Rule2022-09623
Safety Zone; Apra Outer Harbor, Naval Base Guam
Primary source
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Published
May 5, 2022
Effective
June 6, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a recurring safety zone for certain waters of Apra Outer Harbor. This action is necessary to provide for the safety of life on these navigable waters near Apra Harbor, Guam, during fireworks displays. This rulemaking prohibits persons and vessels from entering the safety zone unless authorized by the Captain of the Port Guam (COTP) or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 87 (Thursday, May 5, 2022)</title>
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[Federal Register Volume 87, Number 87 (Thursday, May 5, 2022)]
[Rules and Regulations]
[Pages 26675-26677]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09623]
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Rules and Regulations
Federal Register
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having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 87, No. 87 / Thursday, May 5, 2022 / Rules
and Regulations
[[Page 26675]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0458]
RIN 1625-AA00
Safety Zone; Apra Outer Harbor, Naval Base Guam
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a recurring safety zone for
certain waters of Apra Outer Harbor. This action is necessary to
provide for the safety of life on these navigable waters near Apra
Harbor, Guam, during fireworks displays. This rulemaking prohibits
persons and vessels from entering the safety zone unless authorized by
the Captain of the Port Guam (COTP) or a designated representative.
DATES: This rule is effective June 6, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2020-0458 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Petty Officer Robert Davis, Sector Guam, U.S. Coast
Guard; telephone 671-355-4866, email <a href="/cdn-cgi/l/email-protection#4334342e2436222e03363020246d2e2a2f"><span class="__cf_email__" data-cfemail="780f0f151f0d1915380d0b1b1f56151114">[email protected]</span></a>.
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
Navy Morale, Welfare, and Recreation conducts a recurring fireworks
display between 6 p.m. and 9 p.m. during the first week of July. The
fireworks are launched from a barge positioned in Apra Outer Harbor.
Hazards from firework display include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. In response, on March 24, 2021, the Coast Guard published a
notice of proposed rulemaking (NPRM) titled Safety Zone; Apra Outer
Harbor, Naval Base Guam (86 FR 15625). There we stated why we issued
the NPRM, and invited comments on our proposed regulatory action
related to this fireworks display. During the comment period that ended
April 23, 2021 we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP Guam has determined that
potential hazards associated with the fireworks to be used during
displays are a safety concern for anyone within a 190-yard radius of
the barge. The purpose of this rule is to ensure safety of vessels and
the navigable waters in the safety zone before, during, and after the
scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published March
24, 2021. There is one change in the regulatory text of this rule from
the proposed rule in the NPRM. The text now refers to the event as
Independence Day instead of 4th of July.
This rule establishes a recurring safety zone from 6 p.m. to 9 p.m.
during the first week of July. The safety zone will cover all navigable
waters within 190 yards of the fireworks barge located in Apra Outer
Harbor. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 6 p.m. to 9 p.m. fireworks display. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. 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).
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a small designated area of the Apra Outer Harbor for three
hours. The safety zone will impact a small section of the main channel
for Navy traffic, however Navy traffic will be able to transit around
the area safely. This is also the main traffic area for the Marianas
Yacht Club in Sasa Bay, however vessels will be able to transit around
the area safely. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule allows vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received 00 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.
[[Page 26676]]
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 call or email 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.
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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 approximately three hours that would prohibit entry
within 190 yards of a fireworks barge. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1., Revision No. 01.2.
0
2. In numerical order under the undesignated center heading
``Fourteenth Coast Guard District,'' add Sec. 165.1419 to read as
follows:
Sec. 165.1419 Safety Zone; Apra Outer Harbor, Naval Base Guam.
(a) Location. The following areas, within the Captain of the Port
Guam (COTP) Zone (See 33 CFR 3.70-15), all navigable waters on the
surface and below the surface within 190 yards of the fireworks barge
for Independence Day celebrations at Polaris Point, Naval Base Guam.
The barge will be anchored approximately 500 yards off the north tip of
Polaris Point in Apra Outer Harbor.
(b) Definition. As used in this section, ``designated on-scene
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel, and a Federal, State, and local officer either designated
by or assisting the COTP Sector Guam in the enforcement of the safety
zone.
(c) Regulations. (1) In accordance with the general regulations in
section Sec. 165.23, entry into, transiting, or anchoring within this
safety zone is prohibited unless authorized by the COTP or a designated
on-scene representative.
(2) This safety zone is closed to all persons and vessel traffic,
except as may be permitted by the COTP or a designated on-scene
representative.
(3) Persons and Vessel operators desiring to enter or operate
within the safety zone must contact the COTP or a designated on-scene
representative to obtain permission to do so. The COTP or a designated
on-scene representative may be contacted via VHF Channel 16 or at
telephone number (671) 355-4821. Vessel operators given permission to
enter or operate in the safety zone must comply with all directions
given to them by the COTP or a designated on-scene representative.
(d) Enforcement period. This safety zone will be enforced on a
specific date during the first week of July from 6 p.m. to 9 p.m.
annually, unless the event is delayed or cancelled due to weather. The
Coast Guard will provide advance notice of enforcement and a broadcast
notice to mariners to inform public of
[[Page 26677]]
specific date during the first week in July.
Dated: May 1, 2022.
Nicholas R. Simmons,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2022-09623 Filed 5-4-22; 8:45 am]
BILLING CODE 9110-04-P
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