83 FR 38259 - Safety Zone; Philippine Sea, Rota
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 151 (August 6, 2018)
Coast Guard
Federal Register Volume 83, Issue 151 (August 6, 2018)
| Page Range | 38259-38261 | |
| FR Document | 2018-16757 |
[Federal Register Volume 83, Number 151 (Monday, August 6, 2018)] [Rules and Regulations] [Pages 38259-38261] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16757] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0183] RIN 1625-AA00 Safety Zone; Philippine Sea, Rota AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for certain waters off 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 safety zone will 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. DATES: This rule is effective from 11 a.m. to 11 p.m. on September 16, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0183 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 call or email Chief Todd Wheeler, Sector Guam Waterways Management Division, 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 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 11 a.m. to 11 p.m. on September 16, 2018. In response, on May 21, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; Philippine Sea, Rota (83 FR 23400-23402). There, we stated the [[Page 38260]] background and proposed regulatory action, and requested comments on our proposed regulatory action related to this safety zone. During the comment period that ended June 20, 2018, we received no comments. 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 exercise will be a safety concern. The purpose of this rule is to protect all divers participating in this underwater military exercise from potential safety hazards associated with vessel traffic in the area. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published May 21, 2018. The Exercise Valiant Shield coordinator did send an updated time for when the divers will enter the water. The safety zone has moved up seven hours from the previous safety zone that was proposed in the NPRM. The changes are reflected in the regulatory text of this rule. This rule establishes a safety zone from 11 a.m. to 11 p.m. on September 16, 2018. The safety zone will 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. 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, 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 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 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 a safety zone lasting for 12 hours that will [[Page 38261]] prohibit entry into navigable waters 2 miles off the coast of the Port of Rota; however, vessel traffic would be able to safely transit around the safety zone. It is 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 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.T14-0183 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 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 (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 11 a.m. to 11 p.m. on September 16, 2018. Dated: July 13, 2018. Christopher M. Chase, Captain, U.S. Coast Guard, Captain of the Port Guam. [FR Doc. 2018-16757 Filed 8-3-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations 38259
effect on the States, on the relationship person listed in the FOR FURTHER DEPARTMENT OF HOMELAND
between the national government and INFORMATION CONTACT section to SECURITY
the States, or on the distribution of coordinate protest activities so that your
power and responsibilities among the message can be received without Coast Guard
various levels of government. We have jeopardizing the safety or security of
analyzed this rule under that Order and people, places or vessels. 33 CFR Part 165
have determined that it is consistent
List of Subjects in 33 CFR Part 165 [Docket Number USCG–2018–0183]
with the fundamental federalism
principles and preemption requirements Harbors, Marine safety, Navigation RIN 1625–AA00
described in Executive Order 13132. (water), Reporting and recordkeeping
Also, this rule does not have tribal requirements, Security measures, Safety Zone; Philippine Sea, Rota
implications under Executive Order Waterways. AGENCY: Coast Guard, DHS.
13175, Consultation and Coordination For the reasons discussed in the ACTION: Temporary final rule.
with Indian Tribal Governments, preamble, the Coast Guard amends 33
because it does not have a substantial CFR part 165 as follows: SUMMARY: The Coast Guard is
direct effect on one or more Indian establishing a temporary safety zone for
tribes, on the relationship between the PART 165—REGULATED NAVIGATION certain waters off the Port of Rota. The
Federal Government and Indian tribes, AREAS AND LIMITED ACCESS AREAS Coast Guard believes this safety zone is
or on the distribution of power and necessary to protect all divers
■ 1. The authority citation for part 165
responsibilities between the Federal participating in this underwater military
continues to read as follows:
Government and Indian tribes. If you exercise from potential safety hazards
believe this rule has implications for Authority: 33 U.S.C. 1231; 50 U.S.C. 191; associated with vessel traffic in the area.
federalism or Indian tribes, please 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation This safety zone will prohibit persons
contact the person listed in the FOR No. 0170.1. and vessels not involved in the exercise
FURTHER INFORMATION CONTACT section. from being in the safety zone unless
■ 2. Add § 165.T14–0194 to read as
E. Unfunded Mandates Reform Act follows: authorized by the Captain of the Port
Guam (COTP) or a designated
The Unfunded Mandates Reform Act § 165.T14–0194 Safety Zone; Philippine representative.
of 1995 (2 U.S.C. 1531–1538) requires Sea, Tinian.
Federal agencies to assess the effects of DATES: This rule is effective from 11
(a) Location. The following area is a a.m. to 11 p.m. on September 16, 2018.
their discretionary regulatory actions. In safety zone: All waters off of Chulu and
particular, the Act addresses actions ADDRESSES: To view documents
Babui Beach, Tinian, from surface to
that may result in the expenditure by a mentioned in this preamble as being
bottom, encompassed by a line
State, local, or tribal government, in the available in the docket, go to http://
connecting the following points
aggregate, or by the private sector of www.regulations.gov, type USCG–2018–
beginning at 15°04′34″ N, 145°37′03″ E,
$100,000,000 (adjusted for inflation) or 0183 in the ‘‘SEARCH’’ box and click
thence to 15°05′17″ N, 145°36′30″ E,
more in any one year. Though this rule ‘‘SEARCH.’’ Click on Open Docket
thence to 15°05′42″ N, 145°36′54″ E,
will not result in such an expenditure, Folder on the line associated with this
thence to 15°05′03″ N, 145°37′36″ E, and
we do discuss the effects of this rule rule.
along the shore line back to the
elsewhere in this preamble. beginning point. These coordinates are FOR FURTHER INFORMATION CONTACT: If
based on NAD 1983. you have questions on this rule, call or
F. Environment
(b) Regulations. (1) The general email call or email Chief Todd Wheeler,
We have analyzed this rule under regulations governing safety zones Sector Guam Waterways Management
Department of Homeland Security contained in § 165.23 apply. This Division, U.S. Coast Guard; telephone
Directive 023–01 and Commandant proposed rulemaking would prohibit 671–355–4866, email WWMGuam@
Instruction M16475.1D, which guide the persons and vessels not involved in the uscg.mil.
Coast Guard in complying with the exercise from being in the safety zone SUPPLEMENTARY INFORMATION:
National Environmental Policy Act of unless authorized by the Captain of the
1969 (42 U.S.C. 4321–4370f), and have Port (COTP) Guam or a designated I. Table of Abbreviations
determined that this action is one of a representative. CFR Code of Federal Regulations
category of actions that do not (2) To seek permission to enter, DHS Department of Homeland Security
individually or cumulatively have a contact the COTP Guam or the COTP’s FR Federal Register
significant effect on the human representative by VHF channel 16 or by NPRM Notice of proposed rulemaking
environment. This rule involves a safety telephone at 671–355–4821. Those in § Section
zone vessel traffic would be able to the safety zone must comply with all U.S.C. United States Code
safely transit around. It is categorically lawful orders or directions given to II. Background Information and
excluded from further review under them by the COTP or the COTP’s Regulatory History
paragraph L60(a) of Appendix A, Table designated representative.
1 of DHS Instruction Manual 023–01– (c) Enforcement period. This section The purpose of this rulemaking is to
001–01, Rev. 01. A Record of will be enforced from 5 p.m. on ensure the safety of divers in the water
Environmental Consideration September 10, 2018, to 5 a.m. on during an underwater military exercise
supporting this determination is September 11, 2018. in support of the biennial Exercise
sradovich on DSK3GMQ082PROD with RULES
available in the docket where indicated Valiant Shield from 11 a.m. to 11 p.m.
Dated: July 13, 2018. on September 16, 2018.
under ADDRESSES.
Christopher M. Chase, In response, on May 21, 2018, the
G. Protest Activities Captain, U.S. Coast Guard, Captain of the Coast Guard published a notice of
The Coast Guard respects the First Port Guam. proposed rulemaking (NPRM) titled
Amendment rights of protesters. [FR Doc. 2018–16754 Filed 8–3–18; 8:45 am] Safety Zone; Philippine Sea, Rota (83 FR
Protesters are asked to contact the BILLING CODE 9110–04–P 23400–23402). There, we stated the
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![Federal Register / Vol. 83, No. 151 / Monday, August 6, 2018 / Rules and Regulations 38261
prohibit entry into navigable waters 2 representative by VHF channel 16 or by final action published in the Federal
miles off the coast of the Port of Rota; telephone at 671–355–4821. Those in Register on June 15, 2018 (83 FR 27901)
however, vessel traffic would be able to the safety zone must comply with all and in the companion proposed rule
safely transit around the safety zone. It lawful orders or directions given to which was also published on June 15,
is categorically excluded from further them by the COTP or the COTP’s 2018 (83 FR 27910).
review under paragraph L60(c) of designated representative. In those actions, EPA proposed to
Appendix A, Table 1 of DHS Instruction (c) Enforcement period. This section approve a May 2, 2018 SIP revision from
Manual 023–01–001–01, Rev. 01. A will be enforced from 11 a.m. to 11 p.m. Pennsylvania to remove Pennsylvania
Record of Environmental Consideration on September 16, 2018. Department of Environmental Protection
supporting this determination is Dated: July 13, 2018. (PADEP) requirements for summertime
available in the docket where indicated Christopher M. Chase, low volatility gasoline (as codified at 25
under ADDRESSES. Pa. Code Chapter 126, Subchapter C)
Captain, U.S. Coast Guard, Captain of the
G. Protest Activities Port Guam. from the Pennsylvania SIP. EPA’s June
The Coast Guard respects the First [FR Doc. 2018–16757 Filed 8–3–18; 8:45 am] 15, 2018 direct final action served to
Amendment rights of protesters. BILLING CODE 9110–04–P approve the Commonwealth’s
Protesters are asked to contact the supporting analysis, submitted to EPA
person listed in the FOR FURTHER on May 2, 2018, which demonstrates
INFORMATION CONTACT section to ENVIRONMENTAL PROTECTION that removal of the Pittsburgh-Beaver
coordinate protest activities so that your AGENCY Valley Area low RVP gasoline program
message can be received without does not interfere with the
jeopardizing the safety or security of 40 CFR Part 52 Commonwealth’s ability to attain or
people, places or vessels. maintain any NAAQS in the Pittsburgh-
[EPA–R03–OAR–2018–0277; FRL–9981– Beaver Valley Area. Removal of PADEP
List of Subjects in 33 CFR Part 165 70—Region 3]
volatility requirements would leave in
Harbors, Marine safety, Navigation Approval and Promulgation of Air place federal gasoline volatility
(water), Reporting and recordkeeping Quality Implementation Plans; requirements, as well as separate
requirements, Security measures, Pennsylvania; Removal of Department Allegheny County low-RVP
Waterways. of Environmental Protection Gasoline requirements adopted by the Allegheny
For the reasons discussed in the Volatility Requirements for the County Health Department (ACHD) and
preamble, the Coast Guard amends 33 Pittsburgh-Beaver Valley Area; approved by EPA as a separate part of
CFR part 165 as follows: Withdrawal of Direct Final Rule the Pennsylvania SIP.
In the direct final rule published on
PART 165—REGULATED NAVIGATION AGENCY: Environmental Protection
June 15, 2018 (83 FR 27901), EPA stated
AREAS AND LIMITED ACCESS AREAS Agency (EPA).
that if we received adverse comments
ACTION: Withdrawal of direct final rule. on our action the rule would be
■ 1. The authority citation for part 165
continues to read as follows: SUMMARY: Due to receipt of adverse withdrawn and would not take effect.
comment, the Environmental Protection EPA subsequently received adverse
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Agency (EPA) is withdrawing the direct comments. EPA will address the
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation final rule published on June 15, 2018, to comments received on our proposed
No. 0170.1. approve a revision to the action to remove the PADEP low RVP
Commonwealth of Pennsylvania state gasoline requirements from the
■ 2. Add § 165.T14–0183 to read as Pennsylvania SIP in a subsequent final
follows: implementation plan (SIP) requesting
removal of Pennsylvania requirements action based upon the proposed action
§ 165.T14–0183 Safety Zone; Philippine limiting summertime gasoline volatility also published on June 15, 2018 (83 FR
Sea, Rota. to 7.8 pounds per square inch (psi) Reid 27910). EPA will not institute a second
(a) Location. The following area is a Vapor Pressure (RVP) to address comment period on this action.
safety zone: All waters off of the Port of nonattainment under the 1-hour ozone List of Subjects in 40 CFR Part 52
Rota, from surface to bottom, national ambient air quality standard
encompassed by a line connecting the (NAAQS) in the Pittsburgh-Beaver Environmental protection, Air
following points beginning at 14°08′07″ Valley ozone nonattainment area pollution control, Carbon monoxide,
N, 145°08′00″ E, thence to 14°08′53″ N, (hereafter Pittsburgh-Beaver Valley Incorporation by reference,
145°06′51″ E, thence to 14°09′12″ N, Area). Intergovernmental relations, Nitrogen
145°07′13″ E, thence to 14°08′16″ N, dioxide, Ozone, Particulate matter,
DATES: The direct final rule published at
145°08′08″ E, and along the shore line Reporting and recordkeeping
83 FR 27901 on June 15, 2018, is
back to the beginning point. These requirements, Volatile organic
withdrawn effective August 6, 2018.
coordinates are based on NAD 1983. compounds.
(b) Regulations. (1) The general FOR FURTHER INFORMATION CONTACT:
Brian Rehn, Office of Air Program Dated: July 24, 2018.
regulations governing safety zones
contained in § 165.23 apply. This Planning, Air Protection Division, U.S. Cecil Rodrigues,
proposed rulemaking would prohibit Environmental Protection Agency, Acting Regional Administrator, Region III.
sradovich on DSK3GMQ082PROD with RULES
persons and vessels not involved in the Region 3, 1650 Arch Street,
Philadelphia, PA 19103. Brian Rehn can ■ Accordingly, the amendment to 40
exercise from being in the safety zone
be reached via telephone at (215) 814– CFR 52.2020(c)(1), published on June
unless authorized by the Captain of the
2176 or via electronic mail at 15, 2018 (83 FR 27901), is withdrawn
Port (COTP) Guam or a designated
rehn.brian@epa.gov. effective August 6, 2018.
representative.
(2) To seek permission to enter, SUPPLEMENTARY INFORMATION: Please see [FR Doc. 2018–16604 Filed 8–3–18; 8:45 am]
contact the COTP Guam or the COTP’s the information provided in the direct BILLING CODE 6560–50–P
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Document Created: 2018-11-06 10:37:14
Document Modified: 2018-11-06 10:37:14
| 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 11 a.m. to 11 p.m. on September 16, 2018. | |
| Contact | If you have questions on this rule, call or email 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 38259 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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