81_FR_54079 81 FR 53922 - Safety Zone; Apra Outer Harbor, Naval Base Guam

81 FR 53922 - Safety Zone; Apra Outer Harbor, Naval Base Guam

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 157 (August 15, 2016)

Page Range53922-53924
FR Document2016-19372

The Coast Guard is establishing a temporary safety zone for navigable waters of Apra Harbor, Guam in the vicinity of San Luis Beach, Sumay Cove and Commadores Cut. The safety zone is needed to protect personnel, vessels, and the marine environment from vessel operations in the area. 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 157 (Monday, August 15, 2016)
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Rules and Regulations]
[Pages 53922-53924]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19372]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0644]
RIN 1625-AA00


Safety Zone; Apra Outer Harbor, Naval Base Guam

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Apra Harbor, Guam in the vicinity of San Luis 
Beach, Sumay Cove and Commadores Cut. The safety zone is needed to 
protect personnel, vessels, and the marine environment from vessel 
operations in the area. 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 August 15, 
2016 through 7 p.m. August 31, 2016. For the purposes of enforcement, 
actual notice will be used from 7 a.m. July 31, 2016 through August 15, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0644 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, U.S. Coast 
Guard; telephone 671-355-4866, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background 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 operation were not known to the Coast Guard 
until there was insufficient time remaining before the event 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 the operation.
    We are issuing this rule, and 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.

[[Page 53923]]

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 has determined that potential 
hazards associated with vessel operations starting July 31, 2016 will 
be a safety concern for anyone in the vicinity of the operations. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during 
active vessel operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on July 31, 2016 
through 7 p.m. on August 31, 2016. The safety zone will cover all 
navigable waters in the vicinity of vessel operations to include waters 
off of San Luis Beach out 900 yards then across to Commadores Cut, down 
to the Navy Restricted area and along the shore line back to San Luis 
Beach, restricting access to Sumay Cove to Navy and Coast Guard 
operational responses. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while the vessel operations are ongoing. 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 order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 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 Executive Order 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. Vessel traffic will be able to safely transit 
around this safety zone which will impact a small designated area of 
Apra Outer Harbor in Naval Base Guam for four days of the 32 day window 
and vessel traffic in this area is normally low. 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.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. 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 lasting 32 days with an expected 
enforcement of only 4 days that will prohibit entry of vessels to all 
navigable waters in the vicinity of vessel operations to include waters 
off of San Luis Beach out 900 yards then across to Commadores Cut, down 
to the Navy

[[Page 53924]]

Restricted area and along the shore line back to San Luis Beach and 
restricting access to Sumay Cove to Navy and Coast Guard operational 
responses. 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. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

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 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; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T14-0644 to read as follows:


Sec.  165. T14-0644  Safety Zone; Apra Outer Harbor, Naval Base Guam.

    (a) Location. The following areas comprise a safety zone within the 
Guam Captain of the Port (COTP) Zone (See 33 CFR 3.70-15): All 
navigable waters bounded by an imaginary line starting at 
13[deg]26'34'' N., 144[deg]38'44'' E. at San Luis Beach; thence 900 
yards to 13[deg]26'57'' N., 144[deg]38'44'' E.; thence to 
13[deg]26'57'' N., 144[deg]39'31'' E. across Commadores Cut; thence to 
13[deg]26'42'' N., 144[deg]39'45'' E. at the Navy Restricted area; 
thence to 13[deg]26'36'' N., 144[deg]39'45'' E. at Guam Shipyard; and 
then along the shore line back to San Luis Beach, restricting access to 
Sumay Cove to Navy and Coast Guard operational responses. All 
coordinates are NAD 83.
    (b) Effective dates and enforcement period. This rule is effective 
without actual notice from August 15, 2016 through 7 p.m. August 31, 
2016. For the purposes of enforcement, actual notice will be used from 
7 a.m. July 31, 2016 through August 15, 2016 and this rule is enforced 
from the time vessel operations begin until they are completed.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. No vessels may enter or transit 
safety zone unless authorized by the COTP or a designated 
representative thereof.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP representative permitted by law, may 
enforce this temporary safety zone.
    (e) Waiver. 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 is unnecessary or impractical for the purpose of 
maritime security.
    (f) 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: July 14, 2016.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2016-19372 Filed 8-12-16; 8:45 am]
BILLING CODE 9110-04-P



                                              53922             Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations

                                                                  For plans with a valuation                                                            Deferred annuities (percent)
                                                                                                        Immediate
                                                                            date
                                                 Rate set                                              annuity rate
                                                                                                         (percent)             i1                  i2                 i3                n1          n2
                                                                  On or after          Before


                                                          *                     *                       *                       *                         *                         *           *
                                                    275             9–1–16            10–1–16               0.50              4.00                4.00              4.00                7           8



                                              Judith Starr,                                           5410.20 will be made available at http://                ‘‘SEARCH.’’ Click on Open Docket
                                              General Counsel, Pension Benefit Guaranty               www.dtic.mil/whs/directives/corres/pdf/                  Folder on the line associated with this
                                              Corporation.                                            541020p.pdf.                                             rule.
                                              [FR Doc. 2016–19295 Filed 8–12–16; 8:45 am]                                                                      FOR FURTHER INFORMATION CONTACT: If
                                                                                                      List of Subjects in 32 CFR Part 237a
                                              BILLING CODE 7709–02–P                                                                                           you have questions on this rule, call or
                                                                                                        Armed forces; Business and industry.                   email Chief Kristina Gauthier,
                                                                                                      PART 237a—[REMOVED]                                      Waterways Management, U.S. Coast
                                              DEPARTMENT OF DEFENSE                                                                                            Guard; telephone 671–355–4866, email
                                                                                                        Accordingly, by the authority of 5                     Kristina.M.Gauthier@uscg.mil.
                                              Office of the Secretary                                 U.S.C. 301, 32 CFR part 237a is                          SUPPLEMENTARY INFORMATION:
                                                                                                      removed.
                                              32 CFR Part 237a                                                                                                 I. Table of Abbreviations
                                                                                                        Dated: August 9, 2016.
                                              [Docket ID: DOD–2016–OS–0084]                           Aaron Siegel,                                            CFR Code of Federal Regulations
                                                                                                                                                               COTP Captain of the Port
                                              RIN 0790–AI94                                           Alternate OSD Federal Register Liaison                   DHS Department of Homeland Security
                                                                                                      Officer, Department of Defense.                          FR Federal Register
                                              Public Affairs Liaison With Industry                    [FR Doc. 2016–19345 Filed 8–12–16; 8:45 am]              NPRM Notice of proposed rulemaking
                                              AGENCY:  Assistant to the Secretary of                  BILLING CODE 5001–06–P                                   § Section
                                                                                                                                                               U.S.C. United States Code
                                              Defense for Public Affairs, DoD.
                                              ACTION: Final rule.                                                                                              II. Background Information and
                                                                                                      DEPARTMENT OF HOMELAND                                   Regulatory History
                                              SUMMARY:    This final rule removes                     SECURITY
                                              regulations concerning Public Affairs                                                                               The Coast Guard is issuing this
                                              liaison with industry. These Code of                    Coast Guard                                              temporary rule without prior notice and
                                              Federal Regulations (CFR) provisions                                                                             opportunity to comment pursuant to
                                              are outdated and no longer accurate or                  33 CFR Part 165                                          authority under section 4(a) of the
                                              applicable as written. The guidance, as                                                                          Administrative Procedure Act (APA) (5
                                                                                                      [Docket Number USCG–2016–0644]                           U.S.C. 553(b)). This provision
                                              revised, sets forth internal standards for
                                              how DoD employees should reach out                      RIN 1625–AA00                                            authorizes an agency to issue a rule
                                              and engage with industry. With respect                                                                           without prior notice and opportunity to
                                              to the visual information portion, it is                Safety Zone; Apra Outer Harbor, Naval                    comment when the agency for good
                                              essentially a collection and discussion                 Base Guam                                                cause finds that those procedures are
                                              of currently applicable intellectual                                                                             ‘‘impracticable, unnecessary, or contrary
                                                                                                      AGENCY:    Coast Guard, DHS.                             to the public interest.’’ Under 5 U.S.C.
                                              property law that does not create any
                                                                                                      ACTION:   Temporary final rule.                          553(b)(B), the Coast Guard finds that
                                              new public duties or obligations.
                                              Therefore, these regulations are                                                                                 good cause exists for not publishing a
                                                                                                      SUMMARY:   The Coast Guard is                            notice of proposed rulemaking (NPRM)
                                              removed from the CFR.                                   establishing a temporary safety zone for                 with respect to this rule because doing
                                              DATES: This rule is effective on August                 navigable waters of Apra Harbor, Guam                    so would be impracticable. The final
                                              15, 2016.                                               in the vicinity of San Luis Beach,                       details for this operation were not
                                              FOR FURTHER INFORMATION CONTACT:                        Sumay Cove and Commadores Cut. The                       known to the Coast Guard until there
                                              Patricia Toppings at 571–372–0485.                      safety zone is needed to protect                         was insufficient time remaining before
                                              SUPPLEMENTARY INFORMATION: This rule
                                                                                                      personnel, vessels, and the marine                       the event to publish an NPRM. Thus,
                                              will be reported in future status updates               environment from vessel operations in                    delaying the effective date of this rule to
                                              as part of DoD’s retrospective plan                     the area. Entry of vessels or persons into               wait for a comment period to run would
                                              under Executive Order 13563 completed                   this zone is prohibited unless                           be impracticable because it would
                                              in August 2011. DoD’s full plan can be                  specifically authorized by the Captain of                inhibit the Coast Guard’s ability to
                                              accessed at: http://www.regulations.gov/                the Port Guam.                                           protect vessels and waterway users from
                                              #!docketDetail;D=DOD-2011-OS-0036.                      DATES: This rule is effective without                    the hazards associated with the
                                                 It has been determined that                          actual notice from August 15, 2016                       operation.
                                              publication of this CFR part removal for                through 7 p.m. August 31, 2016. For the                     We are issuing this rule, and under 5
                                              public comment is impracticable,                        purposes of enforcement, actual notice                   U.S.C. 553(d)(3), the Coast Guard finds
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                                              unnecessary, and contrary to public                     will be used from 7 a.m. July 31, 2016                   that good cause exists for making it
                                              interest since it is based on removing                  through August 15, 2016.                                 effective less than 30 days after
                                              DoD internal policies and procedures                    ADDRESSES: To view documents                             publication in the Federal Register. For
                                              that are publically available on the                    mentioned in this preamble as being                      the same reasons discussed in the
                                              Department’s issuance Web site. Once                    available in the docket, go to http://                   preceding paragraph, waiting for a 30
                                              signed, a copy of DoD’s internal                        www.regulations.gov, type USCG–2016–                     day notice period to run would be
                                              guidance contained in DoD Instruction                   0644 in the ‘‘SEARCH’’ box and click                     impracticable.


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                                                                Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations                                         53923

                                              III. Legal Authority and Need for Rule                  window and vessel traffic in this area is             D. Federalism and Indian Tribal
                                                 The Coast Guard is issuing this rule                 normally low. Moreover, the Coast                     Governments
                                              under authority in 33 U.S.C. 1231. The                  Guard will issue Broadcast Notice to                     A rule has implications for federalism
                                              Captain of the Port Guam has                            Mariners via VHF–FM marine channel                    under Executive Order 13132,
                                              determined that potential hazards                       16 about the zone and the rule allows                 Federalism, if it has a substantial direct
                                              associated with vessel operations                       vessels to seek permission to enter the               effect on the States, on the relationship
                                              starting July 31, 2016 will be a safety                 zone.                                                 between the national government and
                                              concern for anyone in the vicinity of the               B. Impact on Small Entities                           the States, or on the distribution of
                                              operations. This rule is needed to                                                                            power and responsibilities among the
                                              protect personnel, vessels, and the                        The Regulatory Flexibility Act of                  various levels of government. We have
                                              marine environment in the navigable                     1980, 5 U.S.C. 601–612, as amended,                   analyzed this rule under that order and
                                              waters within the safety zone during                    requires Federal agencies to consider                 have determined that it is consistent
                                              active vessel operations.                               the potential impact of regulations on                with the fundamental federalism
                                                                                                      small entities during rulemaking. The                 principles and preemption requirements
                                              IV. Discussion of the Rule
                                                                                                      term ‘‘small entities’’ comprises small               described in Executive Order 13132.
                                                 This rule establishes a safety zone                  businesses, not-for-profit organizations                 Also, this rule does not have tribal
                                              from 7 a.m. on July 31, 2016 through 7                  that are independently owned and                      implications under Executive Order
                                              p.m. on August 31, 2016. The safety                     operated and are not dominant in their                13175, Consultation and Coordination
                                              zone will cover all navigable waters in                 fields, and governmental jurisdictions                with Indian Tribal Governments,
                                              the vicinity of vessel operations to                    with populations of less than 50,000.                 because it does not have a substantial
                                              include waters off of San Luis Beach out                The Coast Guard certifies under 5 U.S.C.              direct effect on one or more Indian
                                              900 yards then across to Commadores                     605(b) that this rule will not have a                 tribes, on the relationship between the
                                              Cut, down to the Navy Restricted area                   significant economic impact on a                      Federal Government and Indian tribes,
                                              and along the shore line back to San                    substantial number of small entities.                 or on the distribution of power and
                                              Luis Beach, restricting access to Sumay
                                                                                                         While some owners or operators of                  responsibilities between the Federal
                                              Cove to Navy and Coast Guard
                                                                                                      vessels intending to transit the safety               Government and Indian tribes. If you
                                              operational responses. The duration of
                                                                                                      zone may be small entities, for the                   believe this rule has implications for
                                              the zone is intended to protect
                                                                                                      reasons stated in section V.A above, this             federalism or Indian tribes, please
                                              personnel, vessels, and the marine
                                                                                                      rule will not have a significant                      contact the person listed in the FOR
                                              environment in these navigable waters
                                                                                                      economic impact on any vessel owner                   FURTHER INFORMATION CONTACT section
                                              while the vessel operations are ongoing.
                                                                                                      or operator.                                          above.
                                              No vessel or person will be permitted to
                                              enter the safety zone without obtaining                    Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                              permission from the COTP or a                           Business Regulatory Enforcement
                                                                                                      Fairness Act of 1996 (Pub. L. 104–121),                 The Unfunded Mandates Reform Act
                                              designated representative.
                                                                                                      we want to assist small entities in                   of 1995 (2 U.S.C. 1531–1538) requires
                                              V. Regulatory Analyses                                  understanding this rule. If the rule                  Federal agencies to assess the effects of
                                                We developed this rule after                          would affect your small business,                     their discretionary regulatory actions. In
                                              considering numerous statutes and                       organization, or governmental                         particular, the Act addresses actions
                                              Executive order related to rulemaking.                  jurisdiction and you have questions                   that may result in the expenditure by a
                                              Below we summarize our analyses                         concerning its provisions or options for              State, local, or tribal government, in the
                                              based on a number of these statutes and                 compliance, please contact the person                 aggregate, or by the private sector of
                                              Executive orders, and we discuss First                  listed in the FOR FURTHER INFORMATION                 $100,000,000 (adjusted for inflation) or
                                              Amendment rights of protestors.                         CONTACT section.
                                                                                                                                                            more in any one year. Though this rule
                                                                                                                                                            will not result in such an expenditure,
                                              A. Regulatory Planning and Review                          Small businesses may send comments                 we do discuss the effects of this rule
                                                 Executive Orders 12866 and 13563                     on the actions of Federal employees                   elsewhere in this preamble.
                                              direct agencies to assess the costs and                 who enforce, or otherwise determine
                                                                                                      compliance with, Federal regulations to               F. Environment
                                              benefits of available regulatory
                                              alternatives and, if regulation is                      the Small Business and Agriculture                      We have analyzed this rule under
                                              necessary, to select regulatory                         Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                              approaches that maximize net benefits.                  and the Regional Small Business                       Management Directive 023–01 and
                                              Executive Order 13563 emphasizes the                    Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                              importance of quantifying both costs                    Ombudsman evaluates these actions                     which guide the Coast Guard in
                                              and benefits, of reducing costs, of                     annually and rates each agency’s                      complying with the National
                                              harmonizing rules, and of promoting                     responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                              flexibility. This rule has not been                     wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                              designated a ‘‘significant regulatory                   employees of the Coast Guard, call 1–                 determined that this action is one of a
                                              action,’’ under Executive Order 12866.                  888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                              Accordingly, it has not been reviewed                   Coast Guard will not retaliate against                individually or cumulatively have a
                                              by the Office of Management and                         small entities that question or complain              significant effect on the human
                                              Budget.                                                 about this rule or any policy or action               environment. This rule involves a safety
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                                                 This regulatory action determination                 of the Coast Guard.                                   zone lasting 32 days with an expected
                                              is based on the size, location, and                     C. Collection of Information                          enforcement of only 4 days that will
                                              duration. Vessel traffic will be able to                                                                      prohibit entry of vessels to all navigable
                                              safely transit around this safety zone                    This rule will not call for a new                   waters in the vicinity of vessel
                                              which will impact a small designated                    collection of information under the                   operations to include waters off of San
                                              area of Apra Outer Harbor in Naval Base                 Paperwork Reduction Act of 1995 (44                   Luis Beach out 900 yards then across to
                                              Guam for four days of the 32 day                        U.S.C. 3501–3520).                                    Commadores Cut, down to the Navy


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                                              53924             Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations

                                              Restricted area and along the shore line                actual notice from August 15, 2016                    may be affected by emissions from
                                              back to San Luis Beach and restricting                  through 7 p.m. August 31, 2016. For the               sources in Iowa. EPA is taking final
                                              access to Sumay Cove to Navy and Coast                  purposes of enforcement, actual notice                action to approve Iowa’s determination
                                              Guard operational responses. It is                      will be used from 7 a.m. July 31, 2016                that the existing Regional Haze (RH) SIP
                                              categorically excluded from further                     through August 15, 2016 and this rule                 is adequate to meet the visibility goals
                                              review under paragraph 34(g) of Figure                  is enforced from the time vessel                      and requires no substantive revision at
                                              2–1 of the Commandant Instruction. An                   operations begin until they are                       this time.
                                              environmental analysis checklist                        completed.                                            DATES: This final rule is effective
                                              supporting this determination and a                        (c) Regulations. The general                       September 14, 2016.
                                              Categorical Exclusion Determination are                 regulations governing safety zones                    ADDRESSES: EPA has established a
                                              available in the docket where indicated                 contained in 33 CFR 165.23 apply. No                  docket for this action under Docket ID
                                              under ADDRESSES. We seek any                            vessels may enter or transit safety zone              No. EPA–R07–OAR–2014–0365. All
                                              comments or information that may lead                   unless authorized by the COTP or a                    documents in the docket are listed on
                                              to the discovery of a significant                       designated representative thereof.                    the www.regulations.gov Web site.
                                              environmental impact from this rule.                       (d) Enforcement. Any Coast Guard                   Although listed in the index, some
                                                                                                      commissioned, warrant, or petty officer,              information is not publicly available,
                                              G. Protest Activities
                                                                                                      and any other COTP representative                     i.e., CBI or other information whose
                                                The Coast Guard respects the First                    permitted by law, may enforce this                    disclosure is restricted by statute.
                                              Amendment rights of protesters.                         temporary safety zone.                                Certain other material, such as
                                              Protesters are asked to contact the                        (e) Waiver. The COTP may waive any                 copyrighted material, is not placed on
                                              person listed in the FOR FURTHER                        of the requirements of this rule for any              the Internet and will be publicly
                                              INFORMATION CONTACT section to                          person, vessel or class of vessel upon                available only in hard copy form.
                                              coordinate protest activities so that your              finding that application of the safety                Publicly available docket materials are
                                              message can be received without                         zone is unnecessary or impractical for                available either electronically through
                                              jeopardizing the safety or security of                  the purpose of maritime security.                     www.regulations.gov or at the
                                              people, places or vessels.                                 (f) Penalties. Vessels or persons                  Environmental Protection Agency, Air
                                              List of Subjects in 33 CFR Part 165                     violating this rule are subject to the                Planning and Development Branch,
                                                                                                      penalties set forth in 33 U.S.C. 1232 and             11201 Renner Boulevard, Lenexa,
                                                Harbors, Marine safety, Navigation                    50 U.S.C. 192.
                                              (water), Reporting and record-keeping                                                                         Kansas 66219. The Regional Office’s
                                              requirements, Security measures,                          Dated: July 14, 2016.                               official hours of business are Monday
                                              Waterways.                                              James B. Pruett,                                      through Friday, 8:00 a.m. to 4:30 p.m.,
                                                                                                      Captain, U.S. Coast Guard, Captain of the             excluding Federal holidays. The
                                                For the reasons discussed in the
                                                                                                      Port, Guam.                                           interested persons wanting to examine
                                              preamble, the Coast Guard amends 33
                                                                                                      [FR Doc. 2016–19372 Filed 8–12–16; 8:45 am]           these documents should make an
                                              CFR part 165 as follows:
                                                                                                      BILLING CODE 9110–04–P                                appointment with the office at least 24
                                              PART 165—REGULATED NAVIGATION                                                                                 hours in advance.
                                              AREAS AND LIMITED ACCESS AREAS                                                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                      ENVIRONMENTAL PROTECTION                              Stephen Krabbe, Environmental
                                              ■ 1. The authority citation for part 165                AGENCY                                                Protection Agency, Air Planning and
                                              continues to read as follows:                                                                                 Development Branch, 11201 Renner
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             40 CFR Part 52                                        Boulevard, Lenexa, Kansas 66219 at
                                              33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;            [EPA–R07–OAR–2014–0365; FRL–9949–82–
                                                                                                                                                            913–551–7991, or by email at
                                              Department of Homeland Security Delegation              Region 7]                                             krabbe.stephen@epa.gov.
                                              No. 0170.1.
                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                              ■ 2. Add § 165.T14–0644 to read as                      Approval of Iowa’s Air Quality                        Throughout this document ‘‘we,’’ ‘‘us,’’
                                              follows:                                                Implementation Plans; Regional Haze                   or ‘‘our’’ refer to EPA. This section
                                                                                                      State Implementation Plan Revision                    provides additional information by
                                              § 165. T14–0644 Safety Zone; Apra Outer
                                              Harbor, Naval Base Guam.
                                                                                                      and 2013 Five-Year Progress Report                    addressing the following:
                                                (a) Location. The following areas                     AGENCY:  Environmental Protection                     I. Background
                                              comprise a safety zone within the Guam                  Agency (EPA).                                         II. Summary of SIP Revision
                                              Captain of the Port (COTP) Zone (See 33                                                                       III. Final Action
                                                                                                      ACTION: Final rule.
                                              CFR 3.70–15): All navigable waters                                                                            IV. Statutory and Executive Order Reviews
                                              bounded by an imaginary line starting at                SUMMARY:   The Environmental Protection
                                              13°26′34″ N., 144°38′44″ E. at San Luis                 Agency (EPA) is taking final action to                I. Background
                                              Beach; thence 900 yards to 13°26′57″ N.,                approve the Iowa State Implementation                   On July 3, 2014, (79 FR 37976), EPA
                                              144°38′44″ E.; thence to 13°26′57″ N.,                  Plan (SIP) revision submitted to EPA by               published a notice of proposed
                                              144°39′31″ E. across Commadores Cut;                    the State of Iowa on July 19, 2013,                   rulemaking (NPR) for the State of Iowa.
                                              thence to 13°26′42″ N., 144°39′45″ E. at                documenting that the State’s existing                 In the NPR, EPA proposed approval of
                                              the Navy Restricted area; thence to                     plan is making adequate progress to                   Iowa’s progress report SIP, a report on
                                              13°26′36″ N., 144°39′45″ E. at Guam                     achieve visibility goals by 2018. The                 progress made in the first
sradovich on DSK3GMQ082PROD with RULES




                                              Shipyard; and then along the shore line                 Iowa SIP revision addressed the                       implementation period towards RPGs
                                              back to San Luis Beach, restricting                     Regional Haze Rule (RHR) requirements                 for Class I areas that are affected by
                                              access to Sumay Cove to Navy and Coast                  under the Clean Air Act (CAA or Act)                  emissions from Iowa sources. This
                                              Guard operational responses. All                        to submit a report describing progress in             progress report SIP and accompanying
                                              coordinates are NAD 83.                                 achieving reasonable progress goals                   cover letter also included a
                                                (b) Effective dates and enforcement                   (RPGs) to improve visibility in Federally             determination that Iowa’s existing
                                              period. This rule is effective without                  designated areas in nearby states that                regional haze SIP requires no


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Document Created: 2016-08-13 02:22:13
Document Modified: 2016-08-13 02:22:13
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 August 15, 2016 through 7 p.m. August 31, 2016. For the purposes of enforcement, actual notice will be used from 7 a.m. July 31, 2016 through August 15, 2016.
ContactIf you have questions on this rule, call or email Chief Kristina Gauthier, Waterways Management, U.S. Coast Guard; telephone 671-355-4866, email [email protected]
FR Citation81 FR 53922 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record-Keeping Requirements; Security Measures and Waterways

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