82_FR_26695 82 FR 26586 - Safety Zone; Navy Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU

82 FR 26586 - Safety Zone; Navy Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 109 (June 8, 2017)

Page Range26586-26588
FR Document2017-11926

The Coast Guard is establishing a temporary safety zone for navigable waters within Apra Outer Harbor, Guam. The safety zone will encompass a U.S. Navy render safe underwater detonation (UNDET) exercise. The Coast Guard believes this safety zone regulation is necessary to protect the public and exercise participants within the affected area from safety hazards associated with the exercise. This safety zone will impact a small designated area of navigable waters in Apra Outer Harbor for 8 hours or less. With the exception of exercise participants, entry of vessels or persons into the zone is prohibited unless specifically authorized by the Captain of the Port Guam.

Federal Register, Volume 82 Issue 109 (Thursday, June 8, 2017)
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26586-26588]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11926]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0412]
RIN 1625-AA00


Safety Zone; Navy Underwater Detonation (UNDET) Exercise, Apra 
Outer Harbor, GU

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within Apra Outer Harbor, Guam. The safety zone will 
encompass a U.S. Navy render safe underwater detonation (UNDET) 
exercise. The Coast Guard believes this safety zone regulation is 
necessary to protect the public and exercise participants within the 
affected area from safety hazards associated with the exercise. This 
safety zone will impact a small designated area of navigable waters in 
Apra Outer Harbor for 8 hours or less. With the exception of exercise 
participants, entry of vessels or persons into the zone is prohibited 
unless specifically authorized by the Captain of the Port Guam.

DATES: This rule is effective from 8 a.m. through 4 p.m. on June 21, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://

[[Page 26587]]

www.regulations.gov, type USCG-2017-0412 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 Petty Officer Robin Branch, Sector Guam, U.S. Coast 
Guard; telephone (671) 355-4939, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    After the Coast Guard analyzed the scope and potential impacts 
associated with a temporary safety zone being established, the Coast 
Guard is issuing this temporary final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to public interest. Publishing an NPRM and delaying 
promulgation of the safety zone would be impracticable and contrary to 
public interest because immediate actions is needed to protect the 
safety of the public and exercise participants from the hazards 
associated with this exercise.
    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 dangers 
associated with the UNDET exercise, delaying the effective period of 
this safety zone beyond June 21, 2017 would be impracticable and 
contrary to public interest.
    The temporary final rule establishing the restricted navigation 
area relates to the establishment of the safety zone itself. It does 
not address or regulate the UNDET exercise. The U.S. Navy environmental 
impact statement and public involvement for the UNDET activity is 
available at http://mitt-eis.com/.

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 concurs with the U.S. Navy that 
potential hazards associated with the UNDET exercise on June 21, 2017 
is a safety concern for anyone within a 700-yard radius above and below 
the surface in the area of the exercise. This rule is needed to protect 
the public, exercise participants, and vessels in the navigable waters 
within the safety zone during the exercise. Mariners and divers 
approaching too close to such exercises will be exposed to hazardous 
conditions and place the exercise participants at risk.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. through 4 p.m. on 
June 21, 2017. The safety zone will cover all navigable waters within 
700-yards above and below the surface of the water around the exercise. 
The duration of the zone is intended to protect the public, exercise 
participants, and vessels in navigable waters during the exercise. No 
vessel or person, with the exception of exercise participants, will be 
permitted to enter the safety zones 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 determined 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 waters in the outer harbor for 8 hours or less. Moreover, the 
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone. Further, the rule allows vessels and persons 
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).

[[Page 26588]]

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 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 the 
establishment of a safety zone 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 up to eight hours 
that will prohibit entry within 700-yards above and below the surface 
of a Navy training exercise. It is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A Record of Environmental Consideration (REC) supporting 
this determination is 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(g), 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T14-0421 to read as follows:


Sec.  165. T14-0421   Safety Zone; Navy Underwater Detonation (UNDET) 
Exercise, Apra Outer Harbor, GU.

    (a) Location. The following areas, within the Captain of the Port 
(COTP) Guam Zone (See 33 CFR 3.70-15), from the surface of the water to 
the ocean floor, are safety zones:
    Apra Outer Harbor, Guam, June 21, 2017. All waters above and below 
the surface bounded by a circle with a 700-yard radius centered at 13 
degrees 27 minutes 71 seconds North Latitude and 144 degrees 38 minutes 
50 seconds East Longitude, (NAD 1983).
    (b) Effective period. This section is effective from 8 a.m. through 
4 p.m. on June 21, 2017, unless canceled earlier by the COTP Guam.
    (c) Regulations. The general regulations governing safety zones 
contained in 33 CFR 165.23 apply. No vessels, with the exception of 
exercise participants may enter or transit safety zones and no persons 
in the water, with the exception of exercise participants may enter or 
transit safety zone unless authorized by the COTP Guam or a designated 
representative thereof.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP Guam representative permitted by law, may 
enforce these temporary safety zones.
    (e) Waiver. The COTP Guam 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 safety and 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: May 17, 2017.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2017-11926 Filed 6-7-17; 8:45 am]
BILLING CODE 9110-04-P



                                                  26586               Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations

                                                  responsiveness to small business. If you                Environmental Policy Act of 1969 (42                   needed in which case the COTP will
                                                  wish to comment on actions by                           U.S.C. 4321–4370f), and have                           issue a general permission to enter the
                                                  employees of the Coast Guard, call 1–                   determined that it is one of a category                zone and a separate rule to terminate the
                                                  888–REG–FAIR (1–888–734–3247). The                      of actions that do not individually or                 effective period of this rule. The Coast
                                                  Coast Guard will not retaliate against                  cumulatively have a significant effect on              Guard will inform mariners of any
                                                  small entities that question or complain                the human environment. This rule                       change to this period of enforcement via
                                                  about this rule or any policy or action                 adjusts rates in accordance with                       Broadcast Notice to Mariners.
                                                  of the Coast Guard.                                     applicable statutory and regulatory                       (b) Regulations. In accordance with
                                                                                                          mandates. It is categorically excluded                 the general regulations in 33 CFR part
                                                  C. Collection of Information
                                                                                                          under section 2.B.2, figure 2–1,                       165, subpart C, no person may enter or
                                                    This rule will not call for a new                     paragraph 34(g) of the Instruction,                    remain in the safety zone created in this
                                                  collection of information under the                     which pertains to minor regulatory                     section or bring, cause to be brought, or
                                                  Paperwork Reduction Act of 1995 (44                     changes that are editorial or procedural               allow to remain in the safety zone
                                                  U.S.C. 3501–3520).                                      in nature. A Record of Environmental                   created in this section any vehicle,
                                                  D. Federalism and Indian Tribal                         Consideration (REC) supporting this                    vessel, or object unless authorized by
                                                  Governments                                             determination is available in the docket               the Captain of the Port or his designated
                                                                                                          where indicated in the ADDRESSES                       representative.
                                                     A rule has implications for federalism               section of this preamble.                                 (c) Enforcement. Any Coast Guard
                                                  under Executive Order 13132,                                                                                   commissioned, warrant, or petty officer
                                                  Federalism, if it has a substantial direct              G. Protest Activities
                                                                                                                                                                 may enforce the rules in this section.
                                                  effect on the States, on the relationship                 The Coast Guard respects the First
                                                  between the national government and                     Amendment rights of protesters.                        D.F. Berliner,
                                                  the States, or on the distribution of                   Protesters are asked to contact the                    Captain, U.S. Coast Guard, Acting Captain
                                                  power and responsibilities among the                    person listed in the FOR FURTHER                       of the Port, Sector Columbia River.
                                                  various levels of government. We have                   INFORMATION CONTACT section to                         [FR Doc. 2017–11846 Filed 6–7–17; 8:45 am]
                                                  analyzed this rule under that Order and                 coordinate protest activities so that your             BILLING CODE 9110–04–P
                                                  have determined that it is consistent                   message can be received without
                                                  with the fundamental federalism                         jeopardizing the safety or security of
                                                  principles and preemption requirements                  people, places or vessels.                             DEPARTMENT OF HOMELAND
                                                  described in Executive Order 13132.                                                                            SECURITY
                                                     Also, this rule does not have tribal                 List of Subjects in 33 CFR Part 165
                                                  implications under Executive Order                        Harbors, Marine safety, Navigation                   Coast Guard
                                                  13175, Consultation and Coordination                    (water), Reporting and recordkeeping
                                                  with Indian Tribal Governments,                         requirements, Security measures,                       33 CFR Part 165
                                                  because it does not have a substantial                  Waterways.                                             [Docket Number USCG–2017–0412]
                                                  direct effect on one or more Indian                       For the reasons discussed in the
                                                  tribes, on the relationship between the                 preamble, the Coast Guard amends 33                    RIN 1625–AA00
                                                  Federal Government and Indian tribes,                   CFR part 165 as follows:
                                                  or on the distribution of power and                                                                            Safety Zone; Navy Underwater
                                                  responsibilities between the Federal                    PART 165—REGULATED NAVIGATION                          Detonation (UNDET) Exercise, Apra
                                                  Government and Indian tribes. If you                    AREAS AND LIMITED ACCESS AREAS                         Outer Harbor, GU
                                                  believe this rule has implications for                                                                         AGENCY:    Coast Guard, DHS.
                                                  federalism or Indian tribes, please                     ■ 1. The authority citation for part 165
                                                                                                          continues to read as follows:                          ACTION:   Temporary final rule.
                                                  contact the person listed in the FOR
                                                  FURTHER INFORMATION CONTACT section                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            SUMMARY:   The Coast Guard is
                                                  above.                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              establishing a temporary safety zone for
                                                                                                          Department of Homeland Security Delegation             navigable waters within Apra Outer
                                                  E. Unfunded Mandates Reform Act                         No. 0170.1.                                            Harbor, Guam. The safety zone will
                                                    The Unfunded Mandates Reform Act                      ■ 2. Add § 165.T13–0488 to read as                     encompass a U.S. Navy render safe
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   follows:                                               underwater detonation (UNDET)
                                                  Federal agencies to assess the effects of                                                                      exercise. The Coast Guard believes this
                                                  their discretionary regulatory actions. In              § 165.T13–0488 Safety Zone; Columbia
                                                                                                          River, Goble, OR.                                      safety zone regulation is necessary to
                                                  particular, the Act addresses actions                                                                          protect the public and exercise
                                                  that may result in the expenditure by a                    (a) Location. The following area is
                                                                                                          designated safety zone: All navigable                  participants within the affected area
                                                  State, local, or tribal government, in the                                                                     from safety hazards associated with the
                                                  aggregate, or by the private sector of                  waters of the Columbia River
                                                                                                          surrounding the vessel RIVER QUEEN                     exercise. This safety zone will impact a
                                                  $100,000,000 (adjusted for inflation) or                                                                       small designated area of navigable
                                                  more in any one year. Though this rule                  located in Goble, OR, encompassed by
                                                                                                          a line connecting the following points:                waters in Apra Outer Harbor for 8 hours
                                                  will not result in such an expenditure,                                                                        or less. With the exception of exercise
                                                  we do discuss the effects of this rule                  46°00.566 N., 122°52.34 W.; 46°00.657
                                                                                                          N., 122°52.34 W.; 46°00.658 N.,                        participants, entry of vessels or persons
                                                  elsewhere in this preamble.
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                          122°52.45 W.; and 46°00.563 N.,                        into the zone is prohibited unless
                                                  F. Environment                                          122°52.43 W.                                           specifically authorized by the Captain of
                                                    We have analyzed this rule under                         (b) Enforcement period. This safety                 the Port Guam.
                                                  Department of Homeland Security                         zone is in effect from June 1, 2017 until              DATES: This rule is effective from 8 a.m.
                                                  Management Directive 023–01 and                         June 30, 2017. It will be subject to                   through 4 p.m. on June 21, 2017.
                                                  Commandant Instruction M16475.lD,                       enforcement this entire period unless                  ADDRESSES: To view documents
                                                  which guide the Coast Guard in                          the Captain of the Port, Columbia River                mentioned in this preamble as being
                                                  complying with the National                             (COTP) determines it is no longer                      available in the docket, go to http://


                                             VerDate Sep<11>2014   16:16 Jun 07, 2017   Jkt 241001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\08JNR1.SGM   08JNR1


                                                                      Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations                                        26587

                                                  www.regulations.gov, type USCG–2017–                    public involvement for the UNDET                       Moreover, the Coast Guard will issue
                                                  0412 in the ‘‘SEARCH’’ box and click                    activity is available at http://mitt-                  Broadcast Notice to Mariners via VHF–
                                                  ‘‘SEARCH.’’ Click on Open Docket                        eis.com/.                                              FM marine channel 16 about the zone.
                                                  Folder on the line associated with this                                                                        Further, the rule allows vessels and
                                                                                                          III. Legal Authority and Need for Rule
                                                  rule.                                                                                                          persons to seek permission to enter the
                                                  FOR FURTHER INFORMATION CONTACT: If                        The Coast Guard is issuing this rule                zone.
                                                  you have questions on this rule, call or                under authority in 33 U.S.C. 1231. The
                                                  email Petty Officer Robin Branch, Sector                Captain of the Port Guam concurs with                  B. Impact on Small Entities
                                                  Guam, U.S. Coast Guard; telephone                       the U.S. Navy that potential hazards
                                                                                                          associated with the UNDET exercise on                     The Regulatory Flexibility Act of
                                                  (671) 355–4939, email wwmguam@                                                                                 1980, 5 U.S.C. 601–612, as amended,
                                                  uscg.mil.                                               June 21, 2017 is a safety concern for
                                                                                                          anyone within a 700-yard radius above                  requires Federal agencies to consider
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          and below the surface in the area of the               the potential impact of regulations on
                                                                                                          exercise. This rule is needed to protect               small entities during rulemaking. The
                                                  I. Table of Abbreviations
                                                                                                          the public, exercise participants, and                 term ‘‘small entities’’ comprises small
                                                  CFR Code of Federal Regulations                                                                                businesses, not-for-profit organizations
                                                  COTP Captain of the Port                                vessels in the navigable waters within
                                                                                                          the safety zone during the exercise.                   that are independently owned and
                                                  DHS Department of Homeland Security                                                                            operated and are not dominant in their
                                                  E.O. Executive order                                    Mariners and divers approaching too
                                                  FR Federal Register                                     close to such exercises will be exposed                fields, and governmental jurisdictions
                                                  NPRM Notice of proposed rulemaking                      to hazardous conditions and place the                  with populations of less than 50,000.
                                                  § Section                                               exercise participants at risk.                         The Coast Guard certifies under 5 U.S.C.
                                                  U.S.C. United States Code                                                                                      605(b) that this rule will not have a
                                                                                                          IV. Discussion of the Rule                             significant economic impact on a
                                                  II. Background Information and
                                                                                                            This rule establishes a safety zone                  substantial number of small entities.
                                                  Regulatory History
                                                                                                          from 8 a.m. through 4 p.m. on June 21,                    While some owners or operators of
                                                     After the Coast Guard analyzed the                   2017. The safety zone will cover all                   vessels intending to transit the safety
                                                  scope and potential impacts associated                  navigable waters within 700-yards                      zone may be small entities, for the
                                                  with a temporary safety zone being                      above and below the surface of the                     reasons stated in section V.A above, this
                                                  established, the Coast Guard is issuing                 water around the exercise. The duration
                                                  this temporary final rule without prior                                                                        rule will not have a significant
                                                                                                          of the zone is intended to protect the                 economic impact on any vessel owner
                                                  notice and opportunity to comment                       public, exercise participants, and
                                                  pursuant to authority under section 4(a)                                                                       or operator.
                                                                                                          vessels in navigable waters during the
                                                  of the Administrative Procedure Act                     exercise. No vessel or person, with the                   Under section 213(a) of the Small
                                                  (APA) (5 U.S.C. 553(b)). This provision                 exception of exercise participants, will               Business Regulatory Enforcement
                                                  authorizes an agency to issue a rule                    be permitted to enter the safety zones                 Fairness Act of 1996 (Pub. L. 104–121),
                                                  without prior notice and opportunity to                 without obtaining permission from the                  we want to assist small entities in
                                                  comment when the agency for good                        COTP or a designated representative.                   understanding this rule. If the rule
                                                  cause finds that those procedures are                                                                          would affect your small business,
                                                  ‘‘impracticable, unnecessary, or contrary               V. Regulatory Analyses                                 organization, or governmental
                                                  to the public interest.’’ Under 5 U.S.C.                  We developed this rule after                         jurisdiction and you have questions
                                                  553(b)(B), the Coast Guard finds that                   considering numerous statutes and                      concerning its provisions or options for
                                                  good cause exists for not publishing a                  executive orders (E.O.s) related to                    compliance, please contact the person
                                                  notice of proposed rulemaking (NPRM)                    rulemaking. Below we summarize our                     listed in the FOR FURTHER INFORMATION
                                                  with respect to this rule because doing                 analyses based on a number of these                    CONTACT section.
                                                  so would be impracticable and contrary                  statutes and E.O.s, and we discuss First                  Small businesses may send comments
                                                  to public interest. Publishing an NPRM                  Amendment rights of protestors.                        on the actions of Federal employees
                                                  and delaying promulgation of the safety                                                                        who enforce, or otherwise determine
                                                  zone would be impracticable and                         A. Regulatory Planning and Review
                                                                                                                                                                 compliance with, Federal regulations to
                                                  contrary to public interest because                        E.O.s 12866 and 13563 direct agencies
                                                                                                                                                                 the Small Business and Agriculture
                                                  immediate actions is needed to protect                  to assess the costs and benefits of
                                                                                                                                                                 Regulatory Enforcement Ombudsman
                                                  the safety of the public and exercise                   available regulatory alternatives and, if
                                                                                                                                                                 and the Regional Small Business
                                                  participants from the hazards associated                regulation is necessary, to select
                                                                                                                                                                 Regulatory Fairness Boards. The
                                                  with this exercise.                                     regulatory approaches that maximize
                                                                                                                                                                 Ombudsman evaluates these actions
                                                     We are issuing this rule, and under 5                net benefits. E.O. 13563 emphasizes the
                                                                                                                                                                 annually and rates each agency’s
                                                  U.S.C. 553(d)(3), the Coast Guard finds                 importance of quantifying both costs
                                                                                                                                                                 responsiveness to small business. If you
                                                  that good cause exists for making it                    and benefits, of reducing costs, of
                                                                                                                                                                 wish to comment on actions by
                                                  effective less than 30 days after                       harmonizing rules, and of promoting
                                                                                                                                                                 employees of the Coast Guard, call 1–
                                                  publication in the Federal Register. Due                flexibility. This rule has not been
                                                  to the dangers associated with the                      determined a ‘‘significant regulatory                  888–REG–FAIR (1–888–734–3247). The
                                                  UNDET exercise, delaying the effective                  action’’ under E.O. 12866. Accordingly,                Coast Guard will not retaliate against
                                                  period of this safety zone beyond June                  it has not been reviewed by the Office                 small entities that question or complain
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  21, 2017 would be impracticable and                     of Management and Budget.                              about this rule or any policy or action
                                                  contrary to public interest.                               This regulatory action determination                of the Coast Guard.
                                                     The temporary final rule establishing                is based on the size, location and                     C. Collection of Information
                                                  the restricted navigation area relates to               duration of the safety zone. Vessel
                                                  the establishment of the safety zone                    traffic will be able to safely transit                   This rule will not call for a new
                                                  itself. It does not address or regulate the             around this safety zone which will                     collection of information under the
                                                  UNDET exercise. The U.S. Navy                           impact a small designated area of waters               Paperwork Reduction Act of 1995 (44
                                                  environmental impact statement and                      in the outer harbor for 8 hours or less.               U.S.C. 3501–3520).


                                             VerDate Sep<11>2014   16:16 Jun 07, 2017   Jkt 241001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\08JNR1.SGM   08JNR1


                                                  26588               Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations

                                                  D. Federalism and Indian Tribal                         Record of Environmental Consideration                    (d) Enforcement. Any Coast Guard
                                                  Governments                                             (REC) supporting this determination is                 commissioned, warrant, or petty officer,
                                                     A rule has implications for federalism               available in the docket where indicated                and any other COTP Guam
                                                  under Executive Order 13132,                            under ADDRESSES. We seek any                           representative permitted by law, may
                                                  Federalism, if it has a substantial direct              comments or information that may lead                  enforce these temporary safety zones.
                                                                                                          to the discovery of a significant                        (e) Waiver. The COTP Guam may
                                                  effect on the States, on the relationship
                                                                                                          environmental impact from this rule.                   waive any of the requirements of this
                                                  between the national government and
                                                                                                                                                                 section for any person, vessel, or class
                                                  the States, or on the distribution of                   G. Protest Activities                                  of vessel upon finding that application
                                                  power and responsibilities among the
                                                                                                            The Coast Guard respects the First                   of the safety zone is unnecessary or
                                                  various levels of government. We have
                                                                                                          Amendment rights of protesters.                        impractical for the purpose of maritime
                                                  analyzed this rule under that Order and
                                                                                                          Protesters are asked to contact the                    safety and security.
                                                  have determined that it is consistent                                                                            (f) Penalties. Vessels or persons
                                                                                                          person listed in the FOR FURTHER
                                                  with the fundamental federalism                                                                                violating this rule are subject to the
                                                                                                          INFORMATION CONTACT section to
                                                  principles and preemption requirements                                                                         penalties set forth in 33 U.S.C. 1232 and
                                                                                                          coordinate protest activities so that your
                                                  described in E.O. 13132.                                                                                       50 U.S.C. 192.
                                                                                                          message can be received without
                                                     Also, this rule does not have tribal
                                                                                                          jeopardizing the safety or security of                   Dated: May 17, 2017.
                                                  implications under E.O. 13175,
                                                                                                          people, places or vessels.                             James B. Pruett,
                                                  Consultation and Coordination with
                                                  Indian Tribal Governments, because it                   List of Subjects in 33 CFR Part 165                    Captain, U.S. Coast Guard, Captain of the
                                                  does not have a substantial direct effect                                                                      Port, Guam.
                                                                                                            Harbors, Marine safety, Navigation
                                                  on one or more Indian tribes, on the                    (water), Reporting and recordkeeping                   [FR Doc. 2017–11926 Filed 6–7–17; 8:45 am]
                                                  relationship between the Federal                        requirements, Security measures,                       BILLING CODE 9110–04–P
                                                  Government and Indian tribes, or on the                 Waterways.
                                                  distribution of power and
                                                                                                            For the reasons discussed in the
                                                  responsibilities between the Federal                                                                           NATIONAL ARCHIVES AND RECORDS
                                                                                                          preamble, the Coast Guard amends 33
                                                  Government and Indian tribes. If you                                                                           ADMINISTRATION
                                                                                                          CFR part 165 as follows:
                                                  believe this rule has implications for
                                                  federalism or Indian tribes, please                     PART 165—REGULATED NAVIGATION                          36 CFR Part 1270
                                                  contact the person listed in the FOR                    AREAS AND LIMITED ACCESS AREAS                         [FDMS No. NARA–16–0005; NARA–2017–
                                                  FURTHER INFORMATION CONTACT section                                                                            042]
                                                  above.                                                  ■ 1. The authority citation for part 165
                                                                                                          continues to read as follows:                          RIN 3095–AB87
                                                  E. Unfunded Mandates Reform Act
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            Presidential Records
                                                    The Unfunded Mandates Reform Act                      33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   Department of Homeland Security Delegation             AGENCY:  National Archives and Records
                                                  Federal agencies to assess the effects of               No. 0170.1.                                            Administration (NARA).
                                                  their discretionary regulatory actions. In                                                                     ACTION: Final rule.
                                                                                                          ■ 2. Add § 165.T14–0421 to read as
                                                  particular, the Act addresses actions
                                                                                                          follows:                                               SUMMARY:   We are revising this
                                                  that may result in the expenditure by a
                                                  State, local, or tribal government, in the              § 165. T14–0421 Safety Zone; Navy                      regulation to reflect changes instituted
                                                  aggregate, or by the private sector of                  Underwater Detonation (UNDET) Exercise,                by the Presidential and Federal Records
                                                  $100,000,000 (adjusted for inflation) or                Apra Outer Harbor, GU.                                 Acts Amendments of 2014 (2014
                                                  more in any one year. Though this rule                     (a) Location. The following areas,                  Amendments). These Amendments in
                                                  will not result in such an expenditure,                 within the Captain of the Port (COTP)                  part added new requirements to the
                                                  we do discuss the effects of this rule                  Guam Zone (See 33 CFR 3.70–15), from                   Presidential Records Act (PRA), which
                                                  elsewhere in this preamble.                             the surface of the water to the ocean                  went into effect in 2014. The changes to
                                                                                                          floor, are safety zones:                               this regulation make clear that, when we
                                                  F. Environment                                                                                                 maintain electronic Presidential records
                                                                                                             Apra Outer Harbor, Guam, June 21,
                                                    We have analyzed this rule under                      2017. All waters above and below the                   on behalf of the President before the
                                                  Department of Homeland Security                         surface bounded by a circle with a 700-                President’s term of office expires, the
                                                  Management Directive 023–01 and                         yard radius centered at 13 degrees 27                  President retains exclusive control over
                                                  Commandant Instruction M16475.lD,                       minutes 71 seconds North Latitude and                  the records. In addition, the proposed
                                                  which guide the Coast Guard in                          144 degrees 38 minutes 50 seconds East                 changes establish procedures that we
                                                  complying with the National                             Longitude, (NAD 1983).                                 will follow to notify an incumbent
                                                  Environmental Policy Act of 1969 (42                       (b) Effective period. This section is               President and former President when
                                                  U.S.C. 4321–4370f), and have                            effective from 8 a.m. through 4 p.m. on                we propose to disclose Presidential
                                                  determined that the establishment of a                  June 21, 2017, unless canceled earlier by              records to the public, Congress, the
                                                  safety zone is one of a category of                     the COTP Guam.                                         courts, or the incumbent President
                                                  actions that do not individually or                        (c) Regulations. The general                        under the provisions of the PRA
                                                  cumulatively have a significant effect on               regulations governing safety zones                     allowing for access to Presidential
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  the human environment. This rule                        contained in 33 CFR 165.23 apply. No                   records otherwise subject to restrictions.
                                                  involves a safety zone lasting up to eight              vessels, with the exception of exercise                We began the regulatory revision
                                                  hours that will prohibit entry within                   participants may enter or transit safety               process in response to the 2014
                                                  700-yards above and below the surface                   zones and no persons in the water, with                Amendments to reduce confusion about
                                                  of a Navy training exercise. It is                      the exception of exercise participants                 access to Presidential records in light of
                                                  categorically excluded from further                     may enter or transit safety zone unless                these recent changes in the law. We
                                                  review under paragraph 34(g) of Figure                  authorized by the COTP Guam or a                       published a notice of proposed
                                                  2–1 of the Commandant Instruction. A                    designated representative thereof.                     rulemaking in the Federal Register on


                                             VerDate Sep<11>2014   16:16 Jun 07, 2017   Jkt 241001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\08JNR1.SGM   08JNR1



Document Created: 2018-11-14 10:06:16
Document Modified: 2018-11-14 10:06:16
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 from 8 a.m. through 4 p.m. on June 21, 2017.
ContactIf you have questions on this rule, call or email Petty Officer Robin Branch, Sector Guam, U.S. Coast Guard; telephone (671) 355-4939, email [email protected]
FR Citation82 FR 26586 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR