83 FR 23367 - Safety Zone; Navy Underwater Detonation (UNDET) Exercises, GU

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range		23367-23369
FR Document		2018-10823

The Coast Guard is establishing two recurring safety zones for navigable waters of Apra Outer Harbor and Piti, Guam. The safety zones will encompass sites designated for U.S. Navy underwater detonation (UNDET) exercises. 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 these exercises. These safety zones will impact a small designated area of navigable waters in Apra Harbor and Piti during periods of times, many of which are of short duration, on days requested by the Navy for UNDET exercises. 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 83 Issue 98 (Monday, May 21, 2018)

[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23367-23369]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10823]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0651]
RIN 1625-AA00


Safety Zone; Navy Underwater Detonation (UNDET) Exercises, GU

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing two recurring safety zones for 
navigable waters of Apra Outer Harbor and Piti, Guam. The safety zones 
will encompass sites designated for U.S. Navy underwater detonation 
(UNDET) exercises. 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 these 
exercises. These safety zones will impact a small designated area of 
navigable waters in Apra Harbor and Piti during periods of times, many 
of which are of short duration, on days requested by the Navy for UNDET 
exercises. 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 June 20, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0651 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

[[Page 23368]]

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
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

    U.S. Navy UNDET exercises occur multiple times throughout the year 
to train and prepare personnel for operational missions. We have 
established safety zones for these Navy UNDETs in past years through a 
temporary final rulemaking for each exercise. For all subsequent 
exercises, we propose to establish recurring safety zones through this 
regulation to safeguard the public and exercise participants within the 
affected area from possible safety hazards associated with the 
exercises.
    In response, on February 9, 2018, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled Safety Zone; Navy 
Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU (83 FR 
5751-5753). In the NPRM, we stated the purpose and need for the safety 
zone, and invited comments on our proposed regulatory action related to 
these safety zones. During the comment period that ended March 26, 
2018, we received 2 comments in support of the proposed rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Guam (COTP) has determined that potential 
hazards associated with the UNDET exercises will be a safety concern 
for anyone within a 700 yard radius around the two locations with the 
exception of exercise participants. The purpose of these safety zones 
is to protect the public and exercise participants from possible safety 
hazards associated with the exercises.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published 
February 9, 2018. Both comments supported the rule, and proposed no 
changes. The only change made will be to the title of the rule. The 
original title from the proposed rule in the NPRM was ``Safety Zone; 
Navy Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU''. 
The title will be changed to ``Safety Zone; Navy Underwater Detonation 
(UNDET) Exercises, GU'' which better reflects the rule. There are no 
changes in the regulatory text of this rule from the NPRM.
    The COTP proposed to establish two recurring safety zones for 
certain periods of time, many of which are of short duration, on days 
requested by the Navy for UNDET exercises. The safety zones will cover 
all navigable waters within a 700 yard radius above and below the 
surface for the Apra Outer Harbor UNDET site and a 700 yard radius 
above and below the surface for the UNDET Piti site. The duration of 
the safety zones is intended to protect personnel, vessels, and the 
marine environment in these navigable waters during the UNDET exercise. 
With the exception of exercise participants, no vessel or person 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 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 on the size, 
location, and duration of the safety zones. Vessel traffic will be able 
to safely transit around these safety zones, which will impact a small 
designated area of waters off of Piti, Guam, and in Apra Outer Harbor 
for certain periods of time, many of which are of short duration, on 
days requested by the Navy for UNDET exercises. The UNDET exercises 
occur approximately 10 times a year, although additional exercises may 
be required based on Navy training needs. Moreover, the Coast Guard 
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the safety zones 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 received no comments from the Small Business 
Administration on this rulemaking. 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

[[Page 23369]]

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.

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 involves 
establishing two recurring safety zones for periods of time, many of 
which are of short duration, on days requested by the Navy for UNDET 
exercises that will prohibit entry within 700 yards radius above and 
below the surface for the Apra Outer Harbor UNDET site and a 700 yard 
radius above and below the surface for the Piti UNDET site. It is 
categorically excluded from further review under paragraph L[37] 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, 195; 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.  165.1402 to read as follows:


Sec.  165.1402   Safety Zone; Navy Underwater Detonation (UNDET) 
Exercises, GU.

    (a) Location. The following areas, within the Guam Captain of the 
Port (COTP) Zone (See 33 CFR 3.70-15), from the surface of the water to 
the ocean floor, are safety zones:
    (1) Apra Outer Harbor, Guam. 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).
    (2) Piti, Guam. All waters above and below the surface bounded by a 
circle with a 700 yard radius centered at 13 degrees 29 minutes 03 
seconds North Latitude and 144 degrees 40 minutes 03 seconds East 
Longitude, (NAD 1983).
    (b) Enforcement periods. This section will be enforced for 
designated periods of time, many of which are of short duration, on 
days requested by the Navy for purpose of UNDET exercises.
    (c) Regulations. The general regulations governing safety zones 
contained in Sec.  165.23 apply. With the exception of exercise 
participants, no vessels may enter or transit safety zones in paragraph 
(a)(1) of this section and no persons in the water may enter or transit 
the safety zone in paragraph (a)(2) of this section unless authorized 
by the COTP or a designated representative thereof.
    (d) Enforcement. Any Coast Guard commissioned, warrant, or petty 
officer, and any other COTP representative permitted by law, may 
enforce these safety zones.

    Dated: April 27, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2018-10823 Filed 5-18-18; 8:45 am]
 BILLING CODE 9110-04-P

23368 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Rules and Regulations

email Petty Officer Robin Branch, Sector was ‘‘Safety Zone; Navy Underwater additional exercises may be required
Guam, U.S. Coast Guard; telephone Detonation (UNDET) Exercise, Apra based on Navy training needs.
(671) 355–4835, email wwmguam@ Outer Harbor, GU’’. The title will be Moreover, the Coast Guard will issue a
uscg.mil. changed to ‘‘Safety Zone; Navy Broadcast Notice to Mariners via VHF–
SUPPLEMENTARY INFORMATION: Underwater Detonation (UNDET) FM marine channel 16 about the safety
Exercises, GU’’ which better reflects the zones and the rule allows vessels to seek
I. Table of Abbreviations rule. There are no changes in the permission to enter the zone.
regulatory text of this rule from the
CFR Code of Federal Regulations NPRM. B. Impact on Small Entities
DHS Department of Homeland Security
The COTP proposed to establish two The Regulatory Flexibility Act of
FR Federal Register
NPRM Notice of proposed rulemaking recurring safety zones for certain 1980, 5 U.S.C. 601–612, as amended,
§ Section periods of time, many of which are of requires Federal agencies to consider
U.S.C. United States Code short duration, on days requested by the the potential impact of regulations on
Navy for UNDET exercises. The safety small entities during rulemaking. The
II. Background Information and zones will cover all navigable waters term ‘‘small entities’’ comprises small
Regulatory History within a 700 yard radius above and businesses, not-for-profit organizations
U.S. Navy UNDET exercises occur below the surface for the Apra Outer that are independently owned and
multiple times throughout the year to Harbor UNDET site and a 700 yard operated and are not dominant in their
train and prepare personnel for radius above and below the surface for fields, and governmental jurisdictions
operational missions. We have the UNDET Piti site. The duration of the with populations of less than 50,000.
established safety zones for these Navy safety zones is intended to protect The Coast Guard received no comments
UNDETs in past years through a personnel, vessels, and the marine from the Small Business Administration
temporary final rulemaking for each environment in these navigable waters on this rulemaking. The Coast Guard
exercise. For all subsequent exercises, during the UNDET exercise. With the certifies under 5 U.S.C. 605(b) that this
we propose to establish recurring safety exception of exercise participants, no rule will not have a significant
zones through this regulation to vessel or person will be permitted to economic impact on a substantial
safeguard the public and exercise enter the safety zones without obtaining number of small entities.
participants within the affected area permission from the COTP or a While some owners or operators of
from possible safety hazards associated designated representative. vessels intending to transit the safety
with the exercises. zone may be small entities, for the
In response, on February 9, 2018, the V. Regulatory Analyses
We developed this rule after reasons stated in section V.A. above,
Coast Guard published a notice of this rule will not have a significant
proposed rulemaking (NPRM) titled considering numerous statutes and
Executive orders related to rulemaking. economic impact on any vessel owner
Safety Zone; Navy Underwater or operator.
Detonation (UNDET) Exercise, Apra Below we summarize our analyses
based on a number of these statutes and Under section 213(a) of the Small
Outer Harbor, GU (83 FR 5751–5753). In
Executive orders, and we discuss First Business Regulatory Enforcement
the NPRM, we stated the purpose and
Amendment rights of protestors. Fairness Act of 1996 (Pub. L. 104–121),
need for the safety zone, and invited
we want to assist small entities in
comments on our proposed regulatory A. Regulatory Planning and Review understanding this rule. If the rule
action related to these safety zones.
Executive Orders 12866 and 13563 would affect your small business,
During the comment period that ended
direct agencies to assess the costs and organization, or governmental
March 26, 2018, we received 2
benefits of available regulatory jurisdiction and you have questions
comments in support of the proposed
alternatives and, if regulation is concerning its provisions or options for
rule.
necessary, to select regulatory compliance, please contact the person
III. Legal Authority and Need for Rule approaches that maximize net benefits. listed in the FOR FURTHER INFORMATION
The Coast Guard is issuing this rule Executive Order 13771 directs agencies CONTACT section.
under authority in 33 U.S.C. 1231. The to control regulatory costs through a Small businesses may send comments
Captain of the Port Guam (COTP) has budgeting process. This rule has not on the actions of Federal employees
determined that potential hazards been designated a ‘‘significant who enforce, or otherwise determine
associated with the UNDET exercises regulatory action,’’ under Executive compliance with, Federal regulations to
will be a safety concern for anyone Order 12866. Accordingly, this rule has the Small Business and Agriculture
within a 700 yard radius around the two not been reviewed by the Office of Regulatory Enforcement Ombudsman
locations with the exception of exercise Management and Budget (OMB), and and the Regional Small Business
participants. The purpose of these safety pursuant to OMB guidance it is exempt Regulatory Fairness Boards. The
zones is to protect the public and from the requirements of Executive Ombudsman evaluates these actions
exercise participants from possible Order 13771. annually and rates each agency’s
safety hazards associated with the This regulatory action determination responsiveness to small business. If you
exercises. is based on the size, location, and wish to comment on actions by
duration of the safety zones. Vessel employees of the Coast Guard, call 1–
IV. Discussion of Comments, Changes, traffic will be able to safely transit 888–REG–FAIR (1–888–734–3247). The
and the Rule around these safety zones, which will Coast Guard will not retaliate against
sradovich on DSK3GMQ082PROD with RULES

As noted above, we received two impact a small designated area of waters small entities that question or complain
comments on our NPRM published off of Piti, Guam, and in Apra Outer about this rule or any policy or action
February 9, 2018. Both comments Harbor for certain periods of time, many of the Coast Guard.
supported the rule, and proposed no of which are of short duration, on days
C. Collection of Information
changes. The only change made will be requested by the Navy for UNDET
to the title of the rule. The original title exercises. The UNDET exercises occur This rule will not call for a new
from the proposed rule in the NPRM approximately 10 times a year, although collection of information under the

VerDate Sep<11>2014 15:54 May 18, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\21MYR1.SGM 21MYR1

Document Created: 2018-11-02 11:08:03
Document Modified: 2018-11-02 11:08:03

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		Final rule.
Dates		This rule is effective June 20, 2018.
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]
FR Citation		83 FR 23367
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 23367 - Safety Zone; Navy Underwater Detonation (UNDET) Exercises, GU

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 98 (May 21, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard