81 FR 7974 - Safety Zone; Navy UNDET, Apra Outer Harbor, GU

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 31 (February 17, 2016)

Page Range		7974-7976
FR Document		2016-03224

The Coast Guard is establishing a temporary safety zone for underwater detonation operations in the waters of Apra Outer Harbor in Piti, Guam. This rule is effective from 10 a.m. until 4 p.m. on February 19, 2016. The Coast Guard believes this safety zone regulation is necessary to protect all persons and vessels that would otherwise transit or be within the affected area from possible safety hazards associated with underwater detonation operations. 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 31 (Wednesday, February 17, 2016)

[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Rules and Regulations]
[Pages 7974-7976]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03224]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1096]
RIN 1625-AA00


Safety Zone; Navy UNDET, Apra Outer Harbor, GU

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
underwater detonation operations in the waters of Apra Outer Harbor in 
Piti, Guam. This rule is effective from 10 a.m. until 4 p.m. on 
February 19, 2016. The Coast Guard believes this safety zone regulation 
is necessary to protect all persons and vessels that would otherwise 
transit or be within the affected area from possible safety hazards 
associated with underwater detonation operations. 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 from 10 a.m. through 4 p.m. on February 
19, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1096 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, Sector Guam, U.S. Coast Guard; 
(671) 355-4866, Kristina.M.Gauthier@uscg.mil.

[[Page 7975]]


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
UNDET Underwater detonation
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 and 
contrary to public interest. The Coast Guard received notice of this 
operation on December 10, 2015, only 71 days before the operation is 
scheduled. As a result, the Coast Guard did not have time to issue a 
notice of proposed rulemaking. It is impracticable to publish an NPRM 
because we must establish this safety zone by February 19, 2016.
    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. Due to the late notice 
and inherent danger in underwater exercises, delaying the effective 
period of this safety zone would be contrary to the public interest.

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 U.S. Navy training exercise which include 
detonation of underwater explosives on February 19, 2016 will be a 
safety concern for anyone within a 700-yard radius on the surface and 
1400-yard radius underwater of the operation. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone during the exercise. Mariners and divers 
approaching too close to such exercises could potentially expose the 
mariner to flying debris or other hazardous conditions.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 a.m. through 4 p.m. on 
February 19, 2016. The safety zone will cover all navigable waters 
within 700 yards on the surface and 1400 yards underwater of vessels 
and machinery being used by Navy. The duration of the zone is intended 
to protect personnel, vessels, and the marine environment in these 
navigable waters during the underwater detonation exercise. 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 which will impact a small 
designated area of Apra Outer Harbor in Piti, GU, for 6 hours. 
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 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 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

[[Page 7976]]

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 6 hours that will prohibit entry 
within 700 yards on the surface and 1400 underwater of vessels and 
machinery being used by Navy personnel. 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 
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.T14-1096 to read as follows:


Sec.  165. T14-1096   Safety Zone; Navy UNDET, Apra Outer Harbor, 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, are safety zones:
    (1) Seven-hundred-yard-radius-zone. All surface waters bounded by a 
circle with a 700-yard radius centered at 13 degrees 27 minutes 42 
seconds North Latitude and 144 degrees 38 minutes 30 seconds East 
Longitude, (NAD 1983).
    (2) Fourteen-hundred-yard-radius-zone. All underwater areas bounded 
by a circle with a 1400 yard radius centered at 13 degrees 27 minutes 
42 seconds North Latitude and 144 degrees 38 minutes 30 seconds East 
Longitude, (NAD 1983).
    (b) Effective period. This section is effective from 10 a.m. 
through 4 p.m. on February 19, 2016.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. No vessels may enter or transit 
safety zone (a)(1) and no persons in the water may enter or transit 
safety zone (a)(2) 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 these temporary safety zones.
    (e) 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.
    (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: January 27, 2016.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2016-03224 Filed 2-16-16; 8:45 am]
 BILLING CODE 9110-04-P

7976 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations

relationship between the Federal List of Subjects in 33 CFR Part 165 Dated: January 27, 2016.
Government and Indian tribes, or on the Harbors, Marine Safety, Navigation James B. Pruett,
distribution of power and (water), Reporting and recordkeeping Captain, U.S. Coast Guard, Captain of the
responsibilities between the Federal requirements, Security measures, Port, Guam.
Government and Indian tribes. If you Waterways. [FR Doc. 2016–03224 Filed 2–16–16; 8:45 am]
believe this rule has implications for BILLING CODE 9110–04–P
For the reasons discussed in the
federalism or Indian tribes, please
preamble, the Coast Guard amends 33
contact the person listed in the FOR
CFR part 165 as follows:
FURTHER INFORMATION CONTACT section
above. ENVIRONMENTAL PROTECTION
PART 165—REGULATED NAVIGATION
AGENCY
E. Unfunded Mandates Reform Act AREAS AND LIMITED ACCESS AREAS
40 CFR Part 52
The Unfunded Mandates Reform Act ■ 1. The authority citation for part 165
of 1995 (2 U.S.C. 1531–1538) requires continues to read as follows:
[EPA–R06–OAR–2015–0431; FRL–9942–29–
Federal agencies to assess the effects of Authority: 33 U.S.C. 1231; 50 U.S.C. 191, Region 6]
their discretionary regulatory actions. In 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
particular, the Act addresses actions Department of Homeland Security Delegation Approval and Promulgation of
that may result in the expenditure by a No. 0170.1. Implementation Plans; New Mexico/
State, local, or tribal government, in the ■ 2. Add § 165.T14–1096 to read as Albuquerque-Bernalillo County;
aggregate, or by the private sector of follows: Infrastructure and Interstate Transport
$100,000,000 (adjusted for inflation) or State Implementation Plan for the 2010
more in any one year. Though this rule § 165. T14–1096 Safety Zone; Navy Sulfur Dioxide National Ambient Air
will not result in such an expenditure, UNDET, Apra Outer Harbor, GU. Quality Standards
we do discuss the effects of this rule (a) Location. The following areas,
AGENCY: Environmental Protection
elsewhere in this preamble. within the Guam Captain of the Port
Agency (EPA).
(COTP) Zone (See 33 CFR 3.70–15),
F. Environment from the surface of the water to the ACTION: Final rule.
ocean floor, are safety zones:
We have analyzed this rule under SUMMARY: The Environmental Protection
(1) Seven-hundred-yard-radius-zone.
Department of Homeland Security Agency (EPA) is approving a State
All surface waters bounded by a circle
Management Directive 023–01 and Implementation Plan (SIP) submission
with a 700-yard radius centered at 13
Commandant Instruction M16475.lD, from the Governor of New Mexico for
degrees 27 minutes 42 seconds North
which guide the Coast Guard in the City of Albuquerque-Bernalillo
Latitude and 144 degrees 38 minutes 30
complying with the National County for the 2010 Sulfur Dioxide
seconds East Longitude, (NAD 1983).
Environmental Policy Act of 1969 (42 (SO2) National Ambient Air Quality
(2) Fourteen-hundred-yard-radius-
U.S.C. 4321–4370f), and have Standards (NAAQS). The submittal
zone. All underwater areas bounded by
determined that this action is one of a addresses how the existing SIP provides
a circle with a 1400 yard radius
category of actions that do not for implementation, maintenance, and
centered at 13 degrees 27 minutes 42
individually or cumulatively have a enforcement of the 2010 SO2 NAAQS
seconds North Latitude and 144 degrees
significant effect on the human (infrastructure SIP or i-SIP). This i-SIP
38 minutes 30 seconds East Longitude,
environment. This rule involves a safety ensures that the State’s SIP for
(NAD 1983).
zone lasting 6 hours that will prohibit Albuquerque-Bernalillo County is
(b) Effective period. This section is
entry within 700 yards on the surface adequate to meet the state’s
effective from 10 a.m. through 4 p.m. on
and 1400 underwater of vessels and responsibilities under the Federal Clean
February 19, 2016.
machinery being used by Navy Air Act (CAA or Act), including the four
(c) Regulations. The general
personnel. It is categorically excluded CAA requirements for interstate
regulations governing safety zones
from further review under paragraph transport of SO2 emissions.
contained in 33 CFR 165.23 apply. No
34(g) of Figure 2–1 of the Commandant vessels may enter or transit safety zone DATES: This final rule is effective on
Instruction. An environmental analysis (a)(1) and no persons in the water may March 18, 2016.
checklist supporting this determination enter or transit safety zone (a)(2) unless ADDRESSES: EPA has established a
and a Categorical Exclusion authorized by the COTP or a designated docket for this action under Docket ID
Determination are available in the representative thereof. No. EPA–R06–OAR–2015–0431. All
docket where indicated under (d) Enforcement. Any Coast Guard documents in the docket are listed on
ADDRESSES. We seek any comments or commissioned, warrant, or petty officer, the http://www.regulations.gov Web
information that may lead to the and any other COTP representative site. Although listed in the index, some
discovery of a significant environmental permitted by law, may enforce these information is not publicly available,
impact from this rule. temporary safety zones. e.g., Confidential Business Information
G. Protest Activities (e) Waiver. The COTP may waive any or other information whose disclosure is
of the requirements of this section for restricted by statute. Certain other
The Coast Guard respects the First any person, vessel, or class of vessel material, such as copyrighted material,
asabaliauskas on DSK5VPTVN1PROD with RULES

Amendment rights of protesters. upon finding that application of the is not placed on the Internet and will be
Protesters are asked to contact the safety zone is unnecessary or publicly available only in hard copy
person listed in the FOR FURTHER impractical for the purpose of maritime form. Publicly available docket
INFORMATION CONTACT section to security. materials are available either
coordinate protest activities so that your (f) Penalties. Vessels or persons electronically through http://
message can be received without violating this rule are subject to the www.regulations.gov or in hard copy at
jeopardizing the safety or security of penalties set forth in 33 U.S.C. 1232 and the EPA Region 6, 1445 Ross Avenue,
people, places or vessels. 50 U.S.C. 192. Suite 700, Dallas, Texas 75202–2733.

VerDate Sep<11>2014 19:42 Feb 16, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\17FER1.SGM 17FER1

Document Created: 2016-02-17 01:16:39
Document Modified: 2016-02-17 01:16:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 10 a.m. through 4 p.m. on February 19, 2016.
Contact		If you have questions on this rule, call or email Chief Kristina Gauthier, Sector Guam, U.S. Coast Guard; (671) 355-4866, [email protected]
FR Citation		81 FR 7974
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 7974 - Safety Zone; Navy UNDET, Apra Outer Harbor, GU

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 31 (February 17, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard