82_FR_29876 82 FR 29751 - Safety Zone; Navy Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU

82 FR 29751 - Safety Zone; Navy Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 125 (June 30, 2017)

Page Range29751-29753
FR Document2017-13853

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 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 possible safety hazards associated with the exercise. This safety zone will impact a small designated area of navigable waters in Apra 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 125 (Friday, June 30, 2017)
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29751-29753]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13853]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0502]
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 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 possible 
safety hazards associated with the exercise. This safety zone will 
impact a small designated area of navigable waters in Apra 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 July 13th, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0502 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) 355-4835, 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. To delay implementation of the safety zone 
past the exercise date of July 13th, 2017 to publish and seek public 
comment is impracticable as it would unavoidably prevent the Coast 
Guard from ensuring the safety of the public and exercise participants 
from potential hazards associated with the exercise. It is for the same 
reason good cause exists under the public interest exception to the 
required public comment period. It is in the public's interest the 
safety zone be established prior to notice and comment to ensure the 
safety zone is in place for the UNDET exercise on July 13th, 2017.
    For the same reasons as noted above, 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 potential dangers associated with the 
UNDET exercise, delaying the effective period of this safety zone 
beyond July 13th, 2017 would be impracticable and contrary to public 
interest. The temporary final rule and resulting restricted navigation 
area established by this rulemaking 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 July 13th, 2017 
may be a safety concern for anyone within a 700-yard radius above and 
below the surface in the area of the operation. 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

[[Page 29752]]

approaching too close to such exercises could potentially be exposed to 
hazardous conditions or 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 
July 13th, 2017. The safety zone will cover all navigable waters within 
700-yards above and below the surface of the water around the UNDET 
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 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

    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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    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 (Public Law 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 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 the UNDET 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

[[Page 29753]]

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.T14-0502 to read as follows:


165. T14-0502  Safety Zone; Navy 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 July 13, 2017. All waters above and below 
the surface 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).
    (b) Effective period. This section is effective from 8 a.m. through 
4 p.m. on July 13th, 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 the safety zone and no 
persons in the water, with the exception of exercise participants may 
enter or transit the 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 this 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: June 8, 2017.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2017-13853 Filed 6-29-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations                                          29751

                                                   (1) All persons are required to comply               DEPARTMENT OF HOMELAND                                 established, the Coast Guard is issuing
                                                with the general regulations governing                  SECURITY                                               this temporary final rule without prior
                                                safety zones found in § 165.23.                                                                                notice and opportunity to comment
                                                                                                        Coast Guard                                            pursuant to authority under section 4(a)
                                                   (2) Entry into or remaining in this
                                                                                                                                                               of the Administrative Procedure Act
                                                safety zone is prohibited unless
                                                                                                        33 CFR Part 165                                        (APA) (5 U.S.C. 553(b)). This provision
                                                authorized by the Coast Guard Captain
                                                                                                        [Docket Number USCG–2017–0502]
                                                                                                                                                               authorizes an agency to issue a rule
                                                of the Port Maryland-National Capital                                                                          without prior notice and opportunity to
                                                Region. All vessels underway within                     RIN 1625–AA00                                          comment when the agency for good
                                                this safety zone at the time it is                                                                             cause finds that those procedures are
                                                implemented shall depart the safety                     Safety Zone; Navy Underwater                           ‘‘impracticable, unnecessary, or contrary
                                                zone.                                                   Detonation (UNDET) Exercise, Apra                      to the public interest.’’ Under 5 U.S.C.
                                                   (3) Persons desiring to transit the area             Outer Harbor, GU                                       553(b)(B), the Coast Guard finds that
                                                of the safety zone must first obtain                    AGENCY:    Coast Guard, DHS.                           good cause exists for not publishing a
                                                authorization from the Captain of the                                                                          notice of proposed rulemaking (NPRM)
                                                                                                        ACTION:   Temporary final rule.
                                                Port Maryland-National Capital Region                                                                          with respect to this rule because doing
                                                or designated representative. To request                SUMMARY:   The Coast Guard is                          so would be impracticable and contrary
                                                permission to enter or transit the                      establishing a temporary safety zone for               to public interest. To delay
                                                regulated area, the Captain of the Port                 navigable waters within Apra Outer                     implementation of the safety zone past
                                                                                                        Harbor, Guam. The safety zone will                     the exercise date of July 13th, 2017 to
                                                Maryland-National Capital Region or
                                                                                                        encompass a U.S. Navy underwater                       publish and seek public comment is
                                                designated representatives can be
                                                                                                        detonation (UNDET) exercise. The Coast                 impracticable as it would unavoidably
                                                contacted at telephone number 410–                                                                             prevent the Coast Guard from ensuring
                                                576–2693 or on Marine Band Radio                        Guard believes this safety zone
                                                                                                        regulation is necessary to protect the                 the safety of the public and exercise
                                                VHF–FM channel 16 (156.8 MHz). The                                                                             participants from potential hazards
                                                                                                        public and exercise participants within
                                                Coast Guard vessels enforcing this                                                                             associated with the exercise. It is for the
                                                                                                        the affected area from possible safety
                                                section can be contacted on Marine                                                                             same reason good cause exists under the
                                                                                                        hazards associated with the exercise.
                                                Band Radio VHF–FM channel 16 (156.8                     This safety zone will impact a small                   public interest exception to the required
                                                MHz). Upon being hailed by a U.S.                       designated area of navigable waters in                 public comment period. It is in the
                                                Coast Guard vessel, or other Federal,                   Apra Harbor for 8 hours or less. With                  public’s interest the safety zone be
                                                State, or local agency vessel, by siren,                the exception of exercise participants,                established prior to notice and comment
                                                radio, flashing light or other means, the               entry of vessels or persons into the zone              to ensure the safety zone is in place for
                                                operator of a vessel shall proceed as                   is prohibited unless specifically                      the UNDET exercise on July 13th, 2017.
                                                directed. If permission is granted to                   authorized by the Captain of the Port                     For the same reasons as noted above,
                                                enter the safety zone, all persons and                  Guam.                                                  we are issuing this rule, and under 5
                                                vessels must comply with the                                                                                   U.S.C. 553(d)(3), the Coast Guard finds
                                                                                                        DATES: This rule is effective from 8 a.m.              that good cause exists for making it
                                                instructions of the Captain of the Port
                                                                                                        through 4 p.m. on July 13th, 2017.                     effective less than 30 days after
                                                Maryland-National Capital Region or
                                                                                                        ADDRESSES: To view documents                           publication in the Federal Register. Due
                                                designated representative and proceed
                                                                                                        mentioned in this preamble as being                    to the potential dangers associated with
                                                as directed while in the zone.
                                                                                                        available in the docket, go to http://                 the UNDET exercise, delaying the
                                                   (4) Enforcement officials. The U.S.                  www.regulations.gov, type USCG–2017–                   effective period of this safety zone
                                                Coast Guard may be assisted in the                      0502 in the ‘‘SEARCH’’ box and click                   beyond July 13th, 2017 would be
                                                patrol and enforcement of the safety                    ‘‘SEARCH.’’ Click on Open Docket                       impracticable and contrary to public
                                                zone by Federal, State, and local                       Folder on the line associated with this                interest. The temporary final rule and
                                                agencies.                                               rule.                                                  resulting restricted navigation area
                                                   (d) Enforcement period. This section                 FOR FURTHER INFORMATION CONTACT: If                    established by this rulemaking relates to
                                                will be enforced from 8 p.m. through                    you have questions on this rule, call or               the establishment of the safety zone
                                                                                                        email Petty Officer Robin Branch, Sector               itself. It does not address or regulate the
                                                10:30 p.m. on July 3, 2017, and if
                                                                                                        Guam, U.S. Coast Guard; telephone                      UNDET exercise. The U.S. Navy
                                                necessary due to inclement weather,
                                                                                                        (671) 355–4835, email wwmguam@                         environmental impact statement and
                                                from 8 p.m. through 10:30 p.m. on July                                                                         public involvement for the UNDET
                                                7, 2017.                                                uscg.mil.
                                                                                                                                                               activity is available at http://mitt-
                                                  Dated: June 22, 2017.                                 SUPPLEMENTARY INFORMATION:                             eis.com/.
                                                M.W. Batchelder,                                        I. Table of Abbreviations                              III. Legal Authority and Need for Rule
                                                Commander, U.S. Coast Guard, Acting                     CFR Code of Federal Regulations                           The Coast Guard is issuing this rule
                                                Captain of the Port Maryland-National                   COTP Captain of the Port                               under authority in 33 U.S.C. 1231. The
                                                Capital Region.                                         DHS Department of Homeland Security                    Captain of the Port Guam concurs with
                                                [FR Doc. 2017–13767 Filed 6–29–17; 8:45 am]             E.O. Executive order
                                                                                                        FR Federal Register
                                                                                                                                                               the U.S. Navy that potential hazards
                                                BILLING CODE 9110–04–P                                                                                         associated with the UNDET exercise on
                                                                                                        NPRM Notice of Proposed Rulemaking
                                                                                                        § Section                                              July 13th, 2017 may be a safety concern
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                                                                                                        U.S.C. United States Code                              for anyone within a 700-yard radius
                                                                                                                                                               above and below the surface in the area
                                                                                                        II. Background Information and                         of the operation. This rule is needed to
                                                                                                        Regulatory History                                     protect the public, exercise participants
                                                                                                          After the Coast Guard analyzed the                   and vessels in the navigable waters
                                                                                                        scope and potential impacts associated                 within the safety zone during the
                                                                                                        with a temporary safety zone being                     exercise. Mariners and divers


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                                                29752                Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations

                                                approaching too close to such exercises                 term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                                could potentially be exposed to                         businesses, not-for-profit organizations               implications under E.O. 13175,
                                                hazardous conditions or place the                       that are independently owned and                       Consultation and Coordination with
                                                exercise participants at risk.                          operated and are not dominant in their                 Indian Tribal Governments, because it
                                                                                                        fields, and governmental jurisdictions                 does not have a substantial direct effect
                                                IV. Discussion of the Rule                              with populations of less than 50,000.                  on one or more Indian tribes, on the
                                                   This rule establishes a safety zone                  The Coast Guard certifies under 5 U.S.C.               relationship between the Federal
                                                from 8 a.m. through 4 p.m. on July 13th,                605(b) that this rule will not have a                  Government and Indian tribes, or on the
                                                2017. The safety zone will cover all                    significant economic impact on a                       distribution of power and
                                                navigable waters within 700-yards                       substantial number of small entities.                  responsibilities between the Federal
                                                above and below the surface of the                         While some owners or operators of                   Government and Indian tribes. If you
                                                water around the UNDET exercise. The                    vessels intending to transit the safety                believe this rule has implications for
                                                duration of the zone is intended to                     zone may be small entities, for the                    federalism or Indian tribes, please
                                                protect the public, exercise participants               reasons stated in section V.A above, this              contact the person listed in the FOR
                                                and vessels in navigable waters during                  rule will not have a significant                       FURTHER INFORMATION CONTACT section
                                                the exercise. No vessel or person, with                 economic impact on any vessel owner                    above.
                                                the exception of exercise participants,                 or operator.
                                                                                                           Under section 213(a) of the Small                   E. Unfunded Mandates Reform Act
                                                will be permitted to enter the safety
                                                zone without obtaining permission from                  Business Regulatory Enforcement                          The Unfunded Mandates Reform Act
                                                the COTP or a designated                                Fairness Act of 1996 (Public Law 104–                  of 1995 (2 U.S.C. 1531–1538) requires
                                                representative.                                         121), we want to assist small entities in              Federal agencies to assess the effects of
                                                                                                        understanding this rule. If the rule                   their discretionary regulatory actions. In
                                                V. Regulatory Analyses                                  would affect your small business,                      particular, the Act addresses actions
                                                  We developed this rule after                          organization, or governmental                          that may result in the expenditure by a
                                                considering numerous statutes and                       jurisdiction and you have questions                    State, local, or tribal government, in the
                                                executive orders (E.O.s) related to                     concerning its provisions or options for               aggregate, or by the private sector of
                                                rulemaking. Below we summarize our                      compliance, please contact the person                  $100,000,000 (adjusted for inflation) or
                                                analyses based on a number of these                     listed in the FOR FURTHER INFORMATION                  more in any one year. Though this rule
                                                statutes and E.O.s, and we discuss First                CONTACT section.                                       will not result in such an expenditure,
                                                Amendment rights of protestors.                            Small businesses may send comments                  we do discuss the effects of this rule
                                                                                                        on the actions of Federal employees                    elsewhere in this preamble.
                                                A. Regulatory Planning and Review
                                                                                                        who enforce, or otherwise determine
                                                   Executive Orders 12866 and 13563                                                                            F. Environment
                                                                                                        compliance with, Federal regulations to
                                                direct agencies to assess the costs and                 the Small Business and Agriculture                       We have analyzed this rule under
                                                benefits of available regulatory                        Regulatory Enforcement Ombudsman                       Department of Homeland Security
                                                alternatives and, if regulation is                      and the Regional Small Business                        Management Directive 023–01 and
                                                necessary, to select regulatory                         Regulatory Fairness Boards. The                        Commandant Instruction M16475.lD,
                                                approaches that maximize net benefits.                  Ombudsman evaluates these actions                      which guide the Coast Guard in
                                                Executive Order 13771 directs agencies                  annually and rates each agency’s                       complying with the National
                                                to control regulatory costs through a                   responsiveness to small business. If you               Environmental Policy Act of 1969(42
                                                budgeting process. This NPRM has not                    wish to comment on actions by                          U.S.C. 4321–4370f), and have
                                                been designated a ‘‘significant                         employees of the Coast Guard, call 1–                  determined that the establishment of a
                                                regulatory action’’ under Executive                     888–REG–FAIR (1–888–734–3247). The                     safety zone is one of a category of
                                                Order 12866. Accordingly, the NPRM                      Coast Guard will not retaliate against                 actions that do not individually or
                                                has not been reviewed by the Office of                  small entities that question or complain               cumulatively have a significant effect on
                                                Management and Budget (OMB), and                        about this rule or any policy or action                the human environment. This rule
                                                pursuant to OMB guidance it is exempt                   of the Coast Guard.                                    involves a safety zone lasting up to eight
                                                from the requirements of Executive                                                                             hours that will prohibit entry within
                                                Order 13771.                                            C. Collection of Information                           700-yards above and below the surface
                                                   This regulatory action determination                   This rule will not call for a new                    of the UNDET exercise. It is
                                                is based on the size, location and                      collection of information under the                    categorically excluded from further
                                                duration of the safety zone. Vessel                     Paperwork Reduction Act of 1995 (44                    review under paragraph 34(g) of Figure
                                                traffic will be able to safely transit                  U.S.C. 3501–3520).                                     2–1 of the Commandant Instruction. A
                                                around this safety zone which will                                                                             Record of Environmental Consideration
                                                                                                        D. Federalism and Indian Tribal
                                                impact a small designated area of waters                                                                       (REC) supporting this determination is
                                                                                                        Governments
                                                in the outer harbor for 8 hours or less.                                                                       available in the docket where indicated
                                                Moreover, the Coast Guard will issue                       A rule has implications for federalism              under ADDRESSES. We seek any
                                                Broadcast Notice to Mariners via VHF–                   under Executive Order 13132,                           comments or information that may lead
                                                FM marine channel 16 about the zone.                    Federalism, if it has a substantial direct             to the discovery of a significant
                                                Further, the rule allows vessels and                    effect on the States, on the relationship              environmental impact from this rule.
                                                persons to seek permission to enter the                 between the national government and
                                                                                                        the States, or on the distribution of                  G. Protest Activities
                                                zone.
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                                                                                                        power and responsibilities among the                     The Coast Guard respects the First
                                                B. Impact on Small Entities                             various levels of government. We have                  Amendment rights of protesters.
                                                  The Regulatory Flexibility Act of                     analyzed this rule under that Order and                Protesters are asked to contact the
                                                1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                  person listed in the FOR FURTHER
                                                requires Federal agencies to consider                   with the fundamental federalism                        INFORMATION CONTACT section to
                                                the potential impact of regulations on                  principles and preemption requirements                 coordinate protest activities so that your
                                                small entities during rulemaking. The                   described in E.O 13132.                                message can be received without


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                                                                     Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations                                               29753

                                                jeopardizing the safety or security of                    Dated: June 8, 2017.                                 July 4, 2017, the safety zone will
                                                people, places or vessels.                              James B. Pruett,                                       increase in size and encompass the
                                                                                                        Captain, U.S. Coast Guard, Captain of the              navigable waters around and under the
                                                List of Subjects in 33 CFR Part 165
                                                                                                        Port, Guam.                                            fireworks barge within a radius 1,000
                                                  Harbors, Marine Safety, Navigation                    [FR Doc. 2017–13853 Filed 6–29–17; 8:45 am]            feet in approximate position 39°05′18″
                                                (water), Reporting and record-keeping                   BILLING CODE 9110–04–P                                 N., 119°56′34″ W. (NAD 83). Upon the
                                                requirements, Security measures,                                                                               conclusion of the fireworks display the
                                                Waterways.                                                                                                     safety zone shall terminate. This safety
                                                  For the reasons discussed in the                      DEPARTMENT OF HOMELAND                                 zone will be in effect from 7 a.m. until
                                                preamble, the Coast Guard amends 33                     SECURITY                                               approximately 10:30 p.m. on July 4,
                                                CFR part 165 as follows:                                                                                       2017.
                                                                                                        Coast Guard                                               Under the provisions of 33 CFR
                                                PART 165—REGULATED NAVIGATION                                                                                  165.1191, unauthorized persons or
                                                AREAS AND LIMITED ACCESS AREAS                          33 CFR Part 165                                        vessels are prohibited from entering
                                                                                                        [Docket No. USCG–2017–0612]                            into, transiting through, or anchoring in
                                                ■ 1. The authority citation for part 165                                                                       the safety zone during all applicable
                                                continues to read as follows:                                                                                  effective dates and times, unless
                                                                                                        Safety Zone; Fourth of July Fireworks,
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Glenbrook NV                                           authorized to do so by the PATCOM.
                                                33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;                                                                   Additionally, each person who receives
                                                Department of Homeland Security Delegation              AGENCY:  Coast Guard, DHS.                             notice of a lawful order or direction
                                                No. 0170.1.                                             ACTION: Notice of enforcement of                       issued by an official patrol vessel shall
                                                ■ 2. Add § 165.T14–0502 to read as                      regulation.                                            obey the order or direction. The
                                                follows:                                                                                                       PATCOM is empowered to forbid entry
                                                                                                        SUMMARY:   The Coast Guard will enforce                into and control the regulated area. The
                                                165. T14–0502 Safety Zone; Navy UNDET                   the safety zone for the Fourth of July
                                                Exercise, Apra Outer Harbor, GU.                                                                               PATCOM shall be designated by the
                                                                                                        Fireworks display in the Captain of the                Commander, Coast Guard Sector San
                                                   (a) Location. The following areas,                   Port, San Francisco area of
                                                within the Captain of the Port (COTP)                                                                          Francisco. The PATCOM may, upon
                                                                                                        responsibility during the dates and                    request, allow the transit of commercial
                                                Guam Zone (See 33 CFR 3.70–15), from                    times noted below. This action is
                                                the surface of the water to the ocean                                                                          vessels through regulated areas when it
                                                                                                        necessary to protect the life and                      is safe to do so.
                                                floor, are safety zones:                                property of the maritime public from the
                                                   Apra Outer Harbor, Guam July 13,                                                                               This notice of enforcement is issued
                                                                                                        hazards associated with the fireworks                  under authority of 33 CFR 165.1191 and
                                                2017. All waters above and below the                    display. During the enforcement period,
                                                surface bounded by a circle with a 700-                                                                        5 U.S.C. 552(a). In addition to this
                                                                                                        unauthorized persons or vessels are                    notification in the Federal Register, the
                                                yard radius centered at 13 degrees 27                   prohibited from entering into, transiting
                                                minutes 42 seconds North Latitude and                                                                          Coast Guard will provide the maritime
                                                                                                        through, or anchoring in the safety zone,              community with extensive advance
                                                144 degrees 38 minutes 30 seconds East                  unless authorized by the Patrol
                                                Longitude, (NAD 1983).                                                                                         notification of the safety zone and its
                                                                                                        Commander (PATCOM).                                    enforcement period via the Local Notice
                                                   (b) Effective period. This section is
                                                                                                        DATES: The regulations in 33 CFR                       to Mariners.
                                                effective from 8 a.m. through 4 p.m. on
                                                                                                        165.1191, Table 1, Item number 16 will                    If the Captain of the Port determines
                                                July 13th, 2017, unless canceled earlier
                                                                                                        be enforced from 7 a.m. through 10:30                  that the regulated area need not be
                                                by the COTP Guam.
                                                                                                        p.m. on July 4, 2017.                                  enforced for the full duration stated in
                                                   (c) Regulations. The general
                                                regulations governing safety zones                      FOR FURTHER INFORMATION CONTACT: If                    this notification, a Broadcast Notice to
                                                contained in 33 CFR 165.23 apply. No                    you have questions on this notice of                   Mariners may be used to grant general
                                                vessels, with the exception of exercise                 enforcement, call or email Lieutenant                  permission to enter the regulated area.
                                                participants may enter or transit the                   Junior Grade Christina Ramirez, U.S.                     Dated: May 23, 2017.
                                                safety zone and no persons in the water,                Coast Guard Sector San Francisco;                      Anthony J. Ceraolo,
                                                with the exception of exercise                          telephone (415) 399–2001 or email at
                                                                                                                                                               Captain, U.S. Coast Guard, Captain of the
                                                participants may enter or transit the                   D11-PF-MarineEvents@uscg.mil.                          Port, San Francisco.
                                                safety zone unless authorized by the                    SUPPLEMENTARY INFORMATION: The Coast                   [FR Doc. 2017–13844 Filed 6–29–17; 8:45 am]
                                                COTP Guam or a designated                               Guard will enforce a safety zone in                    BILLING CODE 9110–04–P
                                                representative thereof.                                 navigable waters around and under a
                                                   (d) Enforcement. Any Coast Guard                     fireworks barge within a radius of 100
                                                commissioned, warrant, or petty officer,                feet during the loading of the fireworks               DEPARTMENT OF HOMELAND
                                                and any other COTP Guam                                 barge and until the start of the fireworks             SECURITY
                                                representative permitted by law, may                    display. From 7 a.m. until 8 a.m. on July
                                                enforce this temporary safety zones.                    4, 2017, the fireworks barge will be                   Coast Guard
                                                   (e) Waiver. The COTP Guam may                        loading pyrotechnics at the launch site
                                                waive any of the requirements of this                   in Glenbrook Bay in approximate                        33 CFR Part 165
                                                section for any person, vessel, or class                position 39°05′18″ N., 119°56′34″ W.
                                                of vessel upon finding that application                 (NAD 83). The fireworks barge will                     [Docket No. USCG–2017–0616]
mstockstill on DSK30JT082PROD with RULES




                                                of the safety zone is unnecessary or                    remain at the launch site in Glenbrook
                                                impractical for the purpose of maritime                 Bay in approximate position 39°05′18″                  Safety Zone; Commencement Bay,
                                                safety and security.                                    N., 119°56′34″ W. (NAD 83) until the                   Tacoma, WA
                                                   (f) Penalties. Vessels or persons                    commencement of the fireworks                          AGENCY:  Coast Guard, DHS.
                                                violating this rule are subject to the                  display. Upon the commencement of the
                                                                                                                                                               ACTION: Notice of enforcement of
                                                penalties set forth in 33 U.S.C. 1232 and               20 minute fireworks display, scheduled
                                                                                                                                                               regulation.
                                                50 U.S.C. 192.                                          to begin at approximately 9:30 p.m. on


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Document Created: 2017-06-30 06:02:12
Document Modified: 2017-06-30 06:02:12
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 July 13th, 2017.
ContactIf you have questions on this rule, call or email Petty Officer Robin Branch, Sector Guam, U.S. Coast Guard; telephone (671) 355-4835, email [email protected]
FR Citation82 FR 29751 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record-Keeping Requirements; Security Measures and Waterways

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