83 FR 21886 - Safety Zone; Cocos Lagoon, Merizo, GU

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 92 (May 11, 2018)

Page Range		21886-21887
FR Document		2018-10101

The Coast Guard is establishing a safety zone for navigable waters within Cocos Lagoon. This safety zone will encompass the designated swim course for the Cocos Crossing swim event in the waters of Cocos Lagoon, Merizo, Guam. This safety zone is necessary to protect all persons and vessels participating in this marine event from potential safety hazards associated with vessel traffic in the area. Race participants, chase boats, and organizers of the event will be exempt from the safety zone. Entry of persons or vessels into the safety zone is prohibited unless authorized by the Captain of the Port Guam (COTP).

Federal Register, Volume 83 Issue 92 (Friday, May 11, 2018)

[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21886-21887]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10101]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0290]
RIN 1625-AA00


Safety Zone; Cocos Lagoon, Merizo, GU

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone for navigable 
waters within Cocos Lagoon. This safety zone will encompass the 
designated swim course for the Cocos Crossing swim event in the waters 
of Cocos Lagoon, Merizo, Guam. This safety zone is necessary to protect 
all persons and vessels participating in this marine event from 
potential safety hazards associated with vessel traffic in the area. 
Race participants, chase boats, and organizers of the event will be 
exempt from the safety zone. Entry of persons or vessels into the 
safety zone is prohibited unless authorized by the Captain of the Port 
Guam (COTP).

DATES: This rule is effective from 7 a.m. to 1 p.m. on May 27, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0290 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Petty Officer Todd Wheeler, Sector Guam, U.S. Coast 
Guard; telephone (671) 355-4866, Email WWMGuam@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to public interest. The specific date and time for the event 
was not set with sufficient time to publish and request public comment 
on the establishment of a safety zone. Thus, delaying the effective 
date of this rule to allow for a comment period to run would be 
impracticable because it would inhibit the Coast Guard's ability to 
protect participants from hazards from vessel traffic.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Due to the date of notification 
for the event and potential danger to the swim participants, delaying 
the effective period of this safety zone would be contrary to public 
interest.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
vessel traffic in the area of the Cocos Crossing swim event on May 27, 
2018 will be a safety concern for participants and that all vessels are 
to keep a 100-yard radius from event participants and support vessels. 
The purpose of this rule is to ensure the safety of the participants 
and the navigable waters in the safety zone before, during, and after 
the scheduled event.

IV. Discussion of the Rule

    This rule establishes a safety zone for Cocos Crossing swim event 
in the waters of Cocos Lagoon, Merizo, Guam. This event is scheduled to 
take place from 7 a.m. to 1 p.m. on May 27, 2018. This safety zone is 
necessary to protect all persons and vessels participating in this 
marine event from potential safety hazards associated with vessel 
traffic in the area. Race participants, chase boats and organizers of 
the event will be exempt from the safety zone. Entry of persons or 
vessels into this safety zone is prohibited unless authorized by the 
COTP.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 the size, location, 
duration, and time-of-day of the safety zone. Vessel traffic will be 
able to safety transit around this safety zone which will impact a 
small designated area of the Cocos Lagoon for 6 hours. Moreover, the 
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine

[[Page 21887]]

channel 16 about the zone and the rule allows vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (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 Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969(42 U.S.C. 4321-4370f), and have determined that this action is one 
of a category of actions that do not individually or cumulatively have 
a significant effect on the human environment. This rule puts in place 
a safety zone lasting for 6 hours that will prohibit entry within 100-
yards of swim participants. It is categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T14-0290 to read as follows:


Sec.  165.T14-0290  Safety Zone; Cocos Lagoon, Merizo, GU.

    (a) Location. The following area, within the Guam Captain of the 
Port (COTP) Zone (See 33 CFR 3.70-15) is a safety zone: All navigable 
waters within a 100-yard radius of race participants in Merizo and 
Cocos Lagoon. Race participants, chase boats and organizers of the 
event will be exempt from the safety zone.
    (b) Effective dates. This rule is effective from 7 a.m. through 1 
p.m. on May 27, 2018.
    (c) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP representative permitted by law, may 
enforce this temporary safety zone.
    (d) Waiver. The COTP may waive any of the requirements of this rule 
for any person, vessel, or class of vessel upon finding that 
application of the safety zone is unnecessary or impractical for the 
purpose of maritime security.
    (e) 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: April 20, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2018-10101 Filed 5-10-18; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations 21887

channel 16 about the zone and the rule effect on the States, on the relationship Protesters are asked to contact the
allows vessels to seek permission to between the national government and person listed in the FOR FURTHER
enter the zone. the States, or on the distribution of INFORMATION CONTACT section to
power and responsibilities among the coordinate protest activities so that your
B. Impact on Small Entities
various levels of government. We have message can be received without
The Regulatory Flexibility Act of analyzed this rule under that Order and jeopardizing the safety or security of
1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent people, places or vessels.
requires Federal agencies to consider with the fundamental federalism
the potential impact of regulations on principles and preemption requirements List of Subjects in 33 CFR Part 165
small entities during rulemaking. The described in Executive Order 13132.
term ‘‘small entities’’ comprises small Harbors, Marine safety, Navigation
Also, this rule does not have tribal
businesses, not-for-profit organizations implications under Executive Order (water), Reporting and recordkeeping
that are independently owned and 13175, Consultation and Coordination requirements, Security measures,
operated and are not dominant in their with Indian Tribal Governments, Waterways.
fields, and governmental jurisdictions because it does not have a substantial For the reasons discussed in the
with populations of less than 50,000. direct effect on one or more Indian preamble, the Coast Guard amends 33
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the CFR part 165 as follows:
605(b) that this rule will not have a Federal Government and Indian tribes,
significant economic impact on a or on the distribution of power and PART 165—REGULATED NAVIGATION
substantial number of small entities. responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS
While some owners or operators of Government and Indian tribes. If you
vessels intending to transit the safety believe this rule has implications for ■ 1. The authority citation for part 165
zone may be small entities, for the federalism or Indian tribes, please continues to read as follows:
reasons stated in section V.A above, this contact the person listed in the FOR
rule will not have a significant Authority: 33 U.S.C 1231; 50 U.S.C. 191;
FURTHER INFORMATION CONTACT section
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
economic impact on any vessel owner above.
Department of Homeland Security Delegation
or operator.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act No. 0170.1.
Business Regulatory Enforcement The Unfunded Mandates Reform Act ■ 2. Add § 165.T14–0290 to read as
Fairness Act of 1996 (Public Law 104– of 1995 (2 U.S.C. 1531–1538) requires follows:
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 § 165.T14–0290 Safety Zone; Cocos
would affect your small business, particular, the Act addresses actions Lagoon, Merizo, GU.
organization, or governmental that may result in the expenditure by a (a) Location. The following area,
jurisdiction and you have questions State, local, or tribal government, in the within the Guam Captain of the Port
concerning its provisions or options for aggregate, or by the private sector of (COTP) Zone (See 33 CFR 3.70–15) is a
compliance, please contact the person $100,000,000 (adjusted for inflation) or safety zone: All navigable waters within
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule a 100-yard radius of race participants in
CONTACT section. will not result in such an expenditure, Merizo and Cocos Lagoon. Race
Small businesses may send comments we do discuss the effects of this rule participants, chase boats and organizers
on the actions of Federal employees elsewhere in this preamble. of the event will be exempt from the
who enforce, or otherwise determine safety zone.
F. Environment
compliance with, Federal regulations to
the Small Business and Agriculture We have analyzed this rule under (b) Effective dates. This rule is
Regulatory Enforcement Ombudsman Department of Homeland Security effective from 7 a.m. through 1 p.m. on
and the Regional Small Business Directive 023–01 and Commandant May 27, 2018.
Regulatory Fairness Boards. The Instruction M16475.1D, which guide the (c) Enforcement. Any Coast Guard
Ombudsman evaluates these actions Coast Guard in complying with the commissioned, warrant, or petty officer,
annually and rates each agency’s National Environmental Policy Act of and any other COTP representative
responsiveness to small business. If you 1969(42 U.S.C. 4321–4370f), and have permitted by law, may enforce this
wish to comment on actions by determined that this action is one of a temporary safety zone.
employees of the Coast Guard, call 1– category of actions that do not
individually or cumulatively have a (d) Waiver. The COTP may waive any
888–REG–FAIR (1–888–734–3247). The of the requirements of this rule for any
Coast Guard will not retaliate against significant effect on the human
environment. This rule puts in place a person, vessel, or class of vessel upon
small entities that question or complain finding that application of the safety
about this rule or any policy or action safety zone lasting for 6 hours that will
prohibit entry within 100-yards of swim zone is unnecessary or impractical for
of the Coast Guard. the purpose of maritime security.
participants. It is categorically excluded
C. Collection of Information from further review under paragraph (e) Penalties. Vessels or persons
This rule will not call for a new L60(a) of Appendix A, Table 1 of DHS violating this rule are subject to the
collection of information under the Instruction Manual 023–01–001–01, penalties set forth in 33 U.S.C. 1232 and
Paperwork Reduction Act of 1995 (44 Rev. 01. A Record of Environmental 50 U.S.C. 192.
sradovich on DSK3GMQ082PROD with RULES

U.S.C. 3501–3520). Consideration supporting this Dated: April 20, 2018.
determination is available in the docket
D. Federalism and Indian Tribal Christopher M. Chase,
where indicated under ADDRESSES.
Governments Captain, U.S. Coast Guard, Captain of the
A rule has implications for federalism G. Protest Activities Port, Guam.
under Executive Order 13132, The Coast Guard respects the First [FR Doc. 2018–10101 Filed 5–10–18; 8:45 am]
Federalism, if it has a substantial direct Amendment rights of protesters. BILLING CODE 9110–04–P

VerDate Sep<11>2014 22:27 May 10, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4700 Sfmt 9990 E:\FR\FM\11MYR1.SGM 11MYR1

Document Created: 2018-11-02 09:49:39
Document Modified: 2018-11-02 09:49:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 7 a.m. to 1 p.m. on May 27, 2018.
Contact		If you have questions on this rule, call or email Chief Petty Officer Todd Wheeler, Sector Guam, U.S. Coast Guard; telephone (671) 355-4866, Email [email protected]
FR Citation		83 FR 21886
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 21886 - Safety Zone; Cocos Lagoon, Merizo, GU

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 92 (May 11, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard