Safety Zone; Apra Outer Harbor, Naval Base Guam

• Published date: 24 March 2021
• Citation: 86 FR 15625
• Record Number: 2021-06079
• Section: Proposed rules
• Court: Coast Guard

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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Proposed Rules

April 23, 2021, then the NRC will

publish a document that withdraws the

direct final rule. If the direct final rule

is withdrawn, the NRC will address the

comments in a subsequent final rule.

Absent significant modifications to the

proposed revisions requiring

republication, the NRC will not initiate

a second comment period on this action

in the event the direct final rule is

withdrawn.

A significant adverse comment is a

comment where the commenter

explains why the rule would be

inappropriate, including challenges to

the rule’s underlying premise or

approach, or would be ineffective or

unacceptable without a change. A

comment is adverse and significant if:

(1) The comment opposes the rule and

provides a reason sufficient to require a

substantive response in a notice-and-

comment process. For example, a

substantive response is required when:

(a) The comment causes the NRC to

reevaluate (or reconsider) its position or

conduct additional analysis;

(b) The comment raises an issue

serious enough to warrant a substantive

response to clarify or complete the

record; or

(c) The comment raises a relevant

issue that was not previously addressed

or considered by the NRC.

(2) The comment proposes a change

or an addition to the rule, and it is

apparent that the rule would be

ineffective or unacceptable without

incorporation of the change or addition.

(3) The comment causes the NRC to

make a change (other than editorial) to

the rule.

For a more detailed discussion of the

proposed rule changes and associated

analyses, see the direct final rule

published in the Rules and Regulations

section of this issue of the Federal

Register.

III. Background

Section 218(a) of the Nuclear Waste

Policy Act of 1982, as amended,

requires that ‘‘[t]he Secretary [of the

Department of Energy] shall establish a

demonstration program, in cooperation

with the private sector, for the dry

storage of spent nuclear fuel at civilian

nuclear power reactor sites, with the

objective of establishing one or more

technologies that the [Nuclear

Regulatory] Commission may, by rule,

approve for use at the sites of civilian

nuclear power reactors without, to the

maximum extent practicable, the need

for additional site-specific approvals by

the Commission.’’ Section 133 of the

Nuclear Waste Policy Act states, in part,

that ‘‘[t]he Commission shall, by rule,

establish procedures for the licensing of

any technology approved by the

Commission under Section 219(a) [sic:

218(a)] for use at the site of any civilian

nuclear power reactor.’’

To implement this mandate, the

Commission approved dry storage of

spent nuclear fuel in NRC-approved

casks under a general license by

publishing a final rule that added a new

subpart K in part 72 of title 10 of the

Code of Federal Regulations (10 CFR)

entitled ‘‘General License for Storage of

Spent Fuel at Power Reactor Sites’’ (55

FR 29181; July 18, 1990). This rule also

established a new subpart L in 10 CFR

part 72 entitled ‘‘Approval of Spent Fuel

Storage Casks,’’ which contains

procedures and criteria for obtaining

NRC approval of spent fuel storage cask

designs. The NRC subsequently issued a

final rule on December 22, 1994 (59 FR

65898), that approved the TN Americas

LLC Standardized NUHOMS

®

Horizontal Modular Storage System

design and added it to the list of NRC-

approved cask designs provided in

§ 72.214 as Certificate of Compliance

No. 1004.

IV. Plain Writing

The Plain Writing Act of 2010 (Pub.

L. 111–274) requires Federal agencies to

write documents in a clear, concise,

well-organized manner. The NRC has

written this document to be consistent

with the Plain Writing Act as well as the

Presidential Memorandum, ‘‘Plain

Language in Government Writing,’’

published June 10, 1998 (63 FR 31885).

The NRC requests comment on the

proposed rule with respect to clarity

and effectiveness of the language used.

V. Availability of Documents

The documents identified in the

following table are available to

interested persons through one or more

of the following methods, as indicated.

Document ADAMS Accession No./

Federal Register Citation

TN Americas LLC, Submittal of Application for Amendment 17 to Standardized NUHOMS

®

Certificate of Compli-

ance No. 1004 for Spent Fuel Storage Casks, Revision 0. ML20174A089 (package).

TN America, LLC—Response to Request for Additional Information—Application for Amendment 17 to Standard-

ized NUHOMS

®

Certificate of Compliance No. 1004 for Spent Fuel Storage Casks, Revision 1 (Docket No. 72–

1004. CAC No. 001028, EPID: L–2020–LLA–0128).

ML20255A206 (package).

User Need Memo for Rulemaking for the Standardized NUHOMS

®

System, Certificate of Compliance No. 1004,

Renewed Amendment No. 17. ML20308A485 (package).

The NRC may post materials related

to this document, including public

comments, on the Federal Rulemaking

website at https://www.regulations.gov

under Docket ID NRC–2020–0274. The

Federal Rulemaking website allows you

to receive alerts when changes or

additions occur in a docket folder. To

subscribe: (1) Navigate to the docket

folder (NRC–2020–0274); (2) click the

‘‘Sign up for Email Alerts’’ link; and (3)

enter your email address and select how

frequently you would like to receive

emails (daily, weekly, or monthly).

For the Nuclear Regulatory Commission.

Margaret M. Doane,

Executive Director for Operations.

[FR Doc. 2021–06077 Filed 3–23–21; 8:45 am]

BILLING CODE 7590–01–P

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

: Notice of proposed rulemaking.

SUMMARY

: The Coast Guard is proposing

to establish a recurring safety zone for

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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 proposed

rulemaking would prohibit persons and

vessels from entering the safety zone

unless authorized by the Captain of the

Port Guam (COTP) or a designated

representative. We invite your

comments on this proposed rulemaking.

DATES

: Comments and related material

must be received by the Coast Guard on

or before April 23, 2021.

ADDRESSES

: You may submit comments

identified by docket number USCG–

2020–0458 using the Federal

eRulemaking Portal at https://

www.regulations.gov. See the ‘‘Public

Participation and Request for

Comments’’ portion of the

SUPPLEMENTARY INFORMATION

section for

further instructions on submitting

comments.

FOR FURTHER INFORMATION CONTACT

: If

you have questions about this proposed

rulemaking, call or email Chief Petty

Officer Robert Davis, Sector Guam, 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

§ Section

U.S.C. United States Code

II. Background, Purpose, and Legal

Basis

Navy MWR conducts a recurring

fireworks display between 6 p.m. and 9

p.m. during the 1st 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. The Captain of

the Port Guam (COTP) has determined

that potential hazards associated with

the fireworks to be used in this display

would be a safety concern for anyone

within a 190-yard radius of the barge.

The purpose of this rulemaking is to

ensure the safety of vessels and of the

navigable waters within a 190-yard

radius of the fireworks barge before,

during, and after the scheduled event.

The Coast Guard is proposing this

rulemaking under its authority in 46

U.S.C. 70034 (previously 33 U.S.C.

1231).

III. Discussion of Proposed Rule

The COTP is proposing to establish

this recurring safety zone from 6 p.m. to

9 p.m. during the first week of July. The

safety zone would 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

would be permitted to enter the safety

zone 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 Analyses

We developed this proposed rule after

considering numerous statutes and

Executive orders related to rulemaking.

Below we summarize our analyses

based on a number of these statutes and

Executive orders, and we discuss First

Amendment rights of protestors.

A. Regulatory Planning and Review

Executive Orders 12866 and 13563

direct agencies to assess the costs and

benefits of available regulatory

alternatives and, if regulation is

necessary, to select regulatory

approaches that maximize net benefits.

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).

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 3 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 certifies under 5 U.S.C.

605(b) that this proposed rule would not

have a significant economic impact on

a substantial number of small entities.

While some owners or operators of

vessels intending to transit the safety

zone may be small entities, for the

reasons stated in section IV.A above,

this proposed rule would not have a

significant economic impact on any

vessel owner or operator.

If you think that your business,

organization, or governmental

jurisdiction qualifies as a small entity

and that this rule would have a

significant economic impact on it,

please submit a comment (see

ADDRESSES

) explaining why you think it

qualifies and how and to what degree

this rule would economically affect it.

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we want to assist small entities in

understanding this proposed rule. If the

rule would affect your small business,

organization, or governmental

jurisdiction and you have questions

concerning its provisions or options for

compliance, please call or email the

person listed in the

FOR FURTHER

INFORMATION CONTACT

section. The Coast

Guard will not retaliate against small

entities that question or complain about

this proposed rule or any policy or

action of the Coast Guard.

C. Collection of Information

This proposed rule would not call for

a new collection of information under

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501–3520).

D. Federalism and Indian Tribal

Governments

A rule has implications for federalism

under Executive Order 13132

(Federalism), if it has a substantial

direct effect on the States, on the

relationship between the National

Government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. We have analyzed

this proposed rule under that Order and

have determined that it is consistent

with the fundamental federalism

principles and preemption requirements

described in Executive Order 13132.

Also, this proposed rule does not have

tribal implications under Executive

Order 13175 (Consultation and

Coordination with Indian Tribal

Governments) because it would not

have a substantial direct effect on one or

more Indian tribes, on the relationship

between the Federal Government and

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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 call or email the person

listed in the

FOR FURTHER INFORMATION

CONTACT

section.

E. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) requires

Federal agencies to assess the effects of

their discretionary regulatory actions. In

particular, the Act addresses actions

that may result in the expenditure by a

State, local, or tribal government, in the

aggregate, or by the private sector of

$100,000,000 (adjusted for inflation) or

more in any one year. Though this

proposed rule would not result in such

an expenditure, we do discuss the

effects of this rule elsewhere in this

preamble.

F. Environment

We have analyzed this proposed rule

under Department of Homeland

Security Directive 023–01, 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 made a preliminary determination

that this action is one of a category of

actions that do not individually or

cumulatively have a significant effect on

the human environment. This proposed

rule involves a safety zone lasting no

more than 3 hours that would prohibit

entry within 190 yards of a fireworks

barge. 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. 1. A

preliminary 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. 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 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.

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 https://

www.regulations.gov. If your material

cannot be submitted using https://

www.regulations.gov, call or email the

person in the

FOR FURTHER INFORMATION

CONTACT

section of this document for

alternate instructions.

We accept anonymous comments.

Comments we post to https://

www.regulations.gov will include any

personal information you have

provided. For more about privacy and

submissions in response to this

document, see DHS’s eRulemaking

System of Records notice (85 FR 14226,

March 11, 2020). Documents mentioned

in this NPRM as being available in the

docket, and public comments, will be in

our online docket at https://

www.regulations.gov and can be viewed

by following that website’s instructions.

We review all comments received, but

we will only post comments that

address the topic of the proposed rule.

We may choose not to post off-topic,

inappropriate, or duplicate comments

that we receive. 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 is proposing

to amend 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

■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. 0170.1.

■2. Add § 165.1419 to read as follows:

§ 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 the 4th of July

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 Captain of

the Port (COTP) Sector Guam in the

enforcement of the safety zone.

(c) Regulations. (1) In accordance with

the general regulations in section

§ 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 1st week of July from 6:00

p.m. to 9:00 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 specific date.

Dated: March 16, 2021.

Christopher M. Chase,

Captain, U.S. Coast Guard, Captain of the

Port, Guam.

[FR Doc. 2021–06079 Filed 3–23–21; 8:45 am]

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