[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Rules and Regulations]
[Page 53128-53130]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se08-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0837]
RIN 1625-AA00
Safety Zone; Agat Bay and Outer Apra Harbor, GU
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters of Agat Bay and Outer Apra Harbor, Guam. The zone will encompass
two distinct areas, each area bounded by a circle with a 300-meter
radius on the surface and a 2750-meter radius underwater, centered at
13[deg]23[min]00[sec] N and 144[deg]35[min]00[sec] E (NAD 1983) and
13[deg]27[min]42[sec] N and 144[deg]38[min]30[sec] E (NAD 1983)
respectively. This safety zone is necessary to protect mariners who
would otherwise transit or be within the affected area from possible
safety hazards associated with an underwater detonation operation.
Entry of persons or vessels into this temporary safety zone is
prohibited unless authorized by the Captain of the Port.
DATES: This rule is effective beginning September 15, 2008, through
September 17, 2008, daily between the hours of 8 a.m. and 11:59 p.m.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0837 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the U.S.
Coast Guard Sector Guam, Naval Base Guam, between 7:30 a.m. and 3:30
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact Lieutenant Krissy Marlin, U.S. Coast Guard
Sector Guam, at (671) 355-4835. If you have questions on viewing the
docket, call Renne V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION: We encourage you to participate in this
rulemaking by submitting comments and related materials. All comments
received will be posted, without change, to http://www.regulations.gov
and will include any personal information you have provided. We have an
agreement with the Department of Transportation (DOT) to use the Docket
Management Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0837), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
and e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments by only one means. If you
submit them by mail or delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit them by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or
[[Page 53129]]
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0837)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays; or the Coast Guard Sector Guam, Naval Base Guam, between 7:30
a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.
Background and Purpose
The Coast Guard expects that, on September 15th, 16th and 17th
2008, the U.S. Navy will conduct an underwater detonation of explosives
operation within the Guam Captain of the Port Zone. The Coast Guard has
determined that a temporary safety zone, that will encompass two
distinct areas in the waters of Agat Bay and outer Apra Harbor, is
necessary to protect mariners and divers from hazards associated with
the operation. The areas are relatively close together, and both are
areas where underwater demolition exercises will occur.
Discussion of Rule
This temporary safety zone is effective daily between the hours of
8 a.m. to 11:59 p.m. beginning September 15, 2008, through September
17, 2008. The zone is located within the Guam Captain of the Port Zone
(See 33 CFR 3.70-15) and covers all waters bounded by a circle with a
300-meter radius on the surface and a 2750-meter radius underwater,
centered at 13[deg]23[min]00[sec] N and 144[deg]35[min]00[sec] E in
Agat Bay and 13[deg]27[min]42[sec] N and 144[deg]38[min]30[sec] E in
outer Apra Harbor, from the surface of the water to the ocean floor.
The general regulations governing safety zones contained in 33 CFR
165.23 apply. Entry into, transit through or anchoring within this zone
is prohibited unless authorized by the Captain of the Port or a
designated representative thereof. Any Coast Guard commissioned,
warrant, or petty officer, and any other Captain of the Port
representative permitted by law, may enforce the zone. The Captain of
the Port may waive any of the requirements of this rule for any person,
vessel, or class of vessel upon finding that application of the safety
zone is unnecessary or impractical for the purpose of maritime safety.
Vessels or persons violating this rule are subject to the penalties set
forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under Sec.
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under Sec.
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
The Coast Guard expects the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. This expectation is based on the
short duration of the zone and the limited geographic area affected by
it.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. We expect that there will be little or no impact to small
entities due to the narrowly tailored scope of this safety zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and either preempts State law or imposes a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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
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Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards is inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., specifications of materials, performance, design, or operation;
test methods; sampling procedures; and related management systems
practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction that there are no factors in this case that limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, under figure 2-1, paragraph (34)(g) of the
Commandant Instruction M16475.1D, this rule is categorically excluded
from further environmental documentation because it is a regulation
establishing a safety zone.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T14-173 to read as follows:
Sec. 165.T14-173 Safety Zone; Agat Bay and adjacent waters, GU.
(a) Location. The following areas, within the Guam Captain of the
Port Zone (See 33 CFR 3.70-15), from the surface of the water to the
ocean floor, are a safety zone:
(1) All waters bounded by a circle with a 300-meter radius on the
surface and a 2750-meter radius underwater, centered at
13[deg]23[min]42[sec] N and 144[deg]35[min]00[sec] E (NAD 1983);
(2) All waters bounded by a circle with a 300-meter radius on the
surface and a 2750-meter radius underwater, centered at
13[deg]27[min]42[sec] N and 144[deg]38[min]30[sec] E.
(b) Effective Dates. This rule is effective beginning September 15,
2008, through September 17, 2008, daily between the hours of 8 a.m. and
11:59 p.m.
(c) Enforcement Period. This rule will be enforced from 8 a.m.
through 11:59 p.m., each day, from September 15, 2008, through
September 17, 2008.
(d) Regulations. The general regulations governing safety zones
contained in 33 CFR 165.23 apply. Entry into, transit through or
anchoring within this zone is prohibited unless authorized by the
Captain of the Port or a designated representative thereof.
(e) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer, and any other Captain of the Port representative permitted by
law, may enforce this temporary safety zone.
(f) Waiver. The Captain of the Port may waive any of the
requirements of this rule for any person, vessel, or class of vessel
upon finding that application of the safety zone is unnecessary or
impractical for the purpose of maritime security.
Dated: September 3, 2008.
T. Sparks,
Captain, U.S. Coast Guard, Captain of the Port Guam.
[FR Doc. E8-21549 Filed 9-11-08; 4:15 pm]
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