83 FR 23400 - Safety Zone; Philippine Sea, Rota

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range		23400-23402
FR Document		2018-10819

The Coast Guard proposes to establish a temporary safety zone for certain waters off of the Port of Rota. The Coast Guard believes this safety zone is necessary to protect all divers participating in this underwater military exercise from potential safety hazards associated with vessel traffic in the area. This proposed rulemaking would prohibit persons and vessels not involved in the exercise from being in the safety zone unless authorized by the Captain of the Port Guam (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

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

[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23400-23402]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10819]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0183]
RIN 1625-AA11


Safety Zone; Philippine Sea, Rota

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters off of the Port of Rota. The Coast Guard believes 
this safety zone is necessary to protect all divers participating in 
this underwater military exercise from potential safety hazards 
associated with vessel traffic in the area. This proposed rulemaking 
would prohibit persons and vessels not involved in the exercise from 
being in the safety zone unless authorized by the Captain of the Port 
Guam (COTP) or a designated representative. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 20, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0183 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Chief Todd Wheeler, Sector Guam 
Waterways Management Division, U.S. Coast Guard; telephone 671-355-
4866, email [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 23401]]

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, Purpose, and Legal Basis

    The purpose of this rulemaking is to ensure the safety of divers in 
the water during an underwater military exercise in support of the 
biennial Exercise Valiant Shield from 6 p.m. on September 16, 2018 to 6 
a.m. on September 17, 2018. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 6 p.m. on 
September 16, 2018 to 6 a.m. on September 17, 2018. The safety zone 
would cover all navigable waters two miles off of the Port of Rota. 
This safety zone is necessary to protect all divers participating in 
this underwater military exercise from potential safety hazards 
associated with vessel traffic in the area. This proposed rulemaking 
would prohibit persons and vessels not involved in the exercise from 
being in the safety zone unless authorized by the COTP or a designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed 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 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, duration, and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone. Moreover, the 
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule would allow 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 
proposed rule would 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 
IV.A. above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination 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 proposed rule 
involves a safety zone vessel traffic would be able to safely transit 
around. Normally such actions are categorically excluded from further 
review under paragraph L60(c) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental 
Consideration 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

[[Page 23402]]

environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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.T14-0183 to read as follows:


Sec.  165.T14-0183   Safety Zone; Philippine Sea, Rota.

    (a) Location. The following area is a safety zone: All waters off 
of the Port of Rota, from surface to bottom, encompassed by a line 
connecting the following points beginning at 14[deg]08'07'' N, 
145[deg]08'00'' E, thence to 14[deg]08'53'' N, 145[deg]06'51'' E, 
thence to 14[deg]09'12'' N, 145[deg]07'13'' E, thence to 14[deg]08'16'' 
N, 145[deg]08'08'' E, and along the shore line back to the beginning 
point. These coordinates are based on NAD 1983.
    (b) Regulations. (1) The general regulations governing safety zones 
contained in Sec.  165.23 apply. This rule prohibits persons and 
vessels not involved in the exercise from being in the safety zone 
unless authorized by the Captain of the Port (COTP) Guam or a 
designated representative.
    (2) To seek permission to enter, contact the COTP Guam or the 
COTP's representative by VHF channel 16 or by telephone at 671-355-
4821. Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (c) Enforcement period. This section will be enforced from 6 p.m. 
on September 16, 2018 to 6 a.m. on September 17, 2018.

    Dated: April 30, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. 2018-10819 Filed 5-18-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules 23401

I. Table of Abbreviations Vessel traffic would be able to safely between the national government and
CFR Code of Federal Regulations
transit around this safety zone. the States, or on the distribution of
DHS Department of Homeland Security Moreover, the Coast Guard would issue power and responsibilities among the
FR Federal Register a Broadcast Notice to Mariners via various levels of government. We have
NPRM Notice of proposed rulemaking VHF–FM marine channel 16 about the analyzed this proposed rule under that
§ Section zone, and the rule would allow vessels Order and have determined that it is
U.S.C. United States Code to seek permission to enter the zone. consistent with the fundamental
II. Background, Purpose, and Legal federalism principles and preemption
B. Impact on Small Entities
Basis requirements described in Executive
The Regulatory Flexibility Act of Order 13132.
The purpose of this rulemaking is to 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
ensure the safety of divers in the water requires Federal agencies to consider tribal implications under Executive
during an underwater military exercise the potential impact of regulations on Order 13175, Consultation and
in support of the biennial Exercise small entities during rulemaking. The Coordination with Indian Tribal
Valiant Shield from 6 p.m. on term ‘‘small entities’’ comprises small Governments, because it would not have
September 16, 2018 to 6 a.m. on businesses, not-for-profit organizations a substantial direct effect on one or
September 17, 2018. The Coast Guard that are independently owned and more Indian tribes, on the relationship
proposes this rulemaking under operated and are not dominant in their between the Federal Government and
authority in 33 U.S.C. 1231. fields, and governmental jurisdictions Indian tribes, or on the distribution of
III. Discussion of Proposed Rule with populations of less than 50,000. power and responsibilities between the
The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.
The COTP proposes to establish a 605(b) that this proposed rule would not
safety zone from 6 p.m. on September If you believe this proposed rule has
have a significant economic impact on implications for federalism or Indian
16, 2018 to 6 a.m. on September 17, a substantial number of small entities.
2018. The safety zone would cover all tribes, please contact the person listed
While some owners or operators of in the FOR FURTHER INFORMATION
navigable waters two miles off of the vessels intending to transit the safety CONTACT section.
Port of Rota. This safety zone is zone may be small entities, for the
necessary to protect all divers reasons stated in section IV.A. above, E. Unfunded Mandates Reform Act
participating in this underwater military this proposed rule would not have a
exercise from potential safety hazards The Unfunded Mandates Reform Act
significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
associated with vessel traffic in the area. vessel owner or operator.
This proposed rulemaking would Federal agencies to assess the effects of
If you think that your business,
prohibit persons and vessels not their discretionary regulatory actions. In
organization, or governmental
involved in the exercise from being in particular, the Act addresses actions
jurisdiction qualifies as a small entity
the safety zone unless authorized by the that may result in the expenditure by a
and that this rule would have a
COTP or a designated representative. State, local, or tribal government, in the
significant economic impact on it,
The regulatory text we are proposing aggregate, or by the private sector of
please submit a comment (see
appears at the end of this document. $100,000,000 (adjusted for inflation) or
ADDRESSES) explaining why you think it
more in any one year. Though this
IV. Regulatory Analyses qualifies and how and to what degree
proposed rule would not result in such
this rule would economically affect it.
We developed this proposed rule after Under section 213(a) of the Small an expenditure, we do discuss the
considering numerous statutes and Business Regulatory Enforcement effects of this rule elsewhere in this
Executive orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121), preamble.
Below we summarize our analyses we want to assist small entities in F. Environment
based on a number of these statutes and understanding this proposed rule. If the
Executive orders and we discuss First rule would affect your small business, We have analyzed this proposed rule
Amendment rights of protestors. organization, or governmental under Department of Homeland
jurisdiction and you have questions Security Directive 023–01, which guides
A. Regulatory Planning and Review the Coast Guard in complying with the
concerning its provisions or options for
Executive Orders 12866 and 13563 compliance, please contact the person National Environmental Policy Act of
direct agencies to assess the costs and listed in the FOR FURTHER INFORMATION 1969 (42 U.S.C. 4321–4370f), and have
benefits of available regulatory CONTACT section. The Coast Guard will made a preliminary determination that
alternatives and, if regulation is not retaliate against small entities that this action is one of a category of actions
necessary, to select regulatory question or complain about this that do not individually or cumulatively
approaches that maximize net benefits. proposed rule or any policy or action of have a significant effect on the human
Executive Order 13771 directs agencies the Coast Guard. environment. This proposed rule
to control regulatory costs through a involves a safety zone vessel traffic
budgeting process. This NPRM has not C. Collection of Information would be able to safely transit around.
been designated a ‘‘significant This proposed rule would not call for Normally such actions are categorically
regulatory action,’’ under Executive a new collection of information under excluded from further review under
Order 12866. Accordingly, the NPRM paragraph L60(c) of Appendix A, Table
sradovich on DSK3GMQ082PROD with PROPOSALS

the Paperwork Reduction Act of 1995
has not been reviewed by the Office of (44 U.S.C. 3501–3520). 1 of DHS Instruction Manual 023–01–
Management and Budget (OMB), and 001–01, Rev. 01. A preliminary Record
pursuant to OMB guidance it is exempt D. Federalism and Indian Tribal of Environmental Consideration
from the requirements of Executive Governments supporting this determination is
Order 13771. A rule has implications for federalism available in the docket where indicated
This regulatory action determination under Executive Order 13132, under ADDRESSES. We seek any
is based on the size, location, duration, Federalism, if it has a substantial direct comments or information that may lead
and time-of-day of the safety zone. effect on the States, on the relationship to the discovery of a significant

VerDate Sep<11>2014 16:12 May 18, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\21MYP1.SGM 21MYP1

Document Created: 2018-11-02 11:07:43
Document Modified: 2018-11-02 11:07:43

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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before June 20, 2018.
Contact		If you have questions about this proposed rulemaking, call or email Chief Todd Wheeler, Sector Guam Waterways Management Division, U.S. Coast Guard; telephone 671-355- 4866, email [email protected]
FR Citation		83 FR 23400
RIN Number		1625-AA11
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 23400 - Safety Zone; Philippine Sea, Rota

DEPARTMENT OF HOMELAND SECURITYCoast Guard

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

DEPARTMENT OF HOMELAND SECURITY
Coast Guard