                 ACTION: Final rule.
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  E. Unfunded Mandates Reform Act                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              SUMMARY:   In this document, the
                                                    The Unfunded Mandates Reform Act                      Department of Homeland Security Delegation
                                                                                                                                                                 Commission adopted a number of
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   No. 0170.1.
                                                                                                                                                                 procedures and procedural changes
                                                  Federal agencies to assess the effects of               ■ 2. Add § 165.T14–1101 to read as                     designed to assist AM broadcasters to
                                                  their discretionary regulatory actions. In              follows:                                               better serve the public, thereby
                                                  particular, the Act addresses actions                                                                          advancing the Commission’s
                                                  that may result in the expenditure by a                 § 165. T14–1101 Safety Zone; RICHLAND,
                                                                                                          Apra Harbor/Philippine Sea, GU.                        fundamental goals of localism,
                                                  State, local, or tribal government, in the                                                                     competition, and diversity in broadcast
                                                  aggregate, or by the private sector of                     (a) Location. The following areas,
                                                                                                                                                                 media.
                                                  $100,000,000 (adjusted for inflation) or                within the Guam Captain of the Port
                                                                                                          (COTP) Zone (See 33 CFR 3.70–15),                      DATES: Effective February 18, 2016,
                                                  more in any one year. Though this rule
                                                  will not result in such an expenditure,                 from the surface of the water to the                   except for the amendment to 47 CFR
                                                  we do discuss the effects of this rule                  ocean floor, is a moving safety zone: All              73.1560, which contains new or
                                                  elsewhere in this preamble.                             navigable waters within 1000 yards                     modified information collection
                                                                                                          ahead of the Dry-Dock RICHLAND and                     requirements that require approval by
                                                  F. Environment                                                                                                 the Office of Management and Budget
                                                                                                          its towing vessel and 500 yards abeam
                                                    We have analyzed this rule under                      and 500 yards astern from departure                    (OMB) under the Paperwork Reduction
                                                  Department of Homeland Security                         from Wharf ‘‘P’’ to 12 miles from Orote                Act (PRA), and which will become
                                                  Management Directive 023–01 and                         Point, Guam.                                           effective after the Commission publishes
                                                  Commandant Instruction M16475.lD,                          (b) Effective period. This section is               a document in the Federal Register
                                                  which guide the Coast Guard in                          effective from 8 a.m. on December 30,                  announcing such approval and the
                                                  complying with the National                             2015 through 6 p.m. on January 31,                     relevant effective date.
                                                  Environmental Policy Act of 1969 (42                    2016.                                                  FOR FURTHER INFORMATION CONTACT:
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  U.S.C. 4321–4370f), and have                               (c) Enforcement period. This section                Peter Doyle, Chief, Media Bureau,
                                                  determined that this action is one of a                 is enforced from the time the vessel                   Audio Division, (202) 418–2700 or
                                                  category of actions that do not                         departs Wharf ‘‘P’’ until it is 12 miles               Peter.Doyle@fcc.gov; Thomas Nessinger,
                                                  individually or cumulatively have a                     from Orote Point, Guam.                                Senior Counsel, Media Bureau, Audio
                                                  significant effect on the human                            (d) Regulations. The general                        Division, (202) 418–2700 or
                                                  environment. This rule involves a safety                regulations governing safety zones                     Thomas.Nessinger@fcc.gov. For
                                                  zone to be enforced for less than 24                    contained in § 165.23 apply. No vessels                additional information concerning the
                                                  hours that will prohibit entry within                   may enter or transit the safety zone                   Paperwork Reduction Act information


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Document Created: 2016-01-16 01:10:46
Document Modified: 2016-01-16 01:10:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from January 19, 2016 through 6:00 p.m. January 31, 2016. For the purposes of enforcement, actual notice will be used from 8:00 a.m. December 30, 2015 through January 19, 2016.
ContactIf you have questions on this rule, call or email Chief Kristina Gauthier, Waterways Management Office, Sector Guam, U.S. Coast Guard; telephone 671-355-4866, email [email protected]
FR Citation81 FR 2749 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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