83_FR_5779 83 FR 5751 - Safety Zone; Navy Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU

83 FR 5751 - Safety Zone; Navy Underwater Detonation (UNDET) Exercise, Apra Outer Harbor, GU

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 28 (February 9, 2018)

Page Range5751-5753
FR Document2018-02648

The Coast Guard proposes to establish 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. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 28 (Friday, February 9, 2018)
[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Proposed Rules]
[Pages 5751-5753]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02648]


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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) Exercise, Apra 
Outer Harbor, GU

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish 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)

[[Page 5752]]

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. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 26, 2018. Requests for public meetings must be 
received by the Coast Guard on or before March 6, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0651 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 Petty Officer Robin Branch, Sector 
Guam, U.S. Coast Guard; telephone (671) 355-4835, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    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.
    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231. The purpose of these proposed safety zones is to protect 
the public and exercise participants from possible safety hazards 
associated with the exercises.

III. Discussion of Proposed Rule

    The COTP proposes to establish these recurring safety zones for 
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 site and a 700 yard radius above and below 
the surface for the Piti site. The duration of the safety zones are 
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. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analysis

    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, 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 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 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 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 zones 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

[[Page 5753]]

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 Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 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 two safety 
zones for periods of time, many of which are of short duration, on days 
requested by the Navy for UNDET exercises that would prohibit entry 
within a 700 yard radius above and below the surface for the Apra Outer 
Harbor site and a 700 yard radius above and below the surface for the 
Piti site. Normally such actions are 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 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 
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, 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) 
Exercise, Apra Outer Harbor, 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 33 CFR 165.23 apply. With the exception of exercise 
participants, no vessels may enter or transit safety zones (a)(1) and 
no persons in the water may enter or transit safety zone (a)(2) 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: December 11, 2017.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2018-02648 Filed 2-8-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                           Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Proposed Rules                                                      5751

                                                  airspace, and Class E airspace extending                keep them operationally current. It,                    continuously published in the Chart
                                                  upward from 700 feet or more above the                  therefore: (1) Is not a ‘‘significant                   Supplement.
                                                  surface at Greater Binghamton Airport/                  regulatory action’’ under Executive                     Paragraph 6002        Class E Surface Area
                                                  Edwin A. Link Field, Binghamton, NY                     Order 12866; (2) is not a ‘‘significant                 Airspace.
                                                  (formerly Binghamton Regional Airport/                  rule’’ under DOT Regulatory Policies                    *        *     *       *    *
                                                  Edwin A. Link Field), due to the                        and Procedures (44 FR 11034; February
                                                  decommissioning of the Binghamton                       26, 1979); and (3) does not warrant                     AEA NY E2 Binghamton, NY [Amended]
                                                  VORTAC, and cancellation of the VOR                     preparation of a Regulatory Evaluation                  Greater Binghamton Airport/Edwin A. Link
                                                  approaches. These changes would                         as the anticipated impact is so minimal.                     Field, NY
                                                  enhance the safety and management of                    Since this is a routine matter that will                  (Lat. 42°12′30″ N, long. 75°58′47″ W)
                                                  IFR operations at the airport.                          only affect air traffic procedures and air              That airspace extending upward from the
                                                     The Class D airspace area would be                   navigation, it is certified that this                   surface within a 4.4-mile radius of Greater
                                                  amended to within a 4.4-mile radius                     proposed rule, when promulgated, will                   Binghamton Airport/Edwin A. Link Field.
                                                  (from a 4.3-mile radius) of Greater                                                                             This Class E airspace area is effective during
                                                                                                          not have a significant economic impact                  the specific days and times established in
                                                  Binghamton Airport/Edwin A. Link                        on a substantial number of small entities               advance by a Notice to Airmen. The effective
                                                  Field.                                                  under the criteria of the Regulatory                    days and times will thereafter be
                                                     The Class E surface area airspace                    Flexibility Act.                                        continuously published in the Chart
                                                  would be amended to within a 4.4-mile                                                                           Supplement.
                                                  radius (increased from a 4.3-mile radius)               Environmental Review
                                                  of Greater Binghamton Airport/Edwin                                                                             Paragraph 6004 Class E Airspace
                                                                                                             This proposal will be subject to an
                                                  A. Link Field. The Binghamton                                                                                   Designated as an Extension to a Class D
                                                                                                          environmental analysis in accordance                    Surface Area.
                                                  VORTAC would be removed as it is                        with FAA Order 1050.1F,
                                                  being decommissioned. The SMITE                         ‘‘Environmental Impacts: Policies and                   *        *     *       *    *
                                                  LOM, and ILS Runway 34 Localizer                        Procedures’’ prior to any FAA final                     AEA NY E4          Binghamton, NY [Removed]
                                                  navigation aids are no longer needed in                 regulatory action.                                      Paragraph 6005 Class E Airspace Areas
                                                  the airspace redesign.
                                                                                                          Lists of Subjects in 14 CFR Part 71                     Extending Upward From 700 Feet or More
                                                     The Class E airspace designated as an                                                                        Above the Surface of the Earth.
                                                  extension to a Class D surface area                       Airspace, Incorporation by reference,
                                                  would be removed as this airspace was                   Navigation (air).                                       *        *     *       *    *
                                                  only necessary for the cancelled                                                                                AEA NY E5 Binghamton, NY [Amended]
                                                  approaches. Class E airspace extending                  The Proposed Amendment
                                                                                                                                                                  Greater Binghamton Airport/Edwin A. Link
                                                  upward from 700 feet above the surface                    In consideration of the foregoing, the                     Field, NY
                                                  would be amended to within a 7-mile                     Federal Aviation Administration                           (Lat. 42°12′30″ N, long. 75°58′47″ W)
                                                  radius (initially from a boundary line                  proposes to amend 14 CFR part 71 as                     That airspace extending upward from 700
                                                  formed by the geographic coordinates)                   follows:                                                feet above the surface within a 7-mile radius
                                                  of the airport. The exclusionary                                                                                of Greater Binghamton Airport/Edwin A.
                                                  language contained in the legal                         PART 71—DESIGNATION OF CLASS A,                         Link Field.
                                                  description would be removed to                         B, C, D, AND E AIRSPACE AREAS; AIR                        Issued in College Park, Georgia, on January
                                                  comply with FAA Order 7400.2L,                          TRAFFIC SERVICE ROUTES; AND                             29, 2018.
                                                  Procedures for Handling Airspace                        REPORTING POINTS                                        Ryan W. Almasy,
                                                  Matters. Also, an editorial change would                ■ 1. The authority citation for part 71                 Manager, Operations Support Group, Eastern
                                                  be made by adding the airport’s                         continues to read as follows:                           Service Center, Air Traffic Organization.
                                                  geographic coordinates to the airspace                                                                          [FR Doc. 2018–02140 Filed 2–8–18; 8:45 am]
                                                  designation.                                              Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                          40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            BILLING CODE 4910–13–P
                                                     The geographic coordinates of the
                                                  airport also would be adjusted in the                   1959–1963 Comp., p. 389.
                                                  classes of airspace listed above to                     § 71.1       [Amended]
                                                  coincide with the FAA’s aeronautical                                                                            DEPARTMENT OF HOMELAND
                                                                                                          ■ 2. The incorporation by reference in                  SECURITY
                                                  database, and the airport name would be                 14 CFR 71.1 of Federal Aviation
                                                  updated to Greater Binghamton Airport/                  Administration Order 7400.11B,                          Coast Guard
                                                  Edwin A. Link Field, formerly                           Airspace Designations and Reporting
                                                  Binghamton Regional Airport/Edwin A.                    Points, dated August 3, 2017, and                       33 CFR Part 165
                                                  Link Field.                                             effective September 15, 2017, is
                                                     Class E airspace designations are                    amended as follows:                                     [Docket Number USCG–2017–0651]
                                                  published in paragraphs 5000, 6002,
                                                                                                          Paragraph 5000         Class D Airspace.                RIN 1625–AA00
                                                  6004, and 6005, respectively, of FAA
                                                  Order 7400.11B, dated August 3, 2017,                   *        *      *      *       *                        Safety Zone; Navy Underwater
                                                  and effective September 15, 2017, which                 AEA NY D Binghamton, NY [Amended]                       Detonation (UNDET) Exercise, Apra
                                                  is incorporated by reference in 14 CFR                                                                          Outer Harbor, GU
                                                  71.1. The Class E airspace designations                 Greater Binghamton Airport/Edwin A. Link
                                                                                                               Field, NY                                          AGENCY:      Coast Guard, DHS.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  listed in this document will be                           (Lat. 42°12′30″ N, long. 75°58′47″ W)
                                                  published subsequently in the Order.                                                                            ACTION:      Notice of proposed rulemaking.
                                                                                                          That airspace extending upward from the
                                                  Regulatory Notices and Analyses                         surface to and including 4,100 feet MSL
                                                                                                                                                                  SUMMARY:   The Coast Guard proposes to
                                                                                                          within a 4.4-mile radius of Greater
                                                    The FAA has determined that this                      Binghamton Airport/Edwin A. Link Field.
                                                                                                                                                                  establish two recurring safety zones for
                                                  proposed regulation only involves an                    This Class D airspace area is effective during          navigable waters of Apra Outer Harbor
                                                  established body of technical                           the specific days and times established in              and Piti, Guam. The safety zones will
                                                  regulations for which frequent and                      advance by a Notice to Airmen. The effective            encompass sites designated for U.S.
                                                  routine amendments are necessary to                     days and times will thereafter be                       Navy underwater detonation (UNDET)


                                             VerDate Sep<11>2014   16:06 Feb 08, 2018   Jkt 244001   PO 00000   Frm 00014     Fmt 4702   Sfmt 4702   E:\FR\FM\09FEP1.SGM   09FEP1


                                                  5752                     Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Proposed Rules

                                                  exercises. The Coast Guard believes this                is to protect the public and exercise                 Broadcast Notice to Mariners via VHF–
                                                  safety zone regulation is necessary to                  participants from possible safety                     FM marine channel 16 about the safety
                                                  protect the public and exercise                         hazards associated with the exercises.                zones and the rule allows vessels to seek
                                                  participants within the affected area                                                                         permission to enter the zone.
                                                                                                          III. Discussion of Proposed Rule
                                                  from possible safety hazards associated
                                                                                                             The COTP proposes to establish these               B. Impact on Small Entities
                                                  with these exercises. These safety zones
                                                  will impact a small designated area of                  recurring safety zones for periods of                    The Regulatory Flexibility Act of
                                                  navigable waters in Apra Harbor and                     time, many of which are of short                      1980, 5 U.S.C. 601–612, as amended,
                                                  Piti during periods of times, many of                   duration, on days requested by the Navy               requires Federal agencies to consider
                                                  which are of short duration, on days                    for UNDET exercises. The safety zones                 the potential impact of regulations on
                                                  requested by the Navy for UNDET                         will cover all navigable waters within a              small entities during rulemaking. The
                                                  exercises. With the exception of exercise               700 yard radius above and below the                   term ‘‘small entities’’ comprises small
                                                  participants, entry of vessels or persons               surface for the Apra Outer Harbor site                businesses, not-for-profit organizations
                                                  into the zone is prohibited unless                      and a 700 yard radius above and below                 that are independently owned and
                                                  specifically authorized by the Captain of               the surface for the Piti site. The duration           operated and are not dominant in their
                                                  the Port Guam. We invite your                           of the safety zones are intended to                   fields, and governmental jurisdictions
                                                  comments on this proposed rulemaking.                   protect personnel, vessels, and the                   with populations of less than 50,000.
                                                                                                          marine environment in these navigable                 The Coast Guard certifies under 5 U.S.C.
                                                  DATES: Comments and related material
                                                                                                          waters during the UNDET exercise.                     605(b) that this proposed rule would not
                                                  must be received by the Coast Guard on
                                                                                                          With the exception of exercise                        have a significant economic impact on
                                                  or before March 26, 2018. Requests for
                                                                                                          participants, no vessel or person will be             a substantial number of small entities.
                                                  public meetings must be received by the
                                                                                                          permitted to enter the safety zones                      While some owners or operators of
                                                  Coast Guard on or before March 6, 2018.
                                                                                                          without obtaining permission from the                 vessels intending to transit the safety
                                                  ADDRESSES: You may submit comments                      COTP or a designated representative.                  zones may be small entities, for the
                                                  identified by docket number USCG–                       The regulatory text we are proposing                  reasons stated in section IV.A above,
                                                  2017–0651 using the Federal                             appears at the end of this document.                  this proposed rule would not have a
                                                  eRulemaking Portal at http://                                                                                 significant economic impact on any
                                                  www.regulations.gov. See the ‘‘Public                   IV. Regulatory Analysis
                                                                                                                                                                vessel owner or operator.
                                                  Participation and Request for                             We developed this proposed rule after                  If you think that your business,
                                                  Comments’’ portion of the                               considering numerous statutes and                     organization, or governmental
                                                  SUPPLEMENTARY INFORMATION section for                   Executive orders related to rulemaking.               jurisdiction qualifies as a small entity
                                                  further instructions on submitting                      Below we summarize our analyses                       and that this rule would have a
                                                  comments.                                               based on a number of these statutes and               significant economic impact on it,
                                                  FOR FURTHER INFORMATION CONTACT:     If                 Executive orders and we discuss First                 please submit a comment (see
                                                  you have questions about this proposed                  Amendment rights of protestors.                       ADDRESSES) explaining why you think it
                                                  rulemaking, call or email Petty Officer                 A. Regulatory Planning and Review                     qualifies and how and to what degree
                                                  Robin Branch, Sector Guam, U.S. Coast                                                                         this rule would economically affect it.
                                                                                                             Executive Orders 12866 and 13563                      Under section 213(a) of the Small
                                                  Guard; telephone (671) 355–4835, email
                                                                                                          direct agencies to assess the costs and               Business Regulatory Enforcement
                                                  wwmguam@uscg.mil.
                                                                                                          benefits of available regulatory                      Fairness Act of 1996 (Pub. L. 104–121),
                                                  SUPPLEMENTARY INFORMATION:                              alternatives and, if regulation is                    we want to assist small entities in
                                                  I. Table of Abbreviations                               necessary, to select regulatory                       understanding this proposed rule. If the
                                                                                                          approaches that maximize net benefits.                rule would affect your small business,
                                                  CFR Code of Federal Regulations                         Executive Order 13771 directs agencies
                                                  COTP Captain of the Port                                                                                      organization, or governmental
                                                  DHS Department of Homeland Security
                                                                                                          to control regulatory costs through a                 jurisdiction and you have questions
                                                  FR Federal Register                                     budgeting process. This NPRM has not                  concerning its provisions or options for
                                                  NPRM Notice of proposed rulemaking                      been designated a ‘‘significant                       compliance, please contact the person
                                                  § Section                                               regulatory action,’’ under Executive                  listed in the FOR FURTHER INFORMATION
                                                  U.S.C. United States Code                               Order 12866. Accordingly, the NPRM                    CONTACT section. The Coast Guard will
                                                                                                          has not been reviewed by the Office of                not retaliate against small entities that
                                                  II. Background, Purpose, and Legal
                                                                                                          Management and Budget (OMB), and                      question or complain about this
                                                  Basis
                                                                                                          pursuant to OMB guidance it is exempt                 proposed rule or any policy or action of
                                                     U.S. Navy UNDET exercises occur                      from the requirements of Executive                    the Coast Guard.
                                                  multiple times throughout the year to                   Order 13771.
                                                  train and prepare personnel for                            This regulatory action determination               C. Collection of Information
                                                  operational missions. We have                           is based on the size, location, and                     This proposed rule would not call for
                                                  established safety zones for these Navy                 duration of the safety zones. Vessel                  a new collection of information under
                                                  UNDETs in past years through a                          traffic will be able to safely transit                the Paperwork Reduction Act of 1995
                                                  temporary final rulemaking for each                     around these safety zones, which will                 (44 U.S.C. 3501–3520).
                                                  exercise. For all subsequent exercises,                 impact a small designated area of waters
                                                  we propose to establish recurring safety                off of Piti, Guam, and in Apra Outer                  D. Federalism and Indian Tribal
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  zones through this regulation to                        Harbor for periods of time, many of                   Governments
                                                  safeguard the public and exercise                       which are of short duration, on days                     A rule has implications for federalism
                                                  participants within the affected area                   requested by the Navy for UNDET                       under Executive Order 13132,
                                                  from possible safety hazards associated                 exercises. The UNDET exercises occur                  Federalism, if it has a substantial direct
                                                  with the exercises.                                     approximately 10 times a year, although               effect on the States, on the relationship
                                                     The legal basis and authorities for this             additional exercises may be required                  between the national government and
                                                  rule are found in 33 U.S.C. 1231. The                   based on Navy training needs.                         the States, or on the distribution of
                                                  purpose of these proposed safety zones                  Moreover, the Coast Guard will issue                  power and responsibilities among the


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                                                                           Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Proposed Rules                                                5753

                                                  various levels of government. We have                   Manual 023–01–001–01, Rev. 01. A                      requirements, Security measures,
                                                  analyzed this proposed rule under that                  preliminary Record of Environmental                   Waterways.
                                                  Order and have determined that it is                    Consideration supporting this                           For the reasons discussed in the
                                                  consistent with the fundamental                         determination is available in the docket
                                                                                                                                                                preamble, the Coast Guard proposes to
                                                  federalism principles and preemption                    where indicated under ADDRESSES. We
                                                                                                                                                                amend 33 CFR part 165 as follows:
                                                  requirements described in Executive                     seek any comments or information that
                                                  Order 13132.                                            may lead to the discovery of a                        PART 165—REGULATED NAVIGATION
                                                     Also, this proposed rule does not have               significant environmental impact from                 AREAS AND LIMITED ACCESS AREAS
                                                  tribal implications under Executive                     this proposed rule.
                                                  Order 13175, Consultation and                                                                                 ■ 1. The authority citation for part 165
                                                  Coordination with Indian Tribal                         G. Protest Activities
                                                                                                                                                                continues to read as follows:
                                                  Governments, because it would not have                    The Coast Guard respects the First
                                                  a substantial direct effect on one or                   Amendment rights of protesters.                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
                                                  more Indian tribes, on the relationship                 Protesters are asked to contact the                   195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
                                                                                                          person listed in the FOR FURTHER                      160.5; Department of Homeland Security
                                                  between the Federal Government and
                                                                                                                                                                Delegation No. 0170.1.
                                                  Indian tribes, or on the distribution of                INFORMATION CONTACT section to
                                                  power and responsibilities between the                  coordinate protest activities so that your            ■   2. Add § 165.1402 to read as follows:
                                                  Federal Government and Indian tribes.                   message can be received without                       § 165.1402 Safety Zone; Navy Underwater
                                                  If you believe this proposed rule has                   jeopardizing the safety or security of                Detonation (UNDET) Exercise, Apra Outer
                                                  implications for federalism or Indian                   people, places, or vessels.                           Harbor, GU.
                                                  tribes, please contact the person listed                V. Public Participation and Request for
                                                  in the FOR FURTHER INFORMATION                                                                                  (a) Location. The following areas,
                                                                                                          Comments                                              within the Guam Captain of the Port
                                                  CONTACT section.
                                                                                                             We view public participation as                    (COTP) Zone (See 33 CFR 3.70–15),
                                                  E. Unfunded Mandates Reform Act                         essential to effective rulemaking, and                from the surface of the water to the
                                                     The Unfunded Mandates Reform Act                     will consider all comments and material               ocean floor, are safety zones:
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   received during the comment period.                      (1) Apra Outer Harbor, Guam. All
                                                  Federal agencies to assess the effects of               Your comment can help shape the                       waters above and below the surface
                                                  their discretionary regulatory actions. In              outcome of this rulemaking. If you                    bounded by a circle with a 700 yard
                                                  particular, the Act addresses actions                   submit a comment, please include the                  radius centered at 13 degrees 27
                                                  that may result in the expenditure by a                 docket number for this rulemaking,                    minutes 42 seconds North Latitude and
                                                  State, local, or tribal government, in the              indicate the specific section of this                 144 degrees 38 minutes 30 seconds East
                                                  aggregate, or by the private sector of                  document to which each comment                        Longitude, (NAD 1983).
                                                  $100,000,000 (adjusted for inflation) or                applies, and provide a reason for each                   (2) Piti, Guam. All waters above and
                                                  more in any one year. Though this                       suggestion or recommendation.                         below the surface bounded by a circle
                                                  proposed rule would not result in such                     We encourage you to submit                         with a 700-yard radius centered at 13
                                                  an expenditure, we do discuss the                       comments through the Federal                          degrees 29 minutes 03 seconds North
                                                  effects of this rule elsewhere in this                  eRulemaking Portal at http://                         Latitude and 144 degrees 40 minutes 03
                                                  preamble.                                               www.regulations.gov. If your material                 seconds East Longitude, (NAD 1983).
                                                                                                          cannot be submitted using http://
                                                  F. Environment                                                                                                   (b) Enforcement periods. This section
                                                                                                          www.regulations.gov, contact the person
                                                    We have analyzed this proposed rule                   in the FOR FURTHER INFORMATION                        will be enforced for designated periods
                                                  under Department of Homeland                            CONTACT section of this document for
                                                                                                                                                                of time, many of which are of short
                                                  Security Management Directive 023–01                    alternate instructions.                               duration, on days requested by the Navy
                                                  and Commandant Instruction                                 We accept anonymous comments. All                  for purpose of UNDET exercises.
                                                  M16475.lD, which guide the Coast                        comments received will be posted                         (c) Regulations. The general
                                                  Guard in complying with the National                    without change to http://                             regulations governing safety zones
                                                  Environmental Policy Act of 1969 (42                    www.regulations.gov and will include                  contained in 33 CFR 165.23 apply. With
                                                  U.S.C. 4321–4370f), and have made a                     any personal information you have                     the exception of exercise participants,
                                                  preliminary determination that this                     provided. For more about privacy and                  no vessels may enter or transit safety
                                                  action is one of a category of actions that             the docket, visit http://                             zones (a)(1) and no persons in the water
                                                  do not individually or cumulatively                     www.regulations.gov/privacyNotice.                    may enter or transit safety zone (a)(2)
                                                  have a significant effect on the human                     Documents mentioned in this NPRM                   unless authorized by the COTP or a
                                                  environment. This proposed rule                         as being available in the docket, and all             designated representative thereof.
                                                  involves two safety zones for periods of                public comments, will be in our online                   (d) Enforcement. Any Coast Guard
                                                  time, many of which are of short                        docket at http://www.regulations.gov                  commissioned, warrant, or petty officer,
                                                  duration, on days requested by the Navy                 and can be viewed by following that                   and any other COTP representative
                                                  for UNDET exercises that would                          website’s instructions. Additionally, if              permitted by law, may enforce these
                                                  prohibit entry within a 700 yard radius                 you go to the online docket and sign up               safety zones.
                                                  above and below the surface for the                     for email alerts, you will be notified
                                                  Apra Outer Harbor site and a 700 yard                                                                           Dated: December 11, 2017.
                                                                                                          when comments are posted or a final
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  radius above and below the surface for                  rule is published.                                    Christopher M. Chase,
                                                  the Piti site. Normally such actions are                                                                      Captain, U.S. Coast Guard, Captain of the
                                                  categorically excluded from further                     List of Subjects in 33 CFR Part 165                   Port, Guam.
                                                  review under paragraph L60(a) of                          Harbors, Marine safety, Navigation                  [FR Doc. 2018–02648 Filed 2–8–18; 8:45 am]
                                                  Appendix A, Table 1 of DHS Instruction                  (water), Reporting and recordkeeping                  BILLING CODE 9110–04–P




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Document Created: 2018-02-09 00:11:44
Document Modified: 2018-02-09 00:11:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before March 26, 2018. Requests for public meetings must be received by the Coast Guard on or before March 6, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Petty Officer Robin Branch, Sector Guam, U.S. Coast Guard; telephone (671) 355-4835, email [email protected]
FR Citation83 FR 5751 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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